Diversity & Globalization

Living in the 21st century, we are more connected to each other than ever. With that being said, there is a necessity for us to maintain our cultural diversity as we merge into such a multicultural world. Multiculturalism is, in essence, the study of how individuals from different ethnic, minority, or rural backgrounds receive, analyze, and respond to information that is presented to them.The principle of cultural diversity takes multiculturalism a step further, changing the mainstream approach so that the different ways of receiving, analyzing, and responding to information are all seen as being culturally aware. In the world of today we are all directly or indirectly involved in the cultural socialization and globalization. At times one is so much engaged in trying to blend in that one forgets to be a real â€Å"self†. Individuals are in the presence of dozens of new and unfamiliar cultures as a result of increased travel, international trade and foreign media contacts.Many people welcome this new diversity as stimulating and enabling while others find it unsettling and are fearful of losing indigenous cultures that is the basis of their livelihood. These feelings have been articulated in various outlets and have been the focus matter of administrative organizations. As a result, many governments in countries scattered around the world must decide how to respond to this situation. Statement of Problem Self is the consciousness of one’s own identity, an essential quality that make a person distinct from all others.In a multi-cultural global society, it is this â€Å"self† or diversity that must be maintained even at a cultural level. There are so many influences upon the world from Western societies, digital entertainment, merchandise, food companies, etc. , that individual rituals or customs of lesser nations begin to fall to the wayside. Along with this is the demise and complete destruction of indigenous groups around the world. This is the problem; throughout all of this globalization and modernization we need to hold onto individual and cultural grass root traditions.It is the loss of indigenous individuality that is instigating the lack of or struggle to maintain diversity in this world. Literature Review Over the ages, distant merchants have landed upon the shores of new nations and either claimed it as their own or created large settlements. These new pioneers have spread their principles and ideas either intentionally or not with no remorse or thought in respecting the indigenous cultures where they have forced their cultures. This has led to the struggle in indigenous people trying to maintain their identity and way of life against that of the new settlers.As a result of foreign trade, globalization has given rise the increased stream of assets. Foreign ventures in oil, gas and mining has risen four to five times between 1988 and 1997. Subsequently, there happens to be an abundant supply of natural resource s in regions populated by indigenous people. These bands of indigenous people are greatly affected by this influx of outside investment and the foreign cultures that accompany it. The cultural uniqueness and socio-economic justness of indigenous people are being threatened in several ways.There is insufficient acknowledgment of the cultural importance of the land and territories that indigenous people inhabit. Mineral removal undertakings lead to extensive dislocation of communities and loss of their farmlands and it affects both their sense of cultural identity and their source of sustainable livelihood. On top of this, Indigenous people are excluded from decision-making processes involving the farm and properties that belong to them. Information gained by indigenous people is also easily misappropriated.Traditional knowledge about plants with medicinal value, food varieties that consumers demand and other valuable knowledge is quickly picked up by capitalists, who apply for patent s on these knowledge. Forero (2003) concluded that seven thousand patents had been granted for the unsanctioned use of traditional knowledge or the misappropriation of medicinal plants. Developing countries, as well as individual indigenous groups, seldom have the resources to challenge these patents in foreign jurisdictions.The number of people living outside their country of birth has increased from seventy-six million in 1960 to one hundred and fifty-four million in 1990 and one hundred and seventy-five million in 2000 (The Guardian, 2001). Scientific advances have made travel and communications extremely fast, inexpensive, and reliable. Based upon this mixing of cultural groups, people are living amongst new cultures and rituals on a daily basis. â€Å"In the spring of 2007, 1,651 residents participated in a random-digit-dialed, computer-assisted telephone survey about a wide range of social and civic issues facing Los Angeles.The dataset also includes the census tract number c orresponding to each respondent’s place of residence, enabling us to consider the demographic context of respondents’ views of racial issues. Census tracts are unlikely to correspond perfectly to residents’ mental image of the ethnic and racial mix contained in their â€Å"neighborhood,† but the tract identifiers provide a useful starting point to consider the consequences of multiple dimensions of diversity in local areas across Los Angeles. (Cohen-Marks & Faught, 2010)†The study concluded that there were consistent patterns based on race or ethnicity and that African Americans tend to have more negative perceptions of race relations than other ethnic groups in Los Angeles. This could have an impact regarding enhanced flow of investment, knowledge, cultural goods and people give rise to problems in cultural adjustment and issues of conflict management and control. While some countries oppose migrants from settling and invading their culture and taking up their jobs, others are more open and try to integrate foreign cultures into their own.The Human Development Report (2004) argues that societies and governments must not choose either extreme, but must chose a middle path whereby they can design country specific policies that widen choices by supporting and protecting national identities while also keeping borders open for choosing newer ways of life. Indigenous people are increasingly being drawn into global networks. In the long term, cultural isolation is unlikely to be a viable although sometimes desired option (Smith & Ward, 2000).Global flows of goods, ideas, people and capital can seem to be a threat to national culture. It can lead to the abandonment of traditional values and practices and dismantling of the economic basis on which the survival of indigenous culture depends. A global culture is not about the English language or global brand identities – it is about universal ethics based on universal hum an rights and respect for the freedom, equality and dignity of all individuals. The aim of multicultural policies is to protect cultural iberty and expand people’s choices – in the ways people live and identify themselves – and not to penalize them for those choices. For instance, women in India usually wore saris at work in the 1980’s while they now feel free to wear blouses and trousers to work. People should not be bound to maintain an immutable box called â€Å"a culture† (Human Development Report 2004). One must understand that cultural identities are heterogeneous and evolving and they are subject to dynamic change due to internal inconsistencies and conflicts that drive them.Findings For that reason, a strategy of multiculturalism is supported by the following four principles. First, defending tradition can hold back human development. Cultural conservatism can discourage or prevent people from adopting a different lifestyle which is concurr ently followed gainfully by a different society. Although there might be much that is consonant with universal values and practices, much else might be inconsistent. Such inconsistencies can be removed by learning from other cultures.For instance, a community that is traditionally lazy can learn how people of other societies are more productive and are able to enjoy their life to a greater extent. Second, respecting diversity and differences is essential to becoming a global citizen. The fear of a loss of national identity and culture comes from the belief that cultural diversity leads to conflict. In fact, it is the suppression and opposition of cultural identity and social, political and economic exclusion on the basis of culture that can spark violence and tensions.Third, diversity thrives in a globally interdependent world. Today’s intensified global interactions can function well when these are governed by bonds of shared values, communication and commitment. Societies c an develop cultural freedom by developing multiple and complementary identities as citizens of a state and members of a cultural group as well as being a global citizen (Human Development Report, 2004). Differences and diversity must be respected to avoid morbid mistrust for all things foreign resulting in policies that shut them out.Multiple and complementary identities are a reality in many countries where people have a sense of belonging to the country as well as to a group or groups within it. Lastly, addressing imbalances in economic and political power can help to forestall threats to the cultures of poor and weak communities. Discussion Shutting out ones’ culture from external cultural interactions is not feasible in the face of constant change.However, governments and international institutions can form policies such that traditions consistent with universal values can continue while giving people the choice to change over to newer lifestyles while discarding ineffect ive ones. The current necessity is to launch pro-poor public and corporate governance, effective social and environmental policies and respect for human rights though discussions with governments, indigenous people’s organizations, industry, labor unions and academia.Many private companies and indigenous people are working together for development. The World Intellectual Property Organization’s General Assembly established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in October 2000 (Human Development Report, 2004). Intellectual property rights are being extended in countries like Australia to protect traditional knowledge of indigenous communities. The essence is to include and integrate indigenous people in a globally integrated world.States and international institutions need to take the following measures in order to incorporate the concerns of indigenous peoples into the flow of investment and kn owledge: explicitly recognize indigenous people’s rights over their physical and intellectual property require consultations with indigenous communities and their participation for the use of any resource, thus ensuring informed consent, and empower communities by developing strategies to share benefits. Whether to treat cultural goods like any other commercial good or to make them an exception has become a highly contested issue in international trade negotiations.Some people consider products like films to be commodities with others feel that these are cultural products conveying values, ideas and meaning and therefore deserving special treatment. Accordingly several groups like those of film directors have led measures to insert â€Å"cultural exception† clauses into trade rules, thereby excluding cinema and other audiovisual foods from their provisions. The cultural exceptions touch people’s concerns that their national cultures might be swept away by the ec onomic forces in the global market, threatening their cultural identity.Many people fear that foreign films and television programs will spread foreign culture and eventually obliterate local cultures and traditional values. However, free flows of foreign products widen cultural choices and do not necessarily weaken commitment to national culture. Teenagers the world over listen to rap but that has not meant the death of classical music or local fold music traditions while attempts to shut off foreign influences might only lead to smuggled access to such products.Some countries, like Hungary, protect their productions through a quota of fifteen percent for national programs on the national television channel (Cohen, 2004). Once again, protection would involve reducing or blocking imports thereby decreasing expansion of diversity and choice. On the other hand promotion can help in maintaining healthy cultural industries while also keeping trade links open. In Hungary, six percent of the television receipts go to the production of Hungarian films.The 2001 Declaration on Cultural Diversity of the UNESCO set the stage for a number of international initiatives to encourage cultural diversity and biodiversity. The emergence of cultural industries can be supported by local governments. Local infrastructure can be created to export cultural products as well as build business incubators to encourage small and medium sized companies to market their products. International funds can also be mobilized for the same. Cultural tourism and partnerships with the World Trade Organization can disseminate advice to host communities on ways and means to protect and promote indigenous cultures.A number of creative methods can be undertaken to enhance the choices and enriching the changing culture. It is extremely common for more and more immigrants to be living in foreign lands while maintaining close ties with their country of origin through low cost travel and communications. The re are polarized solutions to this issue. Some would like to acknowledge the diversity and promote the inclusion of immigrants, while an alternative advocated by anti-immigrant groups would be to close countries to flows of people reversing the trend of increasing diversity.Those fearing that immigrants threaten national values make three arguments: that immigrants reject the core values of the country; that immigrant and local cultures clash inevitably leading to social conflict and fragmentation and that immigrant cultures are inferior and if allowed a foothold would undermine democracy and retard progress, a drain on economic and social development. Accommodating multiple cultures is not an ea sy job and requires blurring the boundaries that separate â€Å"us† and â€Å"not us†.People easily feel the dangers of having to accept those that are â€Å"not us† into their own groups in the future with possible accompanying degenerations. Although accepting multipl e cultures is difficult, history shows that it does happen. Contrary to popular beliefs that immigration can lead to cultural degeneration, immigration actually supports economic growth and development. Seventy percent of the foreign born students who get doctorates in the USA stay there and contribute to the country’s development.The way forward to this dilemma would be one of cultural recognition and socio-economic and political inclusion. Traditionally, there have been two approaches towards immigrants: differentialism and assimilation (Human Development Report, 2004). Differentialist polities help maintain clear boundaries between groups and respect them as separate communities, while assimilation policies seek to make immigrants become â€Å"more like us†. Both these approaches are inadequate for societies that respect diversity and differences.Culturally diverse societies are not predestined to disintegrate or to lose their national cultures and identities. Immig rants can in fact become full members of their adopted countries and still maintain ties to their countries of origin. The challenge is to craft polities that integrate the objectives of unity and respect for difference and diversity. Multiculturalism has recently become a third approach to integrating immigrants into the mainstream, one that recognizes the value of diversity and supports multiple identities.It began in Canada in the early 1960’s, when Prime Minister Pierre Trudeau articulated the idea in response to the challenges of a diverse population of indigenous people, French and English settlers (Human Development Report, 2004). Multiculturalism is not only about recognizing different value systems and cultural practices within society – it is also about building a common commitment to core, non-negotiable values such as human rights, rule of law, gender equality, and diversity and tolerance (IOM, 2003).Australia and India describe this as â€Å"Unity in Dive rsity† or Vasudevaya Kutumbakam – the world is a global family. Such a policy emphasizes not only the freedom of individuals to express and share their cultural values but also abide by mutual civic obligations. Conclusion Throughout this paper, the topic of globalization has been looked at through its effects on indigenous cultures. Indigenous cultures are affected by the flow of investment and knowledge, flow of cultural goods and the flow of people.It was argued that a multicultural approach must be followed while respecting the diversity and differences of various cultures. None of the flows should be shut off in order to protect the indigenous as this can only lead to myopia and lack of informed choice. Cultures are naturally changing due to inherent inconsistencies and there is much to gain from diverse cultures. Indigenous people must be included in the decision making process related to their physical and intellectual property in an interconnected world.Cultural products can be promoted through creative funding without shutting off trade links. Immigrant populations are capable of nurturing multiple identities, which can be enriched through a multicultural policy based on respect for differences and diversity. A globally interdependent world needs a multicultural strategy for native residents and immigrants that incorporate the fundamental principles of human rights and duties that benefit everyone.Complementary identities, or one’s â€Å"self† can evolve across national boundaries under these circumstances and identity and freedom can then flourish in a culturally diverse world.References Cohen-Marks, M. , & Faught, J.. (2010). Perceptions of Race Relations in Contexts of Ethnic Diversity and Change. Sociological Perspectives, 53(1), 73-98. Retrieved November 5, 2010, from ProQuest Psychology Journals. (Document ID: 1989814121). Forero, J. (2003). â€Å"Seeking Balance: Growth vs. Culture in Amazon† The New York T imes, 10 December. Human Development Report (2004). Oxford University Press: Oxford, England. IOM (International Organization for Migration) (2003). â€Å"Integration of Migrants: The IOM Approach. † Geneva. [http://www. iom. si/pdf/Indegration%20master. pdf]. Retrieved November 25, 2010. Lega, Nord (2004). â€Å"Stop Ai Clandestini† [http://www. leganord. org/a_2_docpolitici_ clandestini. htm]. Retrieved November 24, 2010. Smith, C. and Ward, G. K. (2000). Indigenous Cultures in an interconnected world, UBC Press: Vancouver.

Case Laws for Commercial Laws

LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as â€Å"the rule in Foss v Harbottle†, and the several important exceptions that have been developed are often described as â€Å"exceptions to the rule in Foss v Harbottle†. Amongst these is the ‘derivative action', which allows a minority shareholder to bring a claim on behalf of the company. This applies in situations of ‘wrongdoer control' and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies Judgement The court dismissed the claim and held that when a company is wronged by its directors it is only the company that has standing to sue. In effect the court established two rules. Firstly, the â€Å"proper plaintiff rule† is that a wrong done to the company may be vindicated by the company alone. Secondly, the â€Å"majority rule principle† states that if the alleged wrong can be confirmed or ratified by a of members in a general meeting, then the court will not interfere, Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules Some members of the National Union of Vehicle Builders sued the executive committee for increasing fees. Rule 19 of the union constitution required a ballot and a two third approval level by members. Instead a delegate meeting had purported to allow the increase without a ballot. Jenkins LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple majority can make an action binding, then no case can be brought. But there are exceptions to the rule. First, if the action is ultra vires a member may sue. Second, if the wrongdoers are in control of the union's right to sue there is a â€Å"fraud on the minority†, and an individual member may take up a case. Third, as pointed out by Romer J in Cotter v National Union of Seamen[1] a company should not be able to bypass a special procedure or majority in its own articles. This was relevant here. And fourth, as here, if there is an invasion of a personal right. Here it was a personal right that the members paid a set amount in fees and retain Salomon v A Salomon ; Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts. membership as they stood before the purported alterations. Facts Mr Aron Salomon made leather boots and shoes in a large Whitechapel High Street establishment. He ran his business for 30 years and â€Å"he might fairly have counted upon retiring with at least ? 10,000 in his pocket. † His sons wanted to become business partners, so he turned the business into a limited company. His wife and five eldest children became subscribers and two eldest sons also directors. Mr Salomon took 20,001 of the company's 20,007 shares. The price fixed by the contract for the sale of the business to the company was ? 9,000. According to the court, this was â€Å"extravagent† and not â€Å"anything that can be called a business like or reasonable estimate of value. † Transfer of the business took place on June 1, 1892. The purchase money the company paid to Mr Salomon for the business was ? 20,000. The company also gave Mr Salomon ? 10,000 in debentures (i. e. , Salomon gave the company a ? 10,000 loan, secured by a charge over the assets of the company). The balance paid went to extinguish the business's debts (? ,000 of which was cash to Salomon). Soon after Mr Salomon incorporated his business a series of strikes in the shoe industry led the government, Salomon's main customer, to split its contracts among more firms (the government wanted to diversify its supply base to avoid the risk of its few suppliers being crippled by strikes). His warehouse was full of unsold stock. He and his wife lent the company money. He cancelled his debentures. But the company needed more money, and they sought ? 5,000 from a Mr Edmund Broderip. He assigned Broderip his debenture, the loan with 10% interest and secured by a floating charge. But Salomon's business still failed, and he could not keep up with the interest payments. In October 1893, Mr Broderip sued to enforce his security. The company was put into liquidation. Broderip was repaid his ? 5,000, and then the debenture was reassigned to Salomon, who retained the floating charge over the company. The company's liquidator met Broderip's claim with a counter claim, joining Salomon as a defendant, that the debentures were invalid for being issued as fraud. The liquidator claimed all the money back that was transferred when the company was started: rescission of the agreement for the business transfer itself, cancellation of the debentures and repayment of the balance of the purchase money. Lee v Lee’s Air Farming Ltd [1961] AC 12 is a UK company law case, concerning the veil of incorporation and separate legal personality. The Privy Council reasserted that a company is a separate legal entity, so that a director could still be under a contract of employment with the company he solely owned. Facts Mrs Lee’s husband formed the company through Christchurch accountants, which worked in Canterbury, New Zealand. It spread fertilisers on farmland from the air, known as top dressing. Mr Lee held 2999 of 3000 shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. Mrs Lee wished to claim under the Workers’ Compensation Act 1922, and he needed to be a ‘worker’, or ‘any person who has entered into or works under a contract of service†¦ with an employer†¦ whether remunerated by wages, salary or otherwise. The company was insured (as required) for worker compensation. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. North J said[1] â€Å"the two offices are clearly incompatible. There would exist no power of control and therefore the relationship of master-servant was not created. ADVICE The Privy Council advised that Mrs Lee was entitled to co mpensation, since it was perfectly possible for Mr Lee to have a contract with the company he owned. The company was a separate legal person. Lord Morris of Borth-y-Gest said It was never suggested (nor in their Lordships’ view could it reasonably have been suggested) that the company was a sham or a mere simulacrum. It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company. If, then, it be accepted that the respondent company was a legal entity their Lordships see no reason to challenge the validity of any contractual obligations which were created between the company and the deceased†¦ It is said that the deceased could not both be under the duty of giving orders and also be under the duty of obeying them. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders. Control would remain with the company whoever might be the agent of the company to exercise†¦ There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. The company and the deceased were separate legal entities. Perpetual Real Estate Services, Inc. v. Michaelson Properties Facts Aaron Michaelson formed Michaelson Properties, Inc in 1981. Aaron was the sole shareholder and the corporation's president. It was a business for real estate joint ventures. It entered a joint venture with Perpetual Real Estates (forming a partnership called â€Å"Arlington Apartment Associates†) to build condominiums. As they were building, further finance was needed. Michaelson Properties Inc could not put up its share, so Perpetual loaned it $1. 05m, and got a personal guarantee from Aaron. The apartments did not turn out to be built that well. Purchasers sued the partnership successfully for $950,000. Perpetual Real Estates paid it off on the partnership's behalf. Then they sought Michaelson Properties Inc to contribute its share. It did not have the money, and went bust. So they sued Aaron to pay. He argued that Michaelson Properties, Inc was a separate legal person to him, and it was inappropriate to pierce the corporate veil. At first instance the jury held Aaron should pay. Aaron appealed. Judgment Wilkinson J noted that Virginia law had assiduously upheld the â€Å"vital economic policy† of respecting a corporation as a separate legal entity, since it underpinned the operation of vast enterprises. He emphasised that the veil would only be lifted where a defendant exercises â€Å"undue domination and control† and uses the corporation as â€Å"a device or sham†¦ to disguise wrongs, obscure fraud, or conceal crime. â€Å"[1] He said the description of the law which the jury had heard was in a â€Å"rather soggy state† and emphasised that it was not enough that â€Å"an injustice or fundamental unfairness† would be perpetrated. â€Å"The fact,† he continued, â€Å"that limited liability might yield results that seem â€Å"unfair† to jurors unfamiliar with the function of the corporate form cannot provide a basis for piercing the veil. Because there was no evidence that Aaron was attempting to defraud anybody, the veil could not be lifted. There was no â€Å"unfair siphoning of funds† when Aaron paid himself a dividend, because distribution was entirely foreseeable when the money was given, and the distribution happened well before any suit was filed. The fact that Aaron had given personal guarantees strengthened the corporate veil presumption, because the transactions recognized it existed. Veil lifting by the courts (1) Where company is a Sham or Facade Adams v Cape Industries English law has suggested a court can only lift the corporate veil when (1) construing a statute, contract or other document; (2) if a company is a â€Å"mere facade† concealing the true facts, or (3) when a subsidiary company was acting as an authorised agent of its parent, and apparently not so just because â€Å"justice requires† or to treat a group of companies as a single economic unit, in the case of tort victims, the House of Lords suggested a remedy would in fact be available. In Lubbe v Cape plc[1] Lord Bingham held that the question of proving a duty of care being owed between a parent company and the tort victims of a subsidiary would be answered merely according to standard principles of negligence law: generally whether harm was reasonably foreseeable. the decision in Yukong Line Ltd of Korea v Rendsburg Investment Corpn of Liberia (No 2) [1998] 2 BCLC 485 was timely in pointing out that creditors have no standing, individually or collectively to bring an action in respect of any such duty. Toulson J, held that a director of an insolvent company who, in breach of duty to the company, transferred assets beyond the reach of its creditors owed no corresponding fiduciary duty to an individual creditor of the company. The appropriate means of redress was for the liquidator to bring an action for misfeasance (the Insolvency Act 1986, section 212). ?Notwithstanding the logistical issue of locus standi raised by Toulson J. the question of directors’ duties to creditors again emerged in two recent decisions of the Companies Court 2) Where the company is used for a fraudulent purpose Sri Jaya Berhad v RHB Berhad The courts in Singapore thus far have been reluctant to pierce the corporate veil when called upon to do so and indicated that they would only exercise their power when called upon to do so sparingly . Re Darby, ex parte Brougham [1911] 1 KB 95 is a UK company law case concerning piercing the corporate veil. It is a clear example of the courts ignoring the veil of incorporation where a company is used to conceal a fraudulent operation. Facts Darby and Gyde were undischarged bankrupts with convictions for fraud. They registered a company called City of London Investment Corporation Ltd (LIC) in Guernsey. It had seven shareholders and issued ? 11 of its nominal capital of ? 100,000. Darby and Gyde were the only directors and entitled to all profits. The company purported to register and float a company in England called Welsh Slate Quarries Ltd, for ? 30,000. It bought a quarrying licence and plant for ? 3500 and sold this to WSQ for ? 18,000. The prospectus invited the public to take debentures in WSQ. It stated the name of LIC, but not Darby and Gyde, or the fact that they would receive the profit on sale. WSQ failed and went into liquidation. The liquidator claimed Darby’s secret profit, which he made as a promoter. Darby objected that the LIC and not him was the promoter. Judgment Phillimore J rejected the argument. LIC ‘was merely an alias for themselves just as much as if they had announced in the Gazette that they were in future going to call themselves ‘Rothschild ; Co’. They were ‘minded to perpetrate a very great fraud’ __________________________ Creation of Agency (1) Actual Authority The doctrine of estoppel comes into play here to prevent a principal from asserting to a third party that the agent has authority when in fact he does not, and then subsequently the principal seeks to renege on an agreement on the basis that the agent never had actual authority. In law, apparent authority refers to the authority of an agent as it appears to others,[3] and it can operate both to enlarge actual authority and to create authority here no actual authority exists. [4] The law relating to companies and to ostensible authority are in reality only a sub-set of the rules relating to apparent authority and the law of agency generally, but because of the prevalence of the issue in relation to corporate law (companies, being artificial persons, are only ever able to act at all through their human agents), it has developed its own specific body of cas e law. However, some jurisdictions use the terms interchangeably. In Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 the director in question managed the company's property and acted on its behalf and in that role employed the plaintiff architects to draw up plans for the development of land held by the company. The development ultimately collapsed and the plaintiffs sued the company for their fees. The company denied that the director had any authority to employ the architects. The court found that, while he had never been appointed as managing director (and therefore had no actual authority, express or implied) his actions were within his ostensible authority and the board had been aware of his conduct and had acquiesced in it. Diplock LJ identified four factors which must be present before a company can be bound by the acts of an agent who has no authority to do so; it must be shown that: 1. a representation that the agent had authority to enter on behalf of the company into a contract of the kind sought to be enforced was made to the contractor; 2. uch a representation was made by a person or persons who has ‘actual' authority to manage the business of the company, either generally or in respect of those matters to which the contract relates; 3. the contractor was induced by such representation to enter into the contract, i. e. that he in fact relied upon it; and 4. under its memorandum or articles of association the company was not deprived of the capacity either to enter into a contract of the kind sought to be enforced or to delegate authority to enter into a contract of that kind to an agent. The agent must have been held out by someone with actual authority to carry out the transaction and an agent cannot hold himself out as having authority for this purpose. [5] The acts of the company as principal must constitute a representation (express or by conduct) that the agent had a particular authority and must be reasonably understood so by the third party. In determining whether the principal had represented his agent as having such authority, the court has to consider the totality of the company's conduct. 6] The most common form of holding out is permitting the agent to act in the conduct of the company's business, and in many cases this is inferred simply from allowing the agent to use a particular title, such as ‘finance director'. The apparent authority must not be undermined by any limitations on the company's capacity or powers found in the memorandum or articles of association, although in many countries, the effect of this is reduced by company law reforms abo lishing or restricting the application of the ultra vires doctrine to companies. 7] However, statutory reforms do not affect the general principle that a third party cannot rely upon ostensible authority where it is aware of some limitation which prevents the authority arising, or is put on enquiry as to the extent of an individual's authority. [8] In some circumstances, the very nature of a transaction would be held to put a person on enquiry. Facts Lord Suirdale (Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred. Brayhead Ltd refused to pay on the basis that Mr Richards had no authority to make the guarantee and indemnity contract in the first place. Roskill J held Mr Richards had apparent authority to bind Brayhead Ltd, and the company appealed. That has been done in the judgments of this court in Freeman ; Lockyer v Buckhurst Park Properties (Mangal) Ltd. [1] It is there shown that actual authority may be express or implied. It is express when it is given by express words, such as when a board of directors pass a resolution which authorises two of their number to sign cheques. It is implied when it is inferred from the conduct of the parties and the circumstances of the case, such as when the board of directors appoint one of their number to be managing director. They thereby impliedly authorise him to do all such things as fall within the usual scope of that office. Actual authority, express or implied, is binding as between the company and the agent, and also as between the company and others, whether they are within the company or outside it. Ostensible or apparent authority is the authority of an agent as it appears to others. It often coincides with actual authority. Thus, when the board appoint one of their number to be managing director, they invest him not only with implied authority, but also with ostensible authority to do all such things as fall within the usual scope of that office. Other people who see him acting as managing director are entitled to assume that he has the usual authority of a managing director. But sometimes ostensible authority exceeds actual authority. For instance, when the board appoint the managing director, they may expressly limit his authority by saying he is not to order goods worth more than ? 00 without the sanction of the board. In that case his actual authority is subject to the ? 500 limitation, but his ostensible authority includes all the usual authority of a managing director. The company is bound by his ostensible authority in his dealings with those who do not know of the limitation. He may himself do the â€Å"holding-out. † Thus, if he orders goods worth ? 1,000 and signs himself â€Å"Managin g Director for and on behalf of the company,† the company is bound to the other party who does not know of the ? 00 limitation (2) Apparent Authority An ‘apparent’ or ‘ostensible’ authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the ‘apparent’ authority, so as to render the principal liable to perform any obligations imposed upon him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation but he must not purport to make the agreement as principal himself. The representation, when acted upon by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. In ordinary business dealings the contractor at the time of entering into the contract can in the nature of things hardly ever rely on the ‘actual’ authority of the agent. His information as to the authority must be derived either from the principal or from the agent or from both, for they alone know what the agent’s actual authority is. All that the contractor can know is what they tell him, which may or may not be true. In the ultimate analysis he relies either upon the representation of the principal, that is, apparent authority, or upon the representation of the agent, that is, warranty of authority. The representation which creates ‘apparent’ authority may take a variety of forms of which the commonest is representation by conduct, that is, by permitting the agent to act in some way in the conduct of the principal’s business with other persons. By so doing the principal represents to anyone who becomes aware that the agent is so acting that the agent has authority to enter on behalf of the principal into contracts with other persons of the kind which an agent so acting in the conduct of his principal’s business has usually ‘actual’ authority to enter into. | First International v Hungarian International Bank| An agent who had no apparent authority to conclude a transaction might nevertheless have apparent authority to make representations of fact concerning it, such as the fact that his principal had given the necessary approval for it. The Court of Appeal dismissed an appeal by the defendant, Hungarian International Bank Ltd, and upheld a decision of Judge Michael Kershaw QC, sitting as a deputy High Court judge in the Commercial Court on 23 October 1991, giving judgment for the plaintiff, First Energy (UK) Ltd. The case concerned an alleged contract under which the defendant was to provide the plaintiff with business finance. One of the issues was whether the defendant's agent had ostensible authority to communicate the offer upon which the contract was based. The judge held that he did, and that the plaintiff accepted that offer, so creating the contract. Mary Arden QC and Michael Todd (Chaffe Street, Manchester) for the defendant; Giles Wingate-Saul QC and Andrew Sander (Davies Arnold Cooper) for the plaintiff. LORD JUSTICE STEYN said a theme that ran through the law of contract was hat the reasonable expectations of honest men must be protected. It was not a rule or principle of law. But if the prima facie solution to a problem ran counter to reasonable expectations of honest men, this criterion sometimes required a rigorous re-examination of the problem to ascertain whether the law did compel demonstrable unfairness. In the present case, if their Lordships were to accept the implication s which the defendant had placed on observations of the House of Lords in Armagas Ltd v Mundogas SA (1986) 1 AC 717, it would frustrate the reasonable expectations of the parties. The plaintiff's case was that the defendant's agent, while not authorised to enter into the transaction, did have ostensible authority to communicate his head office's approval of the financing facility. He had sent the plaintiff a letter to this effect, which the judge held amounted to an offer capable of acceptance by the plaintiff. The law recognised that in modern commerce an agent who had no apparent authority to conclude a particular transaction might sometimes be clothed with apparent authority to make representations of fact. A decision that the agent did not have such authority would defeat the reasonable expectation of the parties. It would also fly in the face of the way in which in practice negotiations were conducted between trading banks and trading customers who sought commercial loans. RATIFICATION The agent whose act is sought to be ratified must have purported to act for the principal: Keighley, Maxstead ; Co v Durant [1901, UK], endorsed by Crowder v McAlister [1909, Qld] per Cooper CJ – â€Å"There can be no ratification of a contract by a person sought to be made liable as a principal, unless the person who made the contract professed to be acting on behalf of the other at the time. Keighley, Maxstead ; Co v Durant [1901, UK]: An agent had authority to purchase grain up to a particular price. Ended up contracting to pay too much, KMCo first decide to ratify, then change their minds. Problem was that the contract was in the name of the agent and of D. D sues, but loses. a. At the time the act was done the agent must have had a competent principal: Corporations Law – s 131(1). b. At the time of ratification the principal must be legally capable of doing the act himself. c. The principal must have full knowledge of all material facts relating to the act to be ratified. Ratification must take place within a reasonable time of the agent’s act unless the contract stipulates another more specific timeframe. The principal has no right to see if market conditions improve, or similar, before ratifying: Prince v Clark (1823). Ratification: entering into an unauthorised contract The principles of ratification Where an agent enters into an unauthorised contract, the principle may be happy to adopt it. This can be done by the process of ratification. For ratification to be available, however, the agent must purport to act on behalf of a principle, the principle must be in existence at the time of the contract, and the principle must have capacity. The agent must purport to act on behalf of a principle Because the agent must purport to be acting on behalf of another, ratification is not available where the principle is undisclosed. The third party must know that there is, or is supposed to be, a principle in the background. If the third party thinks that the agent is acting on his or her own account, no later ratification will be possible. The principle must be in existence at the time of the contract The second requirement for ratification, that is, that the principle is in existence at the time of ratification, arises mainly in relation to contracts made on behalf of new companies which are being formed. In Kelner v Baxter, it was held that if the company was not existence (in that it had not been incorporated) at the time of the contract, it could not later ratify the agreement. The purported ‘agents’, the promoters of the company, were therefore personally liable. Such personal liability is now imposed by statute, by virtue of s 36C of the Companies Act 1985. The principle must have capacity The final requirement is that the principle must have capacity. There are in theory two aspects to this rule. The first rule is that the principle must have capacity to make the transaction at the time of the contract. This has most obvious relevance to minors, who want to ratify after reaching majority. It could also apply to contracts made outside the powers of a company. The second aspect is that the principle must have capacity at the time of ratification. This was applied in Grover and Grover Ltd v Matthews. A contract of fire insurance was purported to be ratified after a fire had destroyed the property which was the subject of the insurance. It was held that this was ineffective because at the time of the purported ratification the principle could not have made the contract himself (because the property no longer existed). ‘Capacity’ is thus being given a rather broader meaning than usual, to cover the issue as to whether the principle would have in practice been able to make the contract in question. Ratification is retrospective in its effect, and the original contract must be treated as if it had been authorised from the start. This was confirmed by the Court of Appeal in Presentaciones Musicales SA v Secunda. The implications of this rule are clear from the decision in Bolton Partners v Lambert. Bolton Partners owned a factory, which Lambert offered to buy. This offer was accepted by the managing director, though in fact he had no authority to do this. On 13 January, there was a disagreement, and Lambert withdrew his offer. On 17 January, Bolton Partners started proceedings for breach of contract. On 28 January, the Board of Directors of Bolton Partners ratified the actions of the managing director. Lambert argued that this ratification came too late, but the Court of Appeal held that it had retrospectively validated the original contract, and that Lambert’s attempt to withdraw was therefore ineffective. INDOOR MANAGEMENT RULE and LIABLITY OF CRIMINAL and TORTOUS ACTS Royal British Bank v Turquand (1856) 6 E;B 327 is a UK company law case that held people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not. This â€Å"indoor management rule† or the â€Å"Rule in Turquand's Case† is applicable in most of the common law world. It originally mitigated the harshness of the constructive notice doctrine, and in the UK it is now supplemented by the Companies Act 2006 sections 39-41. The rule in Turquand's case was not accepted as being firmly entrenched in law until it was endorsed by the House of Lords. In Mahony v East Holyford Mining Co[1] Lord Hatherly phrased the law thus: When there are persons conducting the affairs of the company in a manner which appears to be perfectly consonant with the articles of association, those so dealing with them externally are not to be affected by irregularities which may take place in the internal management of the company. So, in Mahoney, where the company's articles provided that cheques should be signed by any two of the three named directors and by the secretary, the fact that the directors who had signed the cheques had never been properly appointed was held to be a matter of internal management, and the third parties who received those cheques were entitled to presume that the directors had been properly appointed, and cash the cheques. The position in English law is now superseded by section 40 of the Companies Act 2006,[2] but the Rule in Turquand's Case is still applied throughout many common law jurisdictions in the Commonwealth. According to the Turquand rule, each outsider contracting with a company in good faith is entitled to assume that the internal requirements and procedures have been complied with. The company will consequently be bound by the contract even if the internal requirements and procedures have not been complied with. The exceptions here are: if the outsider was aware of the fact that the internal requirements and procedures have not been complied with (acted in bad faith); or if the circumstances under which the contract was concluded on behalf of the company were suspicious. However, it is sometimes possible for an outsider to ascertain whether an internal requirement or procedure has been complied with. If it is possible to ascertain this fact from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply and not the Turquand rule. The Turquand rule was formulated to keep an outsider's duty to inquire into the affairs of a company within reasonable bounds, but if the compliance or noncompliance with an internal requirement can be ascertained from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply. If it is an internal requirement that a certain act should be approved by special resolution, the Turquand rule will therefore not apply in relation to that specific act, since a special resolution is registered with Companies House (in the United Kingdom), and is deemed to be public information. Liability In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be liable, the director or senior officer must have that state of mind and it must be attributed to the company. In Meridian Global Funds Management Asia Limited v. Securities Commission [1995] 2 AC 500, two employees of the company, acting within the scope of their authority but unknown to the directors, used company funds to acquire some shares. The question was whether the company knew, or ought to have known that it had acquired those shares. The Privy Council held that it did. Whether by virtue of their actual or ostensible authority as agents acting within their authority (see Lloyd v Grace, Smith ; Co. [1912] AC 716) or as employees acting in the course of their employment (see Armagas Limited v Mundogas S. A. [1986] 1 AC 717), their acts and omissions and their knowledge could be attributed to the company, and this could give rise to liability as joint tortfeasors where the directors have assumed responsibility on their own behalf and not just on behalf of the company. So if a director or officer is expressly authorised to make representations of a particular class on behalf of the company, and fraudulently makes a representation of that class to a Third Party causing loss, the company will be liable even though the particular representation was an improper way of doing what he was authorised to do. The extent of authority is a question of fact and is significantly more than the fact of an employment which gave the employee the opportunity to carry out the fraud.

Democratic Theory Essay

The concept of democracy has developed through the theories that different personalities have created. Among the most notable individuals that gave substantial contribution to democracy are Thomas Hobbes, John Locke, and Jean Jacques Rousseau through their social contract theory. The social contract theory serves as a foundation in the establishment of the major tenets of democracy. The social contract theory of Thomas Hobbes is affected by his belief regarding human nature. Hobbes deems that people are living in a state of nature wherein each individual has a right to everything in the world. However, this could become chaotic as people have varying and often times conflicting interests. As such, this kind of situation will eventually lead to conflict. In relation to this, he asserts that people should surrender their natural rights to a sovereign authority that will be responsible in protecting them against a life that is â€Å"solitary, poor, nasty, brutish, and short† (Friend). He also states that the abuses of power by this sovereign authority should be accepted in exchange for peace (Friend). On the contrary, the social contract theory of John Locke is different from Hobbes as he believes that the state of nature is not a state without morality. It is pre-political as there is no civil authority or government, but it is not pre-moral because people are regarded as equal with one another in the state of nature and they are capable of discovering the law of nature, which is the basis of all morality. Individuals in this state of nature would come together and surrender their rights to the public power of a government in order for this body to punish those who transgress the law of nature. Another difference of Locke’s theory from Hobbes is that he does not believe that the abuses of power of a supreme authority should not be tolerated, rather the people has the right to reject an abusive government and return to the state of nature to be able to construct a better governing body (Friend). Jean Jacques Rousseau’s social contract theory is largely influenced by the enlightenment age as it was created during that time. Roseau asserts that humans are essentially free in the state of nature but the progress of civilization made people infringe upon the liberty of others through economic and social inequalities. In this sense, he believes that people should have an agreement to come together through the social pact wherein individual persons become collective in surrendering their individual rights and freedom and transfer it to a single body. This single body is composed of the people that are directed towards the common good of the people. As such, the government in Rousseau’s theory is authorized through the general will of the people, which is regarded as a direct form of democracy. His theory is different from Hobbes and Locke because of his idea of respecting the individual will and still allowing them to assemble themselves to form a general will that will embody all the people concerned (Friend). Despite the fact that democracy is regarded as one of the ideal forms of government, it still has its corresponding problems. One of the most notable dilemmas in a democratic system is that the minority is sometimes put in a disadvantageous position as the will of the majority reigns supreme. Another predicament is the ability of the people to vote for the right officials that they will elect in the government. Voting wisely requires people to have the necessary knowledge and ability to discern the right candidates that they will choose. However, this becomes difficult especially for countries where people are illiterate and could be easily influenced by propaganda (Haarsma and Kuchling). Works Cited Friend, Celeste. 2006. â€Å"Social Contract Theory. † The Internet Encyclopedia of Philosophy. 10 June 2009 . Haarsma, Loren. , and Kuchling, Andrew Mark. 10 February 1992. â€Å"Problems with Democracy. † 10 June 2009 .

What Main Measures Of Economic Activity Fail Include CPI and GDP Essay

What Main Measures Of Economic Activity Fail Include CPI and GDP - Essay Example The nation's central measure of well-being works like a calculating machine that adds but cannot subtract. It treats everything that happens in the market as a gain for humanity, while ignoring everything that happens outside the realm of monetized exchange, regardless of the importance to well-being (Cobb, 1995). But GNP/GDP measures have some flaws in fully estimating economic development; the most common flaws are listed below: One should not neglect the way GDP ignores the contribution of the social realm--that is, thus the economic roles of household is not taken into account. This is where much of the nation's most important work gets done. Why this happens can be explained by the fact that money do not change hands. The GDP doesn't count it at all--which means that the more our families and communities decline and a monetized service sector takes their place, the more the GDP goes up. The GDP totally disregard the distribution of income, for example, so that enormous gains at the top appear as new prize for all. It makes no distinction between the person in the secure high-tech job and the "downsized" white-collar worker who has to work two jobs at lower pay. CPI CPI is used as an economic indicator to measure inflation. The CPI is an indicator of the effectiveness of government policy, besides it is used by business executives, labor leaders and other private citizens use the index as a guide in making economic decisions. The Columbia Encyclopedia defines The Consumer Price Index (CPI), as a measurement of the cost of living prepared by the U.S. Bureau of Labor Statistics, tracks changes in retail prices of an average "market basket." Changes are compared to prices in a previously selected base year, from which figures the percentage increase or decrease in the cost of living can be calculated. In addition to changes over time, such analyses must also consider regional variations in the cost of living, and the relative weighting of the components of the index must be reappraised periodically. Despite its enhancements over the years, the CPI still has considerable problems as an inflation measure. For instance, the index overstates many individual price increases by failing to fully adjust posted price changes for quality improvements and by underestimating the growth of sales by discount retailers (Bureau of Labor Statistics, 1997). Economists take into consideration the CPI when taking time-series measurements of financial instruments, since such measurements can only sense if they are expressed in "constant" money terms. One should bear in mind that the CPI is not an economic variable, as it is statistic measure of inflation. To calculate the monthly CPI, the US Department of Labor takes a weighted average of prices of various things that consumers purchase, and then its statisticians try to figure out the various proportions of different items in a "mythical" household budget. For example, the

Financial risks Essay Example | Topics and Well Written Essays - 500 words

Financial risks - Essay Example Transaction exposure is linked with the future gain or loss which the company will be making related to future obligation settlements. To handle transitional risk, company goes for different hedging techniques, but hedging if more profitable in the short terms as compared to long term (Shim, Shim & Siegel, 2008, pp 365). Economic exposure is the most sensitive exposure because its effect is far broader as compared to the others. The extent to which economic exposure will affect a company depends on nature of the company or the industry in which company is. These economic factors can be macro economic factors which have their impact world wide or can be micro economic factors like socio-economic factors or political factors specifically to a particular country (Shim, Shim & Siegel, 2008, pp 365). The main motto of any organization is to reduce cost of production and to increase profit for the stakeholders. As through marketing, the management tries to increase revenue, so such strategies are being made through which BMW can increase their sale in those countries where currency is appreciating or is over valued and they will restructure their marketing plan for the countries where currency is depreciating or are undervalued. Same strategy is adopted while launching new product into market; BMW introduces its new products when currencies are appreciating so that they can collect revenue as high as possible. Thus the process is more or less like a long term call option. BMW remain highly cautious for finalizing their marketing expenditure. Company always keeps in mind that marginal expenditure made on any unit should be less than the marginal profit per unit. Strategy for production is just the reverse of marketing strategy as the company always tries to lower down production cost as far as possible. BMW expands its production capacity

Indigenous People and Cultures Essay Example | Topics and Well Written Essays - 2000 words

Indigenous People and Cultures - Essay Example The internationalization of the English language is the most powerful tool for ruling the world that has taken universal and homogenous mandates. A section of critiques and writers of postcolonial literature like Fairclough, Jenkins, McLaren, and Lankshear, among others, argue that the English language curriculum, especially in Aboriginal schools, needs critical studies and reforms as the current imposition and usage reflect the colonial relations (Clarence and Renshaw, 2009). With reference to the Aboriginal communities and the English language, there have been numerous schools of thoughts and ideologies that require an in-depth study and reform of the current English curriculum. From a personal perspective, the education system is becoming more based on policy prescription and arbitrary then being real. With emphasis to English teachers, the latter have had to widen their views and perceptions regarding the English study. Similar to other educational institutions, teachers are cont inuously changing roles from dispensing of knowledge to facilitating learning and aiding acquisition of knowledge by students. The wider teaching practices in New South Wales Higher School Certificate seem to be limited to examination prosperity (Alberta Education). Much less is done to extend the gained knowledge from prescribed texts into exploring the ways in which texts depicts interpretation and reading positions in the world around them. In addition, these texts further marginalize and subjugate indigenous and aboriginal literature and language (Garcia and Kleifgen, 2010). The basis of the critique will be the New South Wales (NSW) Department of Education and Training reform initiative, with the Quality Teaching pedagogy that incorporates the three dimensions of Significance, Intellectual learning, and quality learning environment. An analysis and critique of the current (postcolonial) English curriculum requires a presentation and review of the works of some English curriculu m specialists in indigenous Australia in order to justify the critique approach and highlight the fact that the English curriculum needs to be reformed. The focus of the critique are the numerous suggestion presented in Australia and other countries that host aboriginal communities by these writers and other researchers. Among the notable writers and researchers, include Lankshear and his argument that the goal of literacy is to pursue and achieve a universal literate population that employs literacy in the persuasion of their economic, social, and cultural purposes (Hooley, 2009). According to Green, another researcher, the review of the available rhetoric meanings is fundamental in an English class. The argument behind his observation is that the English language has a cultural construction, thus its form has different meanings to the users. The arguments of Green follow the knowledge that people acquire linguistic skills through the first language and its dialect, and that these dialects are transferrable to the second language easily (Clarence and Renshaw, 2009). To understand the above concept, there is need to understand the Aboriginal English. According to Aboriginal English researchers, the language is linguistically complex, has a cultural embedding, follows rule governance, and is widely acknowledged by most teachers, regardless of the fact they do not know the exact form of the English langu

Corporate Governance and Ethics Case Study Example | Topics and Well Written Essays - 3500 words

Corporate Governance and Ethics - Case Study Example In addition to that it also explains the causes of failure of the leaders of GSK in preventing ethical issues related to integrity failures. Task 2 explains bribery as an ethical issue particularly for companies undertaking international business. It also investigates the ethical and moral issues of bribery and the difficulties that cultural relativism introduces to business ethics. And finally task 2 comments on the steps that GSK should take in order to prevent future ethical dilemmas and reputational damage from perceived failures of ethical and moral conduct. Table of Contents Table of Contents 3 Introduction 4 PART A 4 PART B 7 Conclusion 10 Works Cited 11 Name of the Student Name of the Professor Course Number Date Introduction â€Å"The primary and only responsibility of business is to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game† - Milton Friedman (37) Ethics is a critical factor in the fie ld of corporate governance and henceforth to the performance of a corporation. It can be associated in two different ways via ethical values and assumptions that support a specified regime or code of corporate governance. ... The following section in this report will explain the theories of ethics and corporate governance from the perspective of a pharmaceutical company. PART A 1. It is evident from the case study that there have been quite a few ethical lapses as far as the corporate governance of GlaxoSmithKline is concerned. In the last decade, cases of ethical lapses have been witnessed in pharmaceutical companies. The company was accused of lapses in bribery, fraud and corruption, product safety, false marketing and advertising. Pharmaceutical companies were alleged to have breached the regulatory standards by selling and marketing products which did not meet the criteria specified by the board (Institute of Business Ethics, â€Å"Business Ethics Briefing†). As explained above, GlaxoSmithKline had similar ethical lapses. After studying the report carefully it can be suggested that the company fraudulently managed study designs in order to obtain favourable results. In addition to that, they ha ve concealed results which were unflattering and were against the company’s favour. The company also failed to update people with the negative results thereby producing drugs which were detrimental to the health of the patients. GlaxoSmithKline was accused of hiding information related to the side effects of certain drugs produced by them. Promoting the usage of ‘off – label’ drugs has also been witnessed which led to misuse of medicines. Another ethical lapse noticed in the strategies adopted by the company is the use of promotions such as medical education programs, advisory boards, speaker events and grants. They were accused of using grants to promote drug

Size Exclusion Chromatography- Protein Separation Polyacrylamide Gel Lab Report

Size Exclusion Chromatography- Protein Separation Polyacrylamide Gel Electrophoresis - Lab Report Example These standards were used to plot the calibration curve. The retention times, which is equivalent to elution volume (Ve) of each protein was plotted as a function of the log 10 of the molecular weight of the standards as shown in figure two. This calibration curve was used to estimate the relative molecular weights of the unknown samples. The Value for X and Y in this function is equivalent to elution volume (Ve) and Log10 of the molecular weight. Substituting Ve with the retention time value, the Log M and molecular weights of the unknown samples were determined as shown on table three below. Size exclusion chromatography is a HPLC technique that separates molecules based on their size or molecular weight (Bernd, 2). Using this technique the molecular weight of five unknown protein molecules was estimated as shown in table three. However, the validation assay of the technique did not give expected resolution, limits the validity of the results. Clear and distinct peaks on this graph depict a high resolution of the assay and thus credible results. A number of factors; such as column length, flow rate and technical errors may have influenced the poor resolution of the peaks in the UV protein absorption profile (Hong and Fountain, 5-6). Further optimization experiments may be necessary to overcome these errors and achieve a good

Research Challenges Report Essay Example | Topics and Well Written Essays - 1500 words

Research Challenges Report - Essay Example It presents the experience of using the case study research design in two real world family businesses, in which, one is our family business which is reaching its third (3rd) generation with me. The report describes the challenges that are faced and state the lessons learned in this experience, that, the case studies are very active and useful aspects of the study, and that the participant or persons in the case studies, influences the research conduct. It offers a critical review and personal reflection with regards to whether and why the research approach applies to the dissertation in question. All research designs, irrespective of where there being applied, have their merits and demerits. Therefore, when choosing a research method/design to be used in a given study, there are many factors that need to be considered. While undertaking a dissertation, several approaches may be considered including evaluation of research requirements and then developing a research plan. This was the approach that preceded the selection of the research approach, the case study method. In this case, the dissertation topic was â€Å"What are the Key Considerations for Long Term Success in Large Family Businesses?† This dissertation explored the challenges that family businesses experience with regards to continuation of the business for the generations that follow. This is because, the number of family members keeps increasing and not all have the same set of required skills and knowledge for working in the family business or getting involved in the family business decisions. The assumption is that, challenges exist with regards to the future of family business unless certain careful measures are taken. This is the purpose of this research, exploring and outline the key steps that would guarantee the success in large family businesses. The goal of this study was to understand how business roots and emotional attachment

Human perception on gambling and investing (online sports betting and Essay

Human perception on gambling and investing (online sports betting and day trading) - Essay Example ---------- has contributed greatly to making me the person that I am today. I express my sincere gratitude to my supervisor, ------------ whose guidance and wisdom helped me to give a coherent shape to my material, and remain confident and optimistic throughout the entire process. His ability to incessantly identify the lacunae in my writing, served to challenge my thinking; his critical passion and intellectual humor encouraged me to keep pushing myself to the limits of my ability. If it were not for his positive attitude and encouragement, this dissertation would not have been completed. I would like to thank --------------- for her creative drive and immense generosity, and the support and trust that she had reposed in me throughout the years spent at -------, and for all the practical advice and thoughts, and for all the time that she had spent on talking and discussing various subjects with me. In addition, I would like to specifically thank the----------------- and his colleagues for their support, for the time spent on discussing my subject and area of interest, for all the advice and directions given in order to sharpen my ideas and construct my dissertation topic, and also for their unreserved sharing of knowledge with me. I have profited greatly from ----------, who helped me to develop my ideas at the initial stage of the ------ program. I was lucky to have met him at the beginning of the ---------- studies while I was still struggling with my first drafts forms. He was able to understand, much before I could, as to the objective of my thesis and what I was attempting to convey. He gave me the courage and inspiration, and also taught me to love the research and writing process. I am especially grateful to ----------------- ., first, for the impetus that she imparted to me, in order to take up the program and secondly for always

International competition and risk management of Ultra Electronics Essay

International competition and risk management of Ultra Electronics Holdings - Essay Example To a large extent therefore, a company that wants to compete effectively must be in a position to identify what customer needs are, how other competitors are meeting up with these needs, and devising strategies to counteract the provisions being made by their competitors. This way, we say a competitive advantage has been created (David & Desheng, 2008). But what is more interesting is the fact that as companies try to create competitive urge over their competitors, a not too pleasant situation with risk sets in, creating the need to management the risks alongside the creation of competitive advantage. In this paper therefore, how Debenhams Plc undertakes international competition and manage risk are critically discussed. Company description Listed on the London Stock Exchange and a member of the FTSE 250 Index, the eighteenth century founded Debenhams plc now has over 172 locations across the UK, Denmark and Ireland (Fredriksson and Patrik, 2009). The company operates mainly as a ret ail chain with a departmental store outlook in the United Kingdom. There are also a number of area monopoly stores in other countries, making Debenhams a trading international company faced with the task and need to engage in international competition. Stores in UK, Ireland and Denmark serve as the major market segments for the company. Some of its international franchise however includes 68 stores that are operated under license in as any as 25 countries. This means that for each of the countries, the company establishes its market presence firmly there by having 2 to 3 operating stores (Biasi, 2011). in the next 5 years, the company has plans of increasing its international franchise stores to 150 so that it can be a more vibrant competitor and have an increased market share as it currently lags behind some key competitors whose major competitive advantage is in their market visibility (Chapman, 1996). Debenhams plc is mainly engaged in the departmental stores industry, trading in products such as shoes, accessories, fashion clothing, cosmetics, electrical, gifts, home furniture, electronics, and toys. With an employee strength of 29,000 as of the close of 2012, the managed to raise revenue of ?2,229.8 million in the same year period, out of which ?125.3 million was their net income with operating income of ?158.3 million (Biasi, 2011). Latest market reports indicated an average of 0.45% growth rate over the last 6 months, but not being strong enough to equal market share growth rate for the same period last year (Davis, Eppen and Mattsson, 2004). For example, as of November 2013, the company’s price in GBX was 93.40 with 1.72m shares traded representing a beta of 1.5. This value is however a declining growth for the company as the share traded in 1 year represents a change of as many as 20.10%. As a departmental store, the company is not directly involved in manufacturing but in retailing. To this end, it does not deal with suppliers who are directly into raw materials but engages in outsourcing of finished products in the areas of products that it trades in as has been stated above. Financial Performance Profitability Performance Financially, the performance of the company over the past five years can be said to have been a mixed one. This is because there has often been rises in revenue and growth at some point in time, and at other times, falls in revenue and g

Perceptions of African American Women Essay Example for Free

Perceptions of African American Women Essay I am taking some classes that will eventually qualify me to major in Astro Physics, or Chemical engineering, I also want to work with NASA and train as an astronaut. It was amazing to know that Dr. Mae C. Jemison who happens to be the youngest of three children born to a middle class African American family, Charlie Jemison, a maintenance worker and his wife, Dorothy, a teacher. Dr. Mae C. Jemison was the first black woman astronaut to be in space in an era filled with segregation and racism, she is a Chemical engineer, scientist, physician, teacher and astronaut, she has a wide range of experience in technology, engineering, and medical research. In addition to her extensive background in science, she is well-versed in African and African-American Studies, speaks fluent Russian, Japanese, and Swahili, as well as English and is trained in dance and choreography. Dr. Mae C. Jamison was an inspiration to me, and probably to many African American women. She was full of resilience and determination especially to have reached and achieved success in an unusual field of endeavor for many African American women, I applaud her determination to make a difference among the African American women and blacks in Diaspora. After graduating from Morgan Park High School in 1973 at the age of 16, Dr. Mae Jemison earned a BS in Chemical Engineering from Stanford University, while also fulfilling the requirements for a BA in African-American Studies. After earning these degrees in 1977, she attended Cornell University and received a Doctor of Medicine degree in 1981. During medical school she traveled to Cuba, Kenya and Thailand, providing primary medical care to people living there. This is an indication of her humanitarian efforts and eagerness to reach out to the less privileged population. Having a desire to do more with her life, she enrolled in graduate classes in engineering and applied to NASA for admission to the astronaut program. She was turned down on her first application, maybe because she is a black woman, but she persevered and in 1987 was accepted on her second application. She became one of the fifteen candidates accepted from over 2,000 applicants. When Dr. Mae Jemison successfully completed her astronaut training program in August 1988, she became the fifth black astronaut and the first black female astronaut in NASA history. In completing her first space flight, Dr. Mae Jemison logged 190 hours, 30 minutes, 23 seconds in space, making her the first African-American woman in space. She says, â€Å"I had to learn very early not to limit myself due to others’ limited imaginations. I have learned these days never to limit anyone else due to my limited imagination. † This is an inspiration to other blacks in general who normally assume a second class citizen and believe that they will never do well or will be appreciated in whatever they do. This is a wake-up call, and manifestation of the saying â€Å"Determination is the mother of invention†. In 1993, Dr. Mae Jemison resigned from NASA and founded the Jemison Group, Inc. to research, develop and implement advanced technologies suited to the social, political, cultural and economic context of the individual, especially for the developing world. Current projects include: Alpha, (TM) a satellite based telecommunication system to improve health care in West Africa; and The Earth We Share, (TM) an international science camp for students ages 12 to 16, that utilizes an experiential curriculum. Among her current projects are several that focus on improving healthcare in Africa. She is also a professor of environmental studies at Dartmouth College. Dr. Mae Jamison made a name for herself and name for blacks in general; Her entrepreneurial spirit put her in the limelight and acts as a boost to determined black men and women in Diaspora. Ellen Johnson-Sirleaf. It was quite surprising to read about Ellen Johnson-Sirleaf, I know almost nothing about this â€Å"giant and queen of modern Africa† who is presently the current president of Liberia. According to what I have read so far about this â€Å"queen of Africa† she was born In Monrovia, the capital of Liberia on October 29, 1938. During this period, Liberians had no clue that the First female president of an African country had been born into their mist. Ellen Johnson-Sirleaf is a daughter to descendents of original colonists of Liberia (ex-African slaves from America, who promptly on arrival set about enslaving the indigenous people using the social system of their old American masters as a basis for their new society). These descendents are known in Liberia as Americo-Liberians. From what I read, I noticed that Ellen Johnson-Sirleaf was truly an intellectual power house, a charismatic leader and destined to make a change in Liberia and contribute her quota in Africa. From 1948 to 1955 Ellen Johnson studied accounts and economics at the College of West Africa in Monrovia. After marriage at the age of 17 to James Sirleaf, she travelled to America (in 1961) and continued her studies, achieving a degree from the University of Colorado. From 1969 to 1971 she read economics at Harvard, gaining a masters degree in public administration. Ellen Johnson-Sirleaf then returned to Liberia and began working in William Tolberts (True Whig Party) government. Ellen Johnson-Sirleaf also served as Minister of Finance from 1972 to 73, but left after a disagreement over public spending, this is an indication of her prudence and will power. As the 70s progressed, life under Liberias one-party state became more polarized to the benefit of the Americo-Liberian elite. On 12 April 1980 Master Sergeant Samuel Kayon Doe, a member of the indigenous Krahn ethnic group, seized power in a military coup. With the Peoples Redemption Council now in power, Samuel Doe began a purge of government. Ellen Johnson-Sirleaf narrowly escaped choosing exile in Kenya. From 1983 to 1985 she served as Director of Citibank in Nairobi. I will say that Ellen Johnson-Sirleaf had a lot of courage, because it was quite unusual for a woman to challenge a dictatorial incumbent president in Africa without being kidnapped, tortured or killed in the process, although She was later sentenced to ten years in prison. Ellen Johnson-Sirleaf spent just a short time incarcerated, before being allowed to leave the country once again as an exile. During the 1980s she served as Vice President of both the African Regional Office of Citibank, in Nairobi, and of (HSCB) Equator Bank, in Washington. Ellen Johnson-Sirleaf played an active role in the transitional government as the country prepared for the 2005 elections, and eventually stood for president against her rival the ex-international footballer, George Manneh Weah. Despite the elections being called fair and orderly, Weah repudiated the result, which gave a majority to Johnson-Sirleaf, Ellen Johnson-Sirleaf eventually became Liberias first elected female president, as well as the first elected female president in the continent Africa. . In 2005 She established a Truth and Reconciliation Commission with a mandate to promote national peace, security, unity and reconciliation by investigating more than 20 years of civil conflict in the country and in November 2007, she received the United States Presidential Medal of Freedom, the U. S. governments highest civilian award. She is truly a giant and â€Å"queen of modern Africa†. References: 1. http://space. about. com/cs/formerastronauts/a/jemisonbio. htm 2. http://www. k-grayengineeringeducation. com/blog/index. php/2008/09/12/first-african-american-women-in-space. 3. http://www. joinafrica. com/africa_of_the_week/ellenjohnsonliberia. htm.

State And Evaluate Aristotles Function Philosophy Essay

State And Evaluate Aristotles Function Philosophy Essay In Nicomachean Ethics, Aristotle claims that to discover the human good we must identify the function of a human being. I will first explain this idea of Aristotles known as the function argument. He argues that the human function is rational activity. Our good is therefore rational activity performed well, which Aristotle takes to mean in accordance with virtue. I will then evaluate how Aristotles function argument has a great degree of relevance to Platos perception of happiness in the Republic. After Socrates tries to establish that the just life is the happiest and best, Plato Aristotles function argument is defined in book one of his book Nimoachean Ethics. The purpose of the book is to discover the human good, identified as happiness, at which we ought to aim in life. Aristotle tells us that everyone refers to this eudaimonia (happiness), but that people disagree about what it consists in (1.4 1095b). In 1.6, Aristotle suggests that we might arrive at a clearer conception of happiness if we first determine the ergon (function) of a human being (1.7 1097b). The explanation for this line of inquiry is that for all things that have a function or activity, the good and the well is thought to reside in the function (1.6 1097b). He presents the example of a flute player in the book to explain what he means by the function resides within the object conducting the activity. In order for one to be a flute player, one must know how to play the flute. Similarly, for one to be happy, happiness must exist within oneself. He also acknowledges that the human is a varia tion of the function, because the function of any task is absolute and perfect within itself. This concept can be further clarified using the example of the flute, there is an absolute and perfect way to play the flute, one of which we are incapable, therefore we play a slightly altered way, but it is still similar enough to its function form that we still consider the activity as playing the flute. The argument that follows establishes that human function is an active life of the element that has a rational principle (1.7 1098a). By this Aristotle means every action has a purpose for the sake of which others are done (1.7 1098a). The flute is played to create music, medicine is practiced to cure, and like this, every task has its purpose. Therefore, happiness is the activity of the rational part of the soul and in accordance with virtue (1.7 1098a). Any function that has a rational principle must therefore be a rational part of the soul, and because we live life seeking to find hap piness, happiness is a rational part of the soul making it a virtue. Aristotle defines virtue as a balance point between a deficiency and an excess of a trait. The point of greatest virtue lies not in the exact middle, but at a golden mean which is sometimes closer to one extreme than the other. For example, courage is the mean between cowardice and foolhardiness, confidence the mean between self-deprecation and vanity, and generosity the mean between miserliness and extravagance. Finding the golden mean requires common-sense, not necessarily high intelligence. Aristotle views virtue as an excellence at being human, a skill that helps a person survive, thrive, form meaningful relationships, and find happiness (CITATION). He also states that virtues are initially difficult, but become easier with practice and eventually become habit. Aristotles function argument, is a descendant of one offered by Plato at the end of the  ¬Ã‚ rst book of the Republic (Republic 352d-354b). Socrates tries establish that the just life is happiest and best, and he argues as follows. First of all, each thing has a function, which is what one can do only or best with that thing (R 352e). Furthermore, everything that has a function has a virtue, which enables it to perform its function well (R 352b-c). The function of the soul is taking care of things, ruling, deliberating, and the like, since these are activities you could not perform with anything except your soul. A few lines later Socrates also proposes that living is a function of the soul (R 353d). Since the soul only performs its function well if it has the virtue associated with its function, a good soul rules, takes care of things, and in general lives well, while a bad soul does all this badly (R 353e). Since earlier arguments have supposedly established that justice is the virtue of the soul, Plato concludes that the just soul lives well, and therefore is blessed and happy, while an unjust one lives badly and so is wretched. Both versions of the argument seem to depend on a connection between being a good person and having a good or happy life, and their aim is to connect both of these in turn to rationality. Aristotles version of the argument in particular has provoked a great deal of criticism, some of which I describe in the next section. In this essay, I offer an account of what Aristotle means by function and what the human function is, drawing on Aristotles metaphysical and psychological writings. I then reconstruct Aristotles argument in terms of the results. My purpose is to defend the function argument, and to show that when it is properly understood, it is possible to answer many of the objections that have been raised to it. For reasons I will explain below, I think it is essential to make good sense of the function argument, because the theoretical structure of the Nicomachean Ethics collapses without it. Part of the defense is conditional, and shows only that if one held Aristotles metaphysical beliefs, the function argument would seem as natural and obvious as it clearly seemed to him. But part of it is intended to be unconditional, and to show that, gien certain assumptions about reason and virtue, which, if not obvious, are certainly not crazy, the function argument is a good way to approach the question how to live well. The major differences that can be seen between these two arguments are seen when we examine the goals of both Plato and Aristotle. Plato has two main goals behind his argument, the first is to refute the position that injustice is better than justice. Secondly, his human function argument helps to set up the idea of his model cities, in which each person has a function and the city is virtuous when everyone performs their own function. Aristotle is examining happiness as the ultimate end and is searching for ways to get to that end. Thus, by proving that this good is found in the expression of reason, Aristotle is able to prescribe a path to happiness. If one fulfills ones function, expression of reason, and does so in an excellent manner, one will necessarily attain happiness. Another way in which the two arguments differ is on their actual conceptualization of what the human function is. For Plato, the human function is defined as deliberation, ruling, living and taking care of things. This differs greatly from Aristotle idea of the human function which is, to perform activities that express reason. Not only are these two definitions very different, but they illustrate the chasm between the ways that each philosopher is thinking of the concept of a human function. Plato thinks of it in terms of the persons place in society. His ideas of ruling, deliberatingà ¢Ã¢â€š ¬Ã‚ ¦etc pertain to the community in which one lives, and ones relation to it. Aristotle approaches the problem from a much more individualistic point of view. Expressing reason in ones action does not have anything to do with a relationship with other people or a community, but relates only to the individual. In conclusion, the biggest difference between Platos argument and Aristotles is their conceptualization of the concept of the human function. Also, their goals are vastly different. Plato uses his argument to refute those who would argue that injustice is beneficial and to set up his model city, in which virtue for the city is derived from each person fulfilling their function. Aristotle, on the other hand, uses his argument to directly set up a method for achieving the ultimate good.

The Culture Of Vietnam English Language Essay

The Culture Of Vietnam English Language Essay The Culture of Vietnam which is the agricultural civilization based on the wet rice cultivating is one of the oldest of such in the Asia Pacific region. In terms of prehistory, most Vietnamese historians consider the ancient Dong Son culture to be one of the defining aspects of early Vietnamese civilization. There are some other characteristics that comprise Vietnamese culture: betel- areca nut chewing, teeth darkening, bamboo, respect for community and family value, hardworking and devotion to study. Long periods of domination and interaction with its northern neighbor, China, has resulted in Vietnams historic inclusion as part of the East Asian Cultural Sphere, known widely as Chinese Cultural Sphere with the accepting Confucianism as the philosophy of Mandarin class. However, the major stimulation of Vietnamese cultures development comes from indigenous factors. That is, Vietnamese culture with village culture as its representation is foundation that belongs to Austro-Asiatic culture and Chinese influence and Indian have just only been enrichment. Following independence from China in the 10th century AD, Vietnam began a southward expansion that saw the annexation of territories formerly belonging to the Chapman civilization (now Central Vietnam) and parts of the Khmer empire (today southern Vietnam) which resulted in minor regional variances in Vietnams culture due to exposure to these different groups. During French colonial period, Vietnamese culture received merchant influences from the Europeans, including the spread of Catholicism and the adoption of Latin alphabet-to this day, Vietnam is the only non-island nation of Indochina which uses the Latin alphabet to write the national language. In the socialist era, the cultural life of Vietnam has been deeply influenced by government-controlled media and the cultural influences of socialist programs. For many decades, foreign cultural influences were shunned and emphasis placed on appreciating and sharing the culture of communist nations such as the Soviet Union, China, Cuba and others. Since the 1990s, Vietnam has seen a greater re-exposure to Asian, European and American culture and media. Pod dwellers accounted for 29.6% of the population, their numbers rising 3.4% a year on average, while the head count of rural folks edged up by only 0.4% a year. About 70.4% of Vietnamese citizens currently live in bad areas, and although many are being influenced by the process of a growing economy, rural tradition and customs still play a vital role in shaping the stomping culture. Vietnamese give much to protecting their money, such that traveling to Vietnam means going to an older world for all Asian tourists In terms of societal levels of organization, the two most important units are là  ng (village) and nu?c (country). Vietnamese people usually say that là  ng goes hand in hand with nu?c. Intermediate organizational units like the huy?n (district) and t?nh (province) are not as important. The culture is like a vast ocean of people In rural Vietnam, kinship plays an important role. If it can be said that Western cultures value individualism, then it can also be said that Eastern cultures value the roles of family and clan. Comparing with Eastern cultures, Chinese culture values family over clan while Vietnamese culture values clan over family. Each clan has a patriarch, clan altar, and death commemorations attended by the whole clan. Most inhabitants are related by blood. That fact is still seen in village names such as à ?ng Xà ¡ (place for the à ?ng clan), Chà ¢u Xà ¡, Là ª Xà ¡, and so on so forth. In the Western highlands the tradition of many families in a clan residing in a longhouse is still popular. In the majority of rural Vietnam today one can still see three or four generations living under one roof. Because kinship has an important role in society, there is a complex hierarchy of relationships. In Vietnamese society, there are nine distinct generations. Virtually all commemorations and celebrations within a clan follow the principles of these nine generations. Younger persons might have a higher position in the family hierarchy than an older person and still must be respected as an elder. This complex system of relationships, a result of both Confucianism and societal norms is conveyed particularly through the extensive use of varying pronouns in Vietnamese language, which has an extensive array of honorifics to signify the status of the speaker in regards to the person they are speaking to. In the past, both men and women were expected to be married at quite young ages (by todays standards). Marriages were generally arranged by the parents and extended family, with the children having limited right to say no in the matter. In modern Vietnam, this has changed completely as people choose their own marriage-partners based on love, and in consideration primarily to their own needs and wants. The traditional Vietnamese wedding is one of the most important of traditional Vietnamese occasions. Regardless of Westernization, many of the age-old customs practiced in a traditional Vietnamese wedding continue to be celebrated by both Vietnamese in Vietnam and overseas, often combining both Western and Eastern elements. Depending on habits of specific ethnic groups, marriage includes various steps and related procedures, but generally there are two main ceremonies: Le an hoi (betrothal ceremony): Some time before the wedding, the groom and his family visit the bride and her family with round lacquered boxes known as betrothal presents composed of gifts of areca nuts and betel leaves, tea, cake, fruits, wines and other delicacies covered with red cloth and carried by unmarried girls or boys. Both families agree to pick a good day for wedding. Wedding ceremony: Guests would be invited to come to join a party and celebrate the couples happiness. The couple should pray before the altar asking their ancestors for permission for their marriage, then to express their gratitude to both grooms and brides parents for raising and protecting them. Guests will share their joy at a party later Formerly funeral ceremonies went as following: the body was washed and dressed; chopstick was laid between the teeth and a pinch of rice and three coins were dropped in the mouth. Then the body was put on a grass mat laid on the ground according to the saying being born from the earth, one must return back to the earth. The dead body was enveloped with white cloth, and put into the coffin. Finally, the funeral ceremony was officially performed. The deceased persons sons, daughters, and daughters-in-law had to wear coarse gauze turbans and tunics, and hats made of straw or of dry banana fiber. The deceased persons grandchildren and relatives also had to wear mourning turbans. During the days when the dead were still laid out at home, the mourning went on with worshipping meals and mourning music. Relatives, neighbors, and friends came to offer their condolences. The date and time for the funeral processio, must be carefully selected. Relatives, friends, and descendants take part in the funeral procession to accompany the dead along the way to the burial ground. Votive papers were dropped along the way. At the grave site, the coffin is buried and covered. After three days of mourning, the family visits the tomb again, or worship the opening the grave; after 49 days, the family stops bringing rice for the dead to the altar. And finally, after 100 days, the family celebrates the end of the tears. After one year is the ceremony of the first anniversary of the relatives death and after two years is the ceremony of the end of mourning. Nowadays, mourning ceremonies follow new rituals which are simplified; they consist of covering and putting the dead body into the coffin, the funeral procession, the burial of the coffin into the grave, and the visits to the tomb. The deceased persons family members wear a white turban or a black mourning band Religion in Vietnam has historically been largely defined by the East Asian mix of Buddhism, Confucianism, and Taoism, the so-called Tam Già ¡o, or triple religion, but today it has become more diverse including other religions such as cat holism, etc. Vietnamese Buddhism has typically been the most popular. The country also has a strong cultural norm of ancestor worship as well as animism. This fits perfectly with the triple religion, making it difficult for many Vietnamese to express exactly which religion they practice.[1] Of the three, Vietnamese Buddhism has always been the most popular with commoners Buddhism came to Vietnam as early as the second century CE through the North from central Asia and via Southern routes from India. Buddhism in Vietnam as practiced by the ethnic Vietnamese is mainly of the Mahayana school, although some ethnic minorities (such as the Khmer Krum) adhere to the Theravada school. Buddhism in Vietnam has had a symbiotic relationship with Taoism, Chinese spirituality, and the indigenous Vietnamese religion. The majority of Buddhist practitioners focus on devotional rituals rather than meditation. Buddhism is not practiced the same as in other Asian countries and does not contain the institutional structures, hierarchy, or sang has that exist in other traditional Buddhist settings. Due to this observation the estimate that 80% of the Vietnamese population is Buddhist is questionable, but does however show that many Vietnamese define their spiritual needs using a Buddhist worldview Besides the triple religion, Vietnamese life was also profoundly influenced by the practice of ancestor worship as well as native animism. Most Vietnamese people, regardless of religious denomination, practice ancestor worship and have an ancestor altar at their home or business, a testament to the emphasis Vietnamese culture places on filial duty. Along with obligations to clan and family, education has always played a vital role in Vietnamese culture. In the old days, scholars were placed at the top of society. Men not born of noble blood could only wish to elevate their status by means of studying for a rigorous Imperial examination which could potentially open doors to a position in the government, granting them power and prestige as Mandarin officials Vietnamese cuisine is extremely diverse, often divided into three main categories, each pertaining to Vietnams three main regions (north, central and south). It uses very little oil and many vegetables, and is mainly based on rice, soy sauce, and fish sauce. Its characteristic flavors are sweet (sugar), spicy (Serrano peppers), sour (lime), fish sauce, and flavored by a variety of mint and basil. Vietnam also has a large variety of noodles and noodle soups. Different regions invented different types of noodles, varying in shapes, tastes, colors, etc. One of the nations most famous type of noodles is pronounced fuh, a type of noodle soup originating in North Vietnam, which consists of rice noodles and beef soup (sometimes chicken soup) with several other ingredients such as bean sprouts and scallions (spring onions). It is often eaten for breakfast, but also makes a satisfying lunch or light dinner. The boiling stock, fragrant with spices and sauces, is poured over the noodles and vegetables, poaching the paper-thin slices of raw beef just before serving. Ph? is meant to be savored, incorporating several different flavors: the sweet flavor of beef, sour lemons, salty fish sauce, and fresh vegetables. In feudal Vietnam, clothing was one of the most important marks of social status and strict dress codes were enforced. Commoners had a limited choice of similarly plain and simple clothes for every day use, as well as being limited in the colors they were allowed to use. For a period, commoners were not allowed to wear clothes with dyes other than black, brown or white (with the exception of special occasions such as festivals), but in actuality these rules could change often based upon the whims of the current ruler. The à o t? thà ¢n or four-part dress is one such example of an ancient dress widely worn by commoner women, along with the à o y?m bodice which accompanied it. Peasants across the country also gradually came to wear silk pajama-like costumes, known as à o cà ¡nh in the north and à o bà   ba in the south. Monarchs had the exclusive right to wear the color gold, while nobles wore red or purple. Each member of the royal court had an assortment of different formal gowns they would wear at a particular ceremony, or for a particular occasion. The rules governing the fashion of the royal court could change dynasty by dynasty, thus Costumes of the Vietnamese court were quite diverse. The most popular and widely-recognized Vietnamese national costume is the à o Dà  i, which is worn nowadays mostly by women, although men do wear à o dà  i on special occasions such as weddings and funerals. à o dà  i is derived from the Chinese Xiao, although it consists of a long gown with a slit on both sides, worn over cotton or silk trousers. It is elegant in style and comfortable to wear, and likely derived in the 18th century or in the royal court of Hu?. White à o dà  i is the required uniform for girls in many high schools across Vietnam. Some female office workers (e.g. receptionists, secretaries, tour guides) are also required to wear à o dà  i. à o dà  i was once worn by both genders but today it is worn mainly by females, except for certain important traditional culture-related occasions where some men do wear it. In daily life, the traditional Vietnamese styles are now replaced by Western styles. Traditional clothing is worn instead on special occasions, with the exception of the white à o dà  i commonly seen with high school girls in Vietnam Traditional Vietnamese art is art practiced in Vietnam or by Vietnamese artists, from ancient times (including the elaborate Dong Son drums) to post-Chinese domination art which was strongly influenced by Chinese Buddhist art, among other philosophies such as Taoism and Confucianism. The art of Champ and France also played a smaller role later on. The Chinese influence on Vietnamese art extends into Vietnamese pottery and ceramics, calligraphy, and traditional architecture. Currently, Vietnamese lacquer paintings have proven to be quite popular Calligraphy has had a long history in Vietnam, previously using Chinese characters along with Ch? Nà ´m. However, most modern Vietnamese calligraphy instead uses the Roman-character based Qu?c Ng?, which has proven to be very popular. In the past, with literacy in the old character-based writing systems of Vietnam being restricted to scholars and elites, calligraphy nevertheless still played an important part in Vietnamese life. On special occasions such as the Lunar New Year, people would go to the village teacher or scholar to make them a calligraphy hanging (often poetry, folk sayings or even single words). People who could not read or write also often commissioned scholars to write prayers which they would burn at temple shrines. Vietnamese music varies slightly in the three regions: B?c or North, Trung or Central, and Nam or South. Northern classical music is Vietnams oldest and is traditionally more formal. Vietnamese classical music can be traced to the Mongol invasions, when the Vietnamese captured a Chinese opera troupe. Central classical music shows the influences of Champa culture with its melancholic melodies. Southern music exudes a lively laissez-faire attitude. Vietnam has got some 50 national music instruments, in which the set of percussion instruments is the most popular, diverse and long-lasting such as copper drums, gongs, lithopone, Dan to rung The set of blowing instruments is represented by flutes and pan-pipes, while the set of string instruments is specified. The Vietnamese folksongs are rich in forms and melodies of regions across the country, ranging from reciting poems, lullaby, chantey In the 20th century, in contact with the Western culture, especially after the national independence, many new categories of arts like plays, photography, cinemas, and modern art had taken shape and developed strongly, obtaining huge achievements with the contents reflecting the social and revolutionary realities. Up to 1997, there have been 44 people operating in cultural and artistic fields honored with the Ho Chi Minh Award, 130 others conferred with Peoples Artist Honor, and 1011 people awarded with the Excellent Artist Honor. At the start of 1997, there were 191 professional artistic organizations and 26 film studios (including central and local ones). There have been 28 movies, 49 scientific and documentary films receiving international motion picture awards in many countries Hà ¡t tu?ng (also known as Hà ¡t b?i): A theatre form strongly influenced by Chinese opera, it transitioned from being entertainment for the royal court to travelling troupes who performed for commoners and peasants, featuring many well-known stock characters. C?i luong: A kind of modern folk opera originating in South Vietnam, which utilizes extensive vibrato techniques. It remains very popular in modern Vietnam when compared to other folk styles. Hà ¡t chà ¨o: The most mainstream of theatre/music forms in the past, enjoyed widely by the public rather than the more obscure Ca trà ¹ which was favored more by scholars and elites. Water puppetry Water Puppet Theatre in Hanoi: Water is a distinct Vietnamese art which had its origins in the 10th century. In Water Puppetry a split-bamboo screen obscures puppets which stand in water, and are manipulated using long poles hidden beneath the water. Epic story lines are played out with many different puppets, often using traditional scenes of Vietnamese life. The puppets are made from quality wood, such as the South East Asian Jackfruit tree. Each puppet is carefully carved, and then painted with numerous successive layers of paint to protect the puppets. Despite nearly dying out in the 20th century, Water Puppetry has been recognized by the Vietnamese Government as an important part of Vietnams cultural heritage. Today, puppetry is commonly performed by professional puppeteers, who typically are taught by their elders in rural areas of Vietnam. It is now extremely popular with tourists, and is performed at the National Museum in Ho Chi Minh city and in specialist theatres. In 2007 a Water Puppet troupe toured the USA to acclaim Vietnam has 54 different ethnics, each with their own traditional dance. Among the ethnic Vietnamese majority, there are several traditional dances performed widely at festivals and other special occasions, such as the lion dance. In the imperial court there also developed throughout the centuries a series of complex court dances which require great skill. Some of the more widely known are the imperial lantern dance, fan dance, and platter dance, among others Vietnamese martial art is highly developed from the countrys long history of warfare and attempts to defend itself from foreign occupation. Although most heavily influenced by Chinese martial arts, it has developed its own characteristics throughout the millennia in combination with other influences from its neighbors. Vietnamese martial art is deeply spiritual due to the influence of Confucianism, Buddhism and Taoism, and is strongly reliant on the Viet Vo Dao (philosophy of Vietnamese martial arts). It is probably most famous for its scissor kicks. The general Vietnamese term for martial arts is Và µ-Thu?t, which encompasses all of the countless styles. Some of the more popular include: Vovinam Và µ Bà ¬nh à ?nh Quan Khi Dao Vietnamese martial art remains relatively unknown in the world today when compared to its counterparts from China, Japan, Korea or Thailand. However, this is seeing a definite change as schools teaching various styles of Vietnamese martial arts are starting to pop up all over the world, notably in countries such as Spain Vietnamese martial art is highly developed from the countrys long history of warfare and attempts to defend itself from foreign occupation. Although most heavily influenced by Chinese martial arts, it has developed its own characteristics throughout the millennia in combination with other influences from its neighbors. Vietnamese martial art is deeply spiritual due to the influence of Confucianism, Buddhism and Taoism, and is strongly reliant on the Viet Vo Dao (philosophy of Vietnamese martial arts). It is probably most famous for its scissor kicks. Literature Vietnamese literature includes two major components which have developed simultaneously and are profoundly interrelated: Folk literature and written literature. Vietnamese folk literature came into being very early and had a profound effect on the spiritual life of the Viet. The folk literature always praised beauty, humanism, and the love of goodness, and contributed to the formation of a national sense. Legends, fairy tales, humorous stories, folk songs, epics and so on, have a tremendous vitality and have lived on until today. Written literature was born roughly in the 10th century. Up to the 20th century, there had been two components existing at the same time: works written in the Han characters (with poems and prose demonstrating the Vietnamese soul and realities; thus, they were still regarded as Vietnamese literature) and works written in the Nom character (mostly poems; many great works were handed down to the later generations). Since the 1920s , written literature has been mainly composed in the National language with profound renovations in form and category such as novels, new-style poems, short stories and dramas, and with diversity in artistic tendency. Written literature attained speedy development after the August Revolution, when it was directed by the Vietnamese Communist Partys guideline and focused on the peoples fighting and work life. Modern Vietnamese literature has developed from romanticism to realism, from heroism in wartime to all aspects of life, and soared into ordinary life to discover the genuine values of the Vietnamese people. Classical literature generated such masterpieces as Truyen Kieu (Nguyen Du), Cung oan ngam khuc (Nguyen Gia Thieu), Chinh phu ngam (Dang Tran Con), and Quoc am thi tap (Nguyen Trai). The Vietnamese had brilliant female poets such as: Ho Xuan Huong, Doan Thi Diem, and Ba Huyen Thanh Quan, centuries ago. In Vietnamese modern prose, there were authors who could emulate whomever in the world, namely, Nguyen Cong Hoan, Vu Trong Phung, Ngo Tat To, Nguyen Hong, Nguyen Tuan, and Nam Cao. They were joined by excellent poets: Xuan Dieu, Huy Can, Han Mac Tu, and Nguyen Binh. Regrettably, their great works that faithfully reflected the country and the times have yet to appear Vietnam has a number of UNESCO-listed World Heritage Sites, as well as cultural relics deemed as Intangible heritage. These are split into specific categories: Cultural heritage sites Hoi An: An ancient city and trading center. Imperial city of Hu?: Complex of monuments in the former imperial capital. My Son: Ancient temple complex of the former Champa civilization in Quang Nam province. Natural heritage sites Phong Nha cave, Quang Binh province. Ha Long Bay Intangible Cultural Heritage Nhà £ nh?c: A form of Vietnamese court music. Space of Gong culture in the Central Highlands of Vietnam Ca trà ¹ Quan h? There are a number of other potential world heritage sites, as well as intangible cultural heritages which Vietnam has completed documents on for UNESCOs recognition in the future. Vietnam celebrates many holidays, including traditional holidays which have been celebrated in Vietnam for thousands of years, along with modern holidays imported predominantly from western countries. Among the traditional holidays, the two most important and widely celebrated are the New Year although the latter has been losing ground in recent years With the adoption of your child from Vietnam comes a whole new Vietnamese culture that you will want to share with your family. 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