White Privileges and the role they play in American Society Essay Example for Free

White Privileges and the role they play in American Society Essay Our daily lives are affected by race whether we know it or not. We all see the world through a racial lens that colors our world, African American, Caucasian, Asian, Mexican, or other. I came across an article online entitled â€Å"Black Sons, White Privilege, Ferguson, and the Gospel† which is written by Caucasian Pastor Jeremy Haskins. Haskins has three sons, two of whom are African American. He talks about a time, he went into a children’s recreational dwelling, taking his sons with him, he took his African American son in and tried to sign him in, but he was denied admission because of the color of his skin (even though that was his adopted son it didn’t matter). However a short while later, one of the Pastor’s Caucasian sons walked in (he wasn’t on the party list), without being asked to sign in, not even a second glance. The Pastor and his wife do not want to believe that white privilege still exists but, unfortunately after those conditions and the current situation going on in Ferguson, MO, they may have too. As the father of two African American sons, Pastor Haskins, has (unfortunately) witnessed firsthand how differently his boys are treated because of the color of their skin. He and his family unlike many have to live everyday of their lives wondering why we still live in such a racially divided nation. Also different from most Pastor Haskins, has not only previously experienced racial tension but he’s articulated it and made a practice of blaming it on his childhood. But somehow he manages to overcome this, and make peace with his social injustices. He continues to go and discuss how the shooting in Ferguson has infuriated him in more ways than just the fact that a young unarmed African American boy was killed, but because of the response that African Americans and Caucasians alike are having. Instead of retreating to the church and acknowledging their antagonism towards one another and working to resolve the racial difficulties we are having here in the U. S, they have turned to looting, rioting, and protesting. The fact the Ferguson Police Dept.has used the media to repeatedly misinform the public with false information is not only severely angering, Pastor Haskins, but it has caused him to weep for his two African American sons. But what’s really pissed him off is that the Evangelicals say things like â€Å"Michael Brown was a thug, he was drunk, etc†¦Ã¢â‚¬  and these are supposed to people of the church. Speaking on angering, Pastor Haskins, the one thing that has completely and utterly frustrated him is that the Evangelicals are â€Å"offended† that the people say white privilege still exists. They do not think that they are receiving any special privileges, they honestly think that everyone is treated the same way. That response has led to the, Pastor believing that the Evangelicals will agree to anything racial or not to avoid the thought of even having to side with African American males and females alike. The Pastor goes on to say that, it is rather easy to deny the privileges and go with the flow, if you are a Caucasian American yourself and enjoying the privileges. Not many people will understand what is like to be at the receiving end of the pole when it comes to racism and white privilege. I can relate to Pastor Haskins, growing up as a biracial child, with an African American father and a Caucasian mother, I got looks, I was talked about, I wasn’t allowed to do things that other kids got to do. There was even a time in Kindergarten (I remember this because I am reminded of it every single day), I was sent to the end of the line in my class, because â€Å"the Caucasian kids had priority over me, the other African Americans, and minorities in my class†. It’s sad to see that it has been over 50 years since the Civil Rights Movement, and here we are today in 2014, and Caucasians still have their â€Å"White Privilege†.

Internal And External Beauty Essay -- essays research papers

Internal and external beauty are both very important in our society. To be beautiful internally means to have a kind heart and be understanding. To be beautiful externally means to be beautiful on the outside such as having a nice figure and an attractive smile. Internal beauty is important because beyond looks, it is your personality that is noticed. External beauty is important because it is your attractive figure that brings notice to someone’s great personality or external beauty. To me, internal and external beauty are represented and influenced by family members, friends, and society as a whole.   Ã‚  Ã‚  Ã‚  Ã‚  Family members are important how we perceive internal and external beauty. Depending on which family member, there is an absolute distinction made between external beauty and internal beauty. Parents are most likely to look at the internal beauty rather than the external, while siblings look at the external part more closely. This, however, is not always true. My parents seem to favor their ancestry, as compared to others. Since I am of Polish descent, my parents believe that external beauty is irrelevant as that person is Polish. This changes when the person is not Polish. If the person is not Polish, then his or her external beauty for some strange reason becomes very important.   Ã‚  Ã‚  Ã‚  Ã‚  My brother on the other hand seems to be the most reasonable. Sure, he looks if the girl that I am dating is pretty, meaning if she has ext...

Seven Eleven Case

http://zh. scribd. com/doc/45901851/Study-Questions-2 Questions 1. A CONVENIENCE STORE CHAIN ATTEMPTS TO BE RESPONSIVE AND PROVIDECUSTOMERS WHAT THEY NEED, WHEN THEY NEED IT, WHERE THEY NEED IT. WHAT ARESOME DIFFERENT WAYS THAT A CONVENIENCE STORE SUPPLY CHAIN CAN BERESPONSIVE? WHAT ARE SOME RISKS IN EACH CASE? 1. 1 As responsiveness increases, the convenience store chain is exposed to greater uncertainty. A convenience store chain can improve responsiveness to this uncertainty using one of the following strategies, especially for fresh and fast foods:Local Capacity. The convenience store chain can provide local cooking capacity at the stores and assemble foods almost on demand. Inventory would be stored as raw material. This is seen at the U. S. fast-food restaurant franchise Subway where dinner and lunch sandwiches are assembled on demand. The main risk with this approach is that capacity is decentralized, leading to poorer utilization. Local Inventory. Another approach is to have all inventory available at the store at all times. This allows for the centralization of cooking capacity.The main risk is obsolete inventory and the need for extra space. Rapid Replenishment. Another approach is to set up rapid replenishment and supply the stores with what they need when they need it. This allows for centralization of cooking capacity and low levels of inventory, but increases the cost of replenishment and receiving. 1. 2 As responsiveness increases, the convenience store chain is exposed to greater uncertainty. A convenience store chain can improve responsiveness to this uncertainty using one of the following strategies, especially for fresh and fast foods:1. Local Capacity.The convenience store chain can provide local cooking capacity at the stores and assemble foods almost on demand. Inventory would be stored as raw material. This is seen at the U. S. fast-food restaurant franchise Subway where dinner and lunch sandwiches are assembled on demand. The main risk w ith this approach is that capacity is decentralized, leading to poorer utilization. 2. Local Inventory Another approach is to have all inventory available at the store at all times. This allows for the centralization of cooking capacity. The main risk is obsolete inventory and the need for extra space. . Rapid Replenishment Another approach is to set up rapid replenishment and supply the stores with what they need when they need it. This allows for centralization of cooking capacity and low levels of inventory, but increases the cost of replenishment and receiving. From the case study, Seven-eleven Japan Co. had provided their customers a variety of service that is difference responsive way from usual convenience store concept. 1. 7dream. comSeven-Eleven Japan established an e-commerce company which their customer can choose the product at home and pick the product at the store.Because from the survey, 92% of its customers preferred to pick up their online purchase at the local conv enience store rather than have them delivered at home. Since Seven-Eleven Japan have the distribution system that conforms with these drop and pick up system. So Seven-Eleven serve as drop-off and collection points for Japanese people. Instead of providing customers at that time the need is happen, the customers can choose the product at home and then pick up the product later at the store.The risk of this case is normally Seven-Eleven Japan established this system as a way to derive benefit from the existing distribution system. If in the future this system is popular among the Japanese, the capacity of the existing distribution system may not be enough to serve the customers such as a space to storage the goods waiting for customers to pick up (the store in Japan is smaller than other country)2. In-Store Payment Instead of selling household goods, food and groceries, a convenience store can be responsive as a payment spot.Seven-Eleven Japan add a variety of services that customers can obtain at its stores for example an in-store payment of Tokyo Electric Power bills, gas, insurance premiums, and telephone. In order to attracted millions of additional customers every year and take advantage of opening hour and number of stores to service customer. The risk of this case is when the company adopt this service every Seven-Eleven store Japan have to link with the data of the payment such as electric bill. If the employees not fully understand how the ystem works, he or she will misunderstand and take too long to serve customer. Result in lower customer satisfaction and can link to overall brand dissatisfaction. Some customer will stop buying at Seven-Eleven because the long waiting time. 2. SEVEN-ELEVEN'S SUPPLY CHAIN STRATEGY IN JAPAN CAN BE DESCRIBED ASATTEMPTING TO MICRO-MATCH SUPPLY AND DEMAND USING RAPID REPLENISHMENT. WHAT ARE SOME RISKS ASSOCIATED WITH THIS CHOICE? 2. 1The main risk for Seven-Eleven is the potentially high cost of transportation and receiv ing at stores. 2. By using rapid replenishment system, Seven-Eleven Japan store can manage lower inventory in the store and higher shelf space available. This fit for Seven-Eleven in Japan because of smaller size of the store. But it still have some risk in case of a very fluctuated demand, when the demand raise to a very high level the inventory that the store stock might not be enough to serve customers demand. This situation will lead to loss of a sale and lower customer’s satisfaction. The rapid replenishment is a core concept to lean thinking.It’s how you can manage the flow of inventory and how you can shorten the cycle time between each delivery. Which mean seven eleven will deliver more often and the quantity of the product between each deliver will depend on the demand of the customer that forecast from the Point Of Sale and previous Data. It allowed seven eleven to be able to control their inventory level because when they deliver more often they can deliver just few amounts at a time. Therefore there are also some risks associated with this system.First, even though the rapid replenishment is a good system but the cost of replenishing and receiving is high. It’s because the system that require to put the rapid replenishment become efficient, for example they have to install the point of sale system to generate the sale information to the dc and supplier so they can deliver the good that fit for the curtain demand. For the receiving they also have to have the product scanner to scan the product when it arrives to the store. All of that equipment that’s required will raise the cost of the replenishing and receiving.Furthermore, the receiving cost also high because of the number of the delivery that higher too. Second, even though rapid replenishment helps seven eleven to maintain their inventory level that drive by the demand of the customer, to save their inventory cost. Sometime it might be risk in the shorten of inventor y(backlogs) because when seven eleven tried to micro match the demand and supply, seven eleven have to rely on the past purchasing data and the point of sale data. To be able to generate the demand forecast to deliver the product to each of seven eleven chain store.What if the demand has become so fluctuate to the point that it over their inventory level, that time seven eleven will be suffer from the empty shelf. As you know that the favorite items from seven eleven are such as lunchbox, rice ball and sandwich, so most likely if the consumer come during the high demand won’t have the food to consume. So most likely the consumer will go to other convenience store to buy the food to serve their need in that curtain time. If this scenario happen more that few time, the consumer most likely to switch the convenient store.That’s why this is also the risk that seven eleven has to face and try to overcome in order to maintain their competitive advantage. Third, the risk that they have to face is that they will not have the economics of scale in production because when they apply the rapid replenishment, the suppliers will only produce the product to match the need of the store when they need it. They won’t produce the same item for the large amount, which is if they produce in that way they won’t have to suffer from the set up cost in each batch that they have to produce.Fourth, even though the rapid replenishment will lower the transportation but seven eleven still have to concern about the gas price because if the gas price raise it will again increase their operation cost. Then again seven eleven won’t be able to raise their product price to serve that cost too due to the incentive competition in the convenience market. Fifth, Due to the system that when the trucks deliver the product to the store, there will be only the store people who scan and check the product in to the system. There will be no way of detecting the feud.The replenishment system worked on trust and did not require the delivery person to be present when the store personnel scanned in the delivery. This is a very risky system because store personnel may stoles the products. It can cause company loss in a million. 3. WHAT HAS SEVEN-ELEVEN DONE IN ITS CHOICE OF FACILITY LOCATION, INVENTORYMANAGEMENT, TRANSPORTATION, AND INFORMATION INFRASTRUCTURE TO DEVELOPCAPABILITIES THAT SUPPORT ITS SUPPLY CHAIN STRATEGY IN JAPAN? 3 .1 All choices made by Seven-Eleven are structured to lower its transportation and receiving costs.For example, its area-dominance strategy of opening at least 50 to 60 stores in an area helps with marketing butalso lowers the cost of replenishment. All manufacturing facilities are centralized to get the maximum benefit of capacity aggregation and also lower the inbound transportation cost from the manufacturer to thedistribution center (DC). Seven-Eleven also requires all suppliers to deliver to the DC where products aresort ed by temperature. This reduces the outbound transportation cost because of aggregation of deliveriesacross multiple suppliers. It also lowers the receiving cost.The information infrastructure is set up to allowstore managers to place orders based on analysis of consumption data. The information infrastructure alsofacilitates the sorting of an order at the DC and receiving of the order at the store. The key point toemphasize here is that most decisions by Seven-Eleven are structured to aggregate transportation andreceiving to make both cheaper. 3 .2 ? Filling in the entire map of Japan is not our priority. Instead, we look for demand where Seven-Eleven storesalready exist, based on our fundamental area dominance strategy of concentrating stores in specific areas.? hisabove statement shown that to ensure that the support of Seven-Eleven Japan ¶s facility location to its supply chain strategy, Seven-Eleven Japan has based its fundamental network expansion policy on a market dominanc estrategy. Wherever Seven-Eleven Japan entries into any new market, it was built around a cluster of 50  ± 60 storessupported by a distribution center. The main reason of applying cluster strategy, it is that clustering gave Seven-Eleven Japan a high-density market presence and allowed it to operate an efficient distribution system.There areseveral benefits of implementing the market-dominance strategy including such as boosting distributionefficiency, improved brand awareness, increasing the system efficiency, enhancing efficiency of franchise supportservices, improving advertising effectiveness and preventing competitors ¶ entrance into the dominant area. For inventory management, what Seven-Eleven Japan had done to develop capability that support its supply chain strategy is to offer its stores a choice from a set of 5,000 stock keeping units and each store could carry onaverage about 3,000 stock keeping units depending upon the local customer demand.Seven-Eleven emphasizedre gional merchandizing to cater precisely to local preferences. Each store carries food items, beverages,magazines, and consumer items such as soaps, detergents, etc. The highest generated sale of Seven-Eleven is under food category, and under Seven-Eleven Japan concept, thefood items were classified in four broad categories including Chilled items such as sandwiches, delicatessenproducts, and milk; Warm items such as box lunches, rice balls, and fresh bread; Frozen items such as ice-cream,frozen foods, and ice cubes; and Room-temperature items such as canned food, instant noodles, and seasonings.The efficiency in managing the inventory of Seven Eleven Japan could be proved by the resulted of inventory turnover rate is equal to over 50 when comparing to the second largest Seven Eleven in the United States is only about 17 in 2003. For transportation or distribution system of Seven Eleven Japan, the system was tightly linked the entire supply chain for all product categories as Seven E leven distribution centers and the information network played a key role in that regard.Its main objective is to carefully track sales of items and offer short replenishment cycle times. In 1987, Seven Eleven Japan had offered three times daily store delivery of all rice dishes and twice a day for freshfood. Its distribution system was flexible enough to alter delivery schedules depending on customer demand. When a store placed an order, it was immediately transmitted to the supplier as well as the distribution center. The supplier received orders from all Seven Eleven stores and started production to fill the orders.The supplierthen sent the orders by truck to the distribution center. The key to store delivery was what Seven Eleven calledthe combined delivery system. At the distribution center, delivery of like products from different suppliers was directed into a single temperaturecontrolled truck. There were four categories of temperature-controlled trucks such as frozen foods, c hilled food,room temperature processed foods, and warm foods. The number of stores per truck depended on the sales volume.The system worked on trust and did not require the delivery person to be present when the storepersonnel scanned in the delivery; this helps to reduce the delivery time spent at each store. Based on theinformation, it shown that Seven Eleven has continuously improve its transportation and distribution system,since 1974, there were 70 vehicles visited each store every day but later on in 1994, there were only 11 vehiclesnecessary. This dramatically reduced delivery costs and enabled rapid delivery of a variety of fresh foods.In2004, Seven Eleven Japan had a total of 290 dedicated manufacturing plants throughout the country that only produced fast food for Seven Eleven stores. The items were distributed through 293 dedicated distributioncenters that ensure rapid and reliable delivery. None of there distribution centers carried any inventory, they merely transferred inventory from supplier trucks to Seven Eleven distribution trucks. Transfleet Ltd. , a company set up by Mitsui and Co. for exclusive use of Seven Eleven Japan, provided this transportation.For information infrastructure, Seven Eleven Japan attributed a significant part of its success to the TotalInformation System installed in every outlet network linking the head office, stores, and the Seven Elevendistribution centers. Until July 1991, only a traditional analog network linked these chains. Later on, anintegrated services digital network or ISDN was installed, linking more than 5,000 stores; it became one of the world ¶s largest ISDN system. This system enables Seven Eleven to collect, process, and feed back point of salesdata quickly. Sales data generated in each stores by 11. 0p. m. , was processed and ready for analysis the nextmorning. In 1997, Seven Eleven Japan was introduced its fifth generation of the Total Information System, which was stillin use in 2004, the hardwar e system included as the following; Graphic Order Terminal, this was a handleddevice with a wide-screen graphic display, use by the store owner or manager to place the order. Once all theorders were placed, the terminal was returned to its slot, at which point the orders were relayed by the storecomputer to both the appropriate vendor and the Seven Eleven distribution center.Scanned Terminal, thesescanners read bar codes and recorded inventory. They were used to receive product coming in from a distribution center. This was then automatically checked against a previously placed order and the two were reconciled. Thisscanner terminal was also used when examining inventory at stores. Store Computer, this linked to the ISDN network, the POS register, the graphic order terminal, and the scannerterminal. It communicated between the various input sources, tracked store inventory and sales, places orders,provided detailed analysis of POS data, and maintained and regulated store equipment.P OS register; this POSdata was automatically transmitted online to a host computer. All sales data collected by 11. 00p. m. was organizedand ready for analysis by the next morning. The data was evaluated on a company wide, district, and store basis. Due to Seven Eleven done in its choice of information infrastructure to develop capability that support its supply chain strategy, the information system allowed Seven Eleven store to better match supply with demand. Storestaff could adjust the merchandising mix on the shelves according to consumption patterns throughout the day.The identification of slow and non-moving items also allowed a store to convert shelf space to introduce new items. 4. SEVEN-ELEVEN DOES NOT ALLOW DIRECT STORE DELIVERY IN JAPAN, WITH ALLPRODUCTS FLOWING THROUGH ITS DISTRIBUTION CENTER. WHAT BENEFIT DOES SEVEN-ELEVEN DERIVE FROM THIS POLICY? WHEN IS DIRECT STORE DELIVERY MOREAPPROPRIATE? 4. 1 Direct store delivery (DSD) would lower the utilization of the outbound trucks from the Seven-ElevenDC. It would also increase the receiving costs at the stores because of the increased deliveries.Thus,Seven-Eleven forces all suppliers to come in through the DC. DSD is most appropriate when stores arelarge and nearly-full truck load quantities are coming from a supplier to a store. This was the case, for example, in large U. S. Home Depot stores. For smaller stores it is almost always beneficial to have anintermediate aggregation point to lower the cost of freight. In fact, Home Depot itself is setting up theseintermediate facilities for its new stores that are often smaller. 4. There has been useful advantage of Seven-Eleven upon CDC and DSD as the centers allow smoothing of distribution operation to the stores and the provision of better quality and better information on supply anddeliveries is available and there was control of the supply chain as achieved. The presence of technology like theadaptation of the POS system can possibly move ahead and do aid the store employment and managementsituation by freeing up staff time. Seven-Eleven U. S. has begun introduce the Combined Distribution Center daily delivery of fresh-prepared foodsaround 2000.By partnering with multiple food companies, the convenience retailer will be able to offer fresh-made-daily and delivered-fresh-daily pastries, gourmet sandwiches, wraps, entrees, as well as other perishableand ready-to-eat foods once a day. This was a challenge because the CDCs are operated by several different third-party partners, and Seven-Eleven felt it did not have effective metrics for comparing performance to a reliable benchmark. This was due to many factors, including different facility sizes, building layouts and the variety of products handled by each CDC. pros yAdded choices to customers in perishable consuming. Seven-Eleven can add other specialty items to its selectionsuch as fruit salads, seasonal whole and cut fruit, fresh-squeezed juices and produce from a farmer ¶s ma rket. Theconsumers can easily get the fresh perishable products near their house. y Daily delivery means just that Seven-Eleven stores can place orders to the CDC and get fresh product by sortingfor delivery to stores at every night y With the company ¶s proprietary retail information system, each store can customize its order to provide the exactitems the customers in their neighborhood want. Receiving fewer deliveries to your store during the day. In this advantages, the stores no need to waste the time tocheck through each delivery because all needed products will be set up and combined since the DistributionCenters. y Expedite business for local food companies, which can now make one delivery to a central location fordistribution to local stores. y Reduce the holding Inventory Cost. Stores can order just the amount they sell in a day or two, so they don ¶t haveproduct sitting around on the shelves.That means that they can guarantee the freshness in the perishableproducts at Seven-Eleven. y The staffs are able to consolidate work and spend more time with your customers, growing your business. As they will check the stock and place the order to the CDC and receive the product at night. y The suppliers can delivery in large amount with one full truck load as there has a store big enough to keep theproducts with the method to keep the product longer and still perish. C ons y Much lower density (hence longer distance) of U. S. Seven-Eleven stores.Deliver a few product everyday may using too much cost with the longer distance of each branch. Need to increase density, even though setting upown system only reduce problems by eliminating delivers y Increase transportation cost at stores because of increased delivers. As Distribution Centers need to deliver theproduct everyday with a few amounts in order to keep the freshness of the product. y Losing the economics of scale advantages, as Seven-Eleven need to order the product everyday in the feweramounts. y H ig h costs of keeping the products as some products need a specific temperature to keep them 5.WHAT DO YOU THINK ABOUT THE 7DREAM CONCEPT FOR SEVEN-ELEVEN JAPAN? FROM A SUPPLY CHAIN PERSPECTIVE, IS IT LIKELY TO BE MORE SUCCESSFUL IN JAPANOR THE UNITED STATES? WHY? 7dream makes sense given that Japanese customers are happy to receive their shipments at the localconvenience store. From a logistics perspective, online deliveries can piggy back on Seven-Eleven AaA? s existing distribution network in Japan. Deliveries from the online supplier can be broughtto the DC where they are sorted along with other deliveries destined for a store.This should increase theutilization of outbound transportation allowing Seven-Eleven to offer a lower cost alternative to having a package carrier deliver the product at home. The primary negatives are that 7dream will use up storagespace and require the store to be able to retrieve specific packages for customers. One can argue that the concept may be more s uccessful in Japan given the existing distribution network of Seven-Eleven and the frequency of visits by customers. Online delivery is able to link with the existingnetwork.The high visit frequency ensures that packages are not occupying valuable store shelf space for along time. Also, the frequent visits ensure that the marginal cost to the customer of picking up at aJapanese Seven-Eleven is small. This is less likely to be the case in the United States. 6. SEVEN-ELEVEN IS ATTEMPTING TO DUPLICATE THEIR SUCCESSFUL JAPANESE SUPPLYCHAIN STRUCTURE IN THE UNITED STATES WITH THE INTRODUCTION OF CDCS. WHATARE THE PROS AND CONS OF THIS APPROACH? KEEP IN MIND THAT STORES ARE ALSOREPLENISHED BY WHOLESALERS AND DSD BY MANUFACTURERS.The difficulty of duplicating the Japan supply chain structure in the United States follows primarily fromthe much lower density of U. S. Seven-Eleven stores. This is compounded by the fact that Seven-Elevenstores are getting both direct store deliveries as well a s wholesaler deliveries to its stores. Setting up itsown DCs does not allow Seven-Eleven to get the same level of transportation aggregation as it gets inJapan. Its own distribution system would help more if all wholesaler deliveries and direct store deliverieswere stopped and routed through the DC.Even then, having its own distribution system would add muchless value than in Japan given the lower density of stores and larger distance between stores. 7. THE UNITED STATES HAS FOOD SERVICE DISTRIBUTORS LIKE MCLANE THAT ALSOREPLENISH CONVENIENCE STORES. WHAT ARE THE PROS AND CONS TO HAVING ADISTRIBUTOR REPLENISH CONVENIENCE STORES VERSUS A COMPANY LIKE SEVEN-ELEVEN MANAGING ITS OWN DISTRIBUTION FUNCTION? One can contend that a distributor brings much more value to the table in the United States relative toJapan.Given the lower density of stores, a distributor is able to aggregate deliveries across manycompeting stores. This allows a distributor to reach levels of aggregation that canno t be achieved by asingle chain such as Seven-Eleven. The big disadvantage to having all deliveries done through a distributor is that Seven-Eleven is unable to exploit having a large number of stores. In fact, it may be argued thatgoing through the distributor has Seven-Eleven subsidize deliveries to competing smaller chains that mayalso be using the same distributor.

Essay about Kants Formalism Theory - 716 Words

Kants Formalism Theory The theories of Immanuel Kant, a German philosopher, have had an impact on the formulation and shaping of ethics today. Immanuel Kant graced this earth from 1724 to 1804. During his eighty year life time, he formulated many interesting ideas regarding ethical conduct and motivation. Kant is strictly a non-consequentialist philosopher, which means that he believes that a persons choices should have nothing to do with the desired outcome, but instead mankind simply goes about doing good because it is morally correct. Kant theorizes that moral reasoning is not based on factual knowledge and that reason by itself can reveal the basic principles of morality. Ideas contemplated and developed and theorized by†¦show more content†¦If you want to reach a specific goal, then you will accomplish these tasks. On the other hand, categorical laws apply to everyone. Regardless of goals or desired outcome, the categorical imperative commands unconditionally. (Sh aw, 67) Kant developed another idea which exemplifies that of the categorical imperative. The principle of universal acceptability states that as rational, moral beings, individuals are bound by logic and its demands. Because logic is consistent, individuals all live by the same moral law. in order to determine whether a rule is a moral law, we can thus ask if the rule commands would be acceptable to all rational beings acting rationally. (Shaw, 67) Kants view of universal acceptability appears to be intertwined with echoes of the golden rule. Another famous theory developed by Kant further explaining the categorical imperative is the idea of humanity as an end and never merely as a means. Individuals should never treat someone a special way in an effort to get gain. In other words, Kant developed the theory we hear in nursery school of, treat others as you would like to be treated. Logically, this theory states that rational beings recognize their worth and the worth of oth ers. 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Principles of Management - 1252 Words

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Sociological Imagination And How Events Affect A...

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Corporations Law of Saloman v Saloman & Co Ltd †MyAssignmenthelp.com

Question: Discuss about the Corporations Law of Saloman v Saloman Co Ltd. Answer: Introduction There are various forms of businesses which can be initiated in Australia, but amongst the most opted forms is the company. There are various characteristics of choosing a company form of business structure which includes perpetual succession, ability to raise funds from the public, separate legal entity and the different tax related benefits (Lipton, Herzberg Welsh, 2013). The key characteristics in this is the status of separate legal entity as a result of which the company is deemed as a separate artificial legal entity from the ones who run the business of the company. So, the company has separate rights, responsibilities and liabilities, for which the individuals running the company cannot be held responsible (French et al. 2016). Though, there are instances where this separate legal entity status is kept aside. Salomon v A Salomon And Co Ltd [1897] AC 22 saw the birth of this concept. In the Corporations Act, 2001 (Cth), which presides over the affairs of the company as a guid e and statutory act also covers the provisions where this separate legal entity status of the company is upheld (Cook et al. 2011). This discussion focuses on this very characteristic of the companies, particularly in the Australian context. Separate Legal Entity At the very start of this discussion, it had been stated that the company is deemed as a separate legal entity, where it is deemed as an artificial person and is separate from the ones who run its affairs. And this features leads to the company being chosen as the preferred business structure in not only Australia, but across the globe (Abbott, Pendlebury Wardman, 2007). This concept results in the company being treated as a different being in terms of law, particularly from its management and members. This is the reason why the names of the two companies cannot be similar, so as to avoid the liabilities of one being attracted to the others; and also so that the company can make a case against others by using its own name (Latimer, 2012). The company being an artificial person attains a perpetual existence, apart from being a different legal person. This means that upon the death of the management of the company, or its director, or even the entire population of the company, the company would still continue as it is a separate person in the eyes of law and continues to be in existence (Kerr, 2014). This does not mean that a company does not come to an end; it can be ended by winding up, court order or liquidation process (Hanrahan, Ramsay Stapledon, 2013). Again, the separate status of the company helps the shareholders in not being held liable for the debts of the company. And the shareholders can only be asked to contribute the amount which is unpaid on their shares, that too in the event of winding up. So, the person assets of the shareholders cannot be attached and continue to be safe from the debts of the company (Gibson Fraser, 2014). The House of Lords in Salomon v A Salomon And Co Ltd gave a landmark decision, which continues to shape the company form of business structure in every part of the world, due to the concept of separate legal entity given through it. In this matter, the company had been provided with a corporate personality and the court held that the creditors of this insolvent company did not have the right to initiate legal action against the companys shareholders and be successful in the same, with regards to the payment of outstanding debts against the company. This case saw Salomon incorporating a limited company which was formed after he transformed his personal business of shoe manufacturing into the business of this newly formed company. And this was done when the shares of the company were held by Salomon had held, along with the debentures which he got upon incorporating this company by transferring his former business (Kershaw, 2012). Once the company failed completely, an action was initiated by the companys liquidators whereby they stated that there was no need to honour the floating charges and also stated that there was a need to make Salomon personally liable for the undertaken debts of the company. When this allegation was made, Salomon sued the liquidator of the company. It was held by the court that the incorporation of the company had taken place as per thelaw and there was no need on part of the court to make speculations regarding the motives and the exorbitances regarding the incorporation of the company. Merely because a single person held the majority of the company, did not cancel out the fact that the company was not a separate person as per the law or that it was not different from the people directing the mind and will of the company. This led to the company stating that only in an extraordinary case could the corporate veil of the company and if that is not established, the company would continu e to enjoy its separate legal entity status (Swarb, 2017). There have been numerous cases where this characteristic of the company has been upheld by the courts (Butt Hamer, 2011). For instance, in the case of Lee v Lee's Air Farming [1961] AC 12 the Privy Council provided that the company had to be deemed as a separate legal entity in this case, which meant that the shareholders or the directors who entered into the contract for the company has to be considered as the employee of such a company. In this case, the entire issued capital was held by Lee, save for a single share which was held by the solicitor of Lee. So, effectively the control and the affairs of the company were in hands of Lee. While he was undergoing a particular task for the company, he was killed which led to his widow making a claim for the worker compensation deeming Lee as a worker of the company. Though, the court rejected these claims of the widow and stated that even though the effective control of the company was in hands of Lee, he could not be considered as an e mployee of the company. From this decision, Lees widow made an appeal in Privy Council where the decision was given in favour of the widow (Bourne, 2016). Under the Corporations Act, 2001, this separate legal entity status can be found in different sections (Hall Macken, 2012). Section 119 of this act provides that when the company gets registered as a body corporate, it comes into existence. And once the company is formed, it is to be considered as a separate person carrying on its operations and undertaking different contractual obligations and related work (Federal Register of Legislation, 2017). Under section 198A(1) of the Corporations Act, the business of the company is required to be managed based on the directions which are given by the directors. Subsection (2) of this section provides that the directors can exercise the powers which are related to the company (WIPO, 2015). So, the directors have been given to run the affairs of the company on behalf of the different stakeholders, instead of running it as their personal business. So, even though the affairs of the company are operated on the basis of the mind and will of the top management, but these have to be undertaken on the basis of the companys objectives only (Cassidy, 2006). It has already been stated that the Australian companies are embedded with the separate legal entity status, as is the case with the companies across the globe, but this concept has seen a lot of changes and has grown since Salomon v A Salomon And Co Ltd. A particular reference here has to be made to the task of identifying the place where the companys affairs as being undertaken or were undertaken in a manner which would require the court to uphold the separate legal entity status of the company or to go ahead with the piercing of the corporate veil of such company. Piercing the corporate veil refers to setting aside the separate legal entity status of the company and holding the people who are running affairs of the company, liable for the acts undertaken by them (Bonomelli, 2014). For instance, Pioneer Concrete Services Ltd v Yelnah Pty Ltd (1986) 5 NSWLR 254 saw the courts giving the order to set aside the separate legal entity status held by the company and to pierce the corpora te veil to deduce the legal personality of the controllers who actually were responsible (Ramsay Noakes, 2001). With the passage of time and the growing number of cases in this regard, certain individuals have identified the manner in which they could manipulate the separate legal entity status of the company and avoid the corporate veil of the company from being pierced. Such manipulation of the cunning minds makes it obligatory to use this concept in an effective manner, so that it does not become a costly affair for the companys diverse stakeholder groups. The misuse of this concept can also be denoted by the different case laws which highlights the use of this characteristic in an unfair manner. This is with particular reference to all the cases revolving around the James Hardie scandal. To quote just two cases of this scandal would include the cases of Peter James Shafron v Australian Securities and Investments Commission (2012) HCA 18; 286 ALR 612 and ASIC v Macdonald (No. 11) [2009] NSWSC 287 (Norton Rose Fulbright, 2012). The cases associated with this scandal saw the company secretary, general counsel, directors and the other key members of the management, including the officers of the company, being penalized and disqualification orders being passed for different number of years. Even though a number of people were punished in this scandal, it does show that magnitude and the time period of this scandal, along with the time which is spent in bringing the wrongdoer to face the consequences of their actions. Hence, for the future, the law has to be moulded in a manner that the people avoid the misuse of the separate legal status of the company to do their own wrong work, if not fear the same. In this regard, there is a need to take the relevant steps, which could be in form of increasing the maximum penalties which can be imposed on such breaching parties and misusing parties, which would make the prospective of punishment such a costly affair that it would effectively outweigh the possible benefits from misusing the separate legal entity status. There is a need to include the provisions of making it a criminal liability where such a case is established against the directors and also to decrease the time duration which takes in brining the responsible parties liable. But, this does not mean that there is a need to abolish the separate legal entity status of the company as it is a crucial feature for the companies, without which the companies would lose their sheen. Conclusion From the discussion carried on in the previous segments, it becomes clear that the company form of business structure has a separate legal entity status whereby the company is deemed as a separate entity from the top management which runs its affairs. This principle was born through the case of Salomon v A Salomon And Co Ltd where the court held that only in extraordinary cases could the corporate veil of the company be pierced. And for this, there have to be compelling reasons before the court. The Corporations Act also covers the provisions where the companies are given a separate status in the nation. The concept of separate legal entity has evolved since it had been created. And with time, its misuse is being increased, which makes it necessary to bring safeguards against its misuse. But, this does not in any sense means, that there is a need to eradicate this feature of the companies, as without which a company cannot be deemed as a company. References Abbott, K., Pendlebury, N., Wardman, K. (2007).Business Law (8th ed.). London: Thomson. Austin, I.M., Ford, R.P. (2012). Fordsprinciples of corporations law (15th ed.). Chatswood, NSW: LexisNexis. Bonomelli, M. (2014) Wholly-owned subsidiaries: same same but different. Retrieved from: https://www.lexology.com/library/detail.aspx?g=90cc6c72-de1a-4ba7-91d0-7cd7a798c5ed Bourne, N. (2012). Bourne on Company Law (7th ed.). Oxon: Routledge. Butt, P., Hamer, D., (2011). LexisNexis concise Australian legal dictionary (4th ed.). Chatswood, NSW: LexisNexis. Cassidy, J. (2006). Concise Corporations Law (5th ed.). NSW: The Federation Press. Cook, C., Creyke, R., Pryor, G., Geddes, R., Taylor, T., Hamer, D. (2011). Laying down the law (8th ed.). Chatswood, NSW: LexisNexis. Federal Register of Legislation. (2017). Corporations Act 2001. Retrieved from: https://www.legislation.gov.au/Details/C2013C00605 French, D., Mayson, S., Ryan, C. (2014). Mayson, French Ryan on Company Law (31st ed.). Oxford: Oxford University Press. Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Hall, K., Macken, C. (2012). LexisNexis guide series: legislation and statutory interpretation. (3rd ed.). Chatswood, NSW: LexisNexis. Hanrahan, P., Ramsay, I., Stapledon, G. (2013). Commercial applications of company law 2013 (14th ed.). Sydney, NSW: CCH Australia. Kerr, D. (2014). Hiding Behind Subsidiaries: Holding Parents Liable. Retrieved from: https://www.gulawreview.org/entries/commercial/hiding-behind-subsidiaries-holding-parents-liable Kershaw, D. (2012). Company Law in Context: Text and Materials (2nd ed.). Oxford: Oxford University Press. Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Lipton, P., Herzberg, A., Welsh, M. (2013). Understanding Company Law (17th ed.). Australia: Thomson Law Book Co. Norton Rose Fulbright. (2012). The James Hardie Decisions: Australian Securities Investments Commission v Hellicar Ors [2012] HCA17; Shafron v Australian Securities Investments Commission [2012] HCA 18. Retrieved from: https://www.nortonrosefulbright.com/knowledge/publications/66582/the-james-hardie-decisions-australian-securities-investments-commission-v-hellicar-ors-hca17-shaf Ramsay, I.M., Noakes, D.B. (2001). Piercing the Corporate Veil in Australia. Company and Securities Law Journal, 19, 250-271. Swarb. (2017). Salomon v A Salomon and Company Ltd: HL 16 Nov 1896. Retrieved from: https://swarb.co.uk/salomon-v-a-salomon-and-company-ltd-hl-16-nov-1896/ WIPO. (2015). Corporations Act 2001. Retrieved from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817