Criticisms of Poetry in Platos Republic - Literature Essay Samples

After much deliberation and many intense arguments, Socrates finally reaches a definition for justice and claims that leading a just life is worthwhile both for its consequences and for its own sake. Although these conclusions summarize the main dispute of the Republic, Socrates ventures on to clarify his reasoning for prohibiting poets in the ideal city. Socrates resolution to forbid poetry may be viewed as extremely harsh at first, especially considering the current concerns people have with censorship. With a close analysis and better understanding of the dialogues, Socrates rationale for his judgment becomes much clearer and assists in demonstrating the negative effects poetry would have on the ideal city. In Platos Republic, Socrates ability to maintain control of the ideal city is upheld by the banishment of poetry and is essential to the protection and survival of the city. One of the key motives for Socrates outlawing of poetry can be observed in his notion that the soul is depraved and distorted by poets. Socrates reveals that the best element of the soul is the one that puts its trust in measurement and calculation (Republic 603a). This statement refers to the discussion between Socrates and Glaucon about how things appear versus how they truly are based on measurements and calculations. For example, an object can appear big because it is in close range, but when seen from a distance it can appear very small (Republic 602c). The only way to tell the true size of the object is to measure it and make calculations; it is not possible to accurately determine size through imitation. Therefore, when Socrates claims the one that opposes it would be one of the inferior parts in us (Republic 603a) he is referring to the people who oppose the idea of using calculations to draw conclusions and dubs them inferior. By accepting imitations as actualities, people are moved further and further away from the truth and are consequently altered from rational souls to irrational souls. The impressionable, appetitive, irrational soul is easily swayed by the arts; this is imperative to understand for the complete comprehension of Socrates ideas. Poetry and the arts in general were not created for sheer entertainment purposes, although that is the popular belief. According to Socrates, the arts appeal to our deepest feelings and innermost passions, even though most of the time we do not even realize we are being influenced by them. Poetry deceives most people because we do not believe we are affected by it, and are not compelled to feel what the fictional characters are feeling. In actuality, poetry allows us to live vicariously through these characters and behave in ways that are considered shameful. We are too joyous and extremely envious; we mourn excessively and we rage with anger, yet we would not want to behave in such shameful ways in real life. Although we do not want to display these embellished behaviors, we live with the m everyday whether we know it or not. Socrates states that We suffer along with the hero and take his sufferings seriously. And we praise the one who affects us most in this way as a good poet (Republic 605d). Here, Socrates admits that at times we give in to the arts because of our appreciation for them, although we do not think it is acceptable to behave in such ways in our daily lives. He asserts that everything we see and read in the arts will eventually become subconsciously embedded in our minds and will cause us to act in a certain way, almost as if we have switched places with the fictional characters and have become the performers ourselves. Socrates recognizes the strong negative influence poetry has on the irrational soul and human behavior; he prohibits the arts in order to maintain control of his city. Socrates demonstrates how the poet corrupts this good part of the soul by averting people from reality and moving their thoughts and actions towards idealism. Socr ates compares a poet who destroys the rational soul by increasing the strength of the irrational soul to someone who can take over and ruin a city by making evil people strong (Republic 605b). He goes on to say that each individual has a tainted soul because imitative poets create images that are not realistic and are secluded from the truth (Republic, 605b). In summary, Socrates equates the soul and the city, stating that the destruction of the soul will be followed by the demise of the ideal city due to the arts. If the poets are successful in persuading people to embrace and observe their irrational, emotional, and impulsive side, the ideal city will surely collapse. The abovementioned irrational feelings that all of humanity will intrinsically feel at some point in time are brought to the surface by the arts, and jeopardize the survival of the ideal city. Socrates explains these desires as the appetitive soul, which prioritizes instant gratification. When Socrates addresse s the appetite of the human race, he says, It nurtures and waters them when they should be dried up, and establishes them as rulers in us when if we are to become better and happier rather than worse and more wretched they should be ruled (Republic 606d). Here, Socrates is conveying the idea that the arts manipulate people into having sexual desire, anger, pain, and pleasure. Socrates claims that we are all ruled internally by these feelings due to the extreme influential power of poetic imitation. He suggests that instead of tending to these deep, internal desires, we should conquer them in order to live better lives. This passage is of paramount importance because it clearly expresses how deeply influential the arts are. Socrates must ban poetry from his ideal city because the human appetite is too weak to overcome the temptations of personal desires. If the arts are in control of the individual, bringing to the forefront the irrational soul that separates us from reason, So crates city will indisputably fail. Socrates theory on educating the guardians is quite interesting considering the fact that he acknowledges the need for the study of the arts as well as physical training to compliment his city. Although earlier in Book III Socrates underscores the significance of music during the education of the guardians, he also conveys his deep concern for the powerful influence music will have. Socrates acknowledgement of the need for music can be observed when he says it is in musical training that the guardhouse of our guardians must surely be built (Republic 424d). Here, Socrates recognizes how necessary the arts are for the ideal city and seems to be going against his own proposal that poetry is dangerous. In contrast to his own declaration, Socrates claims, there must be no innovation in musical or physical training that goes against the established order (Republic 424b). In this assertion, Socrates attempts to describe the importance of forbidding musical training from exceeding the laws that he so skillfully enacted to create the ideal city. Adeimantus then discusses the concept of the infiltration of music into society through peoples routines and daily practices, which could eventually work its way up to the law, resulting in the total destruction of the city (Republic 424d). The severe censorship of the arts that Socrates suggests is necessary to defend the ideal city from a potential overthrow. Socrates banishment of poetry from the ideal city at the beginning of Book X may come as a shock to some readers. In 21st-century America, we live in a world where freedom is of the greatest value and censorship is frowned upon. However, a careful analysis of Socrates reasoning reveals that he wishes to ban poetry from the city because it is created and driven by images as opposed to rational ideas. Images are three times removed from the truth, leaving poetry at the lowest level of the self; the imitative part, which Socr ates believes will corrupt the soul and the ideal city as well. Interestingly enough, Socrates does not ban all forms of poetry from the city; he allows eulogies to good people and hymns to the Gods to remain. In fact, Socrates claims to be well versed in and appreciative of the arts and invites any lover of poetry to argue on its behalf (Republic 607e). Despite Socrates apparent leniency in this regard, he stands firm in his belief that poetry must be prohibited. In order to understand Socrates criticisms of poetry it helps to consider todays media: television and ads shape our lives, determining what we wear, how we feel about ourselves, what we eat, where we shop, and essentially our outlook on life. Whether we know it or not, for many people what they see on television are the most real things in their lives, which is exactly what Socrates was afraid of: people straying from the truth by trusting in images as opposed to rational ideas. Socrates decision to ban poetry may s eem like a harsh and tyrannical act, but it is the only way to maintain control and support the survival of the ideal city.

How to deal with criticism at work Hult Blog

This article was written by  Roger Delves, Dean of Qualifications and Head of the People and Leadership faculty at Ashridge Executive Education and Sona Sherratt, an faculty member at Ashridge Executive Education,  and was originally published on May 29, 2015 on  www.ashridge.org.uk/insights While it can be very easy to give feedback, the vast majority of us are less comfortable with receiving it, especially when it comes in the form of criticism about our work. Given that most of us are likely to have a conversation about where we are going wrong at least once in our working lives, it can be productive to try and view these conversations as learning opportunities rather than hurdles. So how can we get better at turning uncomfortable feedback to our advantage? Take note of delivery and timing In some companies feedback is a prevalent part of the culture while in others, it is given once a year (if that) during performance reviews. The timing of feedback can be turned to your advantage if you are able to influence this. Giving you feedback weeks after the event will not serve you or the feedback provider very well; as the impact and relevance are often long gone. It can be difficult for managers with very busy diaries to make time for regular feedback with their reports, so think about ways you can work together to create an ongoing space for this dialogue. If this is done well, it can be a powerful tool for your personal development while contributing to a high performance and positive culture. If you find yourself in a formal review situation, you have the chance to move the discussion in a direction that will help you to understand the issue and address it. Make the natural pauses in conversation work for you by asking questions that clarify the feedback further. This should add structure to the conversation and help you retain useful comments more easily. Off-the-cuff feedback can be harder to respond to, but consider why your manager or colleague has chosen to approach you in this way. Perhaps the feedback is less serious, or maybe they are trying to be discreet. What does the way they handle the situation say about their relationship with you? It is likely that some thought has been given to the  discussion, so use this opening to assess your strengths and weaknesses through their eyes. Turn negatives into positives When it comes to receiving feedback, the way you respond in the moment will influence your colleagues’ impression of you, and will continue to influence their perception of your work. While those offering advice or feedback should always be aware of how their delivery will cause you to react, there will be times when they misjudge. It may be difficult to see value in feedback that upsets or frustrates you, but listening actively and reflecting with an open mind should help you to come away with a better understanding of the problem. Try to maintain objectivity and see the opportunities for positive change. Receiving criticism well is different to agreeing with it, and showing that you can take feedback well not only helps to diffuse any awkwardness, but ensures that your colleague is more likely to be honest with you in future. Understand the consequences of the feedback If your credibility is already established within your organisation and this feedback simply points out ways to improve even further, then it may help to reflect at leisure on what is being suggested. If, however, the feedback is pointing out something fundamental with long term relevance, then however much you might want to resist what you are hearing, you need to consider immediately and very carefully what your next steps will be. It may help to gauge the opinion of a trusted mentor or close colleague. If the long term ramifications of this feedback represent a significant barrier to your career or progression within the organisation, you should take this feedback as a helpful stimulus to serious reflection on what you do and how you do it. Feedback is as much about the giver as it is about the receiver. If you receive feedback which makes you uneasy it’s always worth validating it by discussing it with someone who knows you and the situation well, and who has your respect. With the right questions asked, and the right amount of reflection, it is possible to maximise your learning and come away with a better understanding of yourself and your work life. Roger Delves is Dean of Qualifications and Head of the People and Leadership faculty at Ashridge Executive Education. He has been Professor of Leadership and Teams at Hult International Business Schools London campus since 2009. In 2013 he was voted MBA Professor of the Year by Hult students. His special interests are understanding the roles of authenticity, emotional intelligence, ethics and integrity in leadership, and the development of ethical decision making methodologies. Sona Sherratt is a faculty member at Ashridge Executive Education where she designs, teaches and client directs on several executive education programmes with clients such as SAB Miller, Avis, Renew and Continental. Sona has designed and delivered senior leadership and general management programmes for clients around the world. Her interests are predominantly in leadership, change management, influencing, motivation and long-term sustained learning. She facilitates learning support groups, action learning sets and provides executive coaching to help improve individual performance. Grow your leadership capabilities with an MBA in international business at Hult. To learn more, take a look at our blog Infographic: Why business schools need to go beyond business, or give your career a boost with our Masters in International Business. Download a brochure or get in touch today to find out how Hult can help you to learn about the business world, the future, and yourself. Related posts Academics Beyond (narrow) business concepts: â€Å"Soft† skills turn out to be critical skills News Building success: Dual Degree students win at USASBE Community How going beyond business at Hult helped me launch my company Admissions Accepted Students Weekend: A weekend to remember Careers Career mapping: How to become an executive in the next 5 years 0 Thought leadership How to prepare for an uncertain future in a world of AI Instagram Hult Rotation offers you a chance to study in a truly global way. Our rotation program allows you to study and be immersed in some of the finest cities in the world. 📠¸: @jasminmanzano . Hult Rotation offers you a chance to study in a truly global way. Our rotation program allows you to study and be immersed in some of the finest cities in the world. 📠¸: @jasminmanzano . Each year, Hult seeks to enroll a talented and ambitious incoming class from all over the world. We look for diverse students with a wide range of experiences, perspectives, and interests—students who will thrive in our unique educational atmosphere. Are you ready for a truly global experience? 📠¸: @iambrunadiniz . Each year, Hult seeks to enroll a talented and ambitious incoming class from all over the world. We look for diverse students with a wide range of experiences, perspectives, and interests—students who will thrive in our unique educational atmosphere. Are you ready for a truly global experience? 📠¸: @iambrunadiniz . We’re excited to start 2020 on a ranking high! Hult is proud to have been placed #28 in Poets Quants 2020 rankings for Best Undergraduate Business Schools in the US. Taking a huge leap of 32 places from our 2019 position, we’re also very happy to have secured top positions in key categories like: life-changing experience, practicality of the degree, and global immersion. . With five global campuses, a student body of over 130 nationalities, and a learn-by-doing approach—Hult offers a student experience like no other. . We’re excited to start 2020 on a ranking high! Hult is proud to have been placed #28 in Poets Quants 2020 rankings for Best Undergraduate Business Schools in the US. Taking a huge leap of 32 places from our 2019 position, we’re also very happy to have secured top positions in key categories like: life-changing experience, practicality of the degree, and global immersion. . With five global campuses, a student body of over 130 nationalities, and a learn-by-doing approach—Hult offers a student experience like no other. . â€Å"I’m from an engineering background and needed a whole new skill set for the industry I wanted to switch to. I learned a lot about myself and how I deal with being out of my comfort zone. I learned both soft and hard skills, from how to work in very diverse teams to key accounting metrics and strategy. I was surprised by how weak I was at certain tasks in English or how strong I actually was in other areas. Hult gave me opportunities to try new things and meet people from places I never thought I would have friends. . My internship experiences gave me the chance to broaden my view of different cultures and different companies. I had the opportunity to work and live with people whose values differed from people in my home country. I thought that this would be difficult, but it gave me the chance to reflect on my own values and assess if they were a result of my home country environment or if they were intrinsically mine. . Diederick ter Kulve (@diederick.terkulve) Netherlands Masters in International Business . â€Å"I’m from an engineering background and needed a whole new skill set for the industry I wanted to switch to. I learned a lot about myself and how I deal with being out of my comfort zone. I learned both soft and hard skills, from how to work in very diverse teams to key accounting metrics and strategy. I was surprised by how weak I was at certain tasks in English or how strong I actually was in other areas. Hult gave me opportunities to try new things and meet people from places I never thought I would have friends. . My internship experiences gave me the chance to broaden my view of different cultures and different companies. I had the opportunity to work and live with people whose values differed from people in my home country. I thought that this would be difficult, but it gave me the chance to reflect on my own values and assess if they were a result of my home country environment or if they were intrinsically mine. . Diederick ter Kulve (@diederick.terkulve) Netherlands Masters in International Business . Say a big hello to our Bachelor of Business Administration program cover star, Elisa Orus Plana âÅ" ¨ . â€Å"I’m excited for the future—especially that I cant predict whats going to happen. Maybe Ill end up in Mexico working for a trading company or maybe in Africa, developing my own business. Everything is possible, and the options are constantly changing. I love the idea that Im never going to be stuck doing the same job until the end of my life if I dont want it to be like this. . Hult really supports me and my ambitions and truly believes that we deserve to be considered as professionals as well as students. Here, I get to express not just my opinions but all elements of myself. From my creative side with the Fashion Society to my finance and business sides in Trading Club and the Management Consulting Club. We get a different type of learning here. Not just essential knowledge and theory, but practical skills and mindset. The school is always evolving. We’re encouraged to innovate and to always look for new ways of doing traditional things. We learn how to be more confident and become aware of how we can impact our environment. The school aims to help you become a better version of yourself and to stand out from the crowd.â€Å" . Elisa Orus Plana French Bachelor of Business Administration Class of 2021 Say a big hello to our Bachelor of Business Administration program cover star, Elisa Orus Plana âÅ" ¨ . â€Å"I’m excited for the future—especially that I cant predict whats going to happen. Maybe Ill end up in Mexico working for a trading company or maybe in Africa, developing my own business. Everything is possible, and the options are constantly changing. I love the idea that Im never going to be stuck doing the same job until the end of my life if I dont want it to be like this. . Hult really supports me and my ambitions and truly believes that we deserve to be considered as professionals as well as students. Here, I get to express not just my opinions but all elements of myself. From my creative side with the Fashion Society to my finance and business sides in Trading Club and the Management Consulting Club. We get a different type of learning here. Not just essential knowledge and theory, but practical skills and mindset. The school is always evolving. We’re encouraged to innovate and to always look for new ways of doing traditional things. We learn how to be more confident and become aware of how we can impact our environment. The school aims to help you become a better version of yourself and to stand out from the crowd.â€Å" . Elisa Orus Plana French Bachelor of Business Administration Class of 2021"> During the final days of 2019, you probably reflected on what you’ve accomplished this year—and even this decade—and what you’d like to achieve in 2020. Let us know in the comments below. During the final days of 2019, you probably reflected on what you’ve accomplished this year—and even this decade—and what you’d like to achieve in 2020. Let us know in the comments below. â€Å"The first time we did group work on the program, I went head-to-head with a colleague. It taught me a lot about how I see people, how people see me, and how conflict can be resolved in a kind and productive way. The best feedback you get, when delivered constructively, is the most critical because it really feeds into how you lead. I’ve completely reversed my leadership style—the result is so much richer and more powerful when you lead from behind and lead with strength. . Studying in tandem with working, whilst challenging, gave me the perfect platform to directly apply learning concepts into my business environment, the competitive landscape, and the real-estate industry as a whole. When I started the program, I was very happy in my corporate role. But my courage and aspirations grew to the point that I took on a whole new direction. Having my career coach, Joanna, as a sounding board allowed me to really be strategic and get to know myself. She coached me thro ugh all the interviews, the research, and the questions. It went in parallel with what I was doing academically and after six months everything just clicked. . I went into the EMBA knowing I had nothing to lose and I’ve come out with everything. Great strength, global friends, amazing learning, mentors from professors, a job I love, and the knowledge that I can set my mind to achieve anything and with the right support and resources I’ll get there.† . Kashani Wijetunga British, New Zealand Sri Lankan Associate Director Senior Strategy Consultant CBRE EMBA Class of 2019 . â€Å"The first time we did group work on the program, I went head-to-head with a colleague. It taught me a lot about how I see people, how people see me, and how conflict can be resolved in a kind and productive way. The best feedback you get, when delivered constructively, is the most critical because it really feeds into how you lead. I’ve completely reversed my leadership style—the result is so much richer and more powerful when you lead from behind and lead with strength. . Studying in tandem with working, whilst challenging, gave me the perfect platform to directly apply learning concepts into my business environment, the competitive landscape, and the real-estate industry as a whole. When I started the program, I was very happy in my corporate role. But my courage and aspirations grew to the point that I took on a whole new direction. Having my career coach, Joanna, as a sounding board allowed me to really be strategic and get to know myself. She coached me thro ugh all the interviews, the research, and the questions. It went in parallel with what I was doing academically and after six months everything just clicked. . I went into the EMBA knowing I had nothing to lose and I’ve come out with everything. Great strength, global friends, amazing learning, mentors from professors, a job I love, and the knowledge that I can set my mind to achieve anything and with the right support and resources I’ll get there.† . Kashani Wijetunga British, New Zealand Sri Lankan Associate Director Senior Strategy Consultant CBRE EMBA Class of 2019 . â€Å"It was now or never. I knew that I’d have likely stayed in my neighborhood for years to come if I didn’t take this opportunity. I’d not lived or studied outside of the U.S. before. So I left my job as a global strategist at an advertising agency and moved halfway around the world. I’ve come back a more culturally aware, well-versed person. I’ve realized that everything is a learning experience and an opportunity for growth. Ill definitely carry this mindset with me into the future. Technology and social media allow us to be different people in several places at once. Im excited to see how I can establish myself in whatever city Ill be lucky enough to call home and still maintain deep connections with people all over the world. I’m inspired by my classmates every day. Hearing some of their life stories and how getting this degree fits into their greater mission has been very humbling. My biggest challenge has been finding the ‘right’ path for me. There have been rooms Ive felt like I shouldnt be in, but now Im proud to feel as though I truly belong, wherever I am.† . Dwayne Logan, Jnr. American MBA Class of 2019 . â€Å"It was now or never. I knew that I’d have likely stayed in my neighborhood for years to come if I didn’t take this opportunity. I’d not lived or studied outside of the U.S. before. So I left my job as a global strategist at an advertising agency and moved halfway around the world. I’ve come back a more culturally aware, well-versed person. I’ve realized that everything is a learning experience and an opportunity for growth. Ill definitely carry this mindset with me into the future. Technology and social media allow us to be different people in several places at once. Im excited to see how I can establish myself in whatever city Ill be lucky enough to call home and still maintain deep connections with people all over the world. I’m inspired by my classmates every day. Hearing some of their life stories and how getting this degree fits into their greater mission has been very humbling. My biggest challenge has been finding the ‘right’ path for me. There have been rooms Ive felt like I shouldnt be in, but now Im proud to feel as though I truly belong, wherever I am.† . Dwayne Logan, Jnr. American MBA Class of 2019 . Happy New Year, Hultians! . Happy New Year, Hultians! .

Legal and Ethical Environment - Free Essay Example

Sample details Pages: 4 Words: 1231 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? Archer Daniels Midland Company Price-Fixing Legal and Ethical Environment of Management Decisions Table of Contents Company Background Corporate Culture Structure Facts in the Case Legal Concerns Aftermath Conclusion Bibliography Company Background is one of the largest agribusiness company not only in the United States but also in the whole world. Archer Daniels Midland Company firstly was founded as Archer-Daniels Linseed Company in 1902 by George A. Archer and John W. Daniels, and later on was formed into the Archer-Daniels-Midland Company after it was acquired by Midland Linseed Products Company in 1923 (History). ADM Co. was not significant before infamous Dwayne Andreas appointed as the chairman and CEO for the company in 1970. Dwayne Andreas spread ADM to oversees to new international markets which gave ADM opportunity to expanded their product portfolio and reduce their costs. Aggressive growth strategy favored ADM by increasing its sales to a high record from $320 million to $13.3 billion as well as increased ADM market value from $78 million to $11.8 billion (Staff, 1996). In 1995, ADM Co. accused of price-fixing over lysine and sentenced to pay a $100 million which changed the company history dramatically. Today AD M is still doing operations on agribusiness: milling, processing, specialty feed ingredients, specialty food ingredients, cocoa, nutrition and more in worldwide 256 locations (History). Don’t waste time! Our writers will create an original "Legal and Ethical Environment" essay for you Create order Corporate Culture Structure With Dwayne Andreas becoming the chairman and CEO, ADMà ¢Ã¢â€š ¬Ã¢â€ž ¢s revenues and profits rocketed sky which made investors and shareholder extremely happy and satisfied. Shareholders believed in Mr. Andreas blindly and never bother to questions his actions. Mr. Andreas had an immense power and control over the board of directors and shareholders. In one of the board meeting, Mr. Andreas even exploded over shareholders to enforce his dominance to run ADM by his rules. Mr. Andreas behaviors show that ADM was ruled under theocratic hegemony system where he sees himself as the God of the company and rule in every division. Moreover, Dwayne Andreas build a system in the company that he had high secrecy of his deals, disclosed and shared limited information with ADM investors. Additionally, there was a majority presence of Andreas family in ADM board of directors which explains why ADM board members were ineffective to question Mr. Andreas. On the other hand, it was not easy for fa mily members to earn their places in the management. Dwayne Andreas pushed his son Michael Andreas to his limits and basically Mike Andreas had to work his way up to the top. Lastly, Dwayne Andreas had many politically powerful friends such as Mikhail Gorbachev (the seventh and last undisputed leader of the Soviet Union) and Bob Dole (Kansas State Senator from 1969 to 1995) which gave him reference, reputation and confidence to his international expansion campaign. Facts in the Case On October 15, ADM pleaded guilty over price-fixing charges and agreed to pay $100 million. Moreover, ADM agreed to help government to build a case against specific ADM executives such as Dwayne Andreasà ¢Ã¢â€š ¬Ã¢â€ž ¢ son Michael D. Andreas. Mark Whitacre, ADM executive, helped government by taping executive-room conversations specifically price-fixing related conversations to provide evidence for the lawsuit. Mr. Whitacre was a key player in this case and helped government to file the biggest international cartel case for the history. Ironically, ADM fired Mr. Whitacre on August 1995; accused of peculating ADM funds over $9 million while gathering price-fixing information for the government (Staff, 1996). ADM and four other Asian organizations, two from Japan and two from South Korea, accepted the charges for price-fixing. Scott R. Lassar, a highly reputable attorney from Chicago, was appointed as the U.S. attorney to prosecute Terrance S. Wilson, former vice president, a nd Dwayne Andreas. On the other hand, Mr. Wilson and Mr. Andreas were represented by two famous white collar lawyers. Mr. Lassar was successfully enforced some Asian executives to testify against Mr. Wilson and Mr. Andreas as well as he convinced Barrie R. Cox, president of ADM food-additives division, to give testimony about Mr. Wilsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s price-fixing actions for citric acid, a commodity other than lysine. Legal Concerns Section 1 of the Sherman Act: à ¢Ã¢â€š ¬Ã…“[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegalà ¢Ã¢â€š ¬Ã‚  (Bagley Savage, 2010, p. 644). ADM and four other Asian companies violated Sherman Act Section 1 directly by forming a trust and enforce lysine prices to increase and gain unjustified benefits by dominating the market. ADMà ¢Ã¢â€š ¬Ã¢â€ž ¢s lysine price-fixing is an example of a à ¢Ã¢â€š ¬Ã…“horizontal price-fixingà ¢Ã¢â€š ¬Ã‚  which different retailers form a pact and manipulate a productà ¢Ã¢â€š ¬Ã¢â€ž ¢s price (Bagley Savage, 2010, p. 649). Aftermath ADM had to pay $70 million fine for lysine and $30 million for citric acid price-fixing penalty, totaled $100 million in 1996. This was recorded as the largest antitrust fine in this U.S. history that should signal organization as a good lesson. Additionally, Coca-Cola Co., PepsiCo Inc. and other ADM customers filed lawsuits separately and they won in 2004 which made Archer Daniels Midland Co. penalized to pay another $400 million in total (Manor, 2004). Internally, ADM board of directors approved new governance policies after Dwayne Andreas accepted the price-fixing. Moreover, activist shareholders were not happy with their board of directors at that time and reduced member number from 17 to 12 and discharged board members who were also in management. Later on, Mr. Andreas left his executive VP position, but surprisingly still worked as a consultant for the company. Interestingly, in 1995, U.S. Justice Department revised its International Guidelines for antitrust laws. With the renewed guidelines, U.S. had enforced its antitrust laws to reach extraterritorial regions. Conclusion There are two side of this case. On one hand, there are organizations have responsibilities to their owners and shareholders and also to stakeholders. Profit companiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ common goal is to provide cash in return of investorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ money, and that makes greedy executives to go wild and aim illegal actions. Ideally, shareholders elect board of directors to prevent executivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ such actions to break the law. However, it is observed in ADM case that an executive, who provides stable cash return, can take over control and have power over board of directors and even over shareholders. Who has the blame here? On the other hand, government has a responsibility to prevent illegal actions. Unfortunately, history proves that the law is not perfect and it has to be revised and renewed constantly. Right now, U.S. justice department have multiple sections in its antitrust law. Sherman Act section 1 is against on trusts have more than one companies an d can be done horizontal price-fixing or vertical price-fixing, section 2 prevents monopolies to have market power and price dominancy, and so on. In short, these antitrust laws are in place; however, just the law itself is not enough to spot these price-fixing operations. Unfortunately, the system requires an informant or a whistleblower to alert the government officials or even to collect the evidence internally to have enough proof to prosecute the responsible people. Bibliography Bagley, C. E., Savage, D. W. (2010). Managers and the Legal Environment (6 ed.). Mason, OH: South-Western Cengage Learning. History. (n.d.). Retrieved May 6, 2014, from Archer Daniels Midland Company: https://www.adm.com/en-US/company/history/Pages/default.aspx Kilman, S. (1998, February 9). In Archer-Daniels Saga, Now the Executives Face Trial. Wall Street Journal. Manor, R. (2004, June 19). ADM settles price-fixing charges for $400 million. Retrieved May 6, 2014, from chicagotribune.com: https://articles.chicagotribune.com/2004-06-19/business/0406190182_1_lysine-and-citric-acid-mark-whitacre-corn-syrup Staff. (1996, November 18). It Isnt Dwaynes World Anymore. Business Week, 82-83. 1 | Page

Racism and Desmond Mpilo Tutu - 1077 Words

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Proposal Tax Policy For A New Er Promoting Economic Growth...

In Kevin Milligan’s proposal Tax Policy for a New Era: Promoting Economic Growth and Fairness, a dual income tax system has been introduced that would boost economic growth and increase tax fairness. The new system contains a single, low rate on all capital income, coupled with a higher top tax bracket on wages. This essay, however, will focus on analyzing Miligan s arguments in reforming the tax system. In this report, Milligan mentions two trends that raise concerns for current Canadian tax system. The first one is the increasing income concentration. More and more money was earned by relatively small portion of people. This has triggered some equity issues because the proportional tax that high earners pay does not higher that those†¦show more content†¦To reform the system, there are three steps. First, the tax base should be cleaned: focusing on taxing labor compensation stocks and cutting unnecessary tax costs such as tax credits. Compensation can be divided in to several options including employee stocks and wages etc. Now if stock options are tax exempted, people are likely to choose stocks instead of salaries. Therefore tightening employee stocks tax can prevent tax avoidance and lead to efficiency. Besides, cutting tax credits can save huge amount of revenue for government. However, he mentions that high salary earners tend to have high responsiveness in terms of rising tax. Now if they cannot find a way to avoid taxation of their compensation, it is more likely for them to ask for higher compensation (in this case, more stocks) from their companies. Once companies agree to increase the amount of their stocks, this tax on stocks is ineffective because income of high earners will remain unchanged. Another critic here is that politically speaking, tax credits can be considered as strong instruments to attract voters’ support. Simply reducing tax credits could collect extra revenue, however parties may not want to sacrifice their v ote-getting techniques. Therefore the dual tax system may not gain support from politicians. Second, in terms of simplifying the capital gain tax, Milligan suggests a flat-rate tax should be established and with a range between dividend and capital income

Ict Ethics Issues in Malaysia - 638 Words

The development of technology which is getting greater and advance often leads to complex ethical, illegal, and societal issues. Thus there were many ethic centers developed in order to examine the implication of the moral principles into various fields that raise throughout the development of the technology such business ethics, engineering ethics, computer ethics, and medical ethics. Computer ethics or ICT ethics are not so much different of the human ethics, the different is how it is perform via the technology has to offered to unethical human. Obviously the world of communication and technology has affected the cultures, values, and social responsibility for good and for harm. The unethical way of using the facilities of ICT may or†¦show more content†¦7) Digital division: May cause an increase to the gap between rich and poor. 8) Professional Ethics: The ICT professional may not well-train and ethical enough to perform tasks. Problems may occur caused by their faulty and useless system. All of these issues may take places in Malaysia if the ICT society is lack of ethical awareness. The cyber crime that had happened in Malaysia that statistically recorded by NISER (www.niser.org.my) since 2003 are hacking, virus, spam, intrusion, harassment, forgery, Denial of Service, mail bomb, and destruction. Pornography is a very serious concern in the Malaysian society, it is strongly define as moral crime in Malaysia, and hence, there lots of cases reported regarding this issue in Malaysia, and the religion organization took taken these cases seriously. Lately, the child pornography issues is quiet a concern in Malaysia, since in global, this is the major seriousness regarding ICT and humanity ethics. Other ICT issue that is serious to the Malaysian government is the piracy issues. Malaysia did not contribute a lot to these matters worldwide but it is a huge concern to the Malaysian society. 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Contract and Chou free essay sample

The case scenario under review by our team includes a contract law situation involving a board game company and a game inventor. Big Time Toymaker (BTT) is a board game company which develops, manufactures, and distributes board games, and Chou is the name of the inventor of a new strategy game. In this scenario, what began with a payment made from BTT to Chou for exclusive negotiating rights for 90 days, ended in a change in management at BTT, leading to their company no longer having interest in distributing Chou’s game. Several questions will be asked about the validity of the terms agreed upon by the parties involved, including at what point did the parties have a contract, and what role does the statute of frauds play in this contract? Our objective is to analyze the case scenario, including the previously stated questions, and provide the answers to those and other questions pertaining to the scenario and contract law. Question 1 At what point, if ever, did the parties have a contract? There was mutual agreement between Chou and BTT via verbal agreement, and a subsequent email verifying that an agreement had been tentatively reached. According to the terms of distribution between Chou and BTT a contract was only valid if formalized in writing. An argument may be made that three days prior to the 90 day time limit a mutual agreement was reached and valid via an E-contract law. There was mutual assent between both Chou and BTT. The argument for the other side will state there was never a formalized written contract from either Chou or BTT, only an email with a subject heading stating Strat Deal. Is the email a valid contract? Question 2 What facts may weigh in favor of or against Chou in terms of parties’ objective intent to contract? Facts show that BTT sent an email with a subject heading of Strat Deal with information stating that Chou and BTT have reached an agreement. The writing states that after months of no response from BTT and with no management in place the company no longer wishes to distribute Chou’s intellectual property. Chou was in compliance with BTT at all times regarding issues pertaining to Strat. Chou will allege that there was a contract between himself and BTT that was of mutual assent and under E-contract law the emails were valid. Question 3 Does the fact that the parties were communicating by email have any impact on your analysis in questions 1-2 above? According to CA Civil Code 1624, b 3, a, online contracts are endorsable even if writing is required by the statute of frauds. Communication of contracts is valid under E-contract law. There is no impact on analysis made of above stated questions because of online communication. Question 4 What role does the statute of frauds play in this contract? A key factor in any contract is acceptance, and in this case a verbal agreement had been reached three days before the exclusive negotiation right was expired. Chou then said he was going to draw up the contract. Big Time Toymaker (BTT) then sent Chou an email outlining all of the things that they had agreed upon that would be included in the contract. Seeing the email, Chou then assumed that this was the contract to be enforced and did not respond to BTT. Even though Chou received the email, he did not respond to it, thereby giving Chou the defense that silence is never acceptance. However, in E-contact law dictated by CA Civil Code 1624, b, 3, a, it says that online contracts are endorsable even if writing is required by the statute of frauds. In addition, the â€Å"Click On† or â€Å"Click Wrap† agreement clause states that these agreements are enforceable since the opportunity to read and acknowledge was given. The statutes of frauds do play a part in this contract due to the Uniform Commercial Code requiring that the statute of frauds applies to any contract for the sale of goods for $500 or more. However, the exact amount of â€Å"Strat† units that Big Time Toymaker (BTT) will sell or at what cost of each unit is unclear to the reader, it was described in detail in the email BTT sent to Chou. Question 5 Could BTT avoid this contract under the doctrine of mistake? Explain. The new management at BTT cannot avoid this contract under the doctrine of mistake because a mistake was not made by both Chou and the old management team. The mistake by Chou was accepting the email outline of the contract terms as an actual contract agreed to by both parties. Scienter applies to Chou in this case by accepting a seemingly legitimate contract. Would either party have any other defenses that would allow the contract to be avoided? The change of management brought about individuals bound to the same company as the old management team was, therefore, scienter applies to the new management team in privity. The draft sent from Chou and received by BTT is a negotiable instrument. BTT thereby becomes a holder in due course. The inaction of BTT after the draft was sent is in violation of the UCC requirement that all offers are to be open for a reasonable period of 90 days. Chou was under the impression that a contract had been made before that 90 days had expired. Chou has real defense as well as personal defense due to breach of contract and fraud. Question 6 Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? By law, statute of frauds would support this agreement. Due to the terms, there cannot be a lawsuit that can be upheld on particular contracts or arrangements, except if it is written and signed by the authorized party or representative. Under the statute, certain kinds of contracts have to be in writing in order to be enforceable in a court of law (Contracts: Statute of Frauds, 2013). The writing also has to be signed by the person who is held responsible for the contract or by that persons agent. To evade the justification of the Statute of Frauds, one would need to make sure the contracts are in text and signed by the other party; so, if the opposing party does not hold his or her end of the agreement, one would gain from that particular party. Question Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. It is obvious BTT’s manager did not think clearly about protecting BTT from liability. He carelessly wrote the emails, and his careless actions put BTT at risk. This led Chou to believe that this e-mail was meant to replace the earlier notion that he should draft a contract. Although the word contract was not ever used in the e-mail, it said that all of the terms had been agreed upon. The compensation would be awarded to Chou by the court in a civil action due to the wrongful conduct, being the breach from the other party, BTT. If the contract is breached by BTT, Chou will be granted equitable relief by the court, which comes in the form of specific performance, injunctive relief, or reformation. Monetary damages could also be in effect, in which they can be compensatory, resulting from a loss due to nonperformance. Also, consequential, which are indirect but to be expected from non-completion. Restitution would also take place that would be equivalent to total the party has been unfairly supplemented by the non-breaching party, and liquidated, which damages are a preset value rendering from the agreement. The compensatory damages for recovery Chou suffered by the non-breaching party would be the damages that would be awarded to the party in the same situation he would have been in if the other party had executed as agreed upon (Melvin, 2011). After review of the case scenario involving Big Time Toymaker and Chou the game inventor, we have concluded that not only was there a contract agreement between the parties, but that according to E-contract law, Chou may be bound by the terms included in the original email sent from BTT. In addition, the doctrine of mistake cannot be used in this situation because of scienter toward Chou and the old and new management of BTT. Several questions were asked of our team in accordance with contract law and the scenario provided by the textbook. This completes our analysis of the scenario and answers to the questions we were presented.