Monday, January 20, 2020
How The Ending Of The Novel Manages To End Or Resolve The Novels Key :: essays research papers
ââ¬Å"To Kill A Mockingbirdâ⬠by Harper Lee is a classic novel that deals with two ââ¬Å"mockingbirdsâ⬠in Boo Radley and Tom Robinson. ââ¬Å"They donââ¬â¢t do one thing but sing their hearts out for us. Thatââ¬â¢s why itââ¬â¢s a sin to kill a mockingbird,â⬠says Atticus. Despite the stigma involved with such an action, Maycomb physically and socially kill two Mockingbirds. This theme and many more are resolved in the bookââ¬â¢s ending. One of the first key themes dealt with in the ending of novel is that of the first mockingbird, Boo Radley. Throughout the novel Scout, Jem and Dill are preoccupied with one of Maycombââ¬â¢s ââ¬Å"monstersâ⬠, Boo Radley. Finally, Scout has the chance to meet him, after ââ¬Å"He gaveâ⬠¦. [Scout and Jem] [Their] lives. Scout, through standing on the Radley porch and ââ¬Å"Standing in [Booââ¬â¢s] shoes and walking around in themâ⬠, finally understands Boo Radley. Furthermore, when Scout says, ââ¬Å"he was real niceâ⬠, Atticus replies back ââ¬Å"most people are, Scout, when you finally see themâ⬠, thus resolving the readers and Scoutââ¬â¢s doubts about Boo Radley. With the description of his hair as "feathery," Boo is immediately identified with the "mockingbird" idea, especially with his slight appearance and fluttery hand movements. He has finally become a real person, completing the progression from monster to human; meanwhile, Mr. Ewell's evilness has turned him into a human monster, whose bristling facial stubble felt by Scout suggests an animal-like appearance. Another key theme that is dealt with in depth, is that of the second mockingbird, Tom Robinson, the Negro who is killed trying to escape from jail after he is wrongfully accused and convicted for rape while helping a young woman. At the end of the book, the two mockingbirds collide, as Boo kills Bob Ewell, the young girlââ¬â¢s ââ¬Å"white trashâ⬠father, in a scuffle between Bob and the Finch children. As Heck Tate says ââ¬Å" Thereââ¬â¢s a black boy dead for no reason, and the man responsible for itââ¬â¢s dead. Let the dead bury the dead this timeâ⬠¦Ã¢â¬ . During the course of this book, Harper Lee tries to show us peopleââ¬â¢s reactions when they have to choose between their prejudices and what is right. Tom Robinson is the recipient of unfair racial prejudice, as he finds out how a manââ¬â¢s false beliefs can override his better judgement. Boo Radley is also the victim of social prejudice. Just because he stays inside, people automatically hide their better judgement in the belief that Boo is actually a monster.
Sunday, January 12, 2020
Amelie â⬠Intercultural Film Review Essay
Amelie is a French movie about a young twenty something girl whoââ¬â¢s world opened up to her when her mother dies and she is allowed to venture out. After a health misdiagnoses at a young child Amelie is stranded in her home away from all people and relationships until her mother passes away and she finds herself free. She becomes a waitress and decides to help all the people around her until one day she herself finds love. This film shows a French cultural pattern where the people are open minded, whimsical, unique, and quirky. The main character Amelie, wants to get the most out of her life. She takes the viewer on a path through a series of subplots where she is trying to help people that surround her find happiness and joy. Paris and the people of France are shown in a whimsical and fairytale environment. All the while, Amelie, is removed from all human contact which makes for an interesting film if one is attempting to view this film through the lens of interpersonal communi cation. All the communicating in the movie is done through the use of metaphors, scheme, plots, tricks, and the like. Itââ¬â¢s interesting because Amelie doesnââ¬â¢t directly communicate with people even though she is not anti-social. She is very social and likes to help people but she does so almost exclusively nonverbally. One exception to this is when Amelie helps a blind man to cross a busy street and, opposite to her normally silent nonverbal character, she proceeds to very quickly describe everything that she sees and everything that is happening to the blind man in exceptional detail. This is done as an act of kindness for someone who canââ¬â¢t see and not as a form of actual or real communication. All real communication in this movie, is done in a childlike fashion of cat and mouse. It feels almost like interpersonal communication in this movie is a game that is not to be taken seriously. When Amelie finds a boy that she is romantically interested in, she finds herself needing to communicate with him only from a distance. Amelie once again plays one of her games in order to conceal her identity. Nino, the object of Amelieââ¬â¢s affection, is a boy who collects old photos from an old photo booth. The use of pictures in this movie is overwhelming and must have some reason behind it. Itââ¬â ¢s almost as if the characters are communicating through the pictures rather than with words. Even when Amelie was quickly describing the surrounding to the blind man she was helping across the street, it was as if she was creating a picture in his mind so he could connect with her. Perhaps Amelie can onlyà communicate through imagery like metaphors and photographs because she spent her entire childhood alone with only her parents because they thought she was too ill to be around others. I have mixed feelings about this film because I can appreciate a good romantic comedy and I understand the feeling the director was trying to create but Iââ¬â¢m not a fan of the fanciful fairytale romances which I think this movie falls into. I would have preferred a movie with a real underlining tone and I could do without all the whimsy. Amelie felt like a child in a womanââ¬â¢s body, not unlike 13 going on 30à ¸ and for me the doe eyed cutesy character began to wear on me and I found myself more annoyed than anything by the end. The setting is Paris, but not the real Paris but rat her a fantasy version of Paris not unlike a dream or the Paris you can see in old movies. The story itself felt very Disney-like in that the mother dies in the beginning which is the impetuous to the main character being forced unprepared onto the world, the main character then helps many sub-characters out along the way to finding her true love. Very Disney indeed. Iââ¬â¢m certain that I would not recommend this movie to my friends or my family, but maybe it would have a place in a cultural communications classroom. I think the only problem I would have with it is that it doesnââ¬â¢t portray an actual or real culture, and only portrays a fantasy like culture. The lead character is able to form relationships and make the audience care about her without having to say much at all, which can have some value when it comes to the study of nonverbal communication. Also, there might be a value to getting a feel for the French culture from this film, because even though I didnââ¬â¢t love the story or the film-making, there was something about the ââ¬Ësoundââ¬â¢ in the film. The dialogue did draw me into the French culture which was interesting because I donââ¬â¢t speak any French. Even though I struggle to pinpoint the feeling or atmosphere of the film, I do think that something was captured even if it was just the Disney version of Paris and French Culture.
Saturday, January 4, 2020
The Impact Of Medieval Europe On Education - 1286 Words
Sami Stoll Dr. McAlister 28 October, 2014 EH 101 No matter where one goes or their age, there are almost always many options for schooling. Some options focus on general topics of academics, including arithmetic, English, social studies, math, etc, while others focus on trades that allow the student to learn all the skills of the workforce. Either choice has endless possibilities, and a lot of freedom for the student to pick. The importance of education is found in many cultures, but where did it all begin? Medieval Europe started many ideals about education that would have a powerful effect on many different forms of education around the world. Medieval Europe birthed the very first institutions in which students could collectively learn the same information. While the institutions and the importance of education was growing more and more popular, the population in Europe was also growing larger. More people meant that the demand for schools also went up. These schools operated by teaching the bare minimums. This included basic math, rhetoric, Latin, philosophy, and logic. Because many places where these children were taught were not the wealthiest places--or the family/community did not have enough money--the students did not have desks like schools do today; instead, they sat on the floor (Education). Bones or other materials were used as writing utensils, and they would inscribe their assignments on wooden tablets (Education). Because the first institutionsShow MoreRelatedThe Reign Of The Carolingian Dynasty1429 Words à |à 6 PagesAlthough the reign of the Carolingian dynasty occupied only a brief part of the e ntirety of the medieval era, the Carolingian Empire that was established during that period made both a historical and cultural impact on medieval society that would resonate for years to come. Until the empire fell in 888, the Carolingian House of the Franks initially brought stability and progress to most of Europe, as well as pioneering a cultural and intellectual renaissance that influenced the remainder of the MiddleRead MoreThe Renaissance Essay758 Words à |à 4 Pagesthe arts. The Renaissance began in 14th-century Italy and spread to the rest of Europe in the 16th and 17th centuries. In this period, the fragmented feudal society of the Middle Ages, with its agricultural economy and church-dominated intellectual and cultural life, was transformed into a society increasingly dominated by central political institutions, with an urban, commercial economy and lay patronage of education, the arts, and music. The term renaissance, meaning literally ââ¬Å"rebirth.â⬠ModernR ead MoreThe Fall Of The Roman Empire1110 Words à |à 5 PagesThe Medieval Period was an important time in Europe which spanned for over 1000 years, beginning at the fall of the Roman Empire, in 476 CE and ending at the Renaissance in 1500 CE. The Middle Ages were divided into 3 eras, the Early Middle Ages (478 ââ¬â 900 CE), High Middle Ages (900 ââ¬â 1250 CE) and ending with the Late Middle Ages (1250 ââ¬â 1500 CE), which was a time of fear and rapid population decrease caused by the black death. Throughout the Medieval Period there was major contact between societiesRead MoreImportance Of The Renaissance828 Words à |à 4 Pagesdating back to medieval times were proven incorrect and abandoned. Also during the Renaissance, there were a range of radical engineering and mechanical innovations, which drastically transformed humanity forever. One such important innovation was the printing press by Johannes Gutenberg. In particular, Medical research advanced significantly during the Renaissance. One of the most profoundly important and drastic changes was in the field of anatomical learning. During medieval times the catholicRead MoreThe Effects of Feudalism Essay1161 Words à |à 5 PagesIn Medieval times during the 10th and 13th centuries, a form of political and social organization called feudalism was a way of life that had great effect on people of the time and on the modern world. Feudalism was developed because of the weakness of Europe and its kings. The word feudalism comes from the word fief, which was the land held on condition of feudal service, similar to an estate (English). The fiefs bound together lords and vassals. Feudalism was a structure in which a lord dividedRead MoreThe Impact Of Renaissance On Italy And The Renaissance969 Words à |à 4 PagesIntroduction Renaissance was a series of revolutions and changes that originated in Italy and had wide spread impact very rapidly in the entire Europe. All the developments and changes were done to keep in mind and keep pace with the local environments and situations. The developments were frequently connected to encourage cultural developments without affecting the basic idea and conventional heritage of the country. Many artists and military personnel also took part in the revolution where theRead MoreThe Middle Ages1747 Words à |à 7 Pagesthird of the population of western Europe. The British middle ages influenced the development of society through the politics, the religion, and the literature of the era. Politics was a key factor in the development of England in the middle ages. For example, the impact of the new political regime when the Normans conquered England. The Normans (1066-1154) and the Angevins (1154-1399) created political institutions that set England apart from the rest of Europe (ââ¬Å"Englandâ⬠). Henry II was the firstRead MoreAncient Greece And Modern Medieval Europe1686 Words à |à 7 PagesMany historians and scientists regard Europe as completely devoid of interest in the history of science. Contemptuously, medieval Europe is most often referred to as the ââ¬Å"Dark Ages,â⬠the epithet clearly illustrating the struggles of the time period and disdain for this part of history. The modern perception of medieval society is overwhelmingly dominated by a skewed interpretation of a barbaric, war-torn civilization barely surviving through suffrage of plague and poverty that stifled nearly everyRead MoreThe Enormous Growth During the Renaissance1420 Word s à |à 6 Pagesthe European history. The Renaissance occurred between the 14th and 17th century when there was revival in both learning and culture in Europe. It began in Florence, Italy and traveled throughout other city-states in Italy. It mainly occurred in Italy due to the history of Rome and Roman Empire. The Renaissance was a cultural movement that swept through Europe because of a diversion in significant understanding. Italy was so wealthy that people were willing to spend their money to encourage theRead MoreThe Middle Ages And Its Impact On Western Europe1380 Words à |à 6 PagesHowever, this bleak outlook has discounted many of the advancements of this time period, which laid very important foundations to modern education and reason. The Middle Ages was a time of growth for society where universities were born, agricultural and population boomed, and foundations of reason and religion coexisted. On the whole, the population of Western Europe grew quite a lot during the middle ages. Agriculture advancements sparked a population growth recovery from the fall of the Roman Empire
Friday, December 27, 2019
My Philosophy Of Education It Is Student Centered
My philosophy of education it is student centered, where teachers are facilitators contributing to optimize studentââ¬â¢s potential. Educators should be equipped to serve, prepare, and help students to build a promising future full of opportunities. My vision as an educator is to optimize human potential. As an educator, I believe that students have the potential to learn, to apply in real life experiences what they have learned, and to serve equitably a diverse world. All students should have the access to an outstanding and excellent education where new challenges and higher expectations are embedded in the educational process. Areas such as intellect, emotions, and even physical are molded by an educator. Teachers are like potters; students are like vessels. Potters can construct a vessel or destroy it in the process. There is a lot of responsibility on teachersââ¬â¢ shoulders. Teachers need to guide and help students to be successful academically. Through education lives ar e transformed, knowledge is created, and students become future professionals to serve the world. Second language acquisition is a challenging process for any person. It requires time in order to master a second language. First language acquisition comes naturally without the person having to make a big effort in order to communicate with others. Teachers need to be sensitive to the student community. Every year I receive English Language Learners who struggle due to the language barrier. For some of them theShow MoreRelatedDraft Of Personal Philosophy Statement1268 Words à |à 6 Pages7-2 Final Project Milestone Three: Draft of Personal Philosophy Statement In the field of higher education, I will welcome with open arms, accept, affirm, and celebrate all students by creating an environment that is equal and inclusive for all people regardless of their race, gender, sexual orientation, ethnicity, cultural background, religion, family structure, economic status, learning ability, linguistic ability, and/or learning style. I will create an environment that includes positive, challengingRead More My Student-centered Teaching Philosophy Essay690 Words à |à 3 PagesMy Student-centered Teaching Philosophy What makes a good teacher? There are many factors that determined the answers to this question. The most dominant factor is the teaching philosophy. It plays a significant role in the teaching career because it determines what the teacher will teach and how he/she will teach. Personally, my teaching philosophy will be student-centered with the combination of three related theories, and emphasis on each studentââ¬â¢s individual needs, and teachingRead MoreChapter 8- Philosophy Of Education Essay724 Words à |à 3 PagesZittleman, K.R. (2013). Teachers, Schools, and Society. (10th ed.). Boston: McGraw Hill. Chapter 8- Philosophy of Education pp. 250-257 The author mentions four elements of philosophies in education that may center on teachers and centered on students. Teacher- Centered Philosophies are mostly emphasizes the importance of transferring knowledge, information, and skills. One teacher-centered philosophy is Essentialism. Essentialism teaching the back to basic approach, which centers ââ¬Ëbuilding knowledgeRead MoreThe Teacher Centered Philosophies Of Education1098 Words à |à 5 Pagesand science, writing and also reading. Teacher-centered philosophies of education require that children are educated using certain methods put into action by their teacher, as opposed to student-centered philosophies. Teaching methods are formed according to the needs and learning styles of individual students. Teacher-centered philosophies force the student to adjust to the teacher; with student-centered philosophies, the teacher adjusts to the student. An essentialist curriculum is structured toRead MoreThe Philosophy Of Education And Education Essay1545 Words à |à 7 PagesThe philosophy of education is not a topic that can be fully taught and understood by reading and studying a textbook, or a few textbooks for that matter. I believe that the philosophy of education is somewhat subjective, rather than objective, and that there exists numerous answers to what is the ââ¬Å"philosophy of educationâ⬠. I feel that oneââ¬â¢s answers can not be expressed with a single word nor a sentence; and that one has to ââ¬Å"experienceâ⬠rather than just read to find the answer. Yes, a huge part ofRead MoreMy Personal Philosophy Of Education1335 Words à |à 6 Pagesââ¬Å"Finding Your Philosophy of Education Quiz.â⬠While I enjoyed learning about the different philosophies and psychological influences of teaching, I prefer constructivism, social reconstruction, and progressivism due to their student-centered learning, hands-on or project based learning style, while making efforts to improve the world around them. I will be discussing why I chose progressivism, social reconstruction, and constructivism as my preferences, as well as the role of teachers and students in a democracyRead MoreAspects of Several Theories of Education956 Words à |à 4 Pagesare several theories of education. There are teacher centered and student centered ones, each one has its pros and cons. Educators use all different kinds of philosophy, many even combine philosophies. .After researching and observing different ways of teaching I have found I like a lot of them but only few aspects of each. I do believe in a student centered atmosphere so Progressivism and Reconstructionism are most logical choices. Progressivism focuses on the students benefits, this theory allowsRead MoreI Am A Professional Teacher Essay959 Words à |à 4 Pagesteacher, it takes skill to train young minds. Education is extremely important to go through. Teachers have many different philosophies to choose from when teaching in a classroom. Out of the five philosophies, I ranked the highest in Essentialism and Progressivism. Both of these philosophies are taught entirely different from each other. Essentialism is teacher-centered learning and expresses the teaching by the core curriculum. Progressivism is student-centered learning and expresses the teaching by doingRead MoreSoren Kierkegaard And The Existentialist Philosophy1116 Words à |à 5 Pages 2. The Existentialist philosophy, started by Soren Kierkegaard, focuses on self-directed education, finding answers within yourself. Students are not graded because all standards come from themselves. This philosophy emphasizes freedom of choice and mind, and that authentic creative thinking leads to true learning experiences (Cohen). The teacher helps students find their passions and understand who they are. Existentialism has never become prevalent in schools because it is difficult to apply inRead MoreWhy I Should Be A Teacher1076 Words à |à 5 Pagesimportant because not all jobs have that. I feel like in order to be a teacher I need to have compassion for My students. As a teacher, I want to care for my students and show them appreciation. I want my students to succeed in what they want in life. According to Ferlazzo (2015), ââ¬Å"Students work hardest for teachers they like and respect. When I am asked, ââ¬Å"How do I get students to like and respect me?â⬠my immediate response is, ââ¬ËLike and respect them first.ââ¬â¢Ã¢â¬ I believe this whole heartedly because I have
Thursday, December 19, 2019
Essay on Cry, the Beloved Country by Alan Paton - 736 Words
Cry, the Beloved Country is such a controversial novel that people tend to forget the true meaning and message being presented. Patonââ¬â¢s aim in writing the novel was to present and create awareness of the ongoing conflict within South Africa through his unbiased and objective view. The importance of the story lies within the title, which sheds light on South Africaââ¬â¢s slowly crumbling society and land, for it is the citizens and the land itself which are ââ¬Å"cryingâ⬠for their beloved country as it collapses under the pressures of racism, broken tribes and native exploitation. Paton is able to convey the idea of racial injustice and tension thoroughly throughout the novel as he writes about the tragedy of ââ¬Å"Christian reconciliationâ⬠of theâ⬠¦show more contentâ⬠¦They are then left to work with low wages and forced to endure poor living conditions leading these oppressed blacks to commit unreasonable crimes. Msimagu explains to Kumalo that the whi te men have ââ¬Å"broken the tribeâ⬠and he that it is why the young black people are breaking the law and committing crimes. He explains that, ââ¬Å"The tragedy is not that things are broken. The tragedy is that they are not mended againâ⬠¦It suited the white man to break the tribe, but it has not suited him to build something in the place of what is brokenâ⬠(56). It is hard for the black natives to ever forgive the white people for stealing their country and their resources while destroying their culture but how can the white people ever face the seriousness of their crimes. The title supports the overall feeling the natives feel as they cry for liberty and freedom as they strive to better themselves. In Cry, the Beloved Country, Paton explores another main theme seen through the title, the destruction of the native tribes caused by the whites. Paton paints a picture of the beautiful and rich valley, then describes the valley in which Kumalo and his tribe inhabi ts, which is drastically barren and ââ¬Å"cannot hold the rain.â⬠It is a valley of ââ¬Å"old men and old omenâ⬠that is deteriorating because the young people are not there to help take care of itShow MoreRelatedCry, the Beloved Country by Alan Paton1076 Words à |à 5 PagesAlan Paton who was a South African author and anti-apartheid activist wrote the novel Cry, the Beloved Country, The novel publication in 1948 was just before South Africa institutionalized racial segregation under Apartheid. Paton addresses the destruction of the tribal system in South Africa due to white colonization by using the novel as a medium to illustrate is damage. Throughout the novel we are exposed to the numerous problems resulting from the colonization. Communities are in collapse, theRead MoreCry, the Beloved Country by Alan Paton838 Words à |à 3 Pagesindividuals. Alan Paton examines this problem in Cry, the Beloved Country. Throughout the story, Paton adds specific personalities t o his characters to contribute to change. Characters in Cry, the Beloved Country went through hardships that changed them to realize reality and its outcomes. Paton accordingly creates a picture throughout his story to explain the problems in South Africa. There are many contributing factors of Patonââ¬â¢s idea to identify as being important for change to occur in Cry, the BelovedRead MoreCry, the Beloved Country by Alan Paton696 Words à |à 3 PagesCry, the Beloved Country is a novel with remarkable lyricism written by Alan Paton. Born as a white South African, Alan Paton grew up during a time period marked by racial inequality and later became an activist against apartheid. He was a devout Christian so many of his writings reflect Christian faith. As an activist, he wrote many books about South Africa and racial injustice. While traveling around Europe, he began writing Cry, the Beloved Country, which was published in 1948. That same yearRead MoreCry, The Beloved Country By Alan Paton1155 Words à |à 5 Pages Cry, The Beloved Country by Alan Paton is a stunning and all too accurate depiction of apartheid in South Africa. Even though the novel centers on John Kumalo and his struggling family, it subtly shows the social going ons of South Africa supposedly in 1948, when the book was written. Strong examples of this come across in the choral chapters of the novel. These chapters give voice to the people of South Africa. Chapter nine shows the struggles of being black during apartheid, chapter 12 shows theRead MoreCry, The Beloved Country, By Alan Paton1373 Words à |à 6 Pagesescape with various routes, but an escape that interestingly calls back to the nature of innocence and child-like questions. It is in this way that Alan Patonââ¬â¢s enduring novel, Cry, The Beloved Country, takes on a unique and refreshing approach to a basic question: that of the equality and dignity of all people. Throughout Cry, The Beloved Country, Paton exudes frequent references to childhood, a devout religiosity, and of course, a return to simple questions; all of which contribute the idea of innocenceRead MoreCry, the Beloved Country by Alan Paton778 Words à |à 4 Pagesfront to give it the opposite meaning. Therefor e, it means a land free of cold and horror. Itââ¬â¢s such an ironic name for a country where people are living their lives with hunger and fear. The conditions in South Africa during mid-1900 were even worse than they are today. Alan Paton addresses these issues in his novel, Cry, the Beloved Country, published in 1948. Paton uses two contrasting places to present his view of South Africa while suggesting solutions. The desolate village of NdotsheniRead MoreImagery In Cry, The Beloved Country By Alan Paton768 Words à |à 4 Pagesnoises, etc, as did the roles in the novel. Alan Paton uses a strong voice packed with imagery in his passage, ââ¬Å"For they grow red and bare; they cannot hold the rain and mist, and the streams are dry in the kloofs. Too many cattle feed upon the grass, and too many fires have burned it. Stand shod upon it, for it is coarse and sharp, and the stones cut under the feet. It is not kept or guarded, or cared for, it no longer keeps men, guards men, cares for menâ⬠(Paton, 34). The overwhelming senses of touchRead MoreCry, The Beloved Country By Alan Paton Reconciliation981 Words à |à 4 PagesDespite the violence depicted amongst the whites and blacks of South Africa, in Cry, The Beloved Country by Alan Paton reconciliation and the spirit of unity present themselves through two men: Reverend Kumalo and James Jarvis. To be able to reconcile and unite with others, people must first be able to look inward and come to peace with themselves. One of the main struggles throughout Cry, The Beloved Country emanates from within the characters, as they try to come to terms with events. StephenRead MoreAlan Paton s Cry, The Beloved The Country1358 Words à |à 6 Pagesthe Blacks, leading up to the Civil War, and during the Apartheid, the Natives were segregated from the Whites. In Alan Patonââ¬â¢s Cry, the Beloved the Country, the main character Stephen Kumalo goes through a journey to restore his tribe. During his journey, he discovers and learns of the injustices in South Africa. Through the parallels and contradictions of biblical allusions, Alan Paton is able to explain the impact of racial inequality in South Africa, but signifies how unconditional love and hopeRead MoreCry, The Beloved Country By Alan Paton Analysis929 Words à |à 4 Pages It is no new information that God tends to take the ordinary people out of their normal lives and make something great out of them. This is exactly what happened to Stephen Kumalo in the book Cry, the Beloved Country by Alan Paton. It is those are are broken and imperfect that God sees something special through. Taking these people out of their brokenness and make the world better through them. Like all the other ordinary people that got brought up by God, Stephen Kumaloââ¬â¢s journey was no different
Tuesday, December 10, 2019
Issue Of Preference Shares Is Corporations-Myassignmenthelp.Com
Question: What Is The Issue Of Preference Shares Is Corporations? Answer: Introducation The central issue in the given case is to determine if Grand Ltd can issue 5,000 new preference shares on the same terms as existing preference shares. The relevant statute governing the issue of the preference shares is Corporations Act 2001. In accordance with section 124 of this Act, the company has the right to issue various classes of shares including the preference shares (Cassidy, 2013). However, as per section 254A Corporations Act 2001, the preference share issue may be conducted by the company only if the rights related to the same are clearly defined either in the constitution of the company or have obtained approval through a special resolution. The various aspects on which there must be objective clarity are outlined below (Austlii, 2017a). Capital Repayment Surplus assets and profits related participation Nature of dividends (i.e. cumulative or non-cumulative) Voting rights associated Priority in relation to dividend and capital payment when compared with other class of shares Also, in accordance with section 246C, issuance of preference shares on the same terms would alter the rights of the current preference shares (Austlii, 2017c). Application In light of the given facts, it is apparent that Grand Ltd (the issuing entity) has already issued 5,000 preference shares after the registration through the special resolution route which has defined the rights of preference shares. In line with s. 254A, one possible manner of issuance of preference share is based on the rights mentioned in the Constitution of the company which is not valid in the given case as the issuing entitys Constitution is silent on future preference share issue. Thus, the company using special resolution of the members for issuance of incremental 5,000 preference shares can go ahead with the transaction exhibited the right granted by s. 124.However, since the company intends to issue them on same conditions as existing preference shares, thus the rights of the current preference shareholders may be adversely impacted particularly at the time of bankruptcy or liquidation. Also, dividend payment may be adversely impacted and hence the approval from the existin g shareholders would not be unanimous. Thus, it is highly likely that the permission may not be granted (Austlii, 2017b). Based on the above discussion, it may be concluded that Grant Ltd can issue incremental preference shares by passing a special resolution of members but taking unanimous permission of the existing preference shareholders could be difficult which can put the plan in jeopardy. Whenever, there is splitting of the shares into various classes, then variation of rights may happen which is determined by s. 246C. As per this, if the division of shares into more classes, then there is variation of rights if the shares belonging to the different classes do not carry the same right while earlier they enjoyed the same rights. Thus, in such a situation since rights of certain shareholders are adversely impacted, it is imperative to seek the written consent of the existing shareholders (Ciro and Symes, 2013). With regards to resolution or consent, there needs to be unanimous support. In the absence of the same, s. 246D would be applicable. This advocates that when the approval is not unanimous, then the matter may land in court if a minimum of 10% of the shareholders lodge a complaint (Austlii, 2017d). As per the given facts, it is apparent that there would be variation of rights as the Audax family which owns about 60% shares would get two votes per share (Class A) while the remaining shareholders would only get one vote per share (Class B). As a result, the interests and rights of the minority shareholders would be adversely impacted and hence it is imperative that a unanimous approval of the shareholders would be required. However, in this given case it would fail to come as there is no incentive for the 40% minority shareholders to agree to the given scheme of division. If the Audax family does push the resolution through the support of some other shareholders, still it is likely that the matter will land up in court and the judge will nullify the proposed scheme. The relevant rule is s. 246C as per which if the company tends to issue a new class of shares which currently does not exist, then issuance of the same may impact the rights of the existing shareholders if the rights available to the new shareholders are not same as the current shareholders (Austlii, 2017c). Thus, in such a situation since rights of certain shareholders are adversely impacted, it is imperative to seek the written consent of the existing shareholders. With regards to resolution or consent, there needs to be unanimous support. In the absence of the same, s. 246D would be applicable. This advocates that when the approval is not unanimous, then the matter may land in court if a minimum of 10% of the shareholders lodge a complaint (Austlii, 2017d). In the given case, since the majority shareholder Audax family wants to raise additional capital in the form of equity but without dilution of their control, then they wish to issue class B shares to new investors. This may impact the rights of the existing shareholders particularly considering that these are also being issued at $ 5. In the given case, the existing shareholders would not allow of class B shares as it results in the Audux family keeping control instead of diluting their stake in case they do not wish to assume incremental debt. Thus, it is likely that the resolution would not be passed unanimously and hence it could potentially be annulled through legal intervention. Conclusion Based on the above, it is apparent that the Grant Ltd would not be able to issue class B shares at $ 5. References Austlii (2017a). CORPORATIONS ACT 2001 - SECT 254A, Power to issue bonus, partly-paid, preference and redeemable preference shares. [online]. Available at: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s254a.html [Accessed 10 Aug.2017]. Austlii (2017b). CORPORATIONS ACT 2001 - SECT 254B, Terms of issue. [online]. Available at: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s254b.html [Accessed 10 Aug.2017]. Austlii (2017c). CORPORATIONS ACT 2001 - SECT 246C, Certain actions taken to vary rights etc. [online]. Available at: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s246c.htmln [Accessed 10 Aug.2017]. Austlii (2017d). CORPORATIONS ACT 2001 - SECT 246D, Variation, cancellation or modification without unanimous support of class. [online]. Available at: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s246d.html [Accessed 10 Aug.2017]. Cassidy, J. (2013) Corporations Law Text and Essential Cases. 4th edn. Sydney: Federation Press. Ciro, T. and Symes, C. (2013) Corporations Law in Principle. 9th edn. Sydney: LBC Thomson Reuters
Tuesday, December 3, 2019
Iroquois Constitution free essay sample
The Iroquois Constitution forms the first democratic republic and example of sovereign governance by the consent of a people in North American history. The confederacy of the League of Five Nations, who constructed the Iroquois Constitution, preceded the European colonization. Historical records and references provide evidence of the strong influence the Iroquois legislative process and constitution had on shaping the ideas and words of the US Constitution.Specific and distinct similarities unquestionably mark the Iroquois Constitution as a strongly Influential del Americas founding fathers used in forming our united States Constitution, despite criticism to the contrary. The connection between the two is referred to as the Influence Theory. The precise date of origination of the Iroquois Constitution is difficult to place, since no written language existed. The oral record was committed to memory, and passed down to the children through song and storytelling. The only tangible artifacts preserved were beaded belts of shells. We will write a custom essay sample on Iroquois Constitution or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Historians often have noted the Iroquois oratorical skills and their excellence with the spoken word. The oral history of the Iroquois is imprecise, and some sources place the date of their constitution as early as 1100 AD while others Insist It was later, about 1450-1500 AD. Scholars use the first recorded league Grand Council in 1 535, called the Welcome at the Woods Edge by French Explorer Jacques Carrier, as a reference point, establishing that the confederacy had been established before then (Favor 31).Though the specific years are not determined, the outside range makes it unquestionable that, in any case, Iroquois had established it well before the illumination. All the Iroquois woodland Indians people spoke the same language, believed in the same gods and had many similar customs, but there was endless infighting. The legend tells that long ago, the Creator sent Peacemakers to teach cooperation and tolerance to the most powerful tribes. These Peacemakers, one a tribal lord of the Mohawk, Designated, and the other an Onondaga chief, Hiawatha, brought peace and unity through t he shared common heritage and values of the people.The devotion to peace principles and rules by which this confederacy would over, were recognized by the natives as Great Laws of Peace, and have become known to us as the League of the Five Nations, and the Iroquois Constitution. Their great Laws were recorded on 1 14 beaded wampum belts, each one designed to provide specific visual reminders to communicate long and complex set of provisions that outlined the confederacy devotion to peace, mutual assistance, tolerance, and protection of members individual liberties from common threats. _) Its provisions organized the leaders to be responsible for the larger community by viding the League of Nations into subdivisions called moieties. The Mohawk and Seneca tribes were regarded as older brothers, an upper house (like the US Senate), and the Oneida and Cayuga as younger brothers, a lower house (like the US House of Representatives). The Onondaga held the status and title of the Fire Keepers, and their land as the Capitol of the confederacy, so that council meetings were to be convened on the Onondaga land, where the wampum belts and other symbols were collected.One can readily draw the parallels to the branches of the US government, here Americas symbols and its key historical documentation are likewise collected. The Iroquois Constitution allowed each nation to govern itself, but under the guidance and intent of the Great Law of Peace. In this way, too, a strong parallel is seen in the American architecture of federalism, in which the individual states govern themselves, but only in concert with the higher authority of the federal government (Holcomb 25). The governing body of the Five Nations was entrusted in a Grand Council of chiefs, fifty sachems to represent the respective nations in lattice decisions and actions of confederacy. The term sachems, in the oral tradition, distinguishes them from other kinds of chiefs. Grinded and Johannes, in Exemplar of Liberty, seek to draw a parallel to the forty-eight delegates proposed by Benjamin Franklin in the Albany Plan.In the Iroquois Constitution, the first North American political document to divide the responsibility among deliberative councils, the Grand Council served as the principle lawmaking body responsible to the larger community, and the council of five war chiefs served as advisors to the Grand Council regarding issues of warfare. That is similar to our Joint chiefs serving as advisors to our American commander in chief, the President. The Grand Council balanced its internal powers, designating the Mohawk as the leaders, as they were the foundation of the Great Peace. If they opposed any resolution, the Grand Council could not pass it. The requirement for unanimous agreement accounted for the essential representation of the individual members interests, and for their compliance. Unanimous decision-making is a crucial requirement and foundation of the Grand Chiefs, although not with equal representation by the nations, and that goes differ greatly from the foundation and ideology of the American Founding Fathers, a distinction not lost on the Influence Theory critics. Another significant difference critics of the Influence theorists point out is that the Iroquois culture, as a matriarchal society, gave a traditional role for women to have power in the leadership.Upon marriage the Iroquois husband Joined his wifes clan, and kinship was traced though the women. Chiefs who were, in fact, chosen by the oldest living female, or clan mother, led the clans. The sachems were nominated through the clan mothers. This gave the women an equal role in power and leadership of government, whereas American woman would wait over 130 years to have an official voice, and only recently have begun to have truly consequential influence of a magnitude their Iroquois predecessors had long exercised. Numerous sources concur with the thesis that the Iroquois Constitution had a strong influence on the founding fathers.One of the first historical recognitions recorded by the European colonists of the Iroquois Confederacy was by the Dutch, after they had allied with a neighboring tribe that challenged the Five Nations in 1624. McIntosh 22) That alliance baffled the Iroquois, because they had no issues with the Dutch and did not understand their involvement. Following victory by the Iroquois, they assembled a Two Row Wampum belt to explain the Great Laws of Peace to the newcomers and acknowledge mutual respect. That Wampum belt was white, with two purple rows down the middle.The rows depicted the straight courses that each group of people was responsible for steering to maintain peace, indicating that neither side should attempt to interfere with or force upon the other laws, traditions, languages or annotation is the speech by an Onondaga Chief, Scantest, whom the colonial represent atives in Pennsylvania invited to attend a treaty conference they held in Lancaster in 1744. Chief Candidates speech encouraged the unification of the colonies. He stated, Divided, a single man may destroy you. United, you are a match for the whole world (http://federations. Rig/Algonquin. HTML). Following that conference Chief Scantest bestowed on Benjamin Franklin a bundle of five arrows to symbolize the solidarity and loyalty of the five nations. Canteens speech reminded he representatives that separately they were vulnerable, but together they were strong. This symbolism can be found today on the one-dollar bill, with the olive branch in one eagle talon and 13 arrows in the other. Franklin published numerous pamphlets of the proceeding of the Grand Chiefs in the Pennsylvania gazette during his appointment head of Indian Affairs (Morgan).It would be a very strange thing if Six Nations of Ignorant Savages should be capable of forming a Scheme for such an Union and be able to execute it in such a manner, as that it has subsisted Ages, and appears indissoluble, and yet a like Union should be impracticable for ten or a dozen English colonies. Benjamin Franklin to James Parker, 1751 Franklins essential inquiry was, If the Iroquois can do it, then why cant we colonists? At the Albany conference in 1754, Franklin proposed a colonial plan for a single legislature and a president general.His plan recognized individual dynamics and differences of each colony, and allowed for the retention of individual constitutions for each colony. Franklins idea would allow colonies to choose their own speakers, who would also lied a veto power in regard to decisions made within the Grand Council (the name was Franklins). Franklins plan in the division of the number representatives was based on population and military force, as tradition determined in the Iroquois system Enhances). Thomas Jefferson, representing thought of the Enlightenment period, shared Franklins respect for core values also found in the native Indian traditions. Jefferson writings referred often to pursuit of happiness and the consent of the governed, and prized notions of independence. Popular belief holds hat Jefferson drew inspiration from the Iroquois Constitution, and his interactions doubtless helped shape his own social values and philosophical beliefs about governance. Jefferson writings reflect the impact of the Iroquois concepts clearly in inalienable rights of individuals, and in a power for the people to impeach leaders who do not behave in the interest of its members, or who break the laws of the constitution.Profound support for the Influence Theory is founded in an official invitation to 21 Iroquois chiefs in May 1776 to participate in meetings of the Continental Congress. The Iroquois chiefs were provided lodging in the State house in Pennsylvania for several weeks leading up to the signing of the American Declaration of Independence. The chiefs addressed the delegates, even giving John Hancock the Indian name Grandaunt, or t he Great Tree. James Wilson asserted that Indians know the striking benefits of Confederation, and we have an example of it in the Union of the Six Nations Enhances). The influence the Iroquois Constitution and their ideology of the Great Laws of Peace are undeniably reflected in both the satirical record, and in the construction of our American Constitution, including its Bill of Rights. Other specific similarities between the Iroquois Constitution and the individual liberties and property, powers of war, rules of adoption, treason or secession of a nation; and laws of emigration. Daly) Many writers have recognized the Influence Theory, that the Iroquois Constitution was a most influential model used by the founding fathers to develop the United States Constitution. Critics, however, refute that theory, and assert that those writers have used carelessly unsupported statements, and even manipulated quotations, changing the referential basis of inferences that the founding fathers were replicating the Iroquois legislative form of governance. Elisabeth Took, a particularly outspoken critic, labels the influence thesis a scholarly misapprehension ( Levy, p. 98). Some critics suggest the Influence theorists literary accounts have exaggerated the founding fathers encounters with the Iroquois chiefs, and have taken them out of context. Others have expressed outrage that the Influence theory discredits the founding fathers as true idealists who originated such notions as protection of individual liberties, and leadership by the consent of the people; and above all, discredits recognition of the US Constitution as the rightful claimant of embodiment of the first Democratic form of Government in the western hemisphere.
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