Friday, January 24, 2020

Intelligent Satire in Voltaires Candide Essay -- Candide essays

Intelligent Satire in Candide      Ã‚   In the story Candide, Voltaire uses the experiences of the character Candide and dialogue between characters to dispute the theory by other philosophers that "Everything is for the best in this best of all possible worlds" (Voltaire). Voltaire believed that the society that he lived in had many flaws, flaws which are illustrated throughout the story. Voltaire uses satire to take aim at the military, religion, and societies' emphasis of physical beauty, to illustrate that we do not live in the best of all possible worlds.    One institution that Voltaire takes aim at in Candide is the institution of the military. Voltaire attacks of the military using dialogue between Candide and Martin as they speak during their passage along the shores of England. On their journey they witness the execution of an admiral in the English army. Martin explains to Candide that this admiral was executed for not killing enough people in a battle with a rival French admiral. With this statement, Voltaire illustrates that the military has lost its sense of duty, becoming a machine of brutality instead of an institution to protect the lives of citizens. The manner in which the execution is carried out further illustrates the flaws within this particular society. Instead of secretly executing the admiral, the military made the admiral's execution a ceremony for the public. With this chapter of Candide, Voltaire creates a satirical and brutal view of the not only the military, but also of the citizens of England who come to watch . In most societies, citizens are appalled by such behavior, but in this instance the citizens are accepting of these actions and even condone the murder. All of these points are illu... ...splay what he considers to be the best of all possible worlds. In the story of Candide's travel to the land of Eldorado, Voltaire creates his view of a perfect society, one in which people are kind to one another, money and jewels have no real value to be exploited, and where government is honest. This section of Candide is different from all others, essentially the only positive section of Candide's travels. After analyzing the work, it seems as if the story was not written as a fictional work, but rather a commentary on the state of society throughout Europe.    Works Cited and Consulted: Frautschi, R.L. Barron's Simplified Approach to Voltaire: Candide. New York: Barron's Educational Series, Inc., 1968. Lowers, James K, ed. "Cliff Notes on Voltaire's Candide". Lincoln: Cliff Notes, Inc. 1995. Voltaire. Candide. New York: Viking Publishers, 1998.

Thursday, January 16, 2020

Company Law Legal Organisations Essay

Introduction Thor plc is a Public Limited registered company as per the provisions of Companies Act 1985, listed in London Stock Exchange.   A public limited company must have at least two directors to manage the business affairs of the company apart from a qualified company secretary.   Further public limited companies are also permitted to offer shares to the public to raise funds by way of public offer of shares to a minimum value of   Ã‚ £50,000. Thor plc is a commercial catering company   which has both shares and debentures to its credit.   A public limited company is governed by its Memorandum and Articles of Association which details the entire internal and external boundaries of a director beyond which a director cannot act in any manner.   Chapter 2 Section 171-177 of Companies Act 2006   provide about scope and nature of general duties of a director. Some of the important general duties are : Duty to act within powers and in accordance with the company’s constitution (M&A) and exercise powers dutifully.(Sec.171) Section 172 states that a director must promote and work to the success of a company in bona fide and in good conduct for any long term decisions, in the interests of company employees, fostering the business relationship with business suppliers, customers and others, consider the company’s operations, its impacts on environment     and community.   A director must have interest to maintain the reputation of the company. Section 173 states that a director has the power to exercise independent judgment which is in accordance with the provisions and compliance of legal provisions enabled by Companies Act 2006 and authorized by Company’s constitution and which is not restricted and in contradiction with the agreement entered into between the director and the company. Section 174 states that a director must exercise reasonable care, skill and diligence. Section 175   provides that a director is in a position to always avoid a conflict of interest. Section 176 provides that a director must not accept any benefits   from third parties. Third parties means a person other than the company, a person acting on behalf of a company, an associate body or a body corporate. Section 177 provides that a director can always declare interest in a proposed transaction or arrangement. The proposed interest must be disclosed or declared either in a meeting with other directors, by a notice to other directors in accordance with Section 184   (notice in writing) or Section 185 (general notice). A director need not disclose interest in case the director is of the opinion that (a) the proposed interest for a transaction may give rise to a conflict of interest. (b) To an extent, if other directors are aware of transaction. ( c) The proposal need to be considered in a meeting of directors or by a committee of directors appointed for this purpose under company’s constitution. Section 178 deals with civil consequences of breach of general duties by   a director. Companies Act 1985 imposes a statutory prohibition that it is a criminal offence if a director without the prior permission of the Board, considers an option to sell or buy shares or debentures.   Insider trading is a criminal offence under Financial Services Act 1986 as per sections 61-62A when a private investor or person suffers a loss from breach of statutory duty which is caused by a director. Under Criminal Justice Act 1993 Part V, if a person knowingly commits insider trading, it will be considered as offence if, buy or sell shares is performed in a regulated market, where there is intermediary professional. Encourages another person to deal with such proposals of insider trading. Disclosure of information to persons who are outside of office, employment or profession. All the above offences are penalized either with fine or imprisonment of up to seven years. Mary in the capacity of a director, is entitled to sell Thor Plc shares which are held by Mary in the position of a director only after the prior intimation to the Board and after a resolution has been passed to that extent that certain number of shares held by Mary, the director of Thor plc can be sold. Mary has committed a serious offence by neither intimating the Board about selling of shares, nor took the consent of the Board in which case,   Mary has invited penalties under Companies Act 2006. Further, Mary has also encouraged another shareholder Graham to sell shares by revealing the confidential business information about the company which is also another serious offence which was not supposed to be performed by a director who is in the Board of a company. Mary as director has violated all the legal rules of Companies Act 2006 and has violated the rules of Thor plc. In view of the above, Mary is either required to pay a penalty or seek assistance from a legal practitioner 2(a) In October 2008, certain of the codified directors’ duties come into force. Explain briefly the relevant fiduciary duties which will be applicable prior to that date Directors have the major decision making power in a company. No other position in a company is greater than the position of a director.   The duties of directors are designed in a way that companies’ interests are protected, shareholders interests are protected in order to make corporate business as transparent and efficient.   There are many rules, statutory duties and fiduciary duties for a director’s position which have to be fulfilled in accordance with Companies Act 1985 and as amended by Companies Act 1989.   The government is of the opinion that codification of directors’ duties which are included in the Companies Act 2006, which was granted permission from Royal Assent on 8th November, 2006, ensures the law to be consistent and also enables directors to not to breach any duty that is written in law. Prior to the codification of directors’ duties, the fiduciary duties were prevalent which are briefly explained as below. Further fiduciary duties are of two categories. (1) Duty to act in good faith in the interest of the company and not for any collateral purpose. (2) Duty to not to permit conflict of personal interest with that of duties to be discharged as director of a company.   Ã‚  Fiduciary duties can never be breached by a director wherein case, the director would be held responsible for any loss suffered thereof.   Any profit or loss that is made from the discharge of duties by   a director, must be disclosed to the company in all respects.   Directors owe duties to the company only and not to individual members.   A director must disclose any interest in a proposed contract or a contract in a meeting of the directors of the company.   Director’s service contract must be kept available for inspection by the members.   Service contracts for more than five years must be approved in a general meeting.   Further a director must notify the company about any personal interest in shares of the company.   Personal liability for a director is more when   a director is participating directly or indirectly in fraudulent trading in the event of a company being liquidated or wrongful trading when a company is being declared as an insolvent and the court holds director as liable. When a company is in insolvent liquidation, the directors of the company are not eligible to incorporate another company in the same name or similar to the existing name for a term of five years. In case if a director is floating another company with the similar name, director becomes personally liable for the debts of such new company. Further an officer or director who signs cheques or orders for goods on behalf of the company is also held personally liable for all the transactions of the company, when the name of company does not appear on cheques or order documents.  Ã‚   Company records have to be kept at the registered office for inspection of company law officials or such other authorized persons as per Companies Act 2006. Fiduciary duties of a director are of equal source of personal liability as that of general duties of a director.   All fiduciary duties are self-explanatory whereas all general duties are specific and task-oriented for each director.   Breach of director’s duties result in either as offence, personal liability or termination of directorship as per the provisions of Companies Act 2006. There are totally four directors in Edu-con Ltd who are managing the business affairs of the company.   The constitution of Edu-con Ltd is governed by its Memorandum and Articles of Association of the company which details the powers and duties of directors of Edu-con Ltd and further statutory laws and provisions of Companies Act 2006 apply to Edu-con Ltd for both filing the required statutory documents and for detailing the duties of directors of Edu-con Ltd.,   All the four directors of Edu-con Ltd for responsible for execution of general duties as well fiduciary duties of the company. Part 10 Chapter 1 Section 154 – 169 of Companies Act 2006 details about appointment and removal of directors. Chapter 2 of Part 10 Section 170 – 177 of Companies Act 2006 details about general duties of   directors. Section 252 of the Companies Act 2006 details about persons connected with a director. Section 253 of the Companies Act 2006 details about members of director’s family.   Section 254 states about a body corporate with which the director is connected.   Vera Freet lives with her partner, Bertram Boss who owns a business by name â€Å"Bell Agentis†. Vera Freet did not disclose partner Bertram Boss in any Board meeting and neither while selling the land adjacent to â€Å"Bell Agentis† for value  £350,000 to Edu-con Ltd., whereas it is important for a director to disclose about family members and also about any interest in business proposal that is related to the business management of Edu-con Ltd., Wilson Rabbit who is another director of Edu-con Ltd., has earned a commission of  £900 for awarding a printing contract to Bees Books Ltd.,   In this aspect, Companies Act 1985 states that disclosure of transactions that are within a sum of    £1000 in a financial year need not be disclosed by a director as long as it is a secret commission in terms of monetary benefit earned by a director. It is also important that the acts of directors are within the purview of Articles of Edu-con Ltd., and considered not as an offence.   However it is important that the Board must be notified about the paying of commission by Bees Books Ltd., to the director even though it is a small amount,   for all good purposes and to keep the transparency of the transactions. According to the EU Directive when a company is taken over by another company, existing board or change in board effects the value of   the company. In the present case, Edu-con Ltd has been taken over by another company, and subsequently there is also a change in the board members which means the existing four directors of Edu-con Ltd no longer carry the position of director. Any transactions that are still in term period do not hold good when a director ceases as board member which is relevant in the case of   Wilson Rabbit who has been receiving commission from Bees Books Ltd for printing contract. Similarly the land that is acquired from Bell-Agentis can also be reconsidered whether it should be retained by the new board members.   The new board has every right and authorized to write-off all the transactions that were exercised by previous board basing on the interest of the new board and for making the business good. Conclusion Companies Act 2006 is yet to come into force effectively by the end of the year 2008 as there are many changes in Company Reform Bill to bring order to all the existing UK companies and for all the new companies that are being incorporated. However it is important to always refer Companies Act 1985 as well Companies Act 2006 for deriving the maximum benefits in the matters related to directorships and financial related matters. References Companies Act, 2006 Reviewed 14 April 2008 http://194.131.210.216/eappub/includeimages/2007041722C1FAUHD_Companies%20Act%202006.pdf Company Law guide http://www.youngandpearce.co.uk/corporat.htm Companies Act 2006 and duties of directors Reviewed 17 April 2008 http://www.bytestart.co.uk/content/legal/35_2/companies-act-directors-duties.shtml Companies Act, 2006 Reviewed 14 April 2008 http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060046_en.pdf Explanatory Notes to Limited Liability Partnerships Act 2000 Chapter 12 Reviewed 14 April 2008 http://www.opsi.gov.uk/ACTS/acts2000/en/ukpgaen_20000012_en_1 Partnership Act, 1890 Reviewed 14 April 2008 http://www.hmrc.gov.uk/manuals/bimmanual/BIM72505.htm http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060046_en_1 http://www.opsi.gov.uk/si/si2007/uksi_20072194_en_7 http://books.google.co.in/books?id=zb7VqRT4hOgC&pg=PA44&lpg=PA44&dq=selling+of+shares+by+director+of+a+company+is+a+criminal+offence&source=web&ots=9RfouwoVBz&sig=8REfcxgg1RLBiW-dxrG-4ioh6uw&hl=en#PPA52,M1 UK Government’s new Company Law Reform Bill Reviewed 14 April 2008 http://www.mallesons.com/publications/2005/Dec/8221850W.htm

Wednesday, January 8, 2020

Images of organization - Free Essay Example

Sample details Pages: 5 Words: 1646 Downloads: 1 Date added: 2017/06/26 Category Management Essay Type Narrative essay Did you like this example? Summary Chapter 2 of the book Images of Organization by Gareth Morgan focuses on todays organizations which operate like machines. The operations in an organization are predetermined and a high degree of precision is always exhibited. Organizations today have to adhere to a set program of activities where there are preset rules like time of arrival, break, departure as well as the bulk of work to be completed in a particular day. Don’t waste time! Our writers will create an original "Images of organization" essay for you Create order Operations have thus turned to be repetitive and mechanical with operations running for 24 hours. The employees working in this organization therefore are required to work as parts of the whole machine (organization). They have to adhere to major and minor instruction in their day to day operations making the procedures predetermined and repetitive. This mode of operation has both advantages and disadvantages. The strength of this approach can only be experienced where goals are fixed and where there is a compliant and eager workforce as well as a stable environment. Absence of such preconditions will always lead to dire consequences in mechanizing an organization. In the former, it forms the basis for effective operations (Morgan, 1998). However, the greatest challenge to using this approach of running operations in an organization is lack of flexibility. This means that introduction of new ideas and ways of doing things will always be very difficult and challenging. The chapter also provides a detailed account of the origin of mechanistic organization use of machines during the industrial revolution is highlighted. Notably, the author traced the use of mechanistic organization in military during the times of Frederick the great of Prussia (Morgan, 1998). Later, his ideas were borrowed and applied in organization and management. This timeline saw the development of various theories trying to incorporate the idea including Webers bureaucracy theory. Development of this theory received a significant boost from the contributions from scientific management and classical management theories. The chapter then wraps up with a highlight of the strengths and limitation of a mechanistic organization. How does education and skill levels impact labor in a mechanized organization? In a mechanized organization, there is a very high degree of specialization. This means that every employee expertly executed his duties in his respective area of work (division of labor). In this regard, people will excel in their areas of specialty at least over time. This renders education and skill levels quite inconsequential. This is because with time, every employee in his area of operation will gain the experience needed to face the challenges of that specific area. Again, the repetitive nature the operations make the employee more familiar with what is expected of him at that position. Personally, I feel that education and skills will only be relevant during the entry stage. Afterwards, the levels of the same will not impact on the quality of labor as the employee gets familiar with is expected of him. This underlies the functionality of machine which has a definite level of production. Is it inhumane to make people work an assembly line job? Definitely, its very inhumane to make people work in an assemble line. This is because besides the high pressure people are supposed to work under, they are often subject to physical punishment and abuse. This is because the supervisors expect one to work like a machine free of faults and very consistent. This is however a far cry of the human nature where man is not perfect. Once in a while flaws may occur which will consequently attract rebuttal. Again, people on the assembly line are denied a chance to live while on duty. This is because they are reduced to mere machines expected to perform so many tasks within a very short period of time. Morgan states that (28) Job cycles are often very short, with workers sometimes being asked to complete work involving seven or eight separate operations every forty or fifty seconds, seven or eight hours a day, fifty weeks a year. In other instances, strict requirements are put in place like zero defects which leaves workers straining to enjoy working. Workers emerge as the last priority and can best be portrayed as machines having human parts. Every employee along the assembly line can best be described as part of a big machine which is expected to work at a constant predetermined rate. This is negates the fact that these workers have a soul. Personally, I find making employees work in an assembly line very inhumane. Besides being overworked, they are denied a chance to enjoy what they do. Morgan asserts that majority of the people finds the job alienating or boring (Morgan, 1998). From another perspective, its utterly ignoring the fact that its men at work not machines. Why are sweat shops bad? Do they not provide jobs in needy economies? Despite providing jobs in the needy economies, sweatshops are bad because of the way they provide these jobs. Providing a job is one aspect and providing it in a humane manner is a different aspect altogether. In this regard, sweatshops will always be considered bad if they will not improve some of the areas which attract criticism. One of these areas is working hours where workers in these shops are forced to work for long hours sometimes even continuous 12 hours in a day. Another major source of criticism is wage level. Despite working for long hours, workers in these shops are paid very low wages. Their working conditions are a far cry of what can be termed as ideal. They are also known to seek cheap labor a craving which entices them to use child labor which has always tainted their image. Personally, I reckon that if the sweatshops can appreciate the dramatically changing condition under neoliberal globalization, their objective of providing jobs in needy economies will no longe r be considered as misguided. In this regard, aggressive measures should be taken to address the faulty areas like working conditions, wage level, working hours and child labor. Discuss the pros and cons of scientific management. Scientific management was developed by Frederick Taylor and was a solid foundation on which work design was built in the first half of the 20th century. Its principles still prevails today in various forms. This approach has its advantages and disadvantages in management. One of its advantages is that disagreements and conflicts are greatly reduces in the workplace. This is because the approach bestows a lot of control on the leaders. Employees have to do what they are instructed to do and if they feel that its not good to them, they are at liberty to leave. This facilitates a harmonious running of operations in the organization. This approach also ensures that there is quality production and minimal wastage due to the high levels of monitoring. This ultimately reduced the production costs. Again, it increases productivity as well as facilitating replacements of skilled workers with unskilled ones. The other advantage is that every operation is pre-planned thus eliminating delays and time wastage. This improves efficiency and effectiveness which is a target for all kind of organizations regardless of their scope. The effectiveness will consequently improve an organizations profitability. Scientific management is also very advantageous during recruitment because mangers will only be going for the individual who reflects the skills needed to perform a specific task. However, some disadvantages also accrue to this method of management. One of them is that it dehumanizes employees by failing to recognize their social life and their higher needs. They are reduced to mere slaves or machines. Again, their ideas which at times may be very vital are ignored causing demotivation. Its also a major cause of a high turnover rate because it does not appreciate employee variance. Employees are made to do the same thing repeatedly making it boring and alienating. Give an example of a mechanized organization that is not dehumanizing. I do not believe there is any mechanized organization which is not dehumanizing. This is because in any mechanized organization there must be factors which contribute to dehumanization. For example there must be repetition of same activities day in day out. There must also be high degree of adherence to rules as well as human rights issues. This can be well seen in the variety of mechanized organizations like Ford, Mac Donalds, Nike etc. How have labor laws and unions responded to automation? Labor unions are formed with the prime objective of enhancing economic status of the employees as well as improving their working conditions through bargaining collectively. The labor laws are also drafted to ensure that this end is well achieved. Automation goes against these objectives because its a leading cause of unemployment because it reduces the number of workers needed. This has always set the unions and its laws against it. Despite the benefits which come with automation, unions find it as a major threat to employment opportunities. To the union, automation means that some employees will be laid off and that is why they are opposed to it. Discuss mechanization of the government, bureaucracy, and its inhibiting nature A bureaucratic government can better be described as mechanized government. It is more or less similar to a mechanized organization. As the world today embraces democracy in various fronts, a mechanized government will have no room for democracy. This is because people will not be given any chance to air their ideas. Excessive control by the leaders will definitely breed misuse of power. This may create a perfect environment for high level corruption and misuse of state resources. For example, a president may be tempted to appoint his friends or give grants to their companies. This has a potential impact of breeding distrust among his constituents. Again, the government will find it hand to embrace changes (political and economic) especially in todays turbulent world.