Saturday, December 28, 2019
Death Of A Salesman By Arthur Miller Essay - 2193 Words
Arthur Miller writes a play, Death of a Salesman, about a man named Willy Loman, a traveling salesman, who is on a quest to live out a dream, one that many Americans had; to live a happy and affluent life without having to worry about day to day expenses and to not have any financial struggle. Willy worked hard at his job and has done so ever since he started working thirty plus years ago. As a salesman, he made a commission on the profits of which he was responsible, so his paycheck was largely dependent on the amount of sales he made each month. Mr. Loman was in his late sixties and had been working for the same company since he was a teenager. Still, after many years, Willy is trying to fulfill that childhood dream of his and is optimistic that it will soon come true. Willy had a wife and two sons, all of which were unemployed and reliant upon him, their husband and father, to bring home the money to pay for the various expenses they had. Although hopeful and confident, Willy was barely able to support his family and wouldnââ¬â¢t have been able to thus far without help from his friend and neighbor, Charlie. In his later years, the diligent salesman, still while wishing for a change, had come to terms with the predicament he was in. Willy became very aware of the situation and couldnââ¬â¢t stop pondering over the life he was living compared to the life he had once hoped for. The constant thinking and worrying led to Willy losing some of his sanity; talking to himself andShow MoreRelatedDeath Of A Salesman By Arthur Miller1387 Words à |à 6 PagesAmerican play-write Arthur Miller, is undoubtedly Death of a Salesman. Arthur Miller wrote Death of a Salesman in 1949 at the time when America was evolving into an economic powerhouse. Arthur Miller critiques the system of capitalism and he also tells of the reality of the American Dream. Not only does he do these things, but he brings to light the idea of the dysfunctional family. Death of a Salesman is one of Americaââ¬â¢s saddest tragedies. In Arthur Millerââ¬â¢s, Death of a Salesman, three major eventsRead MoreDeath Of A Salesman By Arthur Miller888 Words à |à 4 PagesDeath of a Salesmanâ⬠is a play written by Arthur Miller in the year 1949. The play revolves around a desperate salesman, Willy Loman. Loman is delusioned and most of the things he does make him to appear as a man who is living in his own world away from other people. He is disturbed by the fact that he cannot let go his former self. His wife Linda is sad and lonely; his youngest son Biff is presented as a swinger/player while his eldest son Happy appears anti-business and confused by the behaviorRead MoreDeath Of A Salesman By Arthur Miller1573 Words à |à 7 Pagesrepresents a character with a tragic flaw leading to his downfall. In addition, in traditional tragedy, the main character falls from high authority and often it is predetermined by fate, while the audience experiences catharsis (Bloom 2). Ar thur Millerââ¬â¢s play Death of a Salesman is considered to be a tragedy because this literary work has some of the main characteristics of the tragedy genre. In this play, the main character Willy Loman possesses such traits and behaviors that lead to his downfall, and theRead MoreDeath of Salesman by Arthur Miller972 Words à |à 4 PagesIn the play Death of a Salesman by the playwright Arthur Miller, the use of names is significant to the characters themselves. Many playwrights and authors use names in their works to make a connection between the reader and the main idea of their work. Arthur Miller uses names in this play extraordinarily. Not only does Miller use the names to get readers to correlate them with the main idea of the play, but he also uses names to provide some irony to the play. Miller uses the meanings of someRead MoreDeath Of A Salesman By Arthur Miller1628 Words à |à 7 PagesArthur Miller wrote the Pulitzer Prize winning play Death of a Salesman in 1949 . The play inflated the myth of the American Dream of prosperity and recognition, that hard work and integrity brings, but the play compels the world to see the ugly truth that capitalism and the materialistic world distort honesty and moral ethics. The play is a guide toward contemporary themes foreseen of the twentieth century, which are veiled with greed, power, and betrayal. Millerââ¬â¢s influence with the play spreadRead MoreDeath Of A Salesman By Arthur Miller949 Words à |à 4 PagesDeath of a Salesman can be described as modern tragedy portraying the remaining days in the life of Willy Loman. This story is very complex, not only because of itââ¬â¢s use of past and present, but because of Willyââ¬â¢s lies that have continued to spiral out of control throughout his life. Arthur Miller puts a modern twist on Aristotleââ¬â¢s definition of ancient Greek tragedy when Willy Lomanââ¬â¢s life story directly identifies the fatal flaw of the ââ¬Å"American Dreamâ⬠. Willy Lomanââ¬â¢s tragic flaw can be recappedRead MoreThe Death Of A Salesman By Arthur Miller846 Words à |à 4 PagesA Dime a Dozen The Death of a Salesman is a tragedy written by playwright Arthur Miller and told in the third person limited view. The play involves four main characters, Biff, Happy, Linda, and Willy Loman, an ordinary family trying to live the American Dream. Throughout the play however, the family begins to show that through their endeavors to live the American Dream, they are only hurting their selves. The play begins by hinting at Willyââ¬â¢s suicidal attempts as the play begins with Linda askingRead MoreDeath Of A Salesman By Arthur Miller Essay2538 Words à |à 11 PagesSurname 1 McCain Studentââ¬â¢s Name: Instructorââ¬â¢s Name: Course: Date: Death of a Salesman Death of a salesman is a literature play written by American author Arthur Miller. The play was first published in the year 1949 and premiered on Broadway in the same year. Since then, it has had several performances. It has also received a lot of accordances and won numerous awards for its literature merit including the coveted Pulitzer for drama. The play is regarded by many critics as the perfectRead MoreDeath Of A Salesman By Arthur Miller2081 Words à |à 9 Pages#1 ââ¬Å"Death of a Salesmanâ⬠by Arthur Miller is a tragedy, this play has only two acts and does not include scenes in the acts. Instead of cutting from scene to scene, there is a description of how the lighting focuses on a different place or time-period, which from there, they continue on in a different setting. The play doesnââ¬â¢t go in chronological order. A lot of the play is present in Willyââ¬â¢s flashbacks or memories of events. This provides an explanation of why the characters are acting a certainRead MoreDeath Of Salesman By Arthur Miller1475 Words à |à 6 Pagesto death to achieve their so- called American dream. They live alone and there is no love of parents and siblings. They may have not noticed the America dream costs them so much, which will cause a bigger regret later. In the play Death of Salesman, Arthur Miller brings a great story of a man who is at very older age and still works hard to achieve his desire, which is the American dream. Later, he no tices that his youth is gone and there is less energy in his body. Willy Loman is a salesman, who
Friday, December 20, 2019
Natural Law And Human Law - 1515 Words
ââ¬ËAn unjust law cannot be a valid lawââ¬â¢ In the light of Natural Law and Positivist theories, assess the accuracy of the above statement. Intro Natural law Natural Law Theory seeks to explain ââ¬ËLawââ¬â¢ as a phenomenon which in order to be valid must meet the standards of a ââ¬Ëhigher lawââ¬â¢ based on morality. Natural law is so called because it is believed to exist independently of human will. It is ââ¬Ënaturalââ¬â¢ in the sense that it is not humanly created. Natural law theories are theories about the relation between the moral natural law and positive human law. Natural law theories vary in aims and content but they share one central idea: that there is a kind of higher (non-human) ââ¬Ëlawââ¬â¢, based on morality, against which the moral or legal validity of human law can be measured . There are two basic types of Natural Law Theory, those where the ââ¬Ëhigher lawââ¬â¢ is set by God as revealed in scriptures (Theological) and those where the ââ¬Ëhigher lawââ¬â¢ is based on morality discoverable through ââ¬Ëreasonââ¬â¢ (Secular). Socrates, Plato and Aristotle Socrates, Plato and Aristotle identified moral behaviour or thinking with justice. ââ¬ËThe moral man was the just man and the moral state was the just stateââ¬â¢. This causes an issue of what suffices a just person and a just state. Socrates (470-399 BC) Socrates argued that there were principles of morality which it was possible to discover through reason and man-made Law based on these principles would be the product of correct reasoning. Plato (428-348 BC) DevelopedShow MoreRelatedAquinas On Natural Law And Human Law1380 Words à |à 6 PagesIn ââ¬Å"Aquinas on Natural Law and Human Lawâ⬠and ââ¬Å"Aquinas on Happiness and the Kinds of Lawsâ⬠by Thomas Aquinas and in ââ¬Å"Utilitarianismâ⬠and ââ¬Å"On Libertyâ⬠by John Stuart Mill they discuss their version of the ideal society that we should be living in. Aquinas asserts that all humans must strive to find happiness and God while Mill claims that the good life is one of maximizing pleasure that our society must help create. Aquinas thinks the common good is for all, while Mill does not think that everyoneRead MoreNatural Law Enforces Human Rights907 Words à |à 4 PagesNatural Law enforces human rights. When we look at abortions laws we see between a legal system based on the legal theory of natural law the law that comes from God s nature and inherent right and wrong as He defines it furthermore a legal system based on legal positivism (law is derived f rom whatever man says is law - no inherent right and wrong). Prior to the turn of the 20th century, legal philosophy from whence laws were derived in the Western world was based upon a natural law theory. ARead MoreThe Natural Law Theory Of Human Nature954 Words à |à 4 PagesIt is our human nature that makes us feel great when we get a job and makes us feel horrible for something we steal something. This is because it feels natural for us to feel that we did something right or wrong. The natural law theory tells us that an action is morally right if it is natural and an action is wrong if it is unnatural. This means that human morality comes from nature and has a purpose to live a good life. If someoneââ¬â¢s actions are preventing them from making them live a good life,Read MoreNatural Law And The Preservation Of Human Life1301 Words à |à 6 PagesNatural law and the Preservation of Human Life Donald J. Moore Webster University September 18, 2016 Ã¢â¬Æ' Natural Law and the Preservation of Human Life In order to address the scenarios in this assignment, one must define the when life begins. According to Thomas Aquinas God created the universe and all plants, animals and life of all types under the doctrine of External Law. Based on his vision, God instilled Natural Law in law to fulfill the parameters of External Law. Self-preservation is notRead MoreSt. Thomas Aquinas: the Human Law and Natural Law Debate1523 Words à |à 7 PagesThe Human Law and Natural Law Debate Heather Saunders 250583261 Thomistic Philosophy 2214 Dr. Fox March 21, 2012 The Human Law and Natural Law Debate Are we naturally moral creatures? Do we always act towards the common good of others? I am positive that we do not, and in fact, as much as society wants to, we go against our morals and lead with our ââ¬Ëfeelingsââ¬â¢. These feelings may feel right, but it doesnââ¬â¢t mean they will lead you in the right path to fulfil your ultimate end, true happiness. HitlerRead MoreNatural Law : The Human Conception Of Justice Or Moral Right1181 Words à |à 5 PagesNatural law can be defined broadly as a philosophical belief that the human conception of justice or moral right is common to all humans and derived from nature. However itââ¬â¢s definition has been highly debated across history and therefore different definitions must be used as to not misinterpret the ideas and principles of different strains of thought within natural law (Boucher, 2009, P.19). It is also very important to distinguish how rights are understood in natural law, which is another contestedRead MoreGeorge Hobbes And Locke s Theories On Government, Human Nature, And Natural Law1661 Words à |à 7 Pagesthat change their trajectory to land close to each other but not in the same place. Much is the same when comparing Hobbesââ¬â¢ and Lockeââ¬â¢s theories on government, human nature, and natural law. Both may come to the same conclusion about the existence of natural laws and how that shapes human nature. However, they disagree on what the natural law would be comprised of. The same can be said for how differently they view the origins and role of governments. Hobbes would argue that governments are made fromRead MoreUniversalist Theory Of Universalism1237 Words à |à 5 Pagesprocess. The justification for this rises from human nature, which is a shared vulnerability of suffering and demands universal reasoning. It also involves religion mandates and existing moral codes. It contrasts moral relativism, which claims that moral truths are relative to personal, historical, cultural , and social circumstances. There are three Universalist theories. They include Rationalism, Legalism, and Natural Lae. The focus of this discussion is Natural Lae. It is a moral theory that claims jurisprudenceRead MoreThe Theory Of Natural Law876 Words à |à 4 Pagesconcept of natural law in his works of the New Testament. In Paul makes use of the concept of natural law in his works of the New Testament. In Romans, the messages are written in such a way that they depict the idea of natural law, which can be attributed to Godââ¬â¢s creation. This situation implies that natural law is directly linked to the laws that dictate the relationship between God and human beings as He created the world. These further shows that the laws are referred to as being natural becauseRead MoreThomas Aquinas And The Natural Law895 Words à |à 4 Pageswhat is human law? In his ââ¬Å"Summa Theologicaâ⬠Aquinas explains that ââ¬Å"It would seem that there is not a human law. For the natur al law is a participation of the eternal law.â⬠Now through the eternal law all things are most orderly, as Augustine states (De Lib. Arb. i, 6). ââ¬Å"Therefore, the natural law suffices for the ordering of all human affairs. Consequently, there is no need for a human law.â⬠Aquinas explains that ââ¬Å"Natural Law is a theory that says that there is an existence of a law that is
Thursday, December 12, 2019
Integrative Research Qualitative Methodologies
Question: Discuss about the Integrative Research for Qualitative Methodologies. Answer: Introduction The objective of this paper is to critically analyze the quantitative and qualitative methodologies. For carrying out the qualitative research, from the rundown of research papers given, I have chosen Moderated guiding: A grounded theory of nursing practice in end-of-life care. For quantitative research technique, I have chosen the research paper, Fighting Like sibling and sister: Sibling Relationship and Future Adult Romantic Relationship Quality. For this paper, I will likewise analyse, compare and contrast the methodologies. I will quickly depict the components of each methodology and investigate them. I will dissect the strengths and weaknesses of each methodology. Quantitative Research Approach Quantitative research approach produces statistics using huge scale survey research, utilizing strategies, for example, surveys or questionnaires and structured interviews. Quantitative research helped in coming in contact with the participants as well as takes the feedback of a large number of people (Mertens, 2014). Quantitative examination tries to comprehend large number of individuals in ways that applies to a more extensive scope of settings (Mertens, 2014). This accentuation on generality likewise prompts the outflow of research questions as far as variables that regularly go about as components in dynamic models. Qualitative Research Approach Qualitative research has been depicted as a type of social request that spotlights in the way individuals decipher and comprehend their experiences and the world in which they live(Holloway, 1997). It alludes to a study procedure that explores an issue where the researcher leads the study in a characteristic setting and constructs an unpredictable investigation or analysis by method of rich depiction and clarifications, and in addition a cautious examination of data (Creswell, 2012). In spite of the fact that there are diverse methodologies inside the more extensive system of qualitative approach, the majority of these have the same point of comprehension the social reality of people, groups and societies. Denzin Lincoln, (1994) have noticed that qualitative approach includes an interpretive and naturalistic methodology. The authors have implied that qualitative analysts study things in their regular settings, endeavouring to comprehend, or to translate, marvels as far as the implications individuals convey to them. Comparing the Qualitative and Quantitative Research Approach Reichardt Cook, (1979) expressed in examination of the two types of research methodologies, that it alludes to various key elements in both research approaches. The comparison between Qualitative and Quantitative research approaches as indicated by three fundamental refinements. Qualitative approach is commonly inductive, subjective, and contextual while Quantitative exploration is commonly deductive, objective, and general. Qualitative Research Quantitative Research Induction Deduction Purposes Generates hypothesis from perceptions Oriented to revelation, investigation Purposes Tests hypothesis through perceptions Oriented to circumstances and end results Procedures Emergent plan Merges information gathering and investigation Procedures Predetermined outline Separate information accumulation and investigation Subjectivity Objectivity Purposes Emphasizes implications, interpretations Tries to comprehend others' points of view Purposes Emphasizes things that can be measured Results do not rely on upon convictions Procedures Researcher is included, close to the data Researcher is the "examination instrument" Procedures Researcher is disengaged, removed from the information Relies on institutionalized conventions Context Generality Purposes Emphasizes particular profundity and subtle element Analyses comprehensive frameworks Purposes Emphasizes speculation and replication Analyses variables Procedures Uses a naturalistic methodology Relies on a couple purposively picked cases Procedures Uses experimental and statistical controls Works over a huge number of cases Contrasting the Qualitative and Quantitative Research Approach Maxwell, (2012) stated that in the qualitative research approach there is a chance of knowing different angles of one subject, which can be inter-related with each other and are socially developed. Qualitative approach creates the hypothesis and the fundamental component of analysis. The research methodology of the qualitative research is unique and relies on the findings. It has been seen that in the quantitative examination approach there is only one implications of the topic, which is goal-oriented and independent. Quantitative research circumstances and end results connections are the bases of learning, tests hypothesis, fundamental component of investigation is numbers sum up and control of mistake. Conversely, between subjectivity and objectivity, quantitative research seeks after an arrangement of purposes connected with objectivity. This accentuation on objectivity ordinarily prompts a worry with separated estimation and an objective of minimizing your own effect. In qualitat ive research, the subjective exploration aims for significance and understandings additionally include close, individual contacts that use the researcher as the "instrument" for recording perceptions. The qualification between induction and deduction is a major distinction between qualitative and quantitative examination. Inductive method commonly begins with perceptions, which you then use to make hypothesis or create speculation. This inductive procedure starting with perceptions prompts objectives, for example, revelation and investigation. In quantitative exploration, the deductive reason starts with speculations and theory, which you assess through perceptions (Morgan, 2013). In context and generality, qualitative research commonly looks at particular circumstances or sets of individuals top to bottom and detail. Furthermore, this methodology regularly depends on all encompassing methodology that looks at whatever number of the applicable components as could be expected under t he circumstances. Qualitative research creates systematic understanding of all encompassing frameworks through naturalistic studies with moderately little quantities of cases. Strengths and weaknesses of Quantitative and Qualitative research approach Qualitative Research Approach Quantitative Research Approach Strengths Rich and comprehensive Focuses on lived experience, set in its connection Interprets individual's perspectives and stories View of homogenous investigation Raise more issues through wide and open-ended request Understanding practices of values, beliefs and presumptions Provides singular case data Data in light of individual's own classifications of importance Useful for portraying complex marvels Strengths Reliability by basic examined Short time period for regulated survey Facilitated numerical information for groups and degrees of concur or differ from respondents Useful for studying vast number of individuals Provide exact, quantitative, numerical information Less time consuming for the analysis of data Research results are moderately independent of the analyst Weaknesses No objectivity confirm result The requirement of interviewers being skilful Time consuming during interviewing procedure and concentrated class process Difficult to make quantitative forecasts More difficult to test theory and speculations with vast member pools Knowledge delivered may not sum up to other individuals or settings Weaknesses No human observation and convictions Lack of resources for substantial scale research No profundity experience depiction Researcher's classifications that are utilized may not reflect local understandings Theories utilized may not reflect local understanding Knowledge delivered may be excessively conceptual and general for direct application to nearby circumstances and the people Fails to give an inside and out portrayal of the experience of disaster Introduction Paradigms are considered the lenses through which one can see the social world and it can be seen diversely as far as presumptions, values and interests (Cohen, Manion, Morrison, 2013). In addition to that, Lincoln, Lynham, Guba, (2011) keep up that paradigm is an arrangement of basic beliefs. It shows the world perspective and the way of the world itself, the individual's position and the conceivable connections in the world. A researcher's paradigm can vary on the premise of ontology (the nature of reality), epistemology (the nature of learning) axiology (the qualities connected with zones of exploration and speculating), or approach (systems for collecting and analysing information (Nuttin, 2014). In any case, paradigms are utilized as methods for categorising and grouping research. Positivist Paradigm Positivism started by Auguste Comte in the nineteenth century (Lather, 2006, January) and declares a determinist and empiricist reasoning, where causes decide impacts, and intends to straightforwardly watch, quantitatively measure and foresee connections between variables (Hammersley, 2009). I accept that social marvels, similar to objects in normal science, can be dealt with similarly. Positivism paradigm is infrequently likewise alluded to as a realist or practical paradigm accept that a solitary genuine reality as of now exist 'out there' and is holding up to be found. Positivists trust that the truth is steady and can be watched and portrayed from a target viewpoint (Livesey, 2006), that is, without meddling with the phenomenon being examined. They believe that the marvels ought to be confined and that perceptions ought to be repeatable. (Weber, March 2004) expressed "Positivism" has a long and rich recorded convention. Interpretivism Paradigm Cohen, Manion, Morrison, (2013), as referred to in Rombo, (2007), said that interpretive paradigm has been considered as a more extensive wording and lenses, which one could disclose the social phenomenon for examination. From an interpretive perspective which is likewise termed constructivist or constructionist-the truth is 'not out there, which an analyst can obviously clarify, depict, or translate into a research report. Alternatively, it might happen that both reality and information are built and repeated through, correspondence, connection and practice. The interpretive paradigm focuses on how individuals comprehend their lives and how their feeling of self creates in association with others. Comparison between Positive and Interpretivism paradigm Ponterotto, (2005) considers positivism to be setting emphasis on the presumption that there is one genuine reality, the supposition that the researcher and participant are independent and the suspicion that there is no spot for values in research. Interpretivism considers reality to be numerous developed subjectivity realities affected by the connection and the communication between the researcher and the participant with the specialist recognizing and endeavouring to section his or her own values and their impact on knowing. Positivism One genuine reality Researcher and participant are independent No place for values in exploration The talk of presentation is objective Quantitative methods Interpretivism Reality-multiple built subjective realities. Communication between the researcher and the participant Researcher to section his or her values and their impact on knowing The talk of presentation is subjective and alerts around subjectivity Mainly Qualitative methods Strengths and Weaknesses of Positivist and Interpretivism paradigm Positivism Gives legitimacy and objectivity to a research It depends on exact strategies and can bolster a research with statistical and objective data Lack of in depth knowledge of a context "You can't capture the full abundance of the individuals and environments" (Creswell, 2012) Deterministic view, individuals are social (Weber , 1990) Interpretivism Gives you alternatives, distinctive perspectives, and this is "healthy" for society (Denzin Lincoln, 1994) You can have admittance to various parts of reality The individual is an "active agent" (Weber, 1990) Difficulty to recognize right or off-base. "Anything goes" (Fowler Jr, 2013) Anything could be just guaranteed with no acceptance of information or scientific methodology Conclusion To finish up, I have learnt that both qualitative and quantitative research methodologies are very important in a research. I have understood that both the methodologies are helpful; circumstances and it will be good idea to combine the methodologies as they give better and accurate results. Both quantitative and qualitative methodologies play an equivalent part, particularly in research, and may likewise influence each other. As a postgraduate understudy, I have learnt both methodologies are pertinent in light of the fact that they drive people to the similar conclusions. I consider both exploration methodologies are helpful, yet it relies on upon the objective of the examination. The advantage of positivism is that, the positivist stay segregated from the members of the research by making a separation, which is essential in remaining emotionally neutral to clarify qualifications between reason and feeling (Lincoln, Lynham, Guba, 2011). The positivism paradigm is likewise reprimanded of this issue of isolating the researcher from what is being looked into. The disadvantage of positivism is that positivism paradigm does not have place for values in the research. The disadvantage implies the positivist does not have esteem nor have any appreciation of the values and beliefs of the members in the examination. I support the fact as a future analyst and I cannot attempt any research here in New Zealand without recognizing the estimations of the 'tangta whenua' (Maori) The disadvantage of interpretivism paradigm is that it does not permit generalisation since it energizes the investigation of little number of cases that does not apply to the entire population. The advantage of interpretivism paradigm is that analyst attempting to section his or her own values and their impact on knowing. As a postgraduate understudy, I would tend to support the interpretive methodology. The research that interests me is prone to be connected to regions that I am acquainted with and along these lines; it is plausible that I would be an impact in the research procedure. References Cohen, L., Manion, L., Morrison, K. (2013).Research methods in education. Routledge. Creswell, J. W. (2012).Qualitative inquiry and research design: Choosing among five approaches. Sage. Denzin, N. K., Lincoln, Y. S. (1994).Handbook of qualitative research. Sage Publications, Inc. Fowler Jr, F. J. (2013).Survey research methods. Sage publications. Holloway, I. (1997).Basic concepts for qualitative research. Wiley-Blackwell. Lather, P. (2006). Paradigm proliferation as a good thing to think with: Teaching research in education as a wild profusion.International journal of qualitative studies in education,19(1), 35-57. Lincoln, Y. S., Lynham, S. A., Guba, E. G. (2011). Paradigmatic controversies, contradictions, and emerging confluences, revisited.The Sage handbook of qualitative research,4, 97-128. Livesey, C. (2006). The relationship between Positivism Imterpretivism and Sociological Reserch Methods.As Sociology for AQA. Maxwell, J. A. (2012).Qualitative research design: An interactive approach: An interactive approach. Sage. Mertens, D. M. (2014).Research and Evaluation in Education and Psychology: Integrating Diversity With Quantitative, Qualitative, and Mixed Methods: Integrating Diversity With Quantitative, Qualitative, and Mixed Methods. Sage Publications. Morgan, D. L. (2013).Integrating qualitative and quantitative methods: A pragmatic approach. Sage publications. Nuttin, J. (2014).Future time perspective and motivation: Theory and research method. Psychology Press. Ponterotto, J. G. (2005). Qualitative research in counseling psychology: A primer on research paradigms and philosophy of science.Journal of counseling psychology,52(2), 126. Rombo, J. L. (2007). School cultural features and practices that influence inclusive education in Papua New Guinea: A consideration of schools in Southern Highlands province.Unpublished Masters Thesis, The University of Waikato. School of Education, Hamilton, New Zealand. Weber, R. (2004). Editor's comments: the rhetoric of positivism versus interpretivism: a personal view.MIS quarterly, iii-xii. Weber, R. P. (1990).Basic content analysis(No. 49). Sage.
Wednesday, December 4, 2019
Plutus Payroll-Case Study-Free-Samples for Students-Myassignment
Question: Disucss about the: 1.The corporate veil 2. Piercing the corporate veil 3. Director duties Answer: Plutus payroll is an Australian company which was so far used by larger organizations in Australia to pay the contractors on roll or to pay the people who were working as freelance workers. The company (Plutus payroll) on the other hand was owned by Synep in which the son of deputy tax commissioner (ATO) was both a secretary and director. 1.The corporate veil Issue The issue revolves around the status of the Plutus Payroll as a separate entity. Rule The concept of corporate veil was entrenched in the English company law. In the case of Salomon vs. A Salomon Co. Ltd (1897) the English upper house has decided that once a company is formed based on whatever means the company would be regarded for all purpose a separate entity in the eyes of legal parlance and existence of such an entity cant be questioned1. A company established under legal provisions would run as a separate entity different from those people or members and shareholders who have formed the company and thus a legal entity would emerge on its own to undertake legal business activities2. However, a company being a non-natural person -would not be able to run itself and thus it would need the help of natural persons to run its affairs for all practical purpose. Even though the law allows the judicial person to own assets in its own name the same would be signed by natural persons acting as directors etc. on behalf of the company under the seal of the company. As a res ult, a company can be capable of suing others for misconduct and other persons dealing with a company can also sue a company in case of a dispute and misconduct3. Footnotes: Hannigan, B. (2017). Company Law (4th ed.). London: Oxfrd foundation. Worthington, S. (2016). Sealy Worthington's Text, Cases, and Materials in Company Law (11th ed.). Brighton: Oxford University Press. French, D. (2016). Company Law (Thirty-fourth edition ed.). London: Oxford University Press. Application In the case of Lee v. Lees Air Farming Ltd (1961) the court held that a person can act in dual capacity if there is a valid and legal contract between the company and the worker concerned and thus allowed a single person to act as am employee and a director. The gist of the case was that a company once registered as a company under the relevant provisions of the act would have all the powers to act as a separate entity for all legally applied purpose4. Salomon Co Ltd was a duly registered company under the relevant provisions of Companies Act 1862 of United Kingdom and form the case the followings have emerged: a company would have all the rights as natural person in owning its separate properties. a company would also have the right to incur debts and issue debts in the market on its own and it would solely be liable for its own debts5. A company would be allowed to make contracts with employees of the company and outsiders as well which was reasserted in the case of Lee v. Lees Air Farming Ltd (1961). Because a company is regarded as a separate entity or judicial person it would can commit crimes and torts. Conclusion Thus, it is quite clear that while the ruling in the case of Salomon v. A Salomon Co. Ltd (1897) provided the legal sanctity to the companies, the same also provided a legal option of trying to ascertain if the companies are doing their activities legally or they have engaged themselves in illegal activities which has been prohibited under provisions of other laws of the state. If it is ever found that the companies concerned have been engaged in illegal and other activities which are not endorsed by law the real activities of a company like Plutus payroll can be checked thoroughly for breach of law6. Thus, it can be said that Plutus payroll being a registered entity in Australia enjoyed the privilege of being a corporate entity and thus also enjoyed the concept of separate legal entity as endorsed in the above case settlements beforehand. Footnotes: Bredeson, D. A. (2013). Business law and the Legal environment . Chicago: south western Cengage Learning. Taylor, C. (2016). Company Law - Law Express (4th ed.). london: Pearson Education Limited. Roach, L. (2017). Company law- Guide and Revision (4th ed.). Leicester: Oxford University Press. 2.Piercing the corporate veil Issue The issue is to find whether the corporate veil shall be lifted for the Plutus payroll company to see the real operations undertaken by the company. Rule Thus, a company being considered a separate entity form those who comprises of the same would have the authority to undertake such actions which would be deemed to be necessary to run the activities and achieve the goals of the company(Taylor, 2016). However, a company being a non-natural person (company is regarded as a judicial entity only) would not be able to run itself and thus it would need the help of natural persons to run its affairs for all practical purpose. Because the company depends upon the human help, the same can be undertaken with dubious intentions sometimes and thus it would be necessary in such cases to look beyond the veil in which the company acts and operates to separate the goals and real activities form each other. If it is found that the actual activities of the company involve anything which defeats the purpose of the law then the company can be prosecuted and liquidated(shepherd, 2016). The lifting of corporate evil can be done in the following cases: The veil of a company can be lifted by the state for protecting revenue of the state. Thus a companys veil of being a separate entity can be lifted if its suspected of being used as means of evading taxes as proved in the case of Adams V Cape Industries Plc ,1990 and DHN Food Distributors Ltd V Tower Hamlets London Borough,1976.Corporate veil can also be lifted to determine if the company concerned is a case of being an enemy company which means the company is being run by people who are citizens of another country which is at war with Australia. Footnotes Hargovan, J. H. (2014). Australian Corporate Law. Melbourne: Lexis Nexis. Howard, L. (2013). Corporaete law and cases. UNSC LAW Journal, 24(2), 34-42. The corporate veil of the entity can also be lifted to find out if the entity has been operating in a manner so as to avoid its legal obligations. The corporate veil of the company being a separate entity can be lifted in circumstances under which it is suspected that the company is being run in a manner to defraud the respective state and the government in general and is actually sham institution as seen in the case of Gilford motor co v Horne ltd (1933)9. Application Plutus payroll was one of those legitimate payroll companies in Australia which undertook payroll duties and was used by many larger companies in Australia for paying contractors and freelance workers. Plutus accepted funds from over a few dozen companies to pay the contractors of the respective companies. The payments were then transferred to 7 tier 2 or those companies which were sub-contracted by Plutus. These tier 2 companies then processed the payments to the concerned contractors. It was found that the tier 2 companies (sub-contracted companies) were run by people who were acting as directors has very little idea or knew nothing about these companies. The operations of these companies were run by members of crime syndicates in Australia10. These tier two companies were paying the contractors of the client companies these companies were required to submit the PAYG taxes to the Australian tax office (acting on behalf of the client companies). The tax authorities found that the tier 2 companies were paying the Australian tax office only a small portion and deflating and hiding the balance of the due tax. The balance of the due taxes was cleverly siphoned off by the crime syndicate members to their own accounts and otherwise for being used for personal gain. Some of the companies which were used to transfer illegitimate payments were found to be present in the same building and run by fictitious persons11. Footnotes Tomasic, R., Bottomley, S., McQueen, R. (2014). Corporaiton Law in Australia (2nd ed.). Melbourne: The Federaiton Press. Harris, J. (2015). Company Law: Theories, Principles and Applications (2nd ed.). Sydney: lexis-Nexis. Kraakman, R., Armour, J. (2017). Anatomy of Corporate LAw-A functional apporach. London: oxford University press. Because of this discovery the accounts of the Plutus payroll was suspended by the Australian tax office and the same caused non-payments complaints from thousands of contractors or freelance workers engaged in the IT sector. Thousands of complaints later action was taken Australian tax office which found the son of the deputy tax commissioners involved in running of the company (Plutus payroll) and working both as a director and employee (secretary)12. It is believed that a private equity firm SYNEP was the owner of the firm Plutus Payroll and the company was chaired by Adam Cranston who was found to be the son of ATO deputy commissioner Michael Cranston. These revelations have brought the questions of law into operation which must be used to lift the corporate veil surrounding the existence of and operations of Plutus payroll. Conclusion The management of the Plutus payroll have been engaged in the business operations in a manner which is contrary to the legal provisions of the Australian corporation Act, 2001 ad others and the activities are believed to have been carried in manner to defraud the Australian government. There exists enough evidence of suggesting fraudulent activities being carried in the name of a maze of companies and tier -2 operatives in the name of Plutus payroll company13. Thus, there is enough reason to believe that Plutus was arranged in the manner which was discovered has been carried out with sole intention of avoiding paying taxes and enriching personal coffers of some of these involved in the payment of payroll and those people are the people who bankrolled Plutus in the first place. Thus, it becomes the duty of the ATO and other legal departments to lift the veil of the Plutus Payroll and find out how the operations were carried by the management and under what pretext. The true facts would only emerge only when the corporate evil is taken off and investigations bring out the true operators behind the fraudulent behavior14. Footnotes Croese, J. H. (2016). CORPORATE AND COMMERCIAL LAW (2nd ed.). Melbourne: CCH Austrlalia. Dignam, A., Lowry, J. (2015). Company Law (9th ed.). London : Oxford university Press . Tomasic, R., Bottomley, S., McQueen, R. (2014). Corporaiton Law in Australia (2nd ed.). Melbourne: The Federaiton Press 3.Director duties Issue The issue is to find out if the directors of the Plutus Payroll acted within legal sanctions. Rule Directors of any company would be expected to company with the internal regulations of the company and exercise their powers only in the direction for which they were authorized. Directors are in fact stand in a fiduciary position which means the directors cant use the position in which they were in for their own benefit Towers v Premier Waste Management Ltd[2011] and must use the power to make sure they work for the overall benefit of the shareholders and the employees of the company. Under s180(1) the directors involved must also use due care and diligence in doing their duty. The same has been established in the case of (ASIC) v Cassimatis (No. 8) [2016] FCA 1023 where the directors were found to be in breach of their duty to undertake acts with due care and diligence15. Application The directors of Plutus has had the primary duty of paying the payrolls of the contractors on behalf of tis clients and there is no known reason to know why the same operations were transferred to the sub-contractors in the first place16. Conclusion It was the duty of the Plutus management to oversee the payment operations went on smoothly and make sure payments are done in a timely manner when they have sub-contracted the payment work to others. Tax deductions would have been made by Plutus and not the sub-contractors and the same should have be complied with by the management of the Plutus payroll itself17. Thus, there is enough reason to believe that the directors of the Plutus payroll violated established principles and were explicitly involved in diversion of funds with an intention to avoid payment of taxes18. Footnotes Armour, J. (2015). Essential Corporate Law. London: oxford University press. Beatty, J. F. (2013). Business Law and Leagal Environment (6th ed.). Newyork: South Western Cengage Learning. Stephen, B. (2015). Foundations of Taxation Law (5th ed.). Melbourne: CCH Australia Limited. Coleman, K. S. (2016). Principles of taxation law (6th ed.). Pyrmont, N.S.W: Thomson Reuters. Bibliography Armour, J. (2015). Essential Corporate Law. London: oxford University press. Beatty, J. F. (2013). Business Law and Leagal Environment (6th ed.). Newyork: South Western Cengage Learning. Bredeson, D. A. (2013). Business law and the Legal environment . Chicago: south western Cengage Learning. coleman, K. S. (2016). Principles of taxation law (6th ed.). Pyrmont, N.S.W: Thomson Reuters. Croese, J. H. (2016). CORPORATE AND COMMERCIAL LAW (2nd ed.). Melbourne: CCH Austrlalia. Dignam, A., Lowry, J. (2015). Company Law (9th ed.). London : Oxford university Press . French, D. (2016). Company Law (Thirty-fourth edition ed.). London: Oxford University Press. Hannigan, B. (2017). Company Law (4th ed.). London: Oxfrd foundation. Hargovan, J. H. (2014). Australian Corporate Law. Melbourne: Lexis Nexis. Harris, J. (2015). Company Law: Theories, Principles and Applications (2nd ed.). Sydney: lexis-Nexis. Howard, L. (2013). Corporaete law and cases. UNSC LAW Journal, 24(2), 34-42. Kraakman, R., Armour, J. (2017). Anatomy of Corporate LAw-A functional apporach. London: oxford University press. Roach, L. (2017). Company law- Guide and Revision (4th ed.). Leicester: Oxford University Press. shepherd, c. (2016). Key Cases: Company Law - Key Cases (3rd ed.). BRIGHTON: aylor Francis Ltd. Stephen, B. (2015). Foundations of Taxation Law (5th ed.). Melbourne: CCH Australia Limited. Taylor, C. (2016). Company Law - Law Express (4th ed.). london: Pearson Education Limited. Tomasic, R., Bottomley, S., McQueen, R. (2014). Corporaiton Law in Australia (2nd ed.). Melbourne: The Federaiton Press. Worthington, S. (2016). Sealy Worthington's Text, Cases, and Materials in Company Law (11th ed.). Brighton: Oxford University Press.
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