Essay writing tips essay writing: 2019

Tuesday, December 31, 2019

The Death Penalty - Free Essay Example

Sample details Pages: 10 Words: 3062 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Death Penalty Essay Did you like this example? THE DEATH PENALTY Abstract The article focuses on the law of death penalty which was established in the seventh B.C. the death penalty included the laws for such actions or deed committed by people who commit a sin or an action is regarded as unlawful. In this article, Death Penalty has been discussed with its history in the nineteenth and twentieth century. The article also discusses various standpoints keeping in view the different religions, such as, Islam and Christianity. Furthermore, the human rights and death penalty are related that how the punishment affects the rights of people and what are the opinions of people regarding the death penalty. Another important aspect regarding the society is discussed that what is the effect of death penalty on the society? Has it reduced the crime rate or not? Introduction Death penalty is known as capital punishment, executed by the law governing body of a state. It is executed where a serious crime is commi tted, for example, murder, rape, or any other form of serious crimes. Around one third of the countries allow death penalty. Such countries include China, Iran and United States, where the death penalties are executed on a large scale. Still, there are many countries who do not allow death penalty as a solution for a crime. These countries are Canada, Australia and Mexico who have abolished the rule about death penalty. However, many other countries have different strategies and policies which they implement for the death penalty on people even with some less serious crimes of drug business, robbery, and others. Early Centuries (B.C and A.D) First time in the history, the death penalty law was established in Eighteenth century B.C for 25 different types of crimes. In fact it does not start from Eighteenth century, as death penalty was also a part of the Fourteenth Century B.C, Even if history is viewed a little bit back then in the Seventh Century B.C there were laws for the c rimes. According to those laws, death was the only punishment for all the crimes. In the fifteenth Century punishment for the crimes was also death or to use such ways to punish that leads to the death of the criminal. In the Tenth Era A.D., hanging became the regular method of execution in UK. Within the following century, William the master wouldnt permit people to be hanged or otherwise dead for any misconduct, excluding in eras of war. Some common strategies of execution at that point were steaming, fiery at the stake, hanging, decapitation, and depiction and dividing. Implementations were administered for such capital evil doing as wedding a Jew, not admitting to a criminal crime, and disloyalty. The number of center corruptions in UK continued to rise throughout subsequent two eras. By the 1700s, 222 misconducts were indictable by death in UK, together with stealing, thinning out a tree, and robbing a rabbit warren. Due to the severity of the execution, several juries wo uldnt convict defendants if the offense wasnt serious. This resulted in reforms of Britains execution. From 1823 to 1837, the execution was eliminated for over a hundred of the 222 crimes punishable by death (Randa, 1997). Nineteenth Century In the early Nineteenth Century, the Eradicator movement gained speed in the northeast. Many countries condensed the number of their law-breaking activities. In 1834, Pennsylvania turns out to be the first state to move implementations away from the public perceptiveness and booming them out in correctional conveniences. In mid-Eighties, Michigan became the primary state to get rid of the corporal punishment for all corruptions except disloyalty. Later, Rhode Island and Wisconsin eliminated the corporal punishment for all crimes. By the beginning of the century, the globe would see the countries of Republic of Venezuela, Portugal, Holland, Costa Rica, Brazil and South American nation imitate Rhode Island and Wisconsin (Bohm, 1999 and Sc habas, 1997). Even though U.S. originated eradicating the corporal punishment, most states control onto death penalty. Some states created additional crimes capital offenses, particularly for offenses committed by slaves. In 1838, in a shot to form the corporal punishment additional edible to the general public, some states began passing laws against obligatory death sentencing instead enacting discretionary corporal penalty statutes. The 1838 enactment of discretionary corporal penalty statutes in Tennessee, and far ahead in Alabama, were perceived as an outstanding reform. This introduction of sentencing discretion within the capital method was perceived as a conclusion for abolitionists as a result of before the enactment of those statutes; all states mandated the corporal punishment for anyone guilty of a capital crime, in spite of circumstances. With the exception of a little range of seldom committed crimes during a few jurisdictions, all obligatory death penalty regulation s had been eradicated by 1963. (Bohm, 1999) All through the warfare, opposition to the corporal punishment waned, as supplementary devotion was given to the anti-slavery association. The concept of electric chair was familiarized at the top of the century. The primary instrument of execution was engineered in 1888, and in 1890 William Kemmler was the first to be killed by this instrument. Soon, different states adopted this execution technique (Randa, 1997). Although some states abolished the corporal punishment within the mid-nineteenth century, it took place in the middle of the twentieth century that marked the start of the Progressive Period of reform within the U.S. From 1907 to 1917, six states utterly illicit the corporal punishment and three restricted it to the seldom committed crimes of treason and degree murder of an enforcement official. However, this reform was transient. There was a fervent atmosphere within the U.S., as voters began to panic regarding the threat of revolution within the wake of the Russian Revolution. Additionally, the U.S. had simply entered the World War I and there have been intense category conflicts as socialists mounted the primary serious challenge to laissez-faire economy. As a result, five of the six crusader states reinstated their corporal punishment by 1920. (Bedau, 1997 and Bohm, 1999) In 1924, the utilization of cyanide gas was introduced, as Silver State wanted an additional humane manner of capital punishment its inmates. Gee Jon was the primary person dead by fatal experience. The municipal strained to thrust cyanide gas into Jons cell whereas he slept, however this well-tried not possible, and therefore the instrument of execution was created. (Bohm, 1999) From the Twenties to the Forties, there was a restoration within the use of the corporal punishment. This owed, in part, to the literatures of criminologists; United Nations agency argued that the corporal punishment was a necessary social life. W ithin the U.S., Americans were suffering through prohibition and therefore the slump. There have been additional executions within the Thirties than in the other decade in Yankee history, a median of 167 per annum. (Bohm, 1999 and Schabas, 1997) In the Nineteen Fifties, public sentiment began to show far from death penalty. Several allied nations either abolished or restricted the corporal punishment, and within the U.S., the quantity of executions born dramatically. Whereas there have been one,289 executions within the Forties, there have been 715 within the Nineteen Fifties, and therefore the range fell even more, to solely 191, from 1960 to 1976. In 1966, support for death penalty reached Associate in nursing the bottom. ReligionsÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Standpoints: Christianity Old Evidence Law agreed the death penalty for a wide list of corruptions that includes Slaughter (Exodus 21:12-14;Leviticus 24:17,21), Attacking or cursing a parent (Exodus 21:15,17), Disobedience to parents (Deuteronomy 21:18-21), Kidnapping (Exodus 21:16), Failure to confine a dangerous animal, resulting in death (Exodus 21:28-29), Witchcraft and sorcery (Exodus 22:18,Leviticus 20:27,Deuteronomy 13:5,1Samuel 28:9), Human sacrifice (Leviticus 20:2-5), Sex with an animal (Exodus 22:19,Leviticus 20:16), Doing work on the Sabbath (Exodus 31:14,35:2,Numbers 15:32-36), Incest (Leviticus 18:6-18,20:11-12,14,17,19-21), Adultery (Leviticus 20:10;Deuteronomy 22:22), Homosexual acts (Leviticus 20:13), Prostitution by a priests daughter (Leviticus 21:9), Blasphemy (Leviticus 24:14,16,23), False prophecy (Deuteronomy 18:20), Perjury in capital cases (Deuteronomy 19:16-19), Rejecting to follow a decision of a judge or minister (Deuteronomy 17:12), Fabricated privilege of a womans virginity at time of matrimonial (Deuteronomy 22:13-21), Sex between a woman vowed to be wedded and a man other than her engaged (Deuteronomy 22:23-24). Christians have faith that any discrete has to suffer the concerns of their activities but no one has the right to take another human life nevertheless of the crime committed. They believe it is God who gives life so he should be the one to take it. ReligionsÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Standpoints: Islam If anyone kills someone unless its for murder or for spreading mischief within the land it might be as if he killed all individuals. And if anyone saves a life, it might be as if he saved the lifetime in all inhabitants (Kuran 5:32). Existence is holy, in keeping with Islam and most alternative world faiths. However will one hold life sacred, however at rest prop up execution? The Kuran answers, catch not live that God has created sacred, except by manner of justice and law. So will he command you, in order that youll learn wisdom (6:151).The Quran legislate the capital punishment for murder, though forgiveness and compassion are powerfully inspired. The murder victims family is given an option to either implement the capital punishment, or to pardon the wrongdoer and settle for financial compensation for his or her loss (2:178). The second crime that execution may be applied may be a bit a lot of receptive interpretation. Spreading mischief within the land will mean many alternative things, however is mostly taken to mean those crimes that have an effect on the community as an entire, amd undermine the civilization. Crimmes that contain the underneath this description include: i.sedition ii.violence iii.piracy iv.Rape v.infidelity vi.Homosexual actions (Erik C. Owens) Actual strategies of execution vary from place to position. In some Muslim countries, strategies have enclosed beheading, hanging, and stoning. Executions are command in public, to function warnings to would-be criminals. The executing has been illicit in a very majority of the worlds nations, however continues to be used wide within the geographical region. One of the most reasons for the employment of execution during this r egion is that its clearly permissible by the sacred writing, the Muslim holy text. As such, most nations that think about Islam to be the state of faith (including UAE, Iraq, Kuwait, Qatar and others) and every one Muslim states (including Asian country, Bahrain, Brunei, Iran, Mauritania, Oman, Pakistan, Kingdom of Saudi Arabia and Yemen) allow and infrequently encourage the employment of the executing (Huda). Several verses within the holy book support the employment of execution once used as a lawful suggests that of seeking justice. For instance, a favorite quote within the sacred writing relating to the executing states,Take not life, that God has created sacred, except by approach of justice and law. So will He command you, so you will learn wisdom (6:151). Basically, this suggests that though murder is taken into account a sin, its permissible to utilize execution once needed by law. Muslims UN agency support the executing believes that its use provides an efficient dete rrent against crime and in and of itself helps to push justice. Jurisprudence permits the employment of the social control corporal punishment as a penalty against deliberate killing and terrorist acts, that interprets to spreading mischief throughout the land. this kind of crime is understood in a very style of ways that, however will embody rape, adultery, treason, apostasy, piracy, anal intercourse and homosexual behavior (Banner, 2009). Although execution remains wide supported in Muslim states and nations within which Islam is that the state faith, there are growing teams of Muslims that support the ending of the executing. People who oppose execution ail the thought interpretation of sacred writing passages relating to execution. It is vital to notice that theres no place for law enforcement in Islam one should be properly guilty in a Islamec courtyard of law before of the penalization will be allotted. The severity of the penalization needs that terribly strict proof s tandards should meet by a confidence is found. The courtyard conjointly has flexibility to order but the final word penalization (for example, imposing fines or jail sentences), on a individual basis. Human Rights The worldwide person rights norm and legal dialogue on civil rights in these luggage is understood and explained by scrutiny the up to date practices to the medieval IUS commune. The trendy IUS commune of human rights has 3 distinct characteristics that it shares with the historical example to that its analogized: its broadly speaking international in scope and application; its grounded in sure universal principles that area unit assumed to own have society and sopra optimistic soundness (in the folder of person civil rights, the concept of human dignity); and it neither trumps native law neither is essentially subordinate to that, however rather exists in a very dependent relationship with it. The article concludes with a suggestion to analyze the manner during whic h the US Supreme Court has begun to have interaction overseas jurisprudence, as a result of this sympathetic of the original commune of human rights (Carozza, 2003). Methods of Execution Using a panel of state-level knowledge over the years 1978Ãƒ ¢Ã¢â€š ¬Ã¢â‚¬Å"2000, this text examines whether or not the tactic by that capital punishment states demeanor their death penalty affect the percapita occurrence of kill in an exceedingly differential manner. Many measures of the subjective chance of being dead or developed are taking into consideration for the temporal order of individual executions. The empirical estimates recommend that the deterrent result of corporal sentence is ambitious mainly by execution conduct by electrocutions. Not any of the opposite four strategies of execution (lethal injection, tool of kill aspheyxiations, hang or fir on group) are found to possess a statistically very important force on the apiece capita occurrence of kill. These domino result or stur dy with reference to the style within which the subjective chances of being dead or outlined, whether or not or not a state features a capital punishment rule in the book the taking away of condition and time mounted effects, controls for state-specific time trends, coincident management of all execution strategies, and controls for different styles of public deterrence. Additionally, its shown that the negative and statistically vital impact of electrocutions isnt driven by the prevalence of a Ãƒ ¢Ã¢â€š ¬Ã…â€œbotchedÃƒ ¢Ã¢â€š ¬Ã‚ electrocution throughout the relevant period of time (Stearman, 2007). Applied Unfairly In the states there must be equal laws for public. But the problem arises when there is injustice and unfair application of the laws on the public. It causes increase in the crime rate that leads to the death penalty indirectly. Even there must be equal implication of the laws on the criminals. They must be bound to complete their punishment without any special favor. Supporter of the Death Penalty Supporters of the death penalty say that it is important for the true society. It helps to make things right. Because it gives lessons to others who are thinking about the crimes that spoils the society and damages the people of the society. It is the order of the Lord to punish the criminal according to his punishment. So in those countries where there are prompt decisions taken about the crimes of people is less involved in the dangerous crimes as compare to those who did not punish criminals according to their criminal activities. For the peace and justice it is necessary to justify the things. Against the Death Penalty Support for the execution has fluctuated throughout the century. In line with town surveys, in 1936 sixty one of USA citizens favored the execution for persons condemned of murder. Support reached to the lower of forty second in 1966. Throughout the 70s and 80s, the proportion of USA citizens in favor of the execut ion accumulated steady, culminating in AN eightieth approval rating in 1994. A might 2004 town Poll found that a growing range of USA citizens support a sentence of life while not parole instead of the execution for those condemned of murder. Town found that forty sixth of respondents favor imprisonment over the execution, up from four hundred and forty yards in 2003. Throughout that very same timeframe, support for executing as an alternate fell from fifty three to five hundredth. The poll additionally unconcealed a growing skepticism that the execution deters crime, with sixty two of these polled speech that its not a deterrent. These percentages square measure a theatrical move from the response set to the present same question in 1991, once fifty one of USA citizens believed the execution deterred crime and solely forty first believed it didnt. Solely fifty fifth of these polled responded that they believed the execution is enforced fairly, down from hour in 2003. Once not of fered an alternate sentence, seventy one supported the execution and twenty sixth opposed. The general hold up is regarding a parallel that according in 2002, but downward from the 18th hold in 1994. (Gillep Polle New Service, June 3, 2005). Reduce/Increase Crimes Rate and the Sense of Injustice Death penalty helps in decreasing the criminal activities due to which crime rate goes downward. But most of the public is against such death penalty. The opinion of the public about the death penalty is changing now days. From 19 century to onward voting rate of the public about the death penalty is in decreasing trend. They do not want to punish the criminals in such a way. Also, when public will see that criminals are not being punished by the government of that country or state, it will of course create an atmosphere of injustice among people. Conclusion Death penalty is the punishment given to law offenders who do not follow the laws and commit such crimes which include murd ers, rape, and robberies including other unlawful acts. The death penalty has been in the laws of many countries in the world and has been working in order to reduce the crime rate but with due respect of the human rights and other social aspects, death penalty has been condemned heavily by the people of various countries. There have been many social issues related to the death penalty and some of them include fear among the people who witness the execution. Other social issues include injustice which is felt by many people when they do not see that death penalty is given to the offender who has hurt them or destroyed their lives or damaged their sovereignty. However, with many appraisal from the people, death penalty is also considered as cruelty for which it is been removed from the laws of many countries. DonÃ¢â‚¬â„¢t waste time! Our writers will create an original "The Death Penalty" essay for you Create order

Monday, December 23, 2019

Sudden Unexpected Infant Death Is A Major Public Health Issue

Sudden unexpected infant death is a major public health issue in the United States that has significant and adverse effects on the families, communities and population. It is one of the leading causes of death in infants. It is a constellation of causes such as sudden infant death syndrome, accidental suffocation and strangulation in bed, and most times the cause is unknown. This paper provides a overview of its description, public health importance, magnitude, impact, ability to prevent it with current knowledge, variations in socio-demographics and disparities in health outcomes in Florida, United States with a focus on Lake county, Florida. Keywords: Sudden unexpected infant death, sudden infant death syndrome, accidental suffocation and strangulation in bed. Introduction Sudden unexpected infant death (SUID) is defined as deaths in infants less than one year of age that occur suddenly and unexpectedly, and whose causes of death are not immediately obvious prior to investigation. (Centre for Disease Prevention and Control {CDC}, 2016) Each year in the United States, more than 3500 infants without prior known illness or injury die suddenly and unexpectedly. Such deaths have occurred for centuries, with the first reference being in the Book of Kings in the Bible, where a woman was thought to have lost her infant due to Ã¢â‚¬Å"overlayingÃ¢â‚¬ which is rolling over her baby in her sleep.Show MoreRelatedInfant Health And Human Services1694 Words Ã‚ |Ã‚ 7 PagesIn the United States, the Department of Health and Human Services works tirelessly in order to improve the conditions for newborn infants. Their goal is to provide essential human services, as well as protect the health for all Americans. Specifically, the area of infant health focuses on the period of rapid development from birth to one year age. The factors that contribute to infant health is not only attributed to the child, but also extends to the health of the mother and their family supportRead More Sudden Infant Death Syndrome SIDS and African Americans Essay2616 Words Ã‚ |Ã‚ 11 PagesSudden Infant Death Syndrome and African-Americans Sudden Infant Death Syndrome (SIDS) is a condition that many people still are trying to figure out why it happens to these babies. This syndrome is described as an unexplained death of an infant younger than one year of age. SIDS is frightening because it can strike without warning and affect a good, healthy infant. Most SIDS deaths occur at night and without warning. SIDS victims may have been down for sleep for as little as ten minutes, theyRead MoreWhat Is The Non-Changeable And Non-Changeable Risk Factors Of SIDS1851 Words Ã‚ |Ã‚ 8 PagesIn spite of a major decline in the incidences of Sudden Infant Death Syndrome since the American Academy of Pediatrics published its recommendation in 1992 that infants should be placed on their back for sleeping this decline has stopped and left us at a plateau. Even though this was released many families are still butting babies on their bellies to sleep. Because of that, it has become increasingly important to address the risk that puts infants at greater risk for SIDS. In this paper of the changeableRead MoreChildhood Vaccinations Essay1450 Words Ã‚ |Ã‚ 6 Pagessafety of childhood immunizations. The major argument is whether or not laws should be established to declare vaccination mandatory for all children. Ã¢â‚¬Å"The US food and Drug administration (FDA) regulates all vaccines to ensure safety and effectiveness,Ã¢â‚¬ (ProCon.org, 2012) therefor there should not be any reason to risk the health of any child. Vaccinating our children not only ensures their safety but also that of their future to come. The first major concern parents have when it comes to childhoodRead MoreThe Link Between Depression And Suicide Essay1288 Words Ã‚ |Ã‚ 6 Pagesalcohol or substance abuse problem. Often they have that problem in combination with other mental disorders. Warning Signs: Ã¢â‚¬ ¢ Always talking or thinking about death Ã¢â‚¬ ¢ Clinical depression -- deep sadness, loss of interest trouble sleeping and eating -- that gets worse Ã¢â‚¬ ¢ Having a death wish, tempting fate by taking risks that could lead to death, such as driving fast or running red lights Ã¢â‚¬ ¢ Losing interest in things one used to care about Ã¢â‚¬ ¢ Making comments about being hopeless, helpless, or worthlessRead MoreShould New Zealand Have Mandatory Vaccinations?2228 Words Ã‚ |Ã‚ 9 Pageshas gone down from 350,000 cases in 1988 to only 1,951 in 2005 and deaths due to measles have decreased by 60%. (2,8) There has been such a major improvement in stopping many harmful diseases because of the amount of people getting their children vaccinated. However this can go the other way around as well. If not enough people are immunised against a disease there is a possibility for it to return, which can lead to disease and death, so it is important that parents immunise their children to avoidRead MoreEssay about Anticipatory Grief3822 Words Ã‚ |Ã‚ 16 PagesGrief is a natural reaction to loss and change which affects all aspects of a personÃ¢â‚¬â„¢s life: the physical, emotional, psychological, behavioral, and spiritual. Grief is not expected but will be experienced in a variety of ways such as experienced, sudden, gradual or anticipated. While most people will experience loss at one time in their lives, not everyone responds in the same way or goes through the same process to recover and heal. Grief and its Effects Life does not come with a manualRead MoreEffects Of Early Childhood Trauma On Relationships1656 Words Ã‚ |Ã‚ 7 Pagesfurther, will investigate if emotional regulation influences this relationship. Traumatic events are characterized as sudden unexpected events, shocking in nature or death/threat to life or body integrity as well as subjective feelings of intense horror, terror, or helplessness (American Psychiatric Association, 2000). However, many children experience stressful events, such as the death of a grandparent, but these types of events would not usually be considered traumatic (Cohen, Mannarino, DeblingerRead MoreThe Passing Of A Loved One Essay2521 Words Ã‚ |Ã‚ 11 Pagespersonality, their normal stress reactions, the support available, their relationships or attachments, other death experiences, how others react to their own grief around them (Thompson Hendry, 2012). This essay explores several models and theories that discuss the complexities of loss and grief. A discussion of the tasks, reactions and understanding of grief through the different stages from infants to the elderly, will also be attempted. Part One: Grief models and theories Theories and models thatRead MoreDoes Every Mother Love Her Child?3307 Words Ã‚ |Ã‚ 14 Pagesnature for her to enthusiastically anticipate motherhood. Now that a lot more information is available about postpartum depression, many avenues are currently being utilized to bring awareness to this growing problem and support is emerging from some unexpected forums to let struggling mothers know that they are not alone. Ã¢â‚¬Å"This growing attention toward PPDÃ¢â‚¬â„¢s potential severity has also resulted in the creation of social policy in Twenty-nine countries. In the United States, The MomÃ¢â‚¬â„¢s Opportunity To

Sunday, December 15, 2019

Business Continuity Plan Free Essays

string(113) " The many opportunities for data retrieved from file space to be compromised are a drawback to this data source\." Data Sources in Digital Forensics March 17, 2013 Joana Achiampong CSEC 650 Introduction Four sources of data that stand out for forensic investigators in most criminal investigations are files, operating systems, routers and network traffic, and social network activity. Each data source presents a variety of opportunities and challenges for investigators, meaning that the more reliable data collection and analysis activity typically involves examination of a variety of sources. Digital forensics must cover the four basic phases of activity, which include: data collection, which describes the identification and acquisition of relevant data; data examination, which includes the processing of data through the use of automated and manual tools; analysis, which describes the evaluation and categorization of examined data into coherent groups, such as their usefulness in a court proceeding; and reporting, in which the results of analysis are described with careful attention paid to recommendations (Marcella Menendez, 2009). We will write a custom essay sample on Business Continuity Plan or any similar topic only for you Order Now The viability of each data source to an investigation must be evaluated based on how they can contribute to each phase. For example, the ability of routers and switches as a data source to help investigators might be effective in one area, but not in the other three. An examination of router activity might yield a surfeit of observable data that fails to provide diverse analytical tools that cannot be relied upon in a forensic setting. Another example is network traffic, which may yield a large amount of data that is unreliable or has a high degree of volatility (Garfinkel, 2010). Time is often essential for forensic investigators, and it is often important to know in advance the dynamics of each data source. This helps investigators avoid wasted time, or spending time analyzing data that may of minimal help in a forensic setting. For these reasons, it is important to critically assess the pros and cons of each data source for their ability to provide contributions. A valid assessment of each data source should be made based on consistent factors such as costs, data sensitivity, and time investment. The overall costs of each data source depend on the equipment that will be required to collect and analyze data without corruption. Costs also refer to the training and labor required during the course of the collection and analysis, which may be higher for uncommon sources that require a unique process and chain of command pattern. Data sensitivity is critical is a forensic tool, but may be more questionable depending on the source. For example, network activity can provide a wealth of information depending on the device and setting upon which data is moved. However, a network environment with many devices and multiple configurations may provide unreliable data that cannot be recognized in court proceedings. In addition, chain-of-command issues regarding the contribution of outside network analysts could compromise a source that would be otherwise valid. These issues have to be considered in any data source assessment. Data Files The most common data sources in a digital forensic examination are current and deleted files. Most forensic investigators in most data retrieval environments begin with an examination of the various media store on the hard drive of a computer, network, or mobile device. The variety of types of stored data in current and deleted files, in addition to partitioned packet files and the slack space of a deviceÃ¢â‚¬â„¢s memory, can be massive and diverse. A typical first step in data retrieval is to shut down a system and create a data grab or forensic duplicate upon which collection and analysis can be made. This ensures the integrity of the original data, while allowing investigators the ability to manipulate data however they see fit. However, this process alone creates challenges for forensic investigators, including an inability to capture live system data. This might prevent investigators from catching a perpetrator in the act of altering or adding data to a device or system. One of the primary benefits of files as a data source is the ability to separate and analyze the types of files, which creates a specific signature based on the content and user (Marcella Menendez, 2008). Data can be pulled from deleted files, slack space on a systemÃ¢â‚¬â„¢s hard drive, or free space, all of which provides information that can be useful to investigators. The directory location and allocation type for each file informs the data that has been collected, including a time stamp and whether tools have been used to hide the data. Each of these characteristics provides investigators easy-to-access information about a system. In addition, there are a variety of hardware tools that can be used to access data. This technology is fairly common, meaning that associated costs tend to be minimal when retrieving data from files (Purita, 2006). File examination can yield a variety of types of suspicious activity that tend to be helpful for investigators. One example is the presence of hidden evidence on file systems. This type of data can be hidden in deleted file spaces, slack spaces, and bad clusters. File space is marked as deleted when it is removed from an active directory. This data will continue to exist within a cluster of a hard disk can be identified and accessed by creating a file in Hex format and transferring the copied data. Data can also be hidden in many others ways, including by removing partitions that are created between data and by leveraging the slack space that exists between files. Attempts by users to hide data using these methods are quickly identifiable by investigators, who can then restore the data using a variety of inexpensive and efficient methods. For example, matching RAM slack to file slack identifies the size of a file and makes it easier to identify and retrieve (Sindhu Meshram, 2012). This type of retrieval inherently emphasizes the importance of data integrity. This type of integrity is important in any forensic environment, and compromised data is usually rendered instantly unusable. The many opportunities for data retrieved from file space to be compromised are a drawback to this data source. You read "Business Continuity Plan" in category "Papers" For example, data retrieval using bit stream imaging provides a real-time copy onto a disk or similar medium. However, this can be compromised based on the fact that re-imagining of data is constantly changing during re-writing. Investigators will typically choose the type of data copy system based on what they are looking for. However, changes to data can occur if the appropriate safeguards are not taken. Write-blockers are often used to prevent an imaging process from providing data that has been compromised by writing to that media. Sindhu and Meshram 2012) stated that computing a message digest will create a verification of the copied data based on a comparison to the original. A message digest is an algorithm that takes input data and produces an output digest. This comparison helps investigators ensure the integrity of data in many cases. There are additional pitfalls when it comes to using files as data sources. Users have different resources for eliminating or hindering data collection. One example is overwriting content by replacing it with constant values. This type of wiping function can be performed by a variety of utilities. Users can also demagnetize a hard drive to physically destroy the content stored there. Using files as a data source in this case will require a complex operation requiring different tools. Users can also purposefully misname files Ã¢â‚¬â€œ for example, giving them . jpg extensions when they are not image content files Ã¢â‚¬â€œ in order to confuse investigators. Investigators have to be familiar with strategies for circumventing these pitfalls, such as maintaining an up-to-date forensic toolkit and remaining committed to maintaining data integrity. In the end, files are very highly relied upon by investigators and are a strong source forensic data. However, investigators must be experienced and have the appropriate tools to ensure the viability of collected data. Operating Systems Generally speaking, the data that can be collected from Operating Systems (OS) is more diverse and rich than file systems data, and has greater potential to uncover application-specific events or vital volatile data specific to a network operation (Sindhu, Tribathi Meshram, 2012). However, OS data mining can be more difficult and challenging, and often requires investigators to make quick decisions based on the type of data they are seeking. OS data mining is more case specific, in part because the retrieval of data is frequently connected to network configurations. Collecting volatile data can only occur from a live system that has not been shut down or rebooted (Marcella Menendez, 2008). Additional activity that occurs over an individual network session is very likely to compromise the OS data. For this reason, investigators have to be prepared and aware of what they are looking for. Time is of the essence in this case, and it is important to decide quickly whether or not the OS data should be preserved or if the system should be shut down. Keeping a system running during data extraction can also compromise data files. This also leaves data vulnerable to malware that has been installed by a user with bad intentions, determined to undermine the operations of investigators. The types of data that can be retrieved from the OS include network connections, network configurations, running processes, open files, and login sessions. In addition, the entire contents of the memory can be retrieved from the OS history, usually with little or no alteration of data when the footprint of retrieval activity is minimized. The order in which this data is collected typically runs in a standard succession, with network connections, login sessions, and memory collection sitting at the top of the list or priorities. These sources are more important because they tend to change over time. For example, network connections tend to time out and login sessions can change as users log in or out. Network configurations and the files that are open in a system are less time-sensitive and fall further down the list of priorities for investigators. The forensic toolkit must be diverse to ensure that data retrieval is achieved with minimal alteration (Bui, Enyeart Luong, 2003). In addition, the message digest of each tool should be documented, along with licensing and version information, and command logs. This careful documentation protects users from sudden loss of data or other disturbances during data retrieval. In addition, a number of accessibility issues can be implemented by users, including the placement of screen saver passwords, key remapping and log disabling features, all of which can disrupt the work by investigators, either providing unworkable obstacles or time-consuming hurdles that make complete transfer impossible. Ultimately, the use of OS as a data source is a case-by-case tool dependent on the availability of other sources and the specific needs and tools of investigators. Routers and Network Traffic Among network configuration data sources, router activity and network sourcing has the potential to provide the most specific amount of incriminating activity for forensic use. Forensic equipment should have time stamping capabilities activated to provide an accurate time signature of network interaction between an end-user and a router or switch (Schwartz, 2011). Importantly, firewalls and routers that are tied to a network often provide network address translation which can offer additional information by clarifying configuration or additional IP addresses on a network (Huston, 2004). There are a number of tools available to people seeking an analysis of network activity, including packet sniffers and intrusion detection systems (Marcella Menendez, 2008). These tools help investigators examine all packets for suspicious IP addresses and special events that have occurred across a network. This data is usually recorded and analyzed so that investigators can compare unusual events to evaluate network weaknesses and special interests of would-be attackers. This is of great interests to security agents determined to identify and stop potential network intrusions. A number of technical, procedural, legal and ethical issues exist when examining and analyzing network data. It is imperative that investigators be sure to avoid disconnected from a network or rebooting a system during data retrieval. They should also rely on live data and persistent information. Finally, it is important to avoid running configuration commands that could corrupt a network or its activity (Gast, 2010). Issues such as storage of large amounts of data over a highly trafficked network and proper placement of a decryption device along a network can impact how data is available and whether or not it maintains integrity. It is also important to consider the ethical and legal issues of data retrieval along a network when it involves sensitive data, such as financial records and personal information like passwords. In many cases, ethical issues can be circumvented with careful documentation and the publication of organizational policies and procedures that are strictly followed. However, these are all issues that must be considered in the analysis of network trafficking as a data source. Social Network Activity The sheer volume of social network activity Ã¢â‚¬â€œ such as that on Facebook, Twitter, and Instragram Ã¢â‚¬â€œ makes examining it as a data source great potential as a forensic tool. To this point, the little available research on social network data has failed to come up with a comprehensive framework or set of standards for investigators. Social network tools across mobile platforms invariably have geolocation services. However, the use of these as a data source has been questioned from ethical and legal perspectives (Humaid, Yousif, Said, 2011). The communication layer of social media applications on mobile devices can yield rich data, such as a browser cache and packet activity. Packet sniffing can expose unencrypted wifi use and third party intrusion across a social network. However, these tools are highly limited when they are restricted to social network activity. The best tools may be the ability to create a social footprint, which includes all friend activity, posted pictures and videos, communication habits, and periods of activity. For most people, this information is only available on social network websites and is not stored on a userÃ¢â‚¬â„¢s hard drive. A certain climate of permissibility tends to apply to social network use, in which users are prone to making data available online that they would not otherwise expose. All of this strengthens the use of social networks as a data source. The greatest pitfall to social network activity is the malleability of the material. Users frequently change their habits, including the times of the day and the users with whom they connect. Cumulative social network data can be used to create a graph of all activity across a variety of factors, including time, space, usage, and devices (Mulazzani, Huber, Weippl). But this is a rapidly changing field. There is little doubt that the cloud computing data storage and continued growth of social networks will change this field quickly, which could quickly undermine past data that has been retrieved. Potential Usefulness in Specific Events The usefulness of a data source is strictly tied to the event it is intended to investigate. It is imperative that investigators are clear on their goals prior to selecting a source to retrieve and analyze data from. For example, a network intrusion would be best tackled with an examination of network traffic, followed by social network analysis, Operating Systems, and data file systems. Network analysis is less prone to attacking strategies that can compromise file and OS data. It can observe network traffic to find anomalous entities and their entry point within a network. It can also identify source and destination data by data recovery and access to routers r other network access points (Aquilina, Casey Malin, 2008). This is critical information for network intrusion investigations. Operating Systems enable access to volatile data, but this is limited by single-time use and data integrity issues. Most OS examinations look at network connections first, which is often another way of accessing the same data. File storage and social network analysis tend to offer peripheral views of the same material. Operating systems are the most helpful data source in malware installation investigation, followed by network traffic, data files, and social network activity. Examination of volatile data offers a range of data, including network connections and login sessions, which are primary tools for finding the source of malware installation (Aquilina, Casey Malin, 2008). Maintaining the integrity of data through quick retrieval and minimal footprints helps ensure its usefulness. At the same time, monitoring network traffic in a pro-active manner is often the surest way of pinpointing time signatures and matching them with network activity (Marcella Menendez, 2008). The best data sources for identifying insider file deletion are data files, network traffic, social network activity and OS. Each source offers benefits for this type of investigation, but data file collection and analysis yields bad clusters and slack space, both of which pinpoint the likelihood of deleted files. Recovery can begin from this point. Network activity and OS data retrieval can lead investigators to unusual login attempts and anomalous activity in order to pinpoint the location of deleted files along a network. At the same time, social network examination can help investigators understand reasons for deleted files and even learn more about the habits and lifestyle of a likely perpetrator. In the end, a collection of each of these sources provides a rich, revealing glimpse at deleted file activity. Conclusion Network traffic, data files, operating systems, and social network activity are four common data sources in digital forensic. Each provides a unique opportunity and set of risks for investigators, and the source should be chosen based on clear objectives and awareness of all circumstances. In many cases, the best choice is a combination of sources to provide multiple opportunities to arrive at the relevant evidence. Another factor is whether the data search is reactive or pro-active, with network traffic often providing the best source of evidence in a pro-active, forward-thinking environment. The variable of time must also be considered, specifically with respect to how investigators approach volatile data. Each of these issues must be considered when evaluating data sources. References Aquilina, J. , Casey, E. Malin, C. (2008). Malware forensics: Investigating and Analyzing Malicious Code. Burlington, MA: Syngress Publishing. Bui, S. , Enyeart, M. Luong, J. (2003, May). Issues in Computer Forensics. Retrieved ttp://www. cse. scu. edu/~jholliday/COEN150sp03/projects/Forensic%20Investiga tion. pdf Garfinkel, S. (2010). Digital forensics research: The next 10 years. Digital Investigation, 7. 64-73. Gast, T. (2010). Forensic data handling. The Business Forum. Retrieved from http://www. bizforum. org/whitepapers/cybertrust-1. htm Humaid, H. , Yousif, A. Said, H. (2011, December). Smart phones fo rensics and social networks. IEEE Multidisciplinary Engineering Education Magazine, 6(4). 7-14. Huston, G. (2004, September). Anatomy: A look inside network address translators. The Internet Protocol Journal, 7(3). Retrieved from http://www. cisco. com/web/about/ac123/ac147/archived_issues/ipj_7- 3/anatomy. html Marcella, A. Menendez, D. (2008). Cyber Forensics: A Field Manual for Collecting, Examining, and Preserving Data. Boca Raton, FL: Auerbach Publications. Mulazzani, M. , Huber, M. Weippl, E. (n. d. ). Social network forensics: Tapping the data pool of social networks. SBA-Research. Retrieved from http://www. sba- research. org/wp-content/uploads/publications/socialForensics_preprint. pdf Purita, R. (2006). Computer Forensics: A valuable audit tool. Internal Auditor. Retrieved from http://www. theiia. rg/intAuditor/itaudit/archives/2006/september/computer- forensics-a-valuable-audit-tool-1/ Schwartz, M. (2011, December). How digital forensics detects insider theft. InformationWeek Security. Retrieved from http://www. informationweek. com/security/management/how-digital-forensics- detects-insider-t/232300409 Sindhu, K. Meshram, B. (2012). A digital forensic tool for cyber crime data min ing. Engineering Science and Technology: An International Journal, 2(1). 117-123. Sindhu, K. , Tripathi, S. Meshram, B. (2012). Digital forensic investigation on file system and database tampering. IOSR Journal of Engineering, 2(2). 214-221. How to cite Business Continuity Plan, Papers

Friday, December 6, 2019

English Edward Scissorhands Essay Example For Students

English Edward Scissorhands Essay Almost immediately we are introduced to the childlike theme in this story through the altering of the 20th Century Fox symbol. The snow and silver-like lighting block out any traces of a golden, bright environment, which we are used to seeing in the regular 20th Century Fox symbol. And this use of cold, dark lighting is unusual as we often associate childs play with bright, happy colours such as yellow, orange or green.Ã‚ The camera now switches to a tracking shot up the stairs of the castle and suggests that we, the viewers, are sneaking in. All the while, soft and childlike music is playing in the background and this increases the childish atmosphere and creates a calm, slow pace. We now see a collection of cookies ranging from animals to hearts and stars to little men; possibly children. These cookies could be letting us know a little something about Edward. Perhaps the hearts mean that even though he is a robot, he still has a heart and is loving and caring. And the children could be signifying that Edwards mind is not like a grown-ups. They could be telling us that even though he looks dangerous, he is really just an innocent child that has been forced to live on his own with scissors for hands. At this point, we see the castle in its entirety from the window of a warm, golden bedroom, and out into the freezing cold. In this room we see a few things that indicate to us that there is a childish theme. For instance the golden lighting used in this scene. There is a lot of golden light in this scene and this gives off a safer feeling than plain darkness. The two objects letting off this golden aura are the lamp that is placed next to the bed and the fireplace. Another thing that indicates to us that there is a childish theme is the doll that is placed at the end of the bed, which has obvious childish qualities. One thing that is used a lot during the course of the movie is snow. And as we all know it usually snows during winter, and what is in winter? Christmas. Now not only is Christmas about presents, which usually means lots of presents for kids, further linking to the childish theme, but Christmas is about spending time with family and for Edward, this doesnt mean anything. He doesnt have any family and he doesnt receive any gifts, which makes him feel even more of an outcast. Mechanical Theme In the opening sequences we see extreme close ups of machinery and robots. From these extreme close ups, the viewer is left confused and unaware as to what the sole purpose of these robots is. This gets the viewer intrigued as to what there role is and by this, the viewer is more likely to carry on watching. Another thing that is interesting about only seeing parts of robots is that this could be linked with Edward and his scissorhands. By only seeing parts of robots we dont see the full picture, meaning we cannot judge it. But when we look at Edward, we do see the full picture and therefore we judge him and this is exactly what Peg does. She cant see him; all she sees is a black outline of his body, so she is quick to introduce herself and says that she is as harmless as cherry pie. But when she sees the full picture of Edward (his scissorhands) she starts to back off and gets very scared very quickly. .uafcea1ee251dff04ef2f9f2760b4d6b9 , .uafcea1ee251dff04ef2f9f2760b4d6b9 .postImageUrl , .uafcea1ee251dff04ef2f9f2760b4d6b9 .centered-text-area { min-height: 80px; position: relative; } .uafcea1ee251dff04ef2f9f2760b4d6b9 , .uafcea1ee251dff04ef2f9f2760b4d6b9:hover , .uafcea1ee251dff04ef2f9f2760b4d6b9:visited , .uafcea1ee251dff04ef2f9f2760b4d6b9:active { border:0!important; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .clearfix:after { content: ""; display: table; clear: both; } .uafcea1ee251dff04ef2f9f2760b4d6b9 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uafcea1ee251dff04ef2f9f2760b4d6b9:active , .uafcea1ee251dff04ef2f9f2760b4d6b9:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .centered-text-area { width: 100%; position: relative ; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uafcea1ee251dff04ef2f9f2760b4d6b9:hover .ctaButton { background-color: #34495E!important; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uafcea1ee251dff04ef2f9f2760b4d6b9 .uafcea1ee251dff04ef2f9f2760b4d6b9-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uafcea1ee251dff04ef2f9f2760b4d6b9:after { content: ""; display: block; clear: both; } READ: Analyse the poetic techniques used in Robert Frost's The telephone EssayOne thing that I managed to notice is that some of these robots look as if they have faces. Could this be the creator trying to inject some life into his creations? This seems to be the case as he has given Edward a face and other human traits. Why not give these mini-creations lives.Ã‚ When we see the three robots go by, you can see that they are going up and down. This is shortly followed by a collection of cookie shapes. Could these two things be linked in any way? Perhaps these robots were cookie-cutting machines. And perhaps Edward was given scissorhands to help in the cutting of the cookies. The colours used in these scenes are primarily black, grey and silver. This suggests to us that the scenes are sad, lonely and dark. Also, the robots suggest to us that the scene is industrial and metal-like, meaning very robotic. Perhaps this could be an insight into the mind of the Creator when he was thinking about creating Edward. This could be him telling himself to make a new robot, a robot that has life.

English Edward Scissorhands Essay Example For Students

Friday, November 29, 2019

The Family as a Social Group Essay Example

The Family as a Social Group Essay The Ã¢â‚¬Å"social fabricÃ¢â‚¬ of modern societies is composed of millions of groups of many types and sizes.Ã‚ Some are as intimate as a pair of lovers.Ã‚ Others, like the modern corporation or university, are extremely large and are composed of many interrelated subgroups.Ã‚ Ã‚ Virtually everyone moves through life with a sense of belonging; that is each person belongs to a social group.Ã‚ Among the different social groups, the family is considered the most significant group around the world. Hence it is my chosen social group as I belong to a family and so does everyone else. Indeed, family experience is a daily part of our lives and is a main concern of everyone.The family is not just the most significant but also the most popular social group all throughout manÃ¢â‚¬â„¢s history.Ã‚ A social group is defined as Ã¢â‚¬Å"two or more people who identify and interact with one another.Ã‚ Each member of a family is enmeshed daily in a network of family interaction.The famil y is defined asÃ‚ Ã¢â‚¬Å"a social group characterized by common residence, economic cooperation and reproduction; it includes adults of both sexes, at least two of whom maintain a socially approved sexual relationship, and one or more children, owned or adopted, of the sexually cohabiting adults.Ã¢â‚¬ As classified by sociologists, a family is a primary group.Ã‚ According to Charles Horton Cooley (1864-1929), a primary group is a small social group in which relationships are both personal and enduring.Ã‚ Bound together by strong and lasting loyalties that Cooley termed primary relationships, the members of a primary group spend a great deal of time together, share many activities, and feel that they know one another well.Ã‚ As a result, they typically display sincere concern for each otherÃ¢â‚¬â„¢s welfare.Ã‚ Ã‚ Ã‚ Ã‚ Moreover, Cooley called personal and tightly integrated groups primary because they are among the first groups we experience in life.Ã‚ In addition, th e family and early play groups also hold primary importance in the socialization process, shaping personal attitudes and behavior.Ã‚ We look to members of primary groups in forming our social identity as well, evident in the fact that members of primary groups almost always think of themselves as Ã¢â‚¬Å"we.Ã¢â‚¬ The strength of primary relationships gives many individuals considerable comfort and security in the familiar social circles of family or friends, people feel they can Ã¢â‚¬Å"be themselvesÃ¢â‚¬ without constantly worrying about the impressions they are making.Members of primary groups display a personal orientation that is; members generally provide one another with personal, financial, and emotional support.Ã‚ Even so, people generally think of a primary group as an end in itself rather than as a means to other ends.Ã‚ For example, we readily call on family members or close friends to help us move into a new apartment, without expecting to pay for their services.Ã ‚ And we would do the same for them.As a social group, family members also recognize leaders Ã¢â‚¬â€œ are the people charged with responsibility for directing the groupÃ¢â‚¬â„¢s activities.Ã‚ Within families, parents have leadership roles, although husband and wife may disagree about who is really in charge.Ã‚ Nowadays, the family generally benefit from two kinds of leadership.Ã‚ That is, both father and mother are both assuming leadership roles.One is the instrumental leadership which refers to group leadership that emphasizes the completion of tasks.Ã‚ In a family this kind of leadership is bestowed on men.Ã‚ As fathers and husbands, men assume primary responsibility for providing family income, making major decisions, and disciplining children.Ã‚ The other kind of leadership, expressive leadership, focuses on collective well-being.Ã‚ That is, expressive leaders take less of an interest in the performance goals of a group than with group morale and minimizing tensi on and conflict among members.Ã‚ Hence it is the purview of women.Ã‚ Mothers and wives historically have encouraged supportive and peaceful relationships among family members.Decision-making styles also characterize fathers and mothers as leaders of a family.Ã‚ Some fathers or mothers are authoritarian leaders, leaders who focus on instrumental concerns, make decisions on their own, and demand strict compliance from family members. Democratic leaders on the other hand, try to include everyone in the decision-making process.Ã‚ Ã‚ Ã‚ Ã‚ Laissez-faire leaders (from the French phrase meaning roughly Ã¢â‚¬Å"to leave aloneÃ¢â‚¬ ) tend to downplay their position and power, allowing family members to function more or less on its own.Ã‚ But leadership style in any particular case depends, in large part, on the needs of the family members itself.A family influences the behavior of its members, often promoting conformity.Ã‚ A familyÃ¢â‚¬â„¢s group conformity may provide a secur e feeling of belonging.Ã‚ But on the other hand, family pressure, however, can be considerable and sometimes unpleasant.Ã‚ Sociologists have confirmed the power of family pressure to shape a member behavior and found that it remains string in adult members as well as young members.A family can also be a reference group among its members or by another social group.Ã‚ A reference group is Ã¢â‚¬Å"a social group that serves as a point of reference for making evaluations and decisions.Ã¢â‚¬ Some families as a reference group set and enforce certain values and norms especially to its own members, while others serve as a standard for comparison.Ã‚ Ã‚ Ã‚ For example, some family members with whom you spend much of your time are a primary and are likely to act as a reference group as well.The family as a primary group tends to be relatively small.Ã‚ The strongest social bonds are formed between two people (i.e. married couples) and are known as dyads.Ã‚ So, the term dyad is u sed to designate a family with only two members.Ã‚ In families, too, the shift from a dyad to a three-member social group or triad happens during the addition of a couple among couples.Ã‚ Though the family as a social group does not have an ideal size,Ã‚ Ã‚ it all depends on the groupÃ¢â‚¬â„¢s purpose.A College is a BureaucracyFormal organizations have explicit (often written) sets of norms, statuses, and roles that specify each memberÃ¢â‚¬â„¢s relationships to the others and then conditions under which those relationships hold. Bureaucracy as a type of formal organization Ã¢â‚¬Å"is an organizational model designed to efficiently perform tasks.Ã¢â‚¬ A college is a bureaucracy as it is characterized by a clearly defined hierarchy with a commitment to rules, efficiency, and impersonality.Ã‚ It has specific structure of statuses and roles.Ã‚ As a bureaucratic organization, Max Weber identified six elements of any college as an ideal bureaucratic organization.1.Ã‚ Ã‚ Posi tions with clearly defined responsibilities:Ã‚ In colleges, people are assigned highly specialized roles that correspond organizational offices.Ã‚ Like the academic deans and presidents of colleges. Ã¢â‚¬Å"The regular activities required for the purposes of the organization are distributed in a fixed way as official duties.Ã¢â‚¬ 2.Ã‚ Ã‚ Positions ordered in a hierarchy:Ã‚ The organization of college offices Ã¢â‚¬Å"follows the principle of hierarchy; according to their responsibilities, that is, each lower office is under the control and supervision of a higher one.Ã¢â‚¬ Ã‚ Like each academic dean has specific subject area heads.3.Ã‚ Rules and regulations: The functioning of a college is governed Ã¢â‚¬Å"by a consistent system of abstract rulesÃ¢â‚¬ and the Ã¢â‚¬Å"application of these rules to specific cases.Ã¢â‚¬ 4.Ã‚ Technical competence:Ã‚ College officials must have the technical competence to carry out their duties.Ã‚ Colleges typically recruit new members according to high standards of set criteria and, later, monitor their performance.5.Ã‚ A career ladder:Ã‚ Work in colleges Ã¢â‚¬Å"constitutes a career.Ã‚ There is a system of Ã¢â‚¬ËœpromotionsÃ¢â‚¬â„¢ according to seniority, or to achievement, or both.Ã¢â‚¬ 6.Ã‚ The norm of efficiency: A college as Ã¢â‚¬Å"a purely bureaucratic type of administrative organizationÃ¢â‚¬ ¦ is from a purely technical point of view, capable of attaining the highest degree of efficiency.Further, a college is an ideal bureaucracy as it is a model of efficiency. The college as a bureaucracy made human social life more Ã¢â‚¬Å"rational.Ã¢â‚¬ Rules, impersonality, and the norm of efficiency are some of the ways in which a college Ã¢â‚¬Å"rationalizesÃ¢â‚¬ human societies.Hence it is even a humanizing bureaucracy as it recognizes teachers and students as its greatest resource.Ã‚ It aims to develop human resources and it does not allow people of one gender or race to dominate in its organization le vel; rather, responsibility and opportunity is available at all levels.

Monday, November 25, 2019

HOW THE WEST WAS WON essays

HOW THE WEST WAS WON essays World War II came without warning or invitation for the people of the South Pacific and brought issues that few understood. The war became a period of excitement, hardship, and at the same time, of material abundance. Their islands, the place they called their homes, were abruptly exposed and used as never before to new outside influences and by uninvited guests. "Their harbours were used by fleets of warships, while onshore bases were built to house troops, and landing fields were constructed to service a suddenly created aircraft traffic," (Howe 156). Pacific Islanders were for the most part, observers of the war and the turmoil it generated, rather than constituents. Although there were a number of them who were actively and directly entangled and played crucial roles, there are still very few published accounts of Pacific Islanders camaraderie in the war. Their involvement had gradually disappeared over the years in the record books, as so did their island paradise. World War II cast a dark shadow in the South Pacific. The Islanders were in no doubt victims of the war, mere bystanders, innocent, and oblivious to the outside world before the invasion. It was a terrible and untamed place to fight a war. The South Pacific was home for a population that was quite large considering the lack of towns and economic development during that time. "There were perhaps 2.5 million people living in New Guinea and the Solomons during World War II," (Bergerud 104). Much of the Solomons was concealed paradise, although colonized for centuries before. Large areas of the inland mountains of New Guinea had no or little direct organized contact with the Western world whatsoever, until the war. The population consisted of scores of linguistic and ethnic groups that possessed markedly different cultures in numerous ways. "A coastal villager from the Solomons might well speak English, read the Bible, and periodically work at a nea...

Thursday, November 21, 2019

Hawaiian Tropical Reef Research Paper Example | Topics and Well Written Essays - 1000 words

Hawaiian Tropical Reef - Research Paper Example This is a spectacle nature orchestrates for the continuation of the string of different life forms. There is a vibrant dominance of coral reefs that make life possible at the deepest part of it. This is due to the fact that the integral components of it are different species or diverse groups of aquatic flora and fauna in which each of them has elemental role to play for the success of maintaining the balance of life. Unacquainted about it, the tropical reef in Hawaii may be one of the most restless places on earth as life in there would never stop to transform. There would always be a perfect story of adaptation and survival. Change is eminent in this place as combined efforts of adaptation, survival and transformation have become integral components of making what Hawaiian tropical reef is all about. After all, it is an ecosystem where the perfect drama of life, story of survival, adaptation or migration takes center stage. In other words, Hawaiian tropical reef is a natural ecosys tem where there is a huge number of flora and fauna trying to benefit from each other. All forms of interaction can be observed in here. This ecosystem substantially covers the entire aquatic area of responsibility of Hawaiian geographic location. Coral reefs are formed from the fusion of calcium carbonate which would result to either hard or soft corals (Miththapala 1). Some corals take time to develop and others do not undergo a long process in their formation. However, all of these types of corals could be remarkably observed at the Hawaiian tropical reef. In other words, there are varieties of corals found beneath the captivating view of HawaiiÃ¢â‚¬â„¢s ocean. One benefit of these coral reefs is that they have become home to a wide range and huge number of different microorganisms. In fact, Hawaiian tropical reef is loaded with tropical reef fish (Foster 54). These living organisms are just among the thousands and possibly millions of life forms of flora and fauna that seeks to find their survival in the Hawaiian tropical reef. There is a constant interaction between these organisms. As plants not only provide food for the primary consumers, they also give off oxygen for the benefits of those organisms requiring it for their breathing. In the same way, animals give off carbon dioxide for the benefits of the plants living as integral component of the coral reefs. It is of interest why Hawaiian tropical reef became a marvelous spot and perfect attraction not only among the locals, but substantial number of visitors all throughout the year. In reality, the Hawaiian ArchipelagoÃ¢â‚¬â„¢s geographic location has something to do with this. Hawaii is located somewhere in the world where there is a perfectly combined atmosphere for subtropical climate which prohibits multiplication of coral reefs in a cool winter ocean water, but beneath there is also a need to encourage flow of its warmer counterpart that needs to take place for the whole year (Lau and Mink 227). In other words, the vast population of coral reefs in Hawaii could be largely attributed to the natural combination of both cool and warmer flow of ocean water which further could be ascribed to the subtropical climate. I really did enjoy reef walks at Hawaii tropical reefs; it would happen during the lowest tides of the month. At this moment, various creatures will be clearly visible

Wednesday, November 20, 2019

Case study report Example | Topics and Well Written Essays - 3000 words

Report - Case Study Example Today organizations are emerging as diverse workforce in terms of gender race and civilization. Therefore, changes in the organization demographic condition and rapid advancement in technology lead to unresolved disputes in the workplace, which raises the issue of equal employment legislation. By definition, diversity refers to a variety of demographic features describing a companyÃ¢â‚¬â„¢s workforce, which comprises of race, sex, culture, religion etc. It signifies removing the difference among the people belonging to different cultures, gender, caste etc. In short, managing the diversity maximizes the diversities of companyÃ¢â‚¬â„¢s demographic characteristics and minimizing the potential barriers in the workforce, which can hamper the companyÃ¢â‚¬â„¢s growth and performance. By conducting diversity management programs in the organization, managers will be able to provide strong leadership in the diverse workgroup through which they can represent themselves as role models for exemp lifying their pro diversity behaviors and helping each individual in the workgroup to overcome from the different circumstances. Therefore, good management practices will help the organization to attract the best talents from different sources and in this way, the company will be able to save his time and money in recruitment and turnover costs. Today managing the diversity has become a biggest challenge for the organization to manage the generation X, generation Y, and baby boomers. These three generations in the workforce include unique characteristics that make them different from the members of the other workgroup. Therefore, one should care about managing the diversity because it will help the managers to gain the commitment from the employees and developing a better working force. In other way, it will help the organization to create a pleasant and healthy environment in order to attract the new generations and gaining the reputation in the market. For example, SingaporeÃ¢â‚¬â „¢s workforce focuses on creating culture diversity in their workforce by engaging employees from different generations, nationalities, caste etc that develops a sweet and pleasant environment in an organization. Hence, it has proved that managing diversity in the workforce is important because it helps the organization to assess the performance of the employees. In contrast, if the HR is not able to manage the diversity present in teams, the teams overall performance will lead to employee dissatisfaction in the working environment. Therefore, diversity within a team may strengthen the teamÃ¢â‚¬â„¢s external communication and its ability to interact and coordinate with the other teams (Kepner, Wysocki, Lopez & Green, 2012). Now days, the managers need to understand that mostly women impel the diversity in the organizations. Recruiting single mothers and increasing the participation level of the women will help the organization in building a reputation in the market and improving the quality of working life. While managing the diversity in the workplace managers need to understand that diversity not only indicates employeesÃ¢â‚¬â„¢ belonging from different nationalities but it is the different individuals who carry with themselves the

Monday, November 18, 2019

Marketing Plan Essay Example | Topics and Well Written Essays - 1250 words - 2

Marketing Plan - Essay Example During the initial phase, Lifestyle Electronics will enter the foreign country through joint venture with a local brand (Belu & CÃ„Æ'rÃ„Æ'gin, 2008). Another major market advantage rests in the selection of foreign nation. The country selected is Indonesia, a fast-emerging nation with a growing youth population as well as rising income levels. The major strength of Lifestyle Electronics lies in its wide product assortments. The company will source products from big and known brands across United States, which will hugely boost its overall awareness and initial profitability. Most consumer electronics companies are from US and this provides a competitive advantage to the company. Joint venture with a local brand will give an edge over other independent electronics chains, as local consumers will have more trust and faith on the joint venture organization. Being a start-up company, the major weakness will be to establish rapport and build long-term relationship with companies in the foreign market. Consumer electronics is an already established and saturated market and thus, Lifestyle Electronics will have to continuously innovate, in terms of its services as well as communication, in order to gain a competitive edge. Lack of proper market research will also be a challenge for the start-up in order to track the desired customer base. No market reputation or market presence in the foreign market is also a weakness. The cash flow will be hugely unreliable during the early stages of business establishments. Entering into a new market can also make staffs and employees vulnerable to leaves and sickness. Indonesia is considered as a fast-emerging market. However, not many consumer electronics companies have penetrated into this region. Therefore, chances of successful establishments are high. Initial talks with the local council have been positive and the local government will provide

Saturday, November 16, 2019

Company Law of Directors Duties

Company Law of Directors Duties Chapter 1: DirectorsÃ¢â‚¬â„¢ Duties Formulating a system for holding directors accountable has never been easy. As Roach put it, directorsÃ¢â‚¬â„¢ duties must be gleaned from Ã¢â‚¬Å"a confusing and compendious mass of case law and the occasional statutory measure.Ã¢â‚¬ [1] Given the vast variations in the types of companies that exist, and the types of directors that exist, a universal approach has not always been easy to apply. Nevertheless, the law sometimes seeks to impose a single standard of conduct on all directors, regardless of the nature and characteristics of the company, and the level of involvement of the director. While recent statutes have started to distinguish between private and public companies, and may vary the duties of a director depending on which type of company is concerned, the vast majority of the case law on directorsÃ¢â‚¬â„¢ duties makes no such distinction and is of general application. There is therefore a complex body of statutory and case law which attempts to both define the duties tha t a director owes to the company, as well as the level of care that must be exercised when performing such duties.[2] As well as statute and case law, a number of standards and codes of practice have also been formulated which seek to define the nature of the duties owed by directors to companies. The first of these to be considered here is the Cadbury Committee, which was established in 1991 following a number of financial scandals that occurred during the previous decade. It was widely acknowledged that reform was needed in company law to allow shareholders and other stakeholders to hold directors more directly accountable for the consequences of their actions. The Cadbury Committee focused on financial control mechanisms to be used by the Board of Directors, and on auditing procedures, and published its report at the end of 1992.[3] The report focused mainly on larger listed companies and its main conclusion was that a Code of Best Practice should be drawn up and which the Boards of Directors of such companies would be obliged to follow. For smaller companies, it would not be obligatory to comply with the code, but if they chose not to, they would have to publish the reasons why they had chosen not to.[4] Adherence to the Code would be made a listing requirement, which would help ensure compliance among listed companies. The benefits of the Code would be to make corporate governance more open and transparent, would make the equities markets more efficient, would make boards more accountable and also more responsive to the needs of the company, and would allow shareholders to exercise greater control and scrutiny over boards. The report was an early supporter of the importance and need of non-executive directors[5] and recognised that executive and non-executive directors play very important complimentary roles. This area proved to be controversial as many saw the creation of two classes of directors as a threat to the traditional unitary nature of boards. However, the report found that non-executive directors could play a vital role in Ã¢â‚¬Å"reviewingÃ¢â‚¬ the performance of the executive directors, as well as taking measures to avoid and deal with Ã¢â‚¬Å"potential conflicts of interestÃ¢â‚¬ [6]. While the report emphasised the importance of financial auditing of companies, it did not go into detail on what should be disclosed in such audits, nor did it consider the controversial area of auditor liability. These were issues which would later become the subject of heated debate. The Report was also an important element in the growth of shareholder activism in the UK, and it concentrated on the steps that institutional shareholders could take to ensure compliance with the Code. In response to the issues raised in the Report, the Institutional Shareholders Committee[7] published its own paper, Ã¢â‚¬Å"The Responsibilities of Institutional Shareholders in the UKÃ¢â‚¬ [8] which dealt with many of the issues raised in the Cadbury report. The paper stated that Ã¢â‚¬Å"Because of the size of their shareholdings, institutional investors, as part proprietors of a company, are under a strong obligation to exercise their influence in a responsible manner.Ã¢â‚¬ This paper marked a new era in UK shareholder activism and promised to make shareholders more involved in making boards more accountable. The paper went so far as to recommend Ã¢â‚¬Å"regular, systematic contact at senior executive level to exchange views and information on strategy, performance, Board Membership and quality of managementÃ¢â‚¬ [9]. Regarding the composition of boards, the paper recommended that institutional investors look carefully at Ã¢â‚¬Å"the concentration of decision-making power not formally constrained by checks and balancesÃ¢â‚¬ and Ã¢â‚¬Å"the appointment of a core of non-executives of appropriate calibre, experience and independence.Ã¢â‚¬ [10] Therefore, this new investor oversight was taken for granted in the Cadbury report as another force that would improve the governance of large companies. The Cadbury Report has not been without criticism. Many feared that its recommendations, which put a strong influence on non-executive board members, would lead to the creation of a two-tiered board, a development that was seen as unnecessary and inefficient.[11] The voluntary nature of the Code has also been criticised. As a listing requirement, the Code also drew some criticism on the London Stock exchange which was given the task of enforcing and implementing the Code. Concerns led to the establishment of a follow up report prepared by the Hampel Committee, which re-examined the issues at stake, the criticisms which had been raised, and the conclusions reached in the Cadbury Report. The conclusions of the Hempel Committee were strongly supportive of the Cadbury Report and it was not long before the Ã¢â‚¬ËœCombined CodeÃ¢â‚¬â„¢ was drawn up, and implemented by the London Stock Exchange which listed companies were bound to implement, or give reasons for not doing so. The Combined Code now requires that boards implement a Ã¢â‚¬Å"sound system of internal controlÃ¢â‚¬ which must consider all significant risks facing the company, the effect they might have on the company, and the costs and advantages of various means of dealing with such risks. The Code also deals with the terms and conditions on which directors are employed, including their pay packages incentive schemes, and termination payments. When speaking of the duty owed by directors to a company therefore, this includes the legal duties imposed on directors by the case law and statutes dealing with the subject, as well as the soft-law measures implemented in the Combined Code. Such duties may be owed to the company itself, or to shareholders or other stakeholders such as shareholders, employees, creditors, and the general public. That said, it must be remembered that in a legal sense, the duties owed by directors is to the company as a legal person, and not shareholders or other stakeholders. The case of Percival v Wright [1902] 2 Ch 421 established beyond a doubt that the duties of directors is to the company. This case concerned a transaction in which a number of directors purchased shares personally from shareholders at a price of Ã‚ £2 10s. The directors knew that another purchaser wanted the shares and was willing to pay a substantially higher price. The shareholders sought to have the transaction set aside as a breach of duty to the company. Swinfen-Eady J found that the directors had breached no duty to the company, and that no such duty was owed to the shareholders qua shareholders.[12] The case of Scottish Co-operative Wholesale Society Ltd v Meyer [1959] AC 324 also illustrates the point. In that case, a parent company appointed some of its directors as directors of a subsidiary. These directors pro ceeded to act in the best interests of the parent, but Lord Denning pointed out the directors Ã¢â‚¬Å"probably thought that Ã¢â‚¬Ëœas nomineesÃ¢â‚¬â„¢ of the [parent company] their first duty was to the [parent company]. In this they were wrong.Ã¢â‚¬ The duty of directors is always to the company they are acting for, regardless of the external relationships that the company, or they personally, may have with other persons. Currently there are proposals afoot to allow directors to act in the interests of a group of companies, as this is what happens in reality in many cases, especially where the shareholders and directors of the various companies are identical. Without shareholders seeking a profit from a company, it can be argued that a company is a meaningless concept, or a piece of paper without a purpose. The law therefore recognises that in most cases, the interests of the company, will be closely connected to the interests of the members of the company, the interest of both being to make a profit. However, as shown above, the interests of the members are not paramount, and difficulties will always arise in equating the interests of the company with the interests of the members due to the fact that in many situations, the members will have different opinions and conflicting interests which cannot all be met. Section 172 of the Companies Act 2006 also adopts the Ã¢â‚¬ËœenlightenedÃ¢â‚¬â„¢ approach which calls for the interests of the company to be interpreted widely and not only as the maximisation of profits at a cost to all other considerations. Employees are one group whose interests the directors must Ã¢â‚¬Å"have regardÃ¢â‚¬ to un der section 172. This is part of the general duty owed to the company and as such, must be enforced by the company, and not the employees. Many have criticised this provision as meaningless, as employees cannot enforce it, however, given that it is a requirement of the Companies Act, it must be expected that the majority of boards will consider the impact their decisions will have on employees, and such consideration will be minuted. While the provision may not prove capable of persuading callous directors to act other than in the interest of profit maximisation, it will certainly support the efforts of directors who do wish to improve conditions for employees. It also remains to be seen how this provision will be enforced by companies and it may transpire that a strong line of case law will develop which will persuade directors to give genuine consideration to the interests of employees. Another group whose interests must be considered under section 172 is creditors. In Lonrho v Shell Petroleum [1980] 1 WLR 627 Lord Diplock stated, at page 634, that the best interests of the company Ã¢â‚¬Å"are not exclusively those of its shareholders but may include those of its shareholders.Ã¢â‚¬ Since it is the members who appoint directors, it would be tempting for directors to seek to promote only their interests, however, as the court recognised, it is often the case that creditors have put significant money into a company and their interests must be taken into account. Lonrho concerned a company that was solvent at the relevant time. The position regarding an insolvent company arose in The Liquidator of the Property of West Mercia Safetywear Ltd v. Dodd and Another [1988] BCLC 250. In this case the Court of Appeal confirmed that when a company was insolvent, its interests include those of its creditors. In Winkworth v Edward Baron [1987] BCLC 193 Lord Templeman found that th e duty was owed directly to the creditors and in Brady v Brady [1989] 1 AC 755 Nourse LJ stated that where a company was insolvent, or its solvency was at risk, the interests of the company and its creditors were identical. According to Finch therefore, the creditors interests must always be taken into account to a limited extent, but as the company approaches insolvency, the interests of creditors must be given greater weight, until the interests of both groups coincide on insolvency.[13] The full extent of the Ã¢â‚¬Å"success of the companyÃ¢â‚¬ as it is termed in section 172 of the 2006 Act includes a duty of directors to have regard to Ã¢â‚¬Å"(a) the likely consequences of any decision in the long term, (b) the interests of the companyÃ¢â‚¬â„¢s employees, (c) the need to foster the companyÃ¢â‚¬â„¢s business relationships with suppliers, customers and others, (d) the impact of the companyÃ¢â‚¬â„¢s operations on the community and the environment, (e) the desirability of the company maintaining a reputation for high standards of business conduct, and (f) the need to cat fairly as between members of the company.Ã¢â‚¬ It can be seen that there has been a steady broadening of the concept of the interests of the company to include more and more interests that a pure profit motive would fail to embrace. In March 2000, the DTI Company Law Review Committee stated that an Ã¢â‚¬Å"inclusive approachÃ¢â‚¬ should be adopted.[14] They pointed out that societyÃ¢â‚¬â„¢s interest in company law was that it promote Ã¢â‚¬Å"wealth generation and competitiveness for the benefit of allÃ¢â‚¬ , and that this can better be achieved if directors are forced to take into account Ã¢â‚¬Å"all the relationships on which the company depends.Ã¢â‚¬ The approach adopted in the Companies Act 2006 towards the creation of a statutory Ã¢â‚¬Å"general dutyÃ¢â‚¬ owed by directors to the company is a progression of this concept with section 170(3) stating that Ã¢â‚¬Å"The general duties are based on certain common law rules and equitable principles as they apply in relation to directorsÃ¢â‚¬ ¦Ã¢â‚¬ At subsection (4) it states Ã¢â ‚¬Å" The general duties shall be interpreted and applied in the same way as common law rules or equitable principlesÃ¢â‚¬ . This is clearly maintaining the case law that has built up over the past centuries as the framework on which the new statutory general duties are based. It remains to be seen what effect the new statutory duties contained in section 172 of the 2006 Act will have on this case law. Therefore, in looking at the duties owed by directors, it is necessary to read both the statutory provisions and the pre-existing case law together. These both make a distinction between the Ã¢â‚¬ËœfiduciaryÃ¢â‚¬â„¢ duties that directors owe the company, and their duty to act with Ã¢â‚¬Ëœreasonable care, skill and diligence.Ã¢â‚¬â„¢ Under section 174 of the 2006 Act a director Ã¢â‚¬Å"must exercise reasonable care, skill and diligence.Ã¢â‚¬ The content of this duty has been long ago established by the courts and in The Marquis of ButeÃ¢â‚¬â„¢s Case [1892] 2 Ch 100 the limits of the duty were clearly set out. That case concerned the Cardiff Savings Bank, which allowed by tradition the Marquis of Bute to inherit the presidency of the bank from his father. The Marquis in question became president at the age of six months, and in the following 38 years, he attended only one board meeting. He therefore had no awareness of the business or involvement in it, and the court found that he was not expected to be involved. When financial irregularities by the board were uncovered, the court found that the Marquis was not liable due to his remoteness from the business, despite his formal position on the board. However, it appears as if the courts quickly grew stricter and in Dovey v Cory [1901] AC 477 a director escaped lia bility for malpractice but only because he had relied on information given to him by the chairman and general manager of the company, and his decision to do so was reasonable and not negligent. The extension since the MarquisÃ¢â‚¬â„¢ case therefore, was the application of a reasonableness test. The standard was further developed in Re City Equitable Fire Insurance [1925] Ch 407 in which three rules were established. These were that: a director must show the skill and diligence that could be expected from a person with his knowledge and experience; his duties are intermittent, and exercised only at board meetings where he participates in decision making; where reasonable, a director is free to delegate tasks and responsibilities to other employees. These rules were affirmed in Dorchester Finance Co. Ltd v Stebbing [1989] BCLC 498 which stated that they applied equally to executive and non-executive directors. One of the features of the standard set out in Re City Equitable Fire Insurance is the fact that the standard is not that of the professional man, but the reasonable man with the skill and experience that the director in question subjectively possesses. This subjective test is useful for most companies as the more complicated the operation and the more money that is at stake, the more qualified the director is likely to be and the higher the standard. The standard will fall short in cases such as the Marquis of Bute, but this is more to do with the fact that a woefully unsuitable candidate has been appointed to the board, such as a six month old baby. In all but such extreme cases therefore, the subjective case set out in Re City Equitable will be sufficient. The second rule only requires the director to attend meetings and make himself aware of the business of the company Ã¢â‚¬Å"whenever in the circumstances he is reasonably able to do so.Ã¢â‚¬ Again this approach gives the law fl exibility to allow for very different types of director, depending on the nature of the business. So for example, you could have an elderly family member sitting on the board because he knows the history of the business, and he will not be required to pay constant attention to the business, but simply offer his guidance when reasonably practicable. You could also have, as most companies do, full time salaried directors who are paid to spend all of their time and attention on the affairs of the company. As both types of director will be useful in various circumstances, the law allows for both, and requires each of them to be as aware of the dealings of the company as is reasonable in the circumstances. The third rule allows directors to delegate responsibility to others, and it might be feared that this will be used by directors to avoid responsibility. However, when taken together with the other rules of the test, it is apparent that a director cannot delegate all of his responsibilities and disallow all awareness of the dealings of the company. He will still be required to be reasonably aware of what is going on and only to delegate tasks which it is reasonable for him to do so, taking into account the nature of business and the circumstances of the case. However, there are many instances in which these three rules will not protect investors or other stakeholders, for example in the Marquis of Bute case, and there have been calls for some time for an objective standard to be introduced into the law. The DTI Company Law Review Committee, in the 2000 report mentioned above, pointed out that an objective standard has been adopted for the protection of creditors by section 214 of the Insolvency Act 1986[15] and in the case of Re DÃ¢â‚¬â„¢Jan of London Ltd [1993] BCC 646 Hoffman LJ found that the objective standard set out in section 214 of the 1986 Act reflected the standard that all directors were bound to meet when upholding their general duty. Therefore, the objective standard first set out in the insolvency context became the general standard owed by directors in all cases, and section 174 of the 2006 Act affirms that both the objective and subjective standards apply. At section 174(2) the 2006 Act states that the standard required is that which may be met by a Ã¢â‚¬Å"reasonably diligent person with (a) the general knowledge, skill and experience that may reasonably be expected of a person carrying out the functions carried out by the director in relation to the company, and (b) the general knowledge, skill and experience that the director has.Ã¢â‚¬ Therefore, as a minimum, the director will be required to demonstrate the care and skill that a reasonable director of a company of that type and standard would be expected to demonstrate. This allows for some flexibility as this minimum standard can still vary depending on the business, so that the director of a small family business will have a lower standard than the director of a FTSE 100 company. At the same time, if a director is chosen because of his particular characteristics, which make him qualified above and beyond what one might expect, he will be held to this higher, subjective standard. This standard, which upholds an objective minimum standard, which may be increased if the director in question is unusually highly qualified, seeks to strike a balance between protecting the interests of the company, and allowing directors to feel relatively at ease with the personal liability they have taken on board. A different approach was adopted in the USA, where the Supreme Court of Delaware, in Smith v Van Gorkom [1985] 488 A.2d 858 found the ten directors of Trans Union Corporation liable in the sum of $23.5 million for agreeing to a takeover without first valuing the shares of the company. While this failure seems fundamental, the sale of the companyÃ¢â‚¬â„¢s shares was set to take place at a price significantly higher then the quoted price of the shares on the stock exchange, and the takeover would undoubtedly have benefited the company. The massive liability was imposed without any allegation of fraud or breach of fiduciary duty and resulted in a marked unwillingness of q ualified persons taking on the role of non-executive director, at least for a time. It also resulted in a number of states, including Delaware where the decision was made, enacting legislation which allowed companies to exclude or limit the liability of directors for negligent breach of their fiduciary duties. Such a situation has not occurred in English company law, and the standard adopted in section 174 is measured to avoid the need for such a development. The second main area of directorsÃ¢â‚¬â„¢ duties falls under the heading of fiduciary duties. At its most simple, this covers the requirement that directors act bona fides in respect of the company. The case law that developed however sets out a number of common instances in which directors are in danger of breaching this duty, and the 2006 Act has proceeded to specify these situations explicitly. While it is not set out as such, the duty to act bona fides can be seen as an overriding interest, which cannot be breached, even when authorised by the shareholders in general meeting. For example, in the case of (Re Attorney-GeneralÃ¢â‚¬â„¢s Reference (No. 2 of 1982) [1984] 2 ALR 447 the directors of the company were the only shareholders. They took money from the company and the interpretation given was that the directors had taken the money with the authorisation of the shareholders. Nevertheless, the court found that this was breach of the overriding duty to act bona fides. The case of R v Phillipou [1989] Crim LR 559 found the same overriding duty and these cases were upheld by the House of Lords in R v Gomez [1992] 3 WLR 1067. Therefore, it can be said that there is an overriding duty to act in good faith and even if a majority of the shareholders approve of the action, the directors may not breach it, and a minority of shareholders, or creditors, and possibly employees and other stakeholders, would be able to have the action set aside. However, it is also possible for directors to breach one of the explicit fiduciary duties, such as using powers for one purpose to achieve a different purpose, which are not dishonest or mala fide. In such cases, the court can find that the breach of the particular fiduciary duty does not place the directors in breach of their overriding duty of good faith, and a majority of the shareholders can vote to authorise such acts. Section 239 of the Companies Act 2006 allows shareholders to ratify breaches of a fiduciary duty, but subsection (7) states Ã¢â‚¬Å"This section does not affect any other enactment or rule of law imposing additional requirements for valid ratification or any rule of law as to acts that are incapable of being ratified by the companyÃ¢â‚¬ . Therefore, the previous case law which was upheld by the House of Lords in Gomez still limits the ability to ratify. In fact, the specific fiduciary duties have been described as Ã¢â‚¬Å"disabilitiesÃ¢â‚¬ and in Movitex Ltd v Bu lfield and Others [1988] BCLC 104 it was upheld that companies could alter their Memorandum and Articles to amend the nature of any fiduciary duty owed by the directors to the company, subject always to the requirement that nothing purported to allow dishonesty. Movitex concerned the concept of self-dealing, which is ordinarily presumed to be a breach of duty. In this case, the company was able to remove this presumption, so that the director was able to engage in self-dealing, but subject to the requirement that he did in fact act in the best interests of the company. A simple example of this would be if a cheese producing company sought to appoint the owner of a supermarket as a director. Self dealing would disable the director from selling cheese to the supermarket he owned, as it would be self-dealing, and very easy for the director to breach his fiduciary duties to the cheese producing company. However, the company could authorise the director to sell to the supermarket concern ed, on condition that he did not abuse this ability and breach his duty of good faith. An ordinarily disallowed activity would be allowed, but would still be subject to the requirements of good faith. The explicit fiduciary duties of the director set out in the 2006 Act are: the duty to act within powers[16]; the duty to exercise independent judgment[17]; the duty to avoid conflicts of interest[18]; the duty to declare interests in proposed transactions or arrangements[19]; and the duty not to accept benefits from third parties[20]. Section 171 requires that the director Ã¢â‚¬Å"(a) act in accordance with the companyÃ¢â‚¬â„¢s constitution, and (b) only exercise powers for the purpose for which they are conferred.Ã¢â‚¬ This is an area where the courts have been quite willing to excuse directors if they have used a power for a collateral purpose and a majority of shareholders have been in favour of it. For example, in the cases of Punt v Symonds Co [1903] 2 Ch 506 and Piercy v S Mills Co [1920] 1 Ch 77, the court allowed the issue of shares by directors to prevent a hostile takeover and to dilute the influence of hostile shareholders, because the majority of shareholders approved. This was despite the fact that the power had been granted solely to allow the raising of capital. However, in Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821 the Privy Council held that where there were two purposes for issuing shares, to raise capital and to prevent a takeover, the proper purpose of raising capital had to be the dominant purpose. In Re Looe Fish Ltd [1993] BCC 368 the directors were disqualified under section 8 of the Company Directors Disqualification Act 1986 for allotting shares for an improper purpose. Section 173 requires the directors to exercise independent judgment. This is a restatement of the common law duty on directors not to Ã¢â‚¬Ëœfetter their discretionÃ¢â‚¬â„¢. This has acted to reduce the risk of directors being in a conflict of interest situation be disabling them from entering agreements which might prevent them from acting in the best interests of the company in the future. In Fulham Football Clun and Others v Cabra Estates Plc [1994] 1 BCLC 363 the company was paid money in exchange for not opposing property development plans. As the planning process drew out, the question arose of whether the directors had fettered their discretion by agreeing never to oppose such plans. However, the Court of Appeal stated that where a Ã¢â‚¬Å"contract as a whole [was] bona fide for the benefit of the companyÃ¢â‚¬ it was valid and the directors could bind themselves to do whatever was required to fulfil it. Section 175 prohibits directors from entering a position where his interests actually or potentially conflict with those of the company. If the constitution of the company permits, the directors can authorise a conflicting situation to be entered into, so long as the relevant director does not vote. Section 175 also requires the director to declare their interests in any contracts, and under section 170, this duty extends after the director has ceased to hold office. The declaration is made to the board. The potential complexity of such situations can be seen in Menier v HooperÃ¢â‚¬â„¢s Telegraph Works [1874] LR 9 Ch D 350 in which the James LJ held that a majority shareholder could not prejudice the interests of the company because of its own conflicting interests. Similarly, in Cook v Deeks [1916] 1 AC 554 the directors sought to conclude the final round of contracts in a large railway development programme in their own names. The court held this was clearly in breach of their duty . In Scottish Co-operative Wholesale Society Ltd v Meyer [1959] AC 324 the directors say on the boards of both a parent and subsidiary company, and as soon as it emerged that the interests of the two companies were conflicting, the directors could not longer remain in that position. As Lord Cranworth said in Aberdeen Railway Co v Blaikie Bros (1854) 1 Macq 461 (HL), Ã¢â‚¬Å"it is a rule of universal application that no one, having [fiduciary] duties to discharge, shall be allowed to enter into engagements in which he has or can have a personal interest conflicting or which possibly may conflict with the interests of those whom he is bound to protect.Ã¢â‚¬ One area that the courts have found difficulty with is when a director comes across a profitable opportunity as a result of his position as director. This situation arose in Regal (Hastings) Ltd v Gulliver [1942] 1 All ER 378 in which a cinema company sought to lease two other cinemas. A subsidiary was formed for the purpose, but the owners of the two cinemas would only agree to the lease if the authorised share capital was paid up. As the parent could not afford to do so, some directors personally purchased shares in the subsidiary. When it came time to sell the shares in the subsidiary, the company demanded that the directors account to the company for the profits they had made, and the House of Lords held that they were liable to do so. This was despite the fact that the company would have been unable to exploit the situation because of its own lack of funds. The same principle was applied in Industrial Developments v Cooley [1972] 1 WLR 443 in which a director learned information which would have been profitable to the company and kept it to himself. He then used the information to secure a position at a rival firm and left his present company. His present company could not have secured this position itself and so could not have benefited in the manner in which the director had. Nevertheless, the court f ound that the director had to account to the company for the profit he had made as a result of information gleaned in the course of his directorship. Gencor ACP Ltd v Dalby [2000] 2 BCLC 734 affirmed that it is no defence that the company would not have exploited the opportunity, although the shareholders can approve of the action and this would justify the director. As a result of the case law and the wording of the relevant provisions of the 2006 Act, it can be concluded that a director is disallowed from entering a position where one of his person