Evaluate Postmodernist Explanations of the Role and Functions of Religion in Contemporary Society Essay

Evaluate postmodernist explanations of the role and functions of religion in contemporary society. Postmodernist religion can be defined as any type of religion that is influenced, interpreted or shaped by postmodernism and postmodern philosophies. Postmodern religion is not an attempt to banish religion from society; rather, it is a philosophical approach to religion that considers orthodox assumptions that may reflect power differences in society rather than universal truths. A postmodern interpretation of religion emphasises the key point that religious truth is highly individualistic, subjective and resides within the individual. Science technology and efficiency would overcome many social problems. The collapse of the ‘grand-narrative’ is part of post-modernism as it is a belief system that claims universal authority, religion; science and philosophies are examples of these. They have a superior status over other belief systems and also claimed they could explain the causes of society’s problems and could therefore provide solutions. According to Jean-Francois Lyotard, the grand-narratives powerful attraction has been lost during the 20th century. So, science hasn’t delivered solutions, wars have devastated nations, and the world is still full of evils that the grand-narratives can’t explain or resolve. Examples of this are world wars; nuclear warfare; AIDS and global poverty. The common perspective of post-modernist religion is ‘there is a god who can’t do anything, there is a god who won’t do anything, or there isn’t a god. ’ Zygmunt Bauman said post-modernity is the irretrievable loss of trust in the project of modernity and its ability to manage, enhance and fulfil human potential. Symbols, signs and meanings are also another theory to post-modernism. Mass media like television and the internet have exposed us all to different cultures and ideas from across the globe, also known as globalisation. The ‘meanings’ of things have now become more individualised, we consume the products, symbols and signs of a globalised economy, but we provide our own meanings to these. Jean Baudrillard said â€Å"we are what we consume†¦ and our identities are formed and changed through acts of consumption. † Signs and symbols have become detached from their original meanings; original purposes and meanings have become lost. Religious signs and symbols are losing their meaning, these signs and symbols have been adopted by mass consumer culture, usually used for decorative and playful purposes such as jewellery. Joseph Natoli said â€Å"post-modernity has questioned the authority and legitimizing of both faith and reason, opting for the view that both offer stories of reality†¦ both do so on the shifting sands of a post-modernist outlook. † Signs and symbols have become insecure from the things they were linked to originally. Individuals no longer identify with a single religion and so they blend different beliefs with practices to create an identity for themselves. This can be known as being utilitarian, so there is no substance to our identity and actions, we are no longer just shaped by the moulding force of socialisation. Zygmunt Bauman said the consumption of goods and services becomes more important in our lives as a way of constructing and changing identity. This consumption is addictive and advertising drags us in. â€Å"I don’t know what’s right and what’s real anymore, and I don’t know how I’m meant to feel anymore, and when do you think it will all become clear? † from ‘The Fear’ by Lily Allen (2009). Many different religions now exist and people tend to mix the styles and genres with one another. Baudrillard said it is hard to find guidance in our lives as sources of authority and moral leadership are often undermined, they seem almost irrelevant. In the past we believed anything that religious leaders told us, simply because they were a religious leader, but this is no longer the case as we are now sceptical. We live in a world of images, and so it is hard to distinguish between image and reality as we live in a world where media simulations are more ‘real’ than the reality that we live in. Anthony Giddens said we live in a new form of modernity where we have lost faith in the ‘project of modernity’. We are now able to try out many different cultures in a globalised world. Life is now more uncertain than before. So to sum up, we live in a society characterised the coexistence of many different subgroups and cultures; the erosion of traditional social classes; the growth of movements such as environmentalism, feminism and ethnic politics; the absence of agreed standards for evaluating what is true/false and right/wrong; the blurring of what is real and not; and experimentation with self-identity. Stewart Clegg said that organisations are different in the post-modern age. For example, in the modern age there is rigid authoritarian control; mass consumption; it is dominated by technology and is demarcated and deskilled. Whereas, in the post-modern age there is flexible and democratic control; niche markets; it is enabled by technology and is undemarcated and multi-skilled jobs. Postmodernists believe that the advent of postmodernity has led to significant changes in religion. In particular, they see it as leading to the decline of traditional church-based religions in which believers follow rules laid down by their religion, and the growth of new age beliefs where people can pick and choose their own belief systems. Marxist religion is all about the ruling class owning the means of production, and through wealth they derive power which allows control over the superstructure of society. Ruling class ideology of religion keeps the ruling class in power by discouraging the working classes from realising they are being exploited and in turn trying to rebel against the ruling class power. Karl Marx famously described religion as the ‘opium of the masses’, by this he meant that religion was seen as being like a drug that helps people deal with pain, much like ‘opium’. Religion promises eternal life in heaven for people who accept religion. As the biblical quote says ‘it is easier for a camel to pass through the eye if a needle, than for s rich man to enter the kingdom of heaven’. It offers hope of supernatural intervention to end suffering, for example, Jehovah’s witnesses believe that judgement day will arrive and those who are not religious will be judged and punished. Marx saw religion as a mechanism of social control. It creates false class consciousness, mistaken beliefs about the true nature of social life, which justify the position of the ruling class. This prevents the working class developing class consciousness, in which they become aware that they are exploited, and unite to overthrow the capitalist system that exploits them. Marx believed the only escape of this exploitation was communism, this way religion would no longer be necessary. Without social classes there would be no need for religion as its sole purpose was to legitimate ruling class power. Religion would therefore disappear. For example, in the Soviet Union under communist leadership from 1917 to 1990 the state consistently opposed the existence of religious beliefs and destroyed many Russian orthodox churches, as well as mosques and synagogues. The Marxist view of religion has been proven in many societies across the world; some examples of these are the Hindu caste system and evangelical Christianity in Latin America. In the Hindu caste system in India, people were divided into 5 castes based upon their supposed degree of religious purity. The Brahmins (priests) were at the top and the untouchables (unskilled labourers) at the bottom. This supports the Marxist view since no movement was permitted between castes, this system ensured the ruling class maintained their power and control and justified the lowly position of those at the bottom in terms of their religious impurity. The new Christian right have encouraged the spread of protestant religious beliefs in predominantly catholic Latin America countries particularly amongst the poor in shantytowns. This supports the Marxist view of religion as protestant religious beliefs provide religious discipline and hope of salvation in afterlife to some of the poorest in Latin American societies, discouraging them from supporting radical catholic liberation theology and encouraging support for US-style capitalist values. However Marxist view can also be criticised, just a few criticisms would be that Marxist only focus on one possible role of religion in society and it ignores the much broader range of effects religion might have. Another criticism would be that attempts to destroy religion in communist countries were not successful. Religion survived in the USSR and Catholicism thrived in communist Poland. Much like Marxists, feminists believe that religion does not serve the interests of society as a whole, and only serves the interests of a particular social group. They see religion as being patriarchal, male-dominated, and serving the interests of men. Karen Armstrong argued that religion has not always been patriarchal and that in early history women were considered central to spirituality and archaeologists have found numerous symbols of the great mother goddess, in comparison there were few portrayals of male gods. With the advent of Judaism, Christianity and Islam, monotheistic religions largely replaced polytheistic religions. In all these cases god was portrayed as a male. Jean Holm argues that in the public sphere of religion when important positions are held, men almost always dominate. However, in the private sphere, women are dominant and do most of the religious work. Holm has identified inequality between men and women in all major world religion. Some examples of these inequalities are shown in Christianity/roman Catholicism; Islam; Hinduism; Chinese folk religions; Orthodox Judaism and Sikhism.

How Technology Affects Teenagers Essay

Technology has changed the way we as humans live; it changes our understanding of the way things work and changes the way we interact with one another. Technology was once opposed but is now somewhat welcomed into our homes. During the renaissance period, technology was opposed, as the church believed that technology would oppose the beliefs of god. Well they were right. Technology isn’t just computers or TV’s, its engineering science. And in Science, our goal is to progress and understand everything there is to understand about us, our planet and beyond. However, the way we understand and experience this concept the most is that its just to make our lives much more efficient. When you look around, what do you see? Just at an intersection in downtown New York or Los Angeles, you see people walking around with cell phones and carrying around laptop cases, other’s just listening to music. But then the companies that build these types of technology want to make them better and more efficient. So they keep releasing new devices that are smaller and faster and mostly more costly. Technology has changed the way we as humans live; it changes our understanding of the way things work and changes the way we interact with one another. Technology was once opposed but is now somewhat welcomed into our homes. During the renaissance period, technology was opposed, as the church believed that technology would oppose the beliefs of god. Well they were right. Technology isn’t just computers or TV’s, its engineering science. And in Science, our goal is to progress and understand everything there is to understand about us, our planet and beyond. However, the way we understand and experience this concept the most is that its just to make our lives much more efficient. When you look around, what do you see? Just at an intersection in downtown New York or Los Angeles, you see people walking around with cell phones and carrying around laptop cases, other’s just listening to music. But then the companies that build these types of technology want to make them better and more efficient. So they keep releasing new devices that are smaller and faster and mostly more costly. Technology has changed the way we as humans live; it changes our understanding of the way things work and changes the way we interact with one another. Technology was once opposed but is now somewhat welcomed into our homes. During the renaissance period, technology was opposed, as the church believed that technology would oppose the beliefs of god. Well they  were right. Technology isn’t just computers or TV’s, its engineering science. And in Science, our goal is to progress and understand everything there is to understand about us, our planet and beyond. However, the way we understand and experience this concept the most is that its just to make our lives much more efficient. When you look around, what do you see? Just at an intersection in downtown New York or Los Angeles, you see people walking around with cell phones and carrying around laptop cases, other’s just listening to music. But then the companies that build these types of technology want to make t hem better and more efficient. So they keep releasing new devices that are smaller and faster and mostly more costly.

IT Systems Strategy Of A Company Essay Example | Topics and Well Written Essays - 1500 words

IT Systems Strategy Of A Company - Essay Example Current paper focuses on the IT systems strategy of Microsoft – a major competitor in the global application software industry; reference is made not to the parent firm, based in USA, but to its UK subsidiary; the current position of the firm towards its rivals is important (see also Table 1, Appendix); it seems that the IT strategy of the firm has helped towards the achievement of a stable growth; the key aspects of this strategy are presented and evaluated using appropriate theoretical framework – the PESTEL analysis. Microsoft Corporation is a global leader in the Software Application Industry; the firm entered the British market in 1982; currently the employees of the firm in UK are 1500. Since its establishment in Britain the firm has focused on the promotion of innovation in technology and the improvement of the technology available in education and in communities. In fact, as in other countries worldwide, Microsoft Corporation UK has helped the British government to improve the technology used in various social and economic activities – enhancing ‘the social and economic well-being of local population’ (Microsoft Corporation, Economic Empowerment). One of the key characteristics of the global market is the continuous increase of competition; firms that try to stabilize their performance and achieve a stable rate of growth need to continuously review their strategies; emphasis should be based on the IT systems involved in the various organizational operations. In firms that are heavily based on knowledge management specific measures should be taken; the firms that would be involved in such effort should meet the following requirements: ‘ a) to be proficient at skills and support infrastructure, to foster innovation and collaboration and to allow self-organization to emerge’ (Rud, 2009, p.38). When the organizational activities are expanded in different industrial sectors, the strategic planning

Child Obesity Research Paper Example | Topics and Well Written Essays - 750 words

Child Obesity - Research Paper Example In 2008, 35% people believed that obesity in children was a huge problem, while in 2009, that number increased to 45%. Childhood Obesity is a medical state that affects young children as well as adolescents. It is such a serious condition that some countries have declared it an epidemic that needs to be dealt with. Obesity in childhood is determined by age, weight and height; it occurs when a child’s weight is way above what is required for his/her height and age (Paxton, 2006). Obesity is a serious medical condition because it is a risk factor to many other conditions that were once only found in adults, For instance, increased blood pressure, high levels of cholesterol and diabetes. Other than these risks, obese children are more likely to have low self esteem that may lead to depression. Childhood obesity is preventable; the most recommended strategies are to improve diet by decreasing the intake of energy-dense foods that have high content of sugars and fat and increasing intake in minerals, vitamins and other micronutrients that are healthy. Obese children are likely to continue with the condition in adulthood and may lead to early death. Preventing obesity in childhood ensures better and quality health even in the future (Paxton, 2006). Obesity is a global problem and has posed a great public health challenge. It affects both the low and high income earners especially in urban settings. The prevalence of obesity is steady and increasing at a rate that has stunned health officials. Global statistics by the World Health Organization indicate that in 2010 over 42 million children below the age of five are overweight. A significant number of these children (about 35 million) live in the developing countries (Holecko, 2011). These statistics are alarming considering the risks associated with obesity. Obesity has been prioritized by many governments because of its risks and the fact that it is preventable. A recent study on childhood obesity found in Arc hives of Pediatric and Adolescent Medicine finds that 1 in every 5 children in preschool is obese with a BMI of 18 or more. The study also focused on the racial factor. Of the 8000 children included obese children were found in the following percentiles in the study 13% were Asian 16% were white,21 % were black,22% were Hispanic and 31% were American Indians(Holecko,2011). Physiologists have continued to research childhood obesity and have come up with a lot about its pathology. The prenatal stage marks the beginning of life and has an influence on obesity predisposition. If the fetus is exposed to some hormones in the womb, then it becomes predisposed to obesity. For instance, Neuropeptide Y is a hormone that controls gluttony. The diet of a pregnant woman also influences obesity in children. A mother who ate a diet low in saturated fats and rich in protein significantly improves the lipid profile of their baby. A baby whose mother was undernourished in pregnancy is at a risk of ob esity (James et al., 2004). Some children have a sedentary lifestyle, and this directly relates to obesity. Children are using their leisure activities on the computer and watching television. Lack of exercise means that, they cannot maintain the required body weight (Jimerson, 2009). Some curriculums have removed physical education from their programs, thereby denying children their primary source of physical exercise. Children develop habits between the age of

Leadership and Ethics in Business Essay Example | Topics and Well Written Essays - 750 words

Leadership and Ethics in Business - Essay Example For example, Coca Cola forced to stop its operations in the southernmost state of India; Kerala because of strong public protests against underwater exploitation by Coke. In 1999, the Hindustan Coca-Cola Beverages Private Limited, a subsidiary of the Atlanta based Coca-Cola company, established a plant in Plachimada, in the Palakkad district of Kerala, southern India. The Perumatty Village Council gave a licence to the company to commence production in 2000. Coca Cola drew around 510,000 litres of water each day from boreholes and open wells. For every 3.75 litres of water used by the plant, it produced one litre of product and a large amount of waste water. In April 2003, the Perumatty Grama Panchayat (Village Council) refused renewal of Coca-Cola’s licence to operate on the grounds that it was not in the public interest to renew the licence stating: â€Å"†¦the excessive exploitation of ground water by the Coca-Cola Company in Plachimada is causing acute drinking water scarcity in Perumatty Panchayat and nearby places†¦Ã¢â‚¬  (Case against Coca-Cola Kerala State: India, n.d.) . Coke forced to stop its operations in Kerala because of the agitations by the public against underwater exploitation. It should be noted that Kerala public is the most educated people in India. They know the consequences of unsustainable business practices. CEO’s who are reluctant in implementing sustainable business practices should learn from the coke’s experience in Kerala. Even uneducated people are aware of their rights nowadays. Another example from India shows the awareness of uneducated people with respect to unsustainable development. â€Å"Villagers around the Kudankulam nuclear plant in Tamil Nadu are intensifying their...In other words, business ethics is not a term which contains contradictory terms. The ethics followed in the business of one part of the world is applicable in other parts of the world as well. In fact business and ethics s hould go in parallel directions so that sustainable development becomes possible. Since all the decision making are done by the managers, they have the responsibility of taking ethical decisions. Managers should realize that â€Å"The economics should not be paramount to ethics in business; if anything, ethics should be paramount to economics† (Elm & Radin, 2012, p.314). Most of the newly appointed managers do not recognize the needs of ethics in business. One of the traditional beliefs about business is that profit making is the only objective of business. Managers should realize that such traditional beliefs and thoughts have no relevance in the modern business world. According to the modern business principles, ethics and sustainable business practices are the much needed qualities for a business to enjoy success in the current heavily competitive and globalized business world. Modern customers are more interested in rating the company’s image in terms of sustainable business practices before taking any purchasing decisions. Organizations with bad reputation in keeping ethical business habits may struggle to survive in the market. The Enron example is relevan t here.

Kalaipahoa, Poison God Essay Example | Topics and Well Written Essays - 500 words

Kalaipahoa, Poison God - Essay Example The tree from which the woodcarving came was called the Kalaipahoa tree and perhaps this is where the name of the Hawaiian god Kalaipahoa originated. Certainly, Kalaipahoa, Poison God is a work of art at least going by the principles and elements of art. Perhaps it is appropriate to start by mention the fact that the Hawaiians produced this piece of art in order to construct their identity when it came to worship and other religious issues. This meant that the people of Hawaii in used to worship their god in a unique way that no other ethnic group did. This was particularly so in the sense that the Hawaiians had a sense of identity in their god of poison while other tribes worshipped their gods in the mountains and the oceans. Additionally, the Hawaiians constructed their god with human hair thus they strategically essentialized themselves to survive their cultural identity and draw more powerful supernatural support since its style, iconography, and underline message conveyed such. When it comes to the background of the work, the Hawaiian woodcarvers constructed the pieces of art for religious purposes and they made sure that Kalaipahoa was carved out of the Kalaipahoa tree that was considered very poisonous to humans. Mainly, the tree was collected from Molokai Island before being transported to the woodcarvers. Essentially, the people of Hawaii were well versed with all kinds of poisonous trees and they put this knowledge into good use by utilizing it in wars and in worship. Although the Kalaipahoa tree was very famous for its medicinal value, its poisonous nature proved to be unbearable at times and could kill humans within seconds of inhalation or contact. Finally but equally important, it is worthy to note that Kameharnehas poison-god, who was also called Kalai-pahoa, was a female carved out of wood with human hair. Her facial expression depicted anguish with one eye shut whiles the other one wide open. She seemed to be looking at the

Gay Marriage and its Legalities Essay Example | Topics and Well Written Essays - 1000 words

Gay Marriage and its Legalities - Essay Example For proponents of the human rights issue, the matter would appear to be rather open and shut in terms of challenging constitutionality and this issue impacts decision-making at the social level, even if this practice is discouraged in the rule of law. This division seems to maintain the gay marriage and its constitutionality while this divisional approach exists. â€Å"Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here." (lawlib.state.ma.us, 2). In defense of those who uphold the constitution as a foundation on which to mold new social policy, leadership recognizes that policy on gay marriage stands and will remain defended providing there are no significant grounds on which to proclaim the act unconstitutional. Federal support for the program without claims of unconstitutionality put this issue much into state-level hands, with federal level support in the objective if the goal is to uphold this civil rights matter. The mid-tier court system that governs and shapes these policies is currently made up of very conservative judges and a blend of more liberal decision-makers (Chemerinsky, 3). Division at this level and lack of solid ground on which to claim opportunity for repealing federal policy halts the progress of ensuring adequate legal protection for gay marriage. Under this system, challenges to decisions made at the district level are put forward to the Supreme Court in the pursuit of discretionary review. In general, gay marriage will likely be decided at the highest levels of judicial scrutiny providing that a resolution (either for or against) is determined at the inferior levels of justice. States that allow gay marriage include California, though its momentum is continuously challenged.  

Discuss the potential role of omega-3 fatty acids in the treatment of Essay - 1

Discuss the potential role of omega-3 fatty acids in the treatment of inflammatory diseases - Essay Example Human beings require polyunsaturated fatty acids for survival. This may come in the form of Omega 3 or Omega 6. Omega 3 polyunsaturated fatty acid (PUFA) and Omega 6 fatty acids often compete with one another in the body even though Omega 3 has more beneficial health benefits than the latter. Most western diets contain more Omega 6 fatty acids than Omega 3. It is for this reason that when compared to their Eastern counterparts, Westerners have high incidences of inflammatory disorders. Eskimos have little to no reports of autoimmune and inflammation-related disorders owing to their omega 3- rich diet. The latter community consumes plenty of sea food, which is a reliable source of Omega 3. The western diet currently lacks stipulated levels of omega 3. Most of it is dominated by omega 6 in ratios of 15 to 1 instead of 1:1 (Simopoulos, 2006). Evolution necessitates a relatively high amount of omega 3 in the diet but commercial and cultural patterns contradict this pattern. Omega 3 works to reduce inflammation in the body through a series of actions. As a soon a person takes fish or eats fish, the EPA (Eicosapentaenoic acid- an Omega 3 PUFA) minimises the release of prostaglandin metabolites. It also reduces the level of strong platelet aggregators in the blood. This causes the minimisation of leukotreine, which induces inflammation in the body. Furthermore, the acid also works by increasing the level of weak platelet aggregators (Simopoulos, 2006). Once a person increases their consumption of fish oil, they tend to report decreased levels of cholesterol as well as low amounts of triglycerides. These confer anti-inflammatory benefits to the host. EPAs in the body work to replace omega 6 acid in all cells of the body. However, particular attention is given to liver cells, monocytes, erythrocytes, neutrophils and platelets. Cell

Welfare state and globalization Research Paper Example | Topics and Well Written Essays - 1250 words

Welfare state and globalization - Research Paper Example These traditional methods of social organization have now been dismantled by industrialization, which has put workers’ welfare at risk. Under this model, it is also assumed that the government has more resources because of the increased affluence brought on by industrialization processes, so the government can effectively perform the role of safeguarding its citizens’ welfare. On a larger scale, welfare systems may be regarded as a necessity of the openness of economic systems, which expose workers to external shocks thus causing governments to shield them from these shocks (Huber and Stephens 2). Alternatively, one may perceive welfare states as a reflection of state capabilities; some nations adopt comprehensive and all-encompassing welfare programs while others do not. These differences arise from the level of power dispersion in those countries as well as their capacities. Other than industrialism and state capacity, welfare systems can also be seen as manifestations of political or class struggles. In this school of thought, state policy is determined by the need to maintain a balance of power between capitalists and socialists. It is presumed that socialists mostly comprise of left wing party supporters and labor organizations; conversely, capitalists consist of right wing politicians as well as the government center. In some instances, left wing politics dominates politics thus putting right-wing advocates on the other end of the spectrum. In this theoretical school, a constant struggle exists between these two groups in the distribution of power. Capitalists want to e xtract as much output as they can from capital and labor while civil society wants to safeguard society’s interests; more often than not, these two entities clash, and a welfare system prevailed when the left outperforms the right. After examining how a welfare system comes about, it

Feminist or Gender Discrimination Essay Example for Free

Feminist or Gender Discrimination Essay Yes, of course feminist thinking is a facilitator in the field of woman and development because feminism is a movement a set of beliefs , that problematize gender inequality . feminist believe that women have been subordinated through men’s greater power variously expressed in different areas. They value women’s lives and concerns and work to improve women’s status and development. Feminism that means feminist thinking is a facilitator as it begins with an acknowledgement of women’s inequality oppression , subordination and need to change the situation and improve the quality of women’s life . It is also a movement against hieranchy , which goes the liberation of a sex , it contains the possibility of equal relations not only between women and men , but between men and men , women and women ,and even between adults and children ,(rowbotham,1985:214) To the widen implication of feminist thought is that it would eradicated domination and transform society . as it marks a commitment to recognizing society so that self-development of people can take place . Feminism entails an ethical and political commitment provides a social theory through which to understand and explain women’s lives and experiences . Feminism is useful in the field of women and development if we take into account feminist perspectives . According to feminist view that it aims to change a male dominated against society furthen see women’s subordination as resulting to from gender norms ,rather than biological sex and aim to change these narms , they focus on equal opportunities for women and men . women’s inequality is resulting from their inferior education . Marxist feminist asserts that capitalism , the current form of class society ,perpetuates the subordination of women by enforcing their economical dependence on men . there for main tool of Marxist feminist is class straggle and revolution which will bring about new production relation and emancipation of women . Radical feminist insist that women’s subordination primarily depends on partriarchy subordination is rooted in their biology ,that is their reproductive physiology hithout changing basic biological features emancipation was not possible . his implied that only a revolution in bio –technology would change women’s condition . Eco-feminism is the social movement that regard the oppression of women and nature as interconnected . it focused on that the women are the victim of environment desaradation .feminist theorist have extended their analysis to consider the interconnections between sexism the domination of nature , and also racism and social inequality . consequently it is now better understand as a movement working against the interconnected oppression of gender, race , class, and nature. If we go further extention of whether feminist thinking is a fecilitation or roadblock to woman and development . then can take emphasize on feminist methodology too. feminist methodology 1 feminist seek a methodology that will do the work of â€Å"excavation â€Å" that is shifting the focus of standard practice from men’s concerns in order to reveal the location and perspective of all women . the aim of much feminist research has been to bring women in that is to find what has been ignored ,censored and suppressed and to reveal both the diversity of actual women’s lives . Feminist methodology have searched for practices that will minimize harm to women and limit negative consequences . this focuses not onl on women , welfare bt also practical research strategis drawing on the work of grass roots and professional women’s organization . 3 feminists seek a methodology that will supported research of value to women , leading to social change or action beneficial to women. At last , after above all discussion we have come to the point that feminist thinking is ethical as well as useful in the development of women as modifying women’s problem is the process of development.

Surveillance Cameras And The Right To Privacy

Surveillance Cameras And The Right To Privacy With the rapid advancements in technology, video surveillance platforms have become a widely used method to enhance security in both the public and private settings. These systems act as a force multiplier and provide constant surveillance in areas that are difficult or impractical to do so by other means. Surveillance of public areas has become an area of concern for privacy advocates. While these systems have so far successfully navigated legal challenges, abuse or misuse of the systems can jeopardize the ability to continue their use. In the years following 9/11, a considerable investment has been made by federal, state, and local governments to increase security and protect the homeland. Areas that once were not given a second thought by law enforcement agencies are now considered high value targets. A key to maximizing law enforcements effectiveness to cope with the growing demand for service has been to increase their use of technology. Video surveillance systems are one way they have made investments that act as force multipliers and allow one operator to monitor multiple locations simultaneously, regardless of how remote or difficult to access the locations are. This increased need for surveillance has coincided with advancements in technology that have made the necessary equipment to operate a video surveillance system more available, functional, and at a lower cost. Government entities are not the only organizations tapping into this emerging technology, many private businesses are also installing surveilla nce cameras to protect their assets. It is difficult to argue with the benefits of employing these systems when you consider for a moment that it was a bank ATM camera that filmed Timothy McVeigh parking a Ryder truck outside Oklahoma Citys federal office building just before the April 1994 blast that killed 167 people. Had it not been for this critical evidence, the outcome of the investigation may have been very different. While there are certainly benefits to this enhanced level of safekeeping, some watchdog groups have cautioned that this security comes at a cost, but does the end result in fact justify the means. At one time in the not so distant past it was uncommon to see video surveillance being used at all with the exception of large shopping malls, banks, and other private businesses where large amounts of money or high valued property was found. It simply was not cost effective for smaller businesses to make the investment. However, with increased availability and decreased cost it is not uncommon to see these systems in place almost anywhere, to include small businesses, private homes, and even religious centers. The sophistication of modern surveillance platforms provides a higher quality, easier to use system. Video surveillance has always been a useful tool to document an event for use at a later time as evidence against the perpetrator of some act, but modern systems are intuitive and will not only record an event they can be programmed to activate certain real time triggers to sound alarms, alert the owner, and/or the police. Probably more than any other benefits, employing video surveillance security systems have filled an immense security void created by lacking human assets (Crean, 2002). Law enforcement agencies have never been able to be in all places at once so they employed staffing and patrol protocols that covered as much terrain as possible. The September 11, 2001 terrorist attacks, along with several other high profile incidents occurring here and abroad, have highlighted the fact that current public safety initiatives were unsatisfactory. Law enforcement agencies had to find ways to do more with their current levels of staffing. One solution was to employ an elaborate array of video surveillance systems as force multipliers. Examples of U.S. cities where this strategy has been employed are Chicago, New York, and Washington D.C. Chicagos public safety managers have access to a collection of approximately 15,000 publicly and privately owned cameras. It is estimated that from their operations center officials can monitor 232 square miles of Chicagos urban landscape. In New Yorks Times Square, an area no larger than about half a square mile, as many as 200 surveillance cameras are active at all times. Washington D.C. Metro Police may have them all beat. During a tour of their command center with CBS News reporter Erin Moriarty, D.C. Police Chief Charles Ramsey was asked about what officers were monitoring on several of the screens in the center. Ramsey explained they were observing a group of protestors at one of the local public buildings. When asked how many cameras they currently had observing the activities of the group, Chief Ramsey commented that they had twelve of their own, but had access to a practically unlimited number as a result of being able to tap into images being fed by an array of privately an d publically owned surveillance systems in the immediate vicinity (2010). These devices are accessible on demand via wireless routers and Internet connections. This on demand capability is not restricted to their command center. Field units, if equipped properly, also have the ability to remote access video surveillance images via a wireless connection. Technology has provided the ability to create this link to nearly any device capable of a Wi-Fi connection. Whether it be the laptop computer in an officers patrol car or the handheld PDA a precinct commander carries. The San Diego Police Department has taken this technology one step further and automated it (2010). Instead of merely providing on demand access to the assortment of public and private video surveillance systems in the city, they automatically make that real time information available to officers who are operating their laptop equipped police cruiser in the vicinity of the system. This video information is also available on demand at the police dispatch center. The benefits to this set up with respects to enhancing officer safety are incredible. Imagine the lone police officer responding to a commercial building alarm in the middle of the night. As soon as the dispatch center receives the call they would be alerted that a video surveillance system is available. Before the responding officer puts their vehicle in drive to go to the call, the dispatch center is already studying the location for signs of trouble. When the officer is within a few blocks of the business he receives a noti fication on his computer that the building has video uplink capabilities. Prior to arriving he pulls to the curb and in just a few seconds is able to view the real time surveillance video to familiarize himself with the buildings layout, potential hazards, signs of an actual crime in progress, or perhaps live video of the suspects fleeing the scene in their vehicle and heading directly at him (Crean, 2002). There is also a deterrent factor at play when overt video surveillance is in place. Cameras that are highly visible to the perpetrator can instill an enhanced fear of committing the crime because of the perceived likelihood of getting caught. If they do opt to commit the act, then having a properly monitored video system vastly increases the probability of being caught. Experts in this field of study have noted that even though the economy underwent a major recession in past years, the crime rates have not increased dramatically. In fact, some categories have made substantial decreases. This is notable as history tells us that when the economy is bad people become desperate and crime typically increases. More than one advocate of increased use of video surveillance has pointed out that as these systems became more prevalent the crime rates decreased (Osborn, 2006). Whether there is an actual link between the two remains to be seen, but the speculative evidence is very interesting. Just as there are those who preach the benefits of employing video surveillance systems, there are certainly those who argue just as vehemently against its use. Probably the single greatest concern voiced is the invasion of privacy that goes along with this type of surveillance. Generally speaking, if the video monitoring is taking place anywhere that is open to the public then it does not constitute an invasion of privacy. As with most general rules, it is not always that simple. Watchdog organizations have argued that the use of covert cameras is an invasion of privacy since the cameras cannot be detected (The Constitution Project, 2007). In other words, if the public is not made aware they are being filmed than their privacy rights have been violated. Because of the proliferation of these systems, adequate notifications would be a nearly impossible goal to attain. Cities like Washington D.C. would probably need to put signs at the city limits on all major thoroughfares that securi ty cameras are in use in the city and you are subject to being captured by one of these systems at all times. Certainly not very practical. This begs the question, are these privacy concerns without basis? Consider for a moment the hypothetical situation presented by Angelo Pompano of the Yale-New Haven Teachers Institute: On a typical day you wake up and walk out to your mailbox. A neighbors private security camera is trained on his driveway across the street and picks you up. Later, you drive to work and when you get to the light on the corner, a video camera is watching to see if you went through a red signal. You stop off at an ATM and you are taped. You go into the 7-Eleven-taped; pump gas- taped; get on the interstate and the traffic control cameras are focused on you. You get to work and the camera in the parking lot follows you into the building. Then you finally get you your desk and once more you are monitored (2010). As Mr. Pompano points out, on the average day by 8:15 AM you have already been captured on video surveillance a dozen times. This is only the video we know about. This report will not touch on the clandestine surveillance being undertaken by the government at all times. Im not saying I agree with Pompanos opinion that this is a bad thing, but it is a reality. A second concern that is frequently raised is the potential that video surveillance recording will be misused by the organization that captures them. Critics point out that it is difficult to control how the data from video surveillance because cameras are so easily attainable and the technology is so advanced that nearly anyone could manipulate it for unethical purposes. As with any technological advancement, there will be those that find ways to abuse it. Take for example a number of incidents highlighted by the American Civil Liberties Union (ACLU) in their article Whats Wrong With Public Video Surveillance? (2002). The general manager of a prominent Florida newspaper installed a hidden video camera in the employees bathroom under the guise of eliminating employee theft. The problem lies in the fact that when confronted with the cameras placement the manager could not document any thefts that had occurred. Or the management at Bostons Sheraton Hotel covertly recording its employee s changing clothes in a locker room on the pretext that it was investigating suspected drug use by its workers. Or the JC Penney security guard in Concord, California, that was caught showing off recordings during which he zoomed in on female customers breasts as they walked around the store. Needless to say, there is certainly room for abuse. However, the claim by those opposed to video surveillance that there is no way to control this type of abuse is unfounded. Each of the situations described here exposed the responsible person and/or their employing organization to both criminal and civil penalties. Laws to curb this type of infraction are already on the books and are capable of dealing with these infractions when discovered. Opponents might say that this type of illegal activity is difficult to detect so we should ban this type of surveillance. I would submit that this logic is akin to banning automobile use because driving under the influence is a difficult crime to detect an d prevent. The argument simply does not make practical sense. When holes are found in the current laws that new technologies take advantage of, our legislatures have been quick to respond with new laws and practices. Legislation has been presented at both state and federal levels that would restrict the use of public video surveillance, but many of these proposed changes have been stricken down. The courts and legislatures have made it clear that this type of surveillance in areas commonly open to the public and conducted for public safety purposes are neither illegal nor unconstitutional (USLegal, Inc., 2010). Where these systems do find trouble with the Constitution is when they find themselves pointed into a private dwelling or other place protected by the search and seizure doctrines of the Fourth Amendment. The United States Supreme Court has decided a number of privacy rights cases, but most critical to the concept of video surveillance is seen in Katz v. United States (1967). The court ruled there is no expectation of privacy in a public place. They confirmed the limits of Fourth Amendment protections against an illegal search did not apply in areas that a person lacked this expectation of privacy. In Katz the court ruled, What a person knowingly exposes to the public, is not a subject of Fourth Amendment protection, but what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected. As such, a person in a public place does not have a reasonable expectation of privacy from video surveillance cameras. As for the general publics perception of the legitimacy of utilizing video surveillance technology to monitor their daily lives, most have recognized it as a necessary reduction in their privacy to combat todays threat of violent crime and terrorism. Most accept the loss of some personal freedom for a feeling of security. Video surveillance by law enforcement agencies in public places is accepted by most as a minimally invasive measure implemented for the well being of the public. As highlighted in the Pompano article, Although (citizens) may not be happy with the use of the video surveillance equipment to catch them as they go through a red light, few people will argue with the reasoning that video cameras promote safety (2010). Most law enforcement agencies will tell you there is no replacement for having cops on the beat when it comes to fighting crime, but the police cannot be everywhere at all times. With the technology advancements made in video surveillance systems and capabil ities now they dont have to be.

Frogs :: essays research papers

Frogs are amphibians in the order Anura. The order Anura is broken down into 22 different families of frogs and toads. Although they belong to the same order, frogs and toads are different in a lot of ways. Some of the more distinct differences are their skin and where they live. Frogs usually have smooth moist skin and toads usually have dry watery looking skin. Frogs spend most of their lives in or near water and toads spend more time on land. Amphibian means "double life." Frogs and toads each have two parts to their lives: when they live on water and when they live land. A frog's life starts in the water when it is hatched from an egg as a tadpole. A tadpole looks very different from an adult frog. A tadpole has a tail, no limbs, and breathes through gills. After a while the tadpole goes through metamorphosis. During the change the frog grows limbs, the tail disappears, it uses lungs to breathe, and it doesn't have to live in water anymore. As a tadpole, the frog feeds mostly on vegetation. The tadpoles have a small rasping mouth suited especially for scraping algea from the bottom of ponds. Depending on the species, it can take a few weeks to a year or more for the tadpoles to become fully grown. Not all frogs hatch as tadpoles. Some species of frogs hatch as froglets. Froglets look just like adult frogs but are a lot smaller. Froglets don't go through a metamophosis. Most species that hatch as froglets are found in dry places. Frogs who live in dry places where rains are seasonal have to grow up quickly because a tadpole will die if their temporary pond dries up. Adult frogs can live in water or on land, but it always needs to be near water so its respiratory organs don't dry out.

Drug Use Essay -- essays research papers

Trends in drug use among youth are indirectly attributable to trends in society. Although drugs have always been around in one form or another, their early influences on society trace back to just before the 1930’s. Marijuana was a popular drug among Mexican laborers, jazz musicians, and so-called beatniks. Then after major social changes that took place in 1930, "The government cracked down on marijuana use." "In 1937, the Marijuana Tax Act†¦made the use and sale of marijuana without a tax stamp federal offenses. This unprecedented event prompted law enforcement officers to arrest recreational users. Some observers speculate that passage of the law resulted from strong anti-Mexican sentiment in the Southwest and from the political power of federal Commissioner of Narcotics Harry Anslinger, who reigned from 1930-1962 and was strongly anti-drugs." ( Glazer ? ) Thirty years later a counter culture emerged with strong anti-war sentiments and a disdain for establishment. The 1960’s were a time of sweeping change and events such as the Vietnam war had caused many young Americans to lose faith in authority. "’Grass’ became an emblem of a generation challenging grownups’ political and social conventions. Marijuana cigarettes, or joints, were widely used at demonstrations protesting the Vietnam War and at the seminal Woodstock music festival." ( Glazer ? ). The revolution would be televised. With youth drug culture becoming widespread and g...

Use Of Paralanguage And Kinesics In Everyday Life Essay -- essays rese

Use of Paralanguage and Kinesics in Everyday Life The use of kinesics and paralanguage in everyday life is the most prominent use of persuasion we use subconsciously. They are used subconsciously because you may not know what they mean. Which can cause cultural tension if you do something that may seem harmless to you but may be a great insult to another culture. Paralanguage has many forms such as whistling which can be used by many people as a means of entertaining by whistling a song or even in American culture used to hound women on the streets because they appear to be attractive. These two uses of persuasion I will discuss about in my paper. I will discuss the history of both and also how they are used today in everyday life. To start of with I will define kinesics. Kinesics is articulation of the body, or movement resulting from muscular and skeletal shift. This includes all actions, physical or physiological, automatic reflexes, posture, facial expressions, gestures, and other body movements. Body language, body idiom, gesture language, organ language and kinesic acts are just some terms used to depict kinesics. In ways that body language works in nonverbal acts, body language parallels paralanguage. Kinesic acts may substitute for language, accompany it, or modify it. Kinesic acts may be lexical or informative and directive in nature, or they may be emotive or empathic movements. Posture is one of the components of kinesics. Posture is broken down into three basic positions: bent knees, lying down, and standing. Artists and mimes have always been aware of the range of communication possible through body stance. But there are some cultural differences in posture positions. Most people use the bent knee position to eat, but while the Romans used to eat lying down. Prince Peter of Greece and Denmark described the sleeping posture of the Tibetans before World War II. He said that the local men slept outside at night huddled around the fire, hunched over on their knees with their faces resting in their palms. In 1932, William James did a study of expression of bodily posture. He recognized the relationship of facial expression, gesture, and posture. He declared that studying each one independently was justified for the purpose of analysis, but they should be re... ...ell, and variations of it as expressed by the scream, shout, roar, howl, bellow, squeal, holler, shriek, or screech, are effective non-speech communications, difficult to describe technically, and almost impossible to duplicate the effect of in other kinds of communication media. The Confederate Yell, during the Civil War, was a ulant yell that was the signal for the Confederate troops to charge at the enemies. The use of paralanguage in today's society is very prominent. We use paralanguage with children when we tell them to be quiet by saying "shush." If we see something disgusting we can make a gagging sound which shows disapproval. We also use kinesics today a lot too. We use the "O.K." sign to signal that everything is fine. We even have body language for vulgar words that many people today seem to use a lot. The study of these two topics can help a lot in understanding what people are really saying in today's society. Without the understanding of kinesics or paralanguage we would not be able to help bridge the gap between certain cultures or even each other. We need these two non- -verbal communication techniques to survive.

Missouri Compromise 1820 Essay

Northerners finally were receiving the outcome that they had wished for with slavery slowly declining at the end of the 18th century. Southern economilcal dependancy on slavery was slowly withering away due to the Act of 1808, stating that by that time slavery would not be allowed. Due to this Southerners were forced to change their means of production and the use of slaves. When the 19th century arrived it brought the invention of the Cotton Gin. This invention, created by Eli Whitney, assisted in speeding the picking of cotton by removing the seed. The only flaw in this was that it relied on even more unskilled labor. Slaves were found perfect for the handlying of this machine: it was easy to manufactor and as easy to work.. From this, Southerners found it now more than ever nessesary to hault the abolition of slavery do to the economic prosperity that lied ahead because of the Cotton Gin. In Southern eyes, slavery was a better choice than free labor. IN the case of using free labor Southerners couldn’t be totally dependent on the person because they might demand things such as higher wages. If free laborors were refused what they asked, Southerners faced the risk of them stop working. Because you owned a slave Southerners would never have to worry about such a situation. This threat of prolonging slavery enabled the major conflict between The North and South arise. The Southern view of this conflict was that due to the economical advantages that slavery rbought and the economical disadvantages that an abolition with bring to the states, that the issue of slavery should be considered â€Å"a nessasary evil†. Not only this, but some even believed that slavery was doing blacks a favor. They believed that even in Africa balcks had owners, that they are always fed, and are treated better as slaves then they would be as free blacks. Northerners disreguarded any attempt in justifying such a matter and stood by there point that slavery was not right. Northern abolishnists fought back and said that slavery went again the fundamental priciple on which America was built on; Equality and freeddon. Not only immoral and sinful but went again the Declaration of Independece which clearly states that â€Å"all men were created equal† with no exceptions. The North’s morality and Souths Economic self-interest, and both sides refusal to compromise left the issue in a stalemate. By the North fueling the fire with such articles like The Liberator, inspiring slaves to revolt, and other abolitionist moves, the North forced the south to fight back in order to protect themselved from future revolts and incidence fueled by enraged slaves. The Missouri Compromise made the divide between the North and the South more evident that it had ever been. This compromised, proposed by Henry Clay, declared that Missouri would enter the union as a slave state, but every other state that was North of the Ohio river and Mason-Dixon line. Though this did stop slavery it gradually decreased it. In additon to this another factor was the that all states would be admitted into the union in pairs in order to balance the slave states as well as the free states. Still enraged, Northerners demanded the instant abolishment owed to the moral breach that slavery incompassed. They believed that slaves were being treated and stripped of there rights as a humane being. In American Slavery As It Is the author, Theodore Weld, describes his view on how it â€Å"really is† for the slaves of the south and the treatment they are force to endure by their slaveowners. â€Å"†¦That their ears are often cut off, their eyes knocked out, their bones broken, their flesh branded with red-hot irons; that they are maimed, mutilated and burned to death over slow fires†¦that self interest would prompt them to treat their slaved with kindness†¦Ã¢â‚¬  By writing such things, Weld just encouraged abolitionists to fight harder and harder for their cause. Such cases as the ones he mention cant be said never happened but are surely rare if so. Due to the tone in writng that is used though, wel makes his words harsh and strong which justly, the Southerners take their place to fight back at. In actuality most southerners were not as Weld describe because they realized that the better you treated a slave and healthier it was the more work that it could accomplish for you. Not only this, but due to the harsh rigid tone of his words, Weld, gives whoever is reading this no option towards working out some sort of compromise between North and South but i nstead just relies on getting things done. Abolitionist works, such as The Liberato,r aided in aggravating the South. William Loyd Garrison’s The Liberator, was printed as a Boston proabolitionist newspaper in which Garrison referrs to Southerners to being sinners and that slaves should do anything to get out of the miserable situation that they are in, even if that means blacks revolting against their. He as well brings up the issue of blacks being equals with whites. : Assenting to the â€Å"self-evident truth, and endowed by their Creator with certain enalienable rights-among which are life, liberty, and persuit of happiness.† Garrison, here, clearly explicates how by having slaves not be free we are going against everything that the declaration stands for and represents. Some say that Garrison’s The Liberator might have even sparked the rebellion led by Nat Turner in which Turner gathers up a group of slaves and killed over fifty white southerners. Southerners were so fearful of more rebellion that it led them to create even harsher rules for slaves. In Federick Douglass’ Independence Day Speech at Rochester Douglass writes of how white southerners are fearful of blacks and that is the reason why there are such harsh laws against them reading and writing. â€Å"What is this but the awknowledgment that the slave is amoral, itellectual, and responsible being?† Douglass’s Articular only further depicts that Southerners were in fear or the capability that blacks would have if they were learned. By keeping slaves ignorant they prevented slaves from reading such abolitionist articles which could fuel an angry mob. Due to a fear of angry mobs and revolts Southerners were foreced to lay stricter rules as Civil Codes and the restriction on abolitionist literature. In Thomas Dew’s Review of the Debate in the Virginia Legislature Dew discusses how the white race and black race could never coencide because if blacks were free there would just be an array of massacres led by angry blacks. Southerners Spent more time on the issue of protecting themselved from a threat of slave rebellions due to abolitionsit literature sparking rebellions than any other matter. In George Fitzhugh’s Slavery Justified he discusses further on the matter of slave rebellions and how if black werent slaves their anger would just lead to more crimes and violent incidencs. In the matter of slave abuse he stats that its ridiculous; â€Å"His feeling for his slave never permits him to stint him in old age. The slaves are all well fed, well clas, have plenty of fuel, and are happy.† In response to the accusation of slave owners abusing their slaves, other Southerners replied by saying that incidents such as the ones which Weld discusses are isolated and uncommon. In fact it most cases it is the opposite of circumstances. In Solon Robinson’s De Bow’s Review Robinson takes the opposite stance that Weld takes and says on the contrary that slave owners would never do such abuse to there slaves because they were too valuable to them. Robinson says † The Two things that are most despised and hated in the South are masters that abuse and starve and ill-treat their slaves, and abolistionists, who sieze upon every isolated case of the kind†¦Ã¢â‚¬  As stated before, abolitionist kept on exagerateing the slave situation in order to attempt to speed up the process of getting rid of slavery when they were only furthering it because of Southerners needing to defend themselves against false accusations. Finally besides the matter of slave abuse and the morality of the situation, the South argues that due to the mass production of cotton that slaves help produce, if we abolish slavery America would be in an economic crisis. Because of the low production of cotton that there would be after an emacipation, labor woul be inconsistent, because free workers would be inconsistent and require more and we wouldn’t be able to forfill our internation al demand for cotton. In William Harper’s Source Problems in the United States History Harper says â€Å"†¦The cultivation of the grat crops cannot be carried on in any portion of our own country where there are no slaves†¦And what would be the eefect of putting an end to the cultivation†¦annihilating,at a blow,two thrids or three fourths of our foreign commerce?†¦Ã¢â‚¬  From this we can see that slavery was no easy matter and that it too more economic thinking to get rid of Slaves. Perhaps more than the North thought. Though both the South and the North make legitimate reason for their not wanting or wanting the emancipation of slaves, it seems that due to the North the process or reaching compromise was delayed unneccesarily. Instead of thinking about the economical blow emancipation would cause the North ruthlessly kept attacking the South’s morality. The South realized that without slaves for a bit longer they wouldn’t be able to make a full economic recovery once emancipation was inacted. But because of the attacks and harsh literature being published by abolitionists, the South spent more time in trying to protect themselves from slaves getting ideas from these works than trying to figure out a plan to resolve the issue with the North. It seems as if the issue could have been quickend if the North hadnt made such quick and damaging attacks.

Advantages of Being Bilingual – Short Essay

Advantages of Being Bilingual Being able to speak two different languages is one of the best abilities to have in todays world. Especially living in the United States, which is such a diverse country, it really does come in handy. Benefits of being diverse in languages are that you have a greater change of getting that job that's extremely competitive, and you'll have a wider range of culturalism in your life. As someone who is bilingual, I can say that I have experienced certain advantages. Such as having a better ear for listening, and having a more positive growth for thinking.The workforce today as we know it is extremely competitive. Bilingual constestants have the automatically have the upperhand towards other competitors. Other contestants you may be dealing with for jobs range with people that contain different skills, and types of experience. For instance, if someone has a couple years on you of experience in a job that deals with tourism, than chances are they are looking f or people who can interact with more potential customers. Living in Orlando, Florida, one of the most popular places for tourism, being bilingual is a great advantage.There are job opportunities such as theme parks, and other tourist attractions that require bilingual employees. While switching on and off with your two languages, you are sure to have experienced much culturalism in your life. Opporunities arise such as making new friends, and even conversate with them on a wider range of topics. You have a certain bond with them, that you wouldn't normally have with someone who was limited to one language. Even visiting other countries who's main language isn't English can be more enjoyable. For instance, whenver I visit Puerto Rico, I have the opporunity to convert with locals and family.

Canadian Blood Services

Company Environment The company Customers Competitors Regulatory Situation Global Environment Major developments and general industry Trends Opportunities and threats Marketing Strategies Mission and Corporate Values Objectives Strategies Marketing Functions Product Price Promotion Place Analysis and Suggestions M analysis G analysis Conclusion Bibliography Appendix Global Environment Major Developments General Industry Trends According to a survey conducted by the Pet Products Manufacturer Association, more than 71. 1 million or 63% of U. S. ouseholds have a pet. (Gundersen, 2008) The pet food market has proven to be a very attractive market, according to the 2009-2010 American Pet Products Association, it is estimated that US$47. 7 billion was spent on pets in the US in 2010, with US$18. 28 billion being spent on pet food alone. The strong spending comes amid price increases in nearly every pet food category, the result of rising costs of fuel, ingredients and transportation for ma nufacturers. (Taylor, 2010) Opportunities: One of the biggest advantages NPP has is that it is a subsidiary of Nestle.What this means is that NPP can rely on the substantial and large funds of its parent company in order to expand its line of products, do some more aggressive marketing and pricing and have a cushion to fall back on in case of having sales decrease. The second great opportunity for NPP is the fact that pet owners are seeking for more luxurious products for their pets and they’re getting greater interest in what they feed their pets with. What this means is that the pet food market is expanding rapidly, especially in North America. According to a survey conducted by the Pet Products Manufacturer Association showed that in the U.S. more than half of the households have at least one pet in their houselod. (Gundersen, 2008) Threats: As in any business, one of the biggest threats is having numerous competitors; this is a big concern to NPP considering that they are not the leading company in the pet food industry. Not only NPP has to compete against the already established big pet care companies but there is a trend that all major pet care retailers are starting their own line of products. Having all these product lines and competitors only mean lower sales as more consumers decide to switch brands.Although North America is a well-established and growing market for pet care products, there are some other markets where customers are not well educated about the products and this may be an obstacle. An example provided by the Datamonitor report about NPP gives an example of owners believing home meals are more nutritious for their pets than commercially prepared food for pets. This is a common misbelief in emerging markets. Company environment The Company: The company we decided to research is Nestle. Nestle is currently the largest food and beverage company in the world.This company has a wide range of products such as milk based products, ice creams, prepared dishes and pharmaceutical products as of beverages. Its top brands or the ones that contribute the most to the company are Nestle, Nespresso, Maggi, KitKat, Purina and Friskies among others. Nestle is a Switzerland based company that was surged back in 1866, when the first European condensed milk factory was opened in Cham, Switzerland, by the Anglo-Swiss Condensed Milk Company. One year later, Henri Nestle, a trained pharmacist, launched one of the world’s first prepared infant cereals ‘Farine lactee’ in Vevey, Switzerland.The two companies merged in 1905 to become the Nestle  you know today, with  headquarters  still  based in the  Swiss town of Vevey. The company is currently employing over 328 000 employees worldwide and has factories or operations in almost every country in the world. For the purpose of the marketing review, we decided to talk specifically of one of the many brands that Nestle owns, being this â€Å"Nestle Purina PetCare Company† or NPP. This subsidiary is one of the most influential brands of Nestle and its main focus and line of products rely on the manufacturing of pet food products.The headquarters for this branch of Nestle are located in St. Louis, Missouri in the United States of America. Customers: Nestle Purina PetCare Company operates in North America, Asia Pacific, Europe, Central America and South Africa, what this means is that NPP is able to reach several different markets around the world and a great deal of possible consumers. Competitors: Considering Nestle Purina PetCare operates on a global market, it also has several competitors. Some of its strongest competitors are Mars Inc, Colgate-Palmolive Co. and Procter & Gamble Co. Their main competitor is Mars Inc. hich is the only company that has been able to surpass Nestle in pet food sales; having sold approximately US$13. 3 Billion compared Nestle’s US$12. 9 Billion. Regulatory Situation: The pet food industry is heavily regulated by agencies such as the Food and Drug Administration (FDA), United States Department of Agriculture (USDA) and the Association of American Feed Control Officials (AAFCO) in the case of the United States. However, all Purina’s North America facilities have on-site quality assurance laboratories and staff. One of the means by which Purina try to maintain its quality standards is by having 99% of the roducts sold in North America manufactured at Purina-owned U. S. manufacturing facilities. Also, Purina ingredient sourcing and processing meets or exceeds all the regulations implemented by the agencies mentioned above. Distribution/Sales Channels Nestle Purina Petcare uses a multichannel distribution approach in order to make it easier for consumers to get their product. One example and, for some the most convenient, is purchasing their products through Purina’s website. Customers avoid any sort of middleman and they get the product delivered directly to their front door.This is an example of direct distribution, which is having the manufacturer dealing directly with the consumer. On the other hand, NPP also uses an indirect distribution approach which consists in having one or more intermediaries work with manufacturers to provide goods and services to consumers. This is the most common way by which people purchase products as it is the case when consumers go to retailers to buy a product that the retailer bought from the manufacturer. In other words, when a consumer goes to their local grocery shop and they buy Purina products, they are purchasing through indirect distribution. Grewal, 2012) General Strategy Business Mission: Nestle's mission is to satisfy each customer needs by offering and selling high quality food, worrying about nutrition and health of their customers to provide good food for good life. â€Å"At Nestle, we believe that research can help us make better food so that people live a better life. Good Food is the p rimary source of Good Health throughout life. † (Nestle, 2012) â€Å"Nestle’s objectives are to be recognized as the world leader in Nutrition, Health and Wellness, trusted by all its stakeholders, and to be the reference for financial performance in its industry. † (Nestle, 2012) Corporate valueNestle is focused on certain values within the company that make them unique in the global market. They are focused on health, wellness and nutrition of each customer through every product but it is also important the security and safety of each product has high quality. Moreover, it is also important to note that in Nestle is always looking to have open communication with clients and they respect the privacy of them. (Nestle, 2012) In organization is important to respect human rights within and outside the organization but Nestle is not only worry to respect human rights but also the environment in which employees are in this company.It also is important to prevent acci dents, injuries and illnesses within the company, which Nestle has a document that explains each of the regulations of health and safety policies. (Nestle, 2012) The relationships between the company and suppliers are very important which is why Nestle has a code of suppliers which explain how have to the relationships, always demonstrating honesty and respect between them. (Nestle, 2012) Nestle will help rural communities and farmers to obtain a production system that cares about the environment.It is also important use products that are friendly to the environment, as well as the conscious use of water that is necessary and vital to every human being. (Nestle, 2012) Objectives (short and long term) * â€Å"Be recognised as the world leader in Nutrition, Health and Wellness, trusted by all its stakeholders, and to be the reference for financial performance in its industry†. (Nestle, 2012) * Provide a safe environment and social responsibility. * Understand local and global n eed. â€Å"Achieve leadership and earn that trust by satisfying the expectations of consumers† (Nestle, 2012) and create close and long relationship between their brand and customer. * â€Å"We are investing for the future to ensure the financial and environmental sustainability of our actions and operations: in capacity, in technologies, in capabilities, in people, in brands, in R;D. † (Nestle, 2012) * Make sure that they can satisfy future generation and ensure that they will have â€Å"profitable growth year after year†. (Nestle, 2012) Marketing strategies * Competitive advantages:In order to gain a competitive advantage is important to have product or brands that can differentiate from others, also be in everywhere so that people feel identified with the product. For Nestle, culture, values and attitudes of individuals are important to determining what their needs are; they try to offer unique products in each geographic point where customer are. (Netle, 20 12) * Growth drivers: Today people are more conscious about having good food and nutrition, plus a healthy life. Nestle is focused on these areas which make them to have a large market. [Everything] we do is driven by our Nutrition, Health and Wellness agenda, Good Food, Good Life, which seeks to offer consumers products with the best nutritional profile in their categories† (Nestle, 2012) * Operational pillars: Innovation is always important in any business; people are always looking for change and find better products. Nestle is always looking to innovate and renew each of their products in order to engage their customers and stay in the market; offering products that are unique and makes them different than the competition.It is also important make the process most efficient from the product development to delivery of the consumer (Nestle, 2012) Marketing functions: Product and services Nestle Purina Petcare has a wide line of different pet food products. They have speciali zed food and treats for both dogs and for cats. Among the products designed for dogs they have a wide variety of products, which classified as of Purnia’s website are: Adult Dogs, Puppy Food, Senior Food, Targeted Dog Nutrition, Dog Treat and Dog Litter and Training Pads.Among all these categories they offer 28 different products that are sold under different labels. On the other hand, their cat oriented products are classified as: Adult Cat Food, Kitten Food, Senior Cat Food, Targeted Cat Nutrition, Cat Treats and Cat Litter. On their cat food line of products, they offer 24 different products and all of these are sold under different labels. Purina offers over 50 different products for both dogs and cats and these are sold under 20 different labels.This is one of the reasons why Purina has been able to dominate in this market, as it has been able to give an option for almost every single kind of need that customers may have due to their wide variety of products. Pricing Con sidering the pet food industry is a very competitive market, NPP has been forced to change its pricing strategies to adapt to the market. Currently, NPP uses a competitor based pricing method that an approach that attempts to reflect how the firm wants consumers to interpret its products relative to the competitors’ offerings. text book citation) The biggest problem with keeping up with competitive prices is that it prevents companies to increase prices and its revenue is also decreased as they have to make greater investments in advertising which increase costs and therefore decrease revenue as well. Distribution activities Nestle Purina Petcare uses a multichannel distribution approach in order to make it easier for consumers to get their product. One example and, for some the most convenient, is purchasing their products through Purina’s website.Customers avoid any sort of middleman and they get the product delivered directly to their front door. This is an example of direct distribution, which is having the manufacturer dealing directly with the consumer. On the other hand, NPP also uses an indirect distribution approach which consists in having one or more intermediaries work with manufacturers to provide goods and services to consumers. This is the most common way by which people purchase products as it is the case when consumers go to retailers to buy a product that the retailer bought from the manufacturer.In other words, when a consumer goes to their local grocery shop and they buy Purina products, they are purchasing through indirect distribution. (Grewal, 2012) Promotion activities Coupons are largely used by NPP and its competitors in order to increase sales. Coupons provide a stated discount to consumers on the final selling price of a specific item; the retailer handles the discounts. (Grewal, 2012) Your Analysis and Suggestions Appendix: Example of the company’s promotion Research Material References: http://www. petfoodindu stry. com/6371. html Taylor 2010 http://www. estlepurina. com/History. aspx PURINA HISTORY http://www. purina. com/coupons-and-offers/couponsandoffers. aspx COUPONS AND ETC http://www. purina. com/commitment-to-quality/commitmenttoquality. aspx REGULATIONS http://www. linkedin. com/company/nestle-purina LINKEDIN PROFILE Gundersen, R. (2008). A Growing Trend: Pet Owners Who Include Animals in Their Estate Planning. Journal Of Financial Service Professionals, 62(4), 70-76. http://saveonfoods. gsnrecipes. com/Shop/WeeklyAd. aspx promotion Nestle. (2012). Nestle good food, good life. Retrieved from http://www. nestle. com/AboutUs

Company Law

BT20403/Company Law Business Entities: Company Law Topics covered: Types of Company Formation of a company; †¢ Promoters Pre-Incorporation Contract †¢ Memorandum and Articles of Association Inconsistency between the object and the company’s activities Upon incorporation: †¢ Company is an artificial legal person †¢ Separate legal entity Lifting the corporate veil scs&ismk/company law CONT. 2 The Effect of Incorporation †¢ Memorandum of Association & Articles of Directors’ duties and liabilities association †¢ Common law & statutory †¢ Termination †¢ Limited Liability Winding up Doctrine of Ultra Vires Pre-Incorporation Contract Directors’ duties and liabilities scs&ismk/company law 3 In Malaysia, the law relating to companies are governed by the Companies Act 1965 (CA 1965). scs&ismk/company law 4 The word company or corporation is defined under s. 4(1) CA: Besides the CA 1965, other relevant legislations are the Capital Markets Act 2007, the Securities Commission Act 1993 and the Companies Commission of Malaysia Act 2001. â€Å"company† means a company incorporated pursuant to this Act or pursuant to any corresponding previous enactment; Although company law in Malaysia is based mainly on CA 1965, there are key areas of company law hich are based on judicial precedents. â€Å"corporation† means any body corporate formed or incorporated or existing within Malaysia or outside Malaysia. A company or corporation is a legal association of people who combine to finance a business. scs&ismk/company law 5 scs&ismk/company law 6 1 BT20403/Company Law A company with share capital is a private co mpany if its M&A provides: s. 15(1) S. 14(2) S. 14(2) CA 1965 provides the classification of companies: †¢ restricts the right to transfer shares; †¢ Limits the number of members to not more than 50; †¢ Prohibits any invitation to public to subscribe any of Type of companies he company’s shares or debentures; †¢ Prohibits any invitation to public to deposit money Limited by shares Limited by guarantee with the company Unlimited liability A public company is a company other than a private company refer s. 4(1) for definition Limited by both shares and guarantee scs&ismk/company law †¦cont 7 Obtain approval for the proposed name; Lodge certain documents with SSM (Suruhanjaya Syarikat Malaysia/ Companies Commission Malaysia (CCM) ) including: – Defines the essential company’s structure †¢ †¢ †¢ †¢ Memorandum and Articles of Association; Statutory declaration by promoters and directors; Particulars of directors and registered office; Declaration of compliance; Statement of the allotment of shares of the Name of the company Company’s equity Company’s liability Object of the company scs&ismk/company law 9 10 Each company must have its object. Alteration of the general provisions of the Memorandum of Association to the extent and manner provided by the CA – s. 21. The objects are stated in the Memorandum of Association. The company may, by special resolution, alter the memorandum by altering or by deleting, the provision, unless the memorandum itself prohibits the alteration or deletion of that rovision – s. 21A. scs&ismk/company law components 8 3rd party who deals with the company may refer to the company’s M&A which is deposited with CCM. Pay the registration fees scs&ismk/company law scs&ismk/company law The purpose: †¢ To define and limit the activities of the company. †¢ If there is discrepancy between the object and i ts activities, thus such transaction is ultra vires and void. 11 scs&ismk/company law 12 2 BT20403/Company Law By virtue of s. 28(1) CA, the company may alter the provision of its memorandum with respect to the objects of the company. If company’s activities inconsistent with the object, Refer to Ashbury Railway Carriage & Iron Ltd v Riche (1875) Common law position – such ultra activities are ultra vires hence void and unenforceable. It cannot be ratified. Alteration can only be done by special resolution at the General Meeting. Statutory provision s. 20 Companies Act 1965 – such transactions are valid. scs&ismk/company law 13 scs&ismk/company law 14 Alteration of the general provisions of the Articles of Association by special resolution s. 31 CA A set of regulations for internal management of the company. Option: The company may: – adopts Table A, Fourth Schedule of the CA 1965 – (s. 30); excludes Table A, Fourth Schedule of the CA 1965;  œ creates its own AA, yet does not exclude the application of Table A, Fourth Schedule of the CA 1965, thus Table A will be applicable in the event of any lacunae. scs&ismk/company law 15 scs&ismk/company law It is a binding contract between the company and its members; – Hickman v Kent Sheep Breeders Assoc (1876) – Eley v Positive Government Security Life Assurance Co (1875) Before a company can be formed, there must be some persons who have an intention to form a company and who take the necessary steps to carry that intention into operation. (Setting up the company) It is also a contract between individual members in their capacity as members. – Wong Kim Fatt v Leong & Co Sdn Bhd (1976) – Rayfield v Hands (1958) 16 Per Cockburn, C. J in Twycross v Grant (1877), a promoter is described as â€Å"one who undertakes to form a company with reference to a given project and to set it going, and who takes the necessary steps to accomplish that purpose. † scs&ismk/company law 17 scs&ismk/company law 18 3 BT20403/Company Law Promoter owes fiduciary duties towards the company: Promoters owe fiduciary duties towards the company, not to the individual members of the company. †¢ To act in good faith To ensure that there is no conflict of interest If the promoter is in breach of his fiduciary duties, it is the company who may take legal action against the promoter. Refer to cases: – Erlanger v New Sombrero Phosphate Co (1878) – Gluckstein v Barnes (1900) scs&ismk/company law 19 scs&ismk/company law 20 Failure to disclose , company has options: A promoter has to disclose any transaction entered, either by, †¢ Company may rescind the contract (Erlanger v †¢ disclosing in M&A; †¢ by communicating to an independent Board of New Sombrero Phosphate), and Directors; †¢ By communicating to the existing and intended embers of the company. †¢ in certain circumstances, company may be able to claim the secret profit obtained by the promoter (Gluckstein v Barnes), †¢ Company may file suit for damages for the breach of fiduciary duties (Re Leeds & Hanley Theater), scs&ismk/company law 21 If the company elects to affirm the contract, company may have a cause of action against promoters for: 22 At times, promoters will have to enter a contract with a third party though the company has yet to be registered. We have to analyse above situation from both position i. e. Common Law and Statutory †¢ deceit, †¢ fraud †¢ negligent misrepresentation cs&ismk/company law scs&ismk/co mpany law 23 scs&ismk/company law 24 4 BT20403/Company Law Pre-incorporation contract is a contract entered by any person on behalf of a company prior to its incorporation: Once such contract is ratified by the company then it will be of retrospective effect, s. 35(1). †¢ Common law: Failure to ratify will render the person who enters the contract to be personally bound by the contract, unless there is an express agreement to the contrary, s. 35(2). Company is not bound by a pre-incorporation contract as the principles of agency cannot be invoked (Kelner v Baxter, Newborne v Sensolid, Phonogram, Rover Industrial etc). †¢ Statute: If company ratifies the pre-incorporation contract, the company will be bound by and entitled to the benefit of the contract as if it had been in existence at the date of the contract, s. 35 CA 1965 (Cosmic Insurance Corporation Ltd v Khoo Chiang Poh (1981) scs&ismk/company law Common Law the pre-incorporation contract is unenforceable on the grounds that: the company is not in existence yet, thus law of agency is inapplicable. the company cannot ratify such transaction as there is no principal-agent relationship involves. 25 Statutory 26 Company XYZ was set up on 1 March 2011; Ms Kyra (promoter), on behalf of Co. XYZ, entered a transaction with ABC on 15 Feb 2011; Co XYZ’s first meeting was on 10 March 2011, whereby Ms Kyra disclosed the pre-incorporation contract to Co. XYZ. s. 35(1) of CA 1965 allows the company to ratify such transaction, it will bind the company with retrospective effect Cosmic Insurance Corporation Ltd v Khoo Chiang Poh †¢ If XYZ has agreed to ratify the contract, thus XYZ is bound by the transaction with ABC with retrospective effect from the date of transaction (i. e. 15 Feb 2011). †¢ If XYZ refuses to affirm, promoter will be personally liable, s. 35(2). (1981) Newborne v Sensolid GB) Ltd (1945), Kelner v Baxter, Phonogram, Rover Industrial etc). scs&ismk/company law scs&ismk/company law 27 scs&ismk/company law 28 Upon incorporation, a company is considered as an artificial legal person, i. e a person created by statute. S. 16(5) CA 1965 provides that â€Å" on and from the date of incorporation specified in the c ertificate of incorporation but subject to the Act the subscribers to the memorandum together with such other persons as may from time to time become members of the company shall be a body corporate by the name contained in the memorandum capable forthwith of exercising all the functions of an ncorporated company and suing and being sued and having perpetual succession and a common seal with a power to hold land but with such liability on the part of the members to S. 16(5): As a ‘body corporate’, 1. a company’s obligations and liabilities are its own, and not those of its participants; 2. a company can sue and be sued in its own name; 3. a company has perpetual succession; 4. a company’s property is not the property of its participants; 5. a company can contract with its controlling participants contribute to the assets of the company in the event of its being wound up as is provided by this Act. † cs&ismk/company law 29 scs&ismk/company law 30 5 BT 20403/Company Law a. k. a corporate veil The company is a legal person separate from its participants. The law treats a company as being a separate person from its members and those who manage its operation. In the event of winding up, members are liable up to their unpaid shares only. They are not liable to contribute if they have had paid up their shares. This means that: Case Salomon v Salomon & Co Significance of the case †¢ its obligations and property are its own and not †¢ ‘Separate legal entity between members and those of its participants; and company’. its existence continues unchanged even if the identity of the participants changes scs&ismk/company law cash, debenture Pty Ltd company 20,001 shares Family 32 Facts: The company was put into liquidation; The assets were realised to pay off the secured creditors: †¢ Salomon was the debenture holder for Salomon & Co, hence was given priority The unsecured creditors were left empty handed Liquidator sued Salomon shoe business Salomon scs&ismk/company law 31 6 shares scs&ismk/company law 34 Lee v Lee’s Air Farming (1961) AC 12 Court of Appeal: †¢ Salomon was liable to indemnify the company against the losses. Abdul Aziz bin Atan & 87 others v Ladang Rengo Malay Estate Sdn. Bhd. [1985] 2 MLJ 165: House of Lords: †¢ Reversing the Court of Appeal’s decision. †¢ Salomon and the company were separate persons. scs&ismk/company law scs&ismk/company law 33 35 scs&ismk/company law 36 6 BT20403/Company Law In the Application for Re Yee Yut Ee (1978) 2 MLJ 142 – In a company limited by shares, a member’s liability to contribute to meet the debts of the company is limited to the amount (if any) remaining unpaid on their shares – s. 18(1)(d). The High court held that a director is not liable for the company’s debts. Allows investors to quarantine the risk of a particular venture from their other assets. In practice, creditors may negotiate personal guarantees from controllers. scs&ismk/company law 38 Once a person has sold or given his property to the company he no longer has any right over it. The property belongs to the company, and the member no longer has any right or interest. S. 19 mentions that a company has the ‘power to hold land’. This can be taken to mean that a company can own other types of property too. The property of a company is its own, and not that of its members. Macaura v Northern Assurance Co. Ltd. (1925)AC619 . Even if a member holds almost all the shares of a company, he does not have any proprietary interest in the company’s property. scs&ismk/company law scs&ismk/company law 37 39 scs&ismk/company law 40 The corporate veil will be lifted in these situations derived from †¢ Common law †¢ Statutory There are certain circumstances whereby the Court are asked to lift the corporate veil and ignore the separate legal entity of the company If the court lift up the corporate veil thus it will be able to discover the identity of the participants of the company and impose liability upon them. Thus, the separation between the company and its participants (members and officers) does not exist anymore. scs&ismk/company law 41 scs&ismk/company law 42 7 BT20403/Company Law Common Law In the event of evasion of contractual obligations – Gilford Motor Co v Horne -Jones v Lipman Sham purposes: Re FG Films Fraudulent: Re Darby The company is an agent or partner of the controller Taxation and nationality rules: Daimler Co Ltd v Continental Tyre & Rubber; scs&ismk/company law †¦common law(cont) Public interests (when it is just and equittable) – Aspatra Sdn Bhd & 21 Ors v Bank Bumiputera Malaysia Bhd & Anor †¦. statutory (cont) †¦common law (cont) holding – subsidiary: s. 5(1) Holding – Subsidiary †¢ S. 169 financial Companies: statement – Tiu Shiu Kian v Red †¢ Where the company is in Rose Restaurant Sdn the relationship of holding Bhd; and subsidiary, SLE is – Hotel Jaya Puri Bhd v inapplicable as the Act National Union of requires a consolidated Hotel, Bar and profit and loss account for Restaurant Workers holding and subsidiary company, s. 169 Statutory S. 36- member less than 2; S. 121(1) &(2) – misdescription (unless company is willing to ratify) providing share assistance to purchase own shares, . 67(5) Taxation purposes †¢ S. 140 Income Tax Act 1967 Payment of dividend from other sources, not from profit †¢ S. 365(2) DHN Food Distributors Ltd v Tower Hamlets London Borough Council †¦statutory (cont) issuance of prospectus which is pending approval †¢ s. 44(2) †¢ s. 48(4) incapable of payin g the company’s debt †¢ S. 303(3) – no reasonable or probable expectation fraudulent trading – s. 304(1) scs&ismk/company law scs&ismk/company law 43 44 Definition †¢ S. 4(1): A director is a person occupying the position of director by whatever name called. †¢ Includes a ‘shadow director': not an ‘official' irector, but someone whose directions board ‘accustomed to act’ in accordance with. A director must be a natural person and of full age: s122 (2). The general powers of management rest with the board of directors – Article 73 Table A. 45 scs&ismk/company law 46 Disqualification of Directors †¢ S. 11 CA – makes it a criminal offence for an undischarged bankrupt to act as a director or shadow director without judicial consent. †¢. Company Secretary †¢ Every company must have a company secretary. The secretary may be a director of the company, unless there is only one director, in which case t he ecretary must be the second individual. scs&ismk/company law 47 scs&ismk/company law 48 48 8 BT20403/Company Law Common Law Fiduciary duties †¢ Bona fide †¢ To act diligently †¢ To ensure that there is no conflict of interest Duty of care and skills †¢ Expectation of a reasonable man †¢ Delegation of authority Retirement Statutory To disclose any interest s. 131 To act in good faith – s. 132 Misuse of the company’s confidentiality- insider trading- s. 132A & s. 132B Unauthorised transactions that might jeopardise the company – s. 132C Interest in another company- s. 134 Secret profit- s. 135 scs&ismk/company law As agreed Resignation †¢ Tender notice as prescribed by the Articles of Association; Dismissal/Removal †¢ Without waiting for expiry of the term- could lead to another legal suit taken by the director against the company 49 scs&ismk/company law 50 Registrar’s power under s. 308: †¢ Defunct companies In ap proving the scheme of arrangement, the court may order immediately for dissolution of a company – s. 178. Voluntary winding up – s. 254 †¢ The members of the company may pass a resolution to wind up or through winding up by creditors Court’s Order – s. 217 †¢ The grounds as specified in s. 218(1) scs/company law 51 9