Shelleys Frankenstein and Austens Mansfield Park as Vehicles for Social Comment :: comparison compare contrast essays

Shelley's Frankenstein and Austen's Mansfield Park as Vehicles for Social Comment It has been regularly noticed that the Romantic essayists of English writing were opposing the built up positions and perspectives on society. The greater part of the Romantic craftsmen were indigenes of the entrenched white collar class and they were quickly feeling sick of oneself serving political ravaging executed by the hands of the high society. The Romantics were ridiculing show, acting haughtily and calling for radical and across the board change in legislative governmental issues, yet inside the legislative issues of their own exchange - innovativeness and craftsmanship. Their horde of works are away from of this. Contumely against set up society was found generally in the poetical works of the day. Be that as it may, much social discourse discovered its way into apparently far-fetched books. Two such books are Mary Shelly's Frankenstein and Jane Austen's Mansfield Park. Both of these books are shrewd vaults for social editorial and judgment. The mind-boggling social judgment by Austen and Shelly was a narrow mindedness for class qualification. In spite of the fact that they were barely misled enough to forces Utopian goals, they all things considered felt that a general public with almost no class qualification and particularly without class-explicit chance and personal satisfaction was in fact feasible. Given that Karl Marx defined huge numbers of his communist standards because of his introduction to the states of common laborers Englishmen, one may dare to state that the Romantic craftsmen were harbingers of the communist perfect, however maybe this is a stretch. Be that as it may, neither Austen nor Shelly considered communism to be a cure to class qualification, or in the event that they did, it didn't discover its way into their books. They rushed to appear, however, that a class mixing could happen that was satisfactory to all. Truth be told, such a topic is plainly predominant in numerous segments of both Mansfie ld Park and Frankenstein. For instance, in Frankenstein, Shelly portrays the acknowledgment of a lower class individual into a high society family. Justine is a lower class worker who is taken into the Frankenstein family to lighten the desperate waterways into which she has fallen. Be that as it may, the Frankenstein's don't see her as a hireling in the run of the mill, anticipated sense. Or maybe, in a letter to the deranged, animal making

Historical accuracies and inaccuracies of the William Wallace From the Essay

Authentic correctnesses and errors of the William Wallace From the film Braveheart - Essay Example The film depicts the life of William Wallace. The film debuted in July 1995 and turned into an unconstrained Box office achievement. As a film, the designers of the film utilized explicit film creation procedures so as to procure it the gathering it obtained not long after its discharge (Brown, 2007). The film depicted the Scottish warrior in alternate points of view frequently discarding some principal highlights of his life in an endeavor of winning the film a fitting adjustment. As a fearless Scottish warrior, William Wallace drove the scots against their first war of freedom against the severe King Edward the first. The makers set the film in an early Scottish society, it is 1920 and King Edward the first attacks Scotland not long after the passing of Alexandra the third of Scotland. In the intrusion, Wallace observes the Longshanks perpetrate barbarities in the reversal. He endures the homicide to his mom father and siblings and consequently goes to Rome with the assistance of h is uncle Argyle. Following quite a long while, Wallace comes back to Scotland as a youngster and quickly goes gaga for his beloved companion, Murron MacClannough. In any case, the general public is diverse after the use of King Edward’s narrow minded enactments (McArthur, 2003). Among the most disputable of the enactments is that giving the English Lord the power to have sexual relations with all the ladies in the realm just before their wedding night. In oorder to stay away from the lord laying down with his fiancee, Wallace and Murron wed in mystery. Afterward, Wallace salvages Murron from prominent assault by English officers. The officers capture and execute Murron in broad daylight. In a retribution assault, Wallace assaults and executes English officers. Coming up next is a progression of contentions among Wallace and the English specialists as Edward arranges his child Edward the second to utilize all meanses imaginable to stop Wallace. Indeed, even in death, Wallace k eeps up a strong character and won't ask for leniency from the English specialists. While confronting an open execution, the officer begs Wallace to ask for kindness from the administration and hence have a brisk and easy life. Rather than asking for his life, Wallace yells opportunity to the celebration of the Scottish individuals who see him as a saint. As the film closes, a setting in the 1934 Scotland, Robert who is presently the ruler of Scotland drives his military into a battle against the English in the memory of Wallace. The war finds the English ill-equipped and the scots procure their first opportunity from the English guideline. The engineers of the film utilize different film creation highlights including both the setting and the plot so as to acquire the story significance from its contemporary crowd. In doing this, the engineers either discarded or added explicit subtleties to both the characters and the activities. In doing as such, the makers cultivate a few exactne sses and mistakes about Wallace’s life and the general public in which he lived. Key among the lacking subtleties in the film is his experience. The makers of the film give a short recap of his youth. The film starts with the English reversal of Scotland with the youthful Wallace seeing the homicide of his folks and the outrages the English master submits. Such are insufficient subtleties that don't help fabricate a compelling comprehension of the unbelievable Sir William Wallace. Notwithstanding, the sparse subtleties are in accordance with the data thought about his family, Wallace originated from a less honorable family. Antiquarians don't give a definite data about his family. Dazzle Harry in his sonnet places that Wallace’s father was known as Sir Malcom of Elderslie. The disclosure of a letter composed by Wallace himself and contained his seal gives Wallace’

Essay Examples For Law Schools

Essay Examples For Law SchoolsYou should be very careful when looking for essay samples for law schools. A lot of students today are taking less time to write their essays, instead of spending more time to ensure that they write in a coherent manner. This is actually a bad idea, as this will be more difficult for them to do, especially if they are not used to writing law school essays.This is why you need to spend a lot of time to make sure that you are an essay writer that is capable of solving the challenges presented by the law school. In order to accomplish this task, you need to spend time to get enough practice. It is very important that you understand why it is important to work on your skills in this area.As you go through the process of composing essays for law school, you need to take note of several aspects. While going through this process, you need to realize that no matter how much practice you do, this is still an advanced skill that you have to master. One of the most important parts of composing law school essays is to make sure that you are able to communicate your ideas effectively.As you work through this process, you will encounter a number of different kinds of topics. This is because there are many different areas of the law that you will have to consider. For example, you will have to consider legal and non-legal aspects of the law, as well as the kind of case you will be presenting.If you want to learn to write better essays, you should try to read a variety of essays written by various law schools. By reading a number of these essays, you will be able to learn some of the best methods and techniques to use when composing law school essays. After you have learned these techniques, you can use them to improve your own writing skills.The next best thing you can do in order to succeed in law school is to develop good communication skills. Good communication skills are a necessity in order to present your essays to a potential employer. You will also need to be able to understand the legal requirements of your essays and to be able to write a persuasive essay.Finally, you need to practice a lot in order to get used to composing essays for law school. Most students will spend a long time in preparation before writing their essays, but they will forget about it when they start writing their essays. While this may seem like a waste of time, it is actually one of the keys to learning how to write essays in a systematic manner.Once you start practicing on essays for law school, you will find that it becomes easier for you to compose an essay on your own without having to use any essay samples. Once you understand how to write an essay on your own, you will be able to do it without having to read a lot of other people's essays. Just remember to work on your skills in all the areas of essay writing.

Review Of Related Literature And Studies - 1921 Words

CHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES Various publications and studies related to the topic being studied were read and analyzed by the researcher to support the claims presented by this study. 2.1 Mobile Robot According to Al-Sahib (2015), the term robot is derived from the Czech word â€Å"robota† which means forced labor. Goris (2004) also said that a robot can be defined as a device that can execute automated tasks, either with the influence of direct human control, or a set of general procedures by means of artificial intelligence techniques. Almost all of the robots that are used in the industry are stationary. They operate from a fixed position and have restricted operating range. The area which surrounds the robot is typically designed for the sole purpose of securing it from external influences for it to be able to do its tasks. These robots are usually efficient in completing tasks such as welding, drilling, packaging, assembling and also painting. Still, in some applications it can be very advantageous if a robot can function with larger mobility. Unlike stationary robots, the surrounding area need not to be adjusted just to suit the mobile robots because they are programmed to be the one to adapt their behavior towards their surroundings. Rather than performing a fixed system of actions, mobile robots need are actually those robots that can transfer from place to place across the ground. Mobility gives robot more flexibility and ability to move in aShow MoreRelatedReview of Related Literature and Studies1403 Words   |  6 PagesCHAPTER 2 REVIEW OF RELATED LITERATURE AND STUDIES Studies rely on information researched by the proponents. Review of Related Literature In exploration, we find new techniques, new knowledge, even develop new substances, gadgets, equipment, processes or procedures, imagination and skill is employed by the researcher. The commodities, new devices, services, in technology are needs of man for a better fuller life which is the concern of the research. These useful arts are the products of the technologicalRead MoreReview Of Related Literature And Studies1438 Words   |  6 PagesChapter 2 Review of Related Literature and Studies This part of the study contains related literature and studies after the thorough and in-depth research of the researcher. Related Literatures come from both Foreign and Local published literatures that became the basis for the researcher to pursue this study. Related Studies come from both Foreign and Local Studies that has relationship or in relation on her study. Foreign Literature Culture-shaping is a methodological and comprehensive approachRead MoreReview Of Related Literature And Studies Essay1585 Words   |  7 PagesCHAPTER 2 Review of Related Literature and Studies This part of the study contains related literature and studies after the thorough and in-depth research of the researcher. Related literatures come from both foreign and local published literatures that became the basis for the researcher to pursue this study. Related studies come from both foreign and local studies that has relationship or in relation on her study. Foreign Literature Culture-shaping is a methodological and comprehensive approachRead MoreReview of Related Literature and Studies1069 Words   |  5 PagesCHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES LOCAL LITERATURE Josefina Estolas in the book Fundamentals of Research (1995). In exploration, we find new techniques, new knowledge, even develop new substances, gadgets, equipment, processes or procedures, imagination and skill is employed by the researcher. The commodities, new devices, services, in technology are needs of man for a better fuller life which is the concern of the research. These useful arts are the products of the technologicalRead MoreReview of Related Literature and Studies3079 Words   |  13 PagesREVIEW OF RELATED LITERATURE AND STUDIES Several studies have been conducted here and abroad which have a direct and indirect bearing on the subject to be investigated in this study. A brief review of the related literature and studies are presented hereunder. Literature In the present educational system, studies based on the achievement levels of elementary and secondary students revealed that the equality of education has deteriorated over the years. In a recent UNESCO statistics Barsaga (2000)Read MoreRelated Literature and Review of Related Studies for Fertilizer1803 Words   |  8 PagesChapter II Review of Related Literature and Studies Related Literature Polystyrene Commonly known as Styrofoam that is one of the most widely used type of plastics. It is a strong  plastic  created from erethylene and benzine that can be injected, extruded, or blow molded; making it a very useful and versatile manufacturing material. It is also a rigid, transparent thermoplastic, which is present in solid or glassy state at normal temperature. But, when heated above its glass transition temperatureRead MoreReview of Related Literature and Studies (Autism)4684 Words   |  19 PagesCHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES This chapter presents the review of related literature and studies for both foreign and local underlying the framework of the study. Synthesis was also created based from the gathered information and facts in literature and studies. FOREIGN LITERATURES According to the study of the orbitofrontal–amygdala circuit and self-regulation of social–emotional behavior in autism that. Autism is centrally characterized by developmental disruption in social–emotionalRead MoreChapter2: Review of Related Literature and Studies1861 Words   |  8 PagesChapter II Review of Related Literature and Studies This chapter presents the literature and related studies which have direct bearing on this study. It also discusses the values reflected in the proverbs and the proverb as a reflection of Filipino character, its function in the society, its nature and purpose, its stylistic peculiarity and its significance in Filipino culture. Folklore Prof. Damiana Eugenio (2002), a renowned Filipina folklorist, said that there is no universally acceptedRead MoreImportant Consideration in Making a Research Paper820 Words   |  4 Pagesmost important early steps in a research project is the conducting of the literature review. This is also one of the most humbling experiences youre likely to have. Why? Because youre likely to find out that just about any worthwhile idea you will have has been thought of before, at least to some degree. I frequently have students who come to me complaining that they couldnt find anything in the literature that was related to their topic. And virtually every time they have said that, I was ableRead MoreA Literature Review : The Walden University Library Essay1070 Words   |  5 PagesA literature review is an interpretation of arrays of circulating articles written by the scholar-authors’ of researchers related to several topics. A literature search for evidence-based research can be over powering. The Walden University library illuminates on the superlative quality of evidence-based research and which databases to utilize with research searches. Filtered resources are the superlative quality of studies related to evidence-based practice and encompasses systemic reviews, critically

Race and the Census Effect on the Social Context of...

The focus of this research study is to explore the construct of race in the census survey and the effect that it has on the social context of both cultural and social identity. These changes are based on the evolving landscape of the population as it pertains to the characteristics of its people. The Census was first administered in the 1790 and would take place every ten years . Its main purpose was to better respond to the needs of its citizens and how the government would represent the growing population. The Census provides the government with information ranging from household size to income; however, it is perhaps the statistics supplied by the Census on race that allow for the most interesting analysis . The identification of race†¦show more content†¦This is based of demographic and social tabulations that help balance the funding based on population integration. Through residential racial integration, the continual influx of immigrants, and the emergence of a multir acial population, America has remained a â€Å"mosaic† of cultures – separate entities combining to create a great diversity. While indeed, some races have mixed through interracial marriages, cultural differences have be sustained and diversity in this country has actually increased . Historiography: The theory of race in the United States has been a constructed and reconstructed term in the context of social identity. Every day, on employment applications, housing applications, college admissions and other official documents, also once every 10 years on U.S. Census Bureau forms; Americans are asked to identify themselves as one of four racial categories , and to designate themselves as Hispanic or non-Hispanic. The census has played a role in the determining how the American public views â€Å"race,† that it could be something that can be measured and documented. Peggy Pascoe in 1996 explored this topic by examining judicial cases that focus on descent and classifying race . The case surrounded the divorce Joe Kirby and Mayellen Kirby in Arizona . Testimony centered the racial identity and its perceived designation. Joe Kirby claim of being white superseded the testimony of his mother who she claimed to be Mexican. The United States legalShow MoreRelatedRacism And Racial Segregation : A Color Blind Society1052 Words   |  5 PagesRace in America has been a conscientious objective since the beginning of time. Individuals of different hues perpetuate the racial spoils system which vigorously rejects the Martin Luther King theory of a color blind society. Throughout history, the criterion of which racism has stemmed has evolved vastly, yet it’s probably more of an issue in today’s current events than ever before. Through researched data I was able to create a census for this so called issue with race in America. This researchRead MoreClass Vs Race Essay3137 Words   |  13 PagesWhen asking the question, â€Å"Race versus Social class: Which really matters?† there are several important concepts that must first be addressed in order to approach this very complex query sufficiently. First, what do the terms â€Å"social class† and â€Å"race† signify? Also, in determining which really matters, the context of this q uestion is crucial, in other words, to WHO or to WHAT or WHEN or WHERE or HOW each of these terms matters. All of these more specific questions are directly relevant to theRead MorePre Colonial India Is Characterized By Independent Self Sufficient Villages With Various Customs And Laws Essay1682 Words   |  7 PagesPaper December 22, 2016 Pre-colonial India is characterized by independent self sufficient villages with various customs and laws. This separation in cultural, religious and political structures blurred the lines of inclusive political and religious laws. The differences can be observed in the groupings created by the caste system paired with social hierarchy. With the advent of colonialism these institutions were challenged. The introduction of English ideals and political ideology placed strainRead MoreIdentity Crisis Of Asian Americans1276 Words   |  6 Pagesbased on the statistics by U.S. census Bureau, Asian Americans comprised about 5.6% of the entire population in the United States. However, compared to other races in the United States, Asian Americans are still more likely to be neglected. They are more like guests than hosts in this country. The perpetual foreigner is a particular adjective to describe Asian Americans. Moreover, this neglecting comes from both inside and outside. In other words , not just other races have stereotypes or discriminationRead MoreLeadership Through The African American Lens : Seeking Understanding3318 Words   |  14 Pagestheir collective experience fails mentioning in such an important discipline as, leadership. According to the U.S. Census Bureau, African Americans comprise 13.2% of the population. Minorities will increase in the coming decades with the U.S. population becoming more ethnically and racially diverse (U.S. Census Bureau, 2014). Therefore, there is a genuine need for research on the cultural perspective behind African American leadership. African Americans have been a part of the fabric of the UnitedRead MoreMedia s Influence On Perceptions Of Self1563 Words   |  7 Pagespredominantly white media interacts with POC that reinforces racial stereotypes and systematic oppression that affect their daily lives. In the past two decades, research on media has supported the â€Å"media’s ideological power over their consumers to define social reality, not simply reflect it† (Drew, 2011, p. 355). The media, is therefore, not reflecting society’s opinions and attitudes, but rather forming society’s opinions and attitudes of POC. â€Å"They not only set the agenda for public discussion (whatRead More Jamaican Culture and Society Essay2959 Words   |  12 PagesCaribbean has experienced a range of negative societal effects, namely the consolidation of a unifying cultural identity. The demise of colonialism in the Caribbean did not mark the end of social stratification based on racial and ethnic divisions. The prevailing racial distinctions and hierarchy that characterized colonialism via the institution of slavery have historically thwarted any systematic attempt to create a distinct national cultural identity. Thus, this study of the Jamaican culture and societyRead More‘Bowling Alone: The Collapse and Revival of American Community’ by Robert Putnam1500 Words   |  6 Pagesdepending on the context of its usage. Putnam uses it as a synonym for social capital, a qualitative investment to create higher social cohesion through a civic virtue, rather than to describe a specific structure within society. Social capital ‘refers to the collective value of all social networks and the inclinations that arise from these networks to do things for each other’ according to Putnam (Putnam, 1995. p.14). I will break down the idea of social capital intoRead MoreRacism And Aversive Racism1618 Words   |  7 Pagesencompass the nuanced and profound experiences of prejudice faced by racialized peoples in societies whose values do not accommodate explicit discrimination based on race. This form of â€Å"subtle racism†, which in the words of Donald Glover in â€Å"Hold You Down†, you’d only understand through lived experience, is but one facet of a larger social problem: anti-black racism (Glover 2011). Personal understandings and experiences of aversive and explicit racism, detailed in music and poetry, and on a more structuralRead MoreBritish Impact on India10478 Words   |  42 PagesIndian activists needed to frame Indian identity as united against British colonialism. This was not in of itself difficult, but they wanted to maintain an upper-caste dominance over Indian society. This required upholding classical structures of caste identity for all Indians in their vision of what post-colonial In dia would look like and how it would function politically and socially. These structures of caste provided upper-caste Hindus with a privileged social and political position backed by religious

Pearl Harbor Cause And Effect Essay - 1440 Words

The Battle of Pearl Harbor Cause and Effects By Dawn Martin (4631058) American Public University System June 11, 2017 HIST102: American History since 1877 Thomas Pfundstein The Battle of Pearl Harbor Cause and Effects On Sunday morning, December 7, 1941, at 7:55 AM the Japanese Empire led a surprise attack on the US Naval base Pearl Harbor in Hawaii, that would leave millions of Americans in shock, and heartbroken. Before the attack, the United States kept a low profile on International affairs, and concentrated on the domestic affairs at hand. This tragic moment in American history forever remembered. It is a mournful day for the American people, although, for the Japanese Empire it was an honorable day, one they would call a†¦show more content†¦In 1940, the United States was extremely against this animosity and reacted with trade embargoes and monetary approvals. FDR had talked with the Dutch and the British to see if they would agree upon embargoes on Japan. Franklin Delano Roosevelt did not want a conflict in the pacific as the United States was not prepared for war. For instance, the oil embargo that was organized between the British, the Dutch, and the United States was about 90% o f Japan’s imported oil. [3] This upset Japan because without oil or fuel their military and war efforts would come to a complete stop. Beginning of the year in 1941, FDR decided that the Pacific Fleet would move to Hawaii from San Diego in the hopes of discouraging the invasion of the Japanese. Negotiations between Washington and Tokyo had been going on for several months without a resolution. On July 2, 1941, the Imperial High Command was tired of negotiations with the United States and needed to proceed with their development within Asia even with the embargo in place and meaning it would be at a high risk of war with the US. [4] Therefore, the Japanese had deceived the United States, ignored the arbitration, and moved forward with their plans. The United States had hoped that this restrictive embargo would halt Japan’s assault as negotiations had continued well into November. Instead of giving into the United States demands, the Japanese had decided to finally put their surpriseShow MoreRelatedPearl Harbor Cause And Effect Essay1396 Words   |  6 PagesThe Battle of Pearl Harbor Cause and Effects On Sunday morning, December 7, 1941, at 7:55 AM the Japanese Empire led a surprise attack on the US Naval base Pearl Harbor in Hawaii, that would leave millions of Americans in shock, and heartbroken. Before the attack, the United States kept a low profile on International affairs, and concentrated on the domestic affairs at hand. This tragic moment in American history forever remembered. It is a mournful day for the American people, although, for theRead MoreCritical Thinking : The Atomic Bomb1013 Words   |  5 PagesAngel Colbourne AMH-2020-02C 10/16/14 Critical Thinking Essay In this essay critical thinking skills will be used to answer questions about the atomic bomb. First, I will be discussing why the atomic bomb was developed. On December 21st, 1938, nuclear fission was discovered in Germany by Otto Hahn and Fritz Strassmann. It should be noted that this was nine months before World War II. Many physicists immediately saw that nuclear fission could be used to make extremely deadly bombs. The idea of usingRead MoreThe War And Its Effects On Society1357 Words   |  6 Pagesalong with havoc and despair. It impacts those that are involved in the war itself, along with the families of those involved. Society is also impacted by war, both economically and emotionally. War effects every person associated with it or around it. War even effects innocence people. Just as war effects everyone involved in it, so does the art, music, and literature associated with it. Since the beginning of time, art, music and literature have made large impacts on people in life and making an impactRead MoreThe Radar and World War II1626 Words   |  6 Pagesthe United States during the Pacific War? This investigation evaluates the development of naval radar technology during the WWII and how the improvements of the radar helped the US to succeed in the war. To see the change throughout the years, the essay will include the radar before the WWII. The time period will during 1900-1945. Radar was researched by the British in the 1930s as a means to track migratory birds using radio waves to bounce off objects back to a receiver. The length of time it takesRead MoreWorld War 2 : Argumentative Essay1088 Words   |  5 PagesWorld War 2 Argumentative Essay World War 2 was a massive war which engulfed the whole world from 1939 – 1935. There were 2 different sides in the war. These two sides were the Allies and the axis. At the start of the war, the Allies consisted of Great Britain and all of its colonies (such as Australia) and France. The Axis consisted of Germany, Italy, Japan and the Soviet Union. At the start of the war the axis powers were dominating. Germany used â€Å"Blitzkrieg† (Lighting war) tactics very successfullyRead MoreWhen is war justified715 Words   |  3 Pagesprotect one’s nation from harm. A well-known example is when America was attacked by Japan at Pearl Harbor. America responded to this attack by bombing Japan and putting an end to this engagement. If America had not responded in this way, then how many more casualties would they have suffered? America’s act of self-defense revealed to Japan that they don’t want to engage in a war with America and in effect caused Japan to re treat and make peace with America. Humanitarian wars are not justified becauseRead MoreWallace Stevens Poem The Death of a Soldier and William Faulkners Story Two Soldiers: A Comparative Analysis757 Words   |  3 PagesDeath of a Soldier and E.E. Cummings poem my sweet old etcetera in your textbook, Select Writers of the Twentieth Century. Select either poem and analyze the view of war in the poem with the view of war in Faulkners story Two Soldiers. The essay should be well- developed and well-supported with the texts. Wallace Stevens The Death of a Soldier honors the common, unremarkable death of an ordinary soldier. War is portrayed as inevitable in the Stevens poem, like the seasons. As in aRead MoreDifference Between Violence And Compassion1404 Words   |  6 Pagesafter seeing an act of compassion. In this essay You will learn the difference between violence and compassion and how violence has more of an impact on people than compassion. Some acts of compassion wouldn’t exist without violence . Take Clara Barton for example, if the civil war never happened, she never would have become a hero or started the red cross because she never would have become a nurse in the army and seen the physical and mental effects of war on the human body. Malala is anotherRead MoreFree Papers1007 Words   |  5 PagesIf you are looking for free academic papers such as free essays, free term papers, free research papers, free dissertations, free book reports/book reviews, free essays, free speeches, there exists a chance of being accused of plagiarism. Free papers downloaded from essay databases and essay sites can be easily detected by plagiarism detection systems and sofwares. You can find a lot of resources and sites with databases of free sample papers and free example papers on any topic. You can use theseRead MoreFree Papers992 Words   |  4 PagesIf you are looking for free academic papers such as free essays, fre e term papers, free research papers, free dissertations, free book reports/book reviews, free essays, free speeches, there exists a chance of being accused of plagiarism. Free papers downloaded from essay databases and essay sites can be easily detected by plagiarism detection systems and sofwares. You can find a lot of resources and sites with databases of free sample papers and free example papers on any topic. You can use these

Corporate Governance and Shareholder Litigation †MyAssignmenthelp

Question: Discuss about the Corporate Governance and Shareholder Litigation. Answer: Introduction: The general rule of law that is applicable in the present case provides that the articles of Association of company bind the members of the company as well as the members themselves. Therefore, it can be said that the articles amount to a contract that has been. The company and its members regarding the rights and liabilities imposed on members of a corporation. As a result, the law allows a member the company the same way as the company may sue the members in order to enforce or restrain a breach of the articles. Therefore the law provides that the company is bound to its members to all of the articles (Crosling and Murphy, 2009). On the other hand, if there is a breach of the articles by the company, in such a case the members can restrain the company and for this purpose may bring an injunction against the corporation. These provisions have also been given effect by the corporations law. As a result, it has been provided by section 140 of the of the Corporations Act, 2001 (Cth) th at the effect of the Constitution of the company can be described as a contract under seal that has been created between (i) the company and each member of the company (ii) The company and its directors, as well as the company secretary, and also (iii) The members of the companies themselves. Regarding the contractual effect of Constitution of the company, it needs to be noted that this effect is restricted to certain conditions. Therefore, the common law does not provide any rights to any other person in any other capacity (Shapira, 2003). An example of the situation was seen in Eley v Positive Life Assurance Co Ltd (1876). In this case, the company has appointed Eley as its solicitor for life. However, later on, he also became a member of the corporation. His appointment as the solicitor of the company was also mentioned in the articles of Association of company. Ultimately, Eley was removed from his position as the company's solicitor. Under these circumstances, he decided to the company for the breach of contract. It was held by the court that no rights were conferred on Eley as a result of the articles of company, in any capacity, other than his capacity as a member of the company (Ramsay, 1992). The reason that these eyes have not been affected, the court stated that the action cannot succeed. Under the common law, the articles of Association of the company are considered as a contract that has been created between the company and its members. This view was also been codified by section 140(1)(a). In the same way, an example of the position in this regard under the common law can be given in the form of Hickman v Kent or Romney Marsh Sheep-breeders Association (1915). In this case, it was mentioned in the articles of Association of the company that in case of a dispute between the members and the company, but this needs to be referred to arbitration before initiating court proceedings. However, Hickman, directly initiated court action without referring t he matter to an arbitrator. As a result, the company proved to be successful in obtaining a stay of these proceedings. It was held by the court that the memorandum and the articles of Association of the company amounted to a contract created between the company and each of its members. Such contract in the enforced by the company as well as by the members. Therefore, it was stated by the court that when certain rights are purported to be given to an outsider in his capacity as such, whether the person subsequently becomes a member, such outsider cannot sue the company on the basis of these articles, considering them a contract between the person and the company in order to enforce these rights (James, 2013). Therefore the law provides that no rights can be enforced against the company, if such right is purported to be conferred on such person by any article of the company, whether the person is a member or not, and in any press the other than as a member of the company, for example as a solicitor, director or promoter. Under these circumstances, it can be concluded that Max cannot enforce the laws that this was when the Constitution of Chocolate Cleaning Products Pty Ltd. and according to which, Max will remain the solicitor of the company for life and he cannot be removed except in case of negligence. The reason behind this conclusion is that in this case Max wants to enforce the clause in his capacity other than the member of the company. Max is not going to enforce the clause as a member of the company but he wants to enforce the laws in his position as the company's solicitor. Hence, in such a case, it cannot be considered as a contract between the company and Max. Therefore, Max cannot enforce the clause mentioned in the Constitution of Chocolate Cleaning Products Pty Ltd. The issue in this question is if Max can prevent the company from including a clause which allows the directors to expropriate his shares, although a special resolution has been passed by the other shareholders. There are certain rules present in the corporations law that have been developed with a view to protect the minority members of the company in case they have to face oppressive conduct. The term minority oppression includes the conduct that is governed by section 232 of the Corporations Act. In order to deal with such conduct, the courts have been given extensive powers so that really may be provided to a shareholder was to deal with oppressive conduct (Whincop, 2001). Oppressive conduct takes place, for example, when the affairs of the company, including any proposed or real act or omission or resolution takes place in such a way that is against the interests of the shareholders of the corporation as a whole or if the conduct can be described as oppressive, discriminatory or prejudicial against the shareholder. Under these circumstances, section 232 of Corporations Act deals with the conduct of the directors due to which the minority shareholders may have to face commercial unfairness. The provisions of section 232 are wide enough and no restrictions have been placed on what may be considered as oppressive conduct. For the purpose of finding out if the conduct can be described as a process, the courts apply an objective test. In order to do so, the courts are required to consider if the particular conduct also be considered as unfair by any reasonable person. However, the conduct cannot be described as oppressive. Only thing to reason that such conduct is discriminatory or prejudicial for a minority shareholder. Hence it is also necessary that there should be an element of unfairness, present in the conduct (Schreiner, 1979). Under these circumstances, it can be claimed that in the present case, the conduct of the majority shareholders of the company is oppressive and unfairly prejudicial to Max. Therefore, Max can seek an order from the court, preventing the inclusion of the clause, which allows the directors of Chocolate Cleaning Products Pty Ltd to expropriate the shares of the minority shareholders, although such resolution has been passed by the other shareholders of the company. The issue in the present case is if the resolution passed by the executive directors of Aussie Boats Ltd (AB), according to which the company was going to issue additional shares in order to thwart the takeover bid that was going to be made by Millionaires on Water Ltd (MWB) can be treated as a breach of duty by these directors, particularly in view of the fact that the takeover bid is being opposed by these directors to save their own positions because it is known that MWB terminates the position of executive directors after it has completed a takeover while on the other hand, generally the nonexecutive directors are retained. Under these circumstances, advise needs to be given to Banjo if the executive directors of AB have breached any of their equitable or statutory duties. A number of duties have been imposed on the directors. These duties have been prescribed by the common law and at the same time, they have also been incorporated in the Corporations Act, 2001. First and foremost, the directors owe these duties towards the corporation. The basis for these duties can be found in the principles of good faith and accountability (Hanrahan, 1997). The requirements imposed on the directors by common law and statutory right to establish the parameters of this duty but without restricting the flexibility of these principles (Pentony, Graw, Parker and Whitford, 2012). The directors are required by the law to discharge their duties keeping in view the best interests of the corporation. Generally this phrase is interpreted as covering only the "shareholders of the company as a whole". But while making decisions on behalf of the company, generally, the directors may have to deal with several conflicting interests. Therefore, during the recent years, the courts have been ready to give more scope to the directors in considering the interests of various persons who are affected by the acts of the company without encroaching on the principle which requires the directors to act in the best interests of the company (Chumir, 1965). It has been recognized by the courts that acting in the best interests of the company does not mean that the directors should disregard the interests of other stakeholders like the employees, creditors and the community, who may be impacted by the actions of company. Generally it is in the long-term best interests of the company to consider these interests also. Under the present circumstances, if the executive directors of Aussie Boats have made a decision to counter the takeover bid made by MWB, only due to the reason that it is known that after the takeover, MWB abolishes the position of executive directors, it can be said that there has been a breach of duty by these directors. The reason is that the law requires the directors to make decisions by keeping in view the best interests of the corporation. On the other hand, even the present case, the decision has been made by the executive directors of Aussie Boats for the purpose of protecting their position instead of preserving the best interests of the company, and can be said that there has been a breach of the duty by these directors. In this regard, civil penalties that have been described by the Corporations Act, 2001 can be imposed on these directors if it has been established that the decision was not made by them in the best interests of the company and as a result there has been a breach of duty by these directors. References Crosling, G. M. and Murphy, H. M. 2009,How to study business law (4thed.) Sydney, NSW: Lexis Nexis Shapira, G., (2003) Shareholder Personal Action in Respect of a Loss Suffered by the Company: The Problem of Overlapping Claims and Reflective Loss in English Company Law 37 International Lawyer 137. Ramsay, I., (1992) Corporate Governance, Shareholder Litigation and the Prospects for a Statutory Derivative Action 15 University of New South Wales Law Journal 149 at 156 James, N, 2013, Business Law (3rded.) Brisbane, QLD: Wiley. Whincop, M.J. (2001) The Role of the Shareholder in Corporate Governance: A Theoretical Approach 25 Melbourne University Law Review 418 at 432-8 Schreiner, O. C., (1979) The Shareholders Derivative Action A Comparative Study of Procedures 96 South African Law Journal 203 at 211 Hanrahan, P. F. (1997) Distinguishing Corporate and Personal Claims in Australian Company Litigation 15 Company Securities Law Journal 21 Pentony, Graw, Parker Whitford, 2012,Understanding Business Law, Sydney, NSW, LexisNexis Chumir, S., (1965) Challenging Directors and the Rule in Foss v. Harbottle 4 Alberta Law Review 96 Eley v Positive Life Assurance Co Ltd [1876] 1 Ex D 88 Hickman v Kent or Romney Marsh Sheep-breeders Association [1915] 1 Ch D 881