Business and Corporations Law Forrest v ASIC

Question: Discuss about the Business and Corporations Law Forrest v ASIC. Answer: Introduction The directors of any corporation are bestowed with the responsibility of governing the company, on behalf of its shareholders. This responsibility or duty is imposed upon the directors in Australia through Corporation Act 2001(Cth). Section 198A (1) of this act puts forward that requirement of the business to be managed as per the directions provided by the directors of such company. This gives rise to the obligations on all the directors, in both general, as well as, lawful manner. This act provides a range of duties for all the directors of the company (Australian Institute of Company Directors, 2017). For instance, the directors have the duty of protecting the company from any such dealings or transactions, which can lead to insolvency. The case of Forrest v ASIC (Australian Securities and Investment Commission) [2012] HCA 39 is amongst the leading cases, regarding the breach of directors duties which have been covered through the governing legislation, and the judgment of which was given by the High Court of Australia. In this case, the director of the company was alleged to have breached the various section of Corporations Act, which included the duty of care and diligence (Australasian Legal Information Institute, 2017a). This report covers the details of this case. Forrest v ASIC (2012) In this case, Fortescue Metals Group Ltd, Fortescue in short, wanted to develop a port, a railways and a mine, so as to enable the exportation of the output of the mine, which would be obtained in the future (Latimer, 2012). For this, the company entered into three different Framework Agreements, and each of these three agreements was with some Chinese entity. For these purposes announcements were made at different times, to the ASX, i.e., the Australian Stock Exchange, which were coupled by media releases issuing. These announcements claimed that binding contracts were drawn with all three Chinese entities (Levin, 2012). The ASIC, in March 2006, initiated proceedings against Fortescue, along with Andrew Forrest, Forrest in short, who was a substantial shareholder of the company Fortescue, its chairman and CEO, in the Federal Court of Australia. The ASIC contested the legitimacy of truth behind the announcement of the company, made to the media, in addition to the broader market pertaining to a chain of Framework Agreements, among three of the state-owned Chinese corporations and the company (High Court of Australia, 2012). This Framework Agreement was related to the financing and building services which had to be provided regarding the Pilbara Iron Ore and Infrastructure Project of the company (Hill Thomas, 2015). The Framework Agreements were described in the announcements as amounting to a binding contract. Though, the agreements terms did not have the wholesome certainty and hence, it was doubtful to be enforceable in a lawful manner. The claims of the ASIC were dismissed by Justice Gilmour at the trial (High Court of Australia, 2011). But when an appeal was made to the Federal Courts Full Court, the claims of ASIC were held to be successful for obtaining the order relating to the: Misleading or deceptive conduct of Fortescue, which contravened Corporation Acts section 1041H; The breach of continuous disclosure requirements by Fortescue which were as per section 674 of the Corporations Act; and The failure on part of Forrest for exercising his powers, along with the discharge of his obligations contained in section 180(1) of the act, regarding reasonable care, and diligence, resulting in the breach of this section (Naik, 2015). Both Forrest and Fortescue made an appeal against this decision given by the Full Court of Federal Court. They also sought out for the reinstatement of the order which were made at the first instance by Justice Gilmour. The four members of the High Court, on October 2nd 2012, dismissed the case made by ASIC and stated that the statements made in this case, were neither misleading nor deceptive (Briffa Jaque, 2012). Duties Breached Section 180 of the Corporations Act, 2001, enforces a civil obligation on the directors, along with the other officers of any company, pertaining to acting with care and diligence. Section 180(1) provides that the quoted individuals have to use their authority, and also have to fulfill their obligations with a level of diligence and care, which a prudent individual would exercise if he/she was in the position of the quoted individuals under similar circumstances and was occupant of the office of the quoted individuals in the company. A civil penalty for the breach of this section is provided in section 1317E (Australasian Legal Information Institute, 2017b). However, section 180(2) provides the defense to the directors, which is also known as the business judgment rule. The requirements contained in subsection (1) are deemed as having been met, along with the equivalent duties contained in the common law and in equity, when the quoted individuals make a business judgment. This business judgment is based on the judgment made for proper purpose, and with good faith; and the quoted individuals do not have any kind of significant personal interest in the issue revolving round the undertaken judgment; has informed themselves regarding the issue of judgment, to such extent which is considered as appropriate one; and has an unhindered conviction that the undertaken decision is in the paramount interest of the company. For the rationality of this belief, the position of a reasonable individual in similar circumstances is taken as the benchmark (Swaab, 2017). The allegation of the ASIC was that Forrest had contravened the subsection (1) of this act, on the basis of the contravention of section 1041H or section 674 of this act (Humphrey Corones, 2014). Decision Holding the announcements as based on the opinions, which was held in a reasonable manner, the case of ASIC was dismissed by the trial judge. When an appeal was made by the ASIC to the Full Federal Court, the same was upheld. It was held by the full bench of Federal Court that the announcements made by Fortescue did indeed amount to deceptive and misleading conduct and that the company had failing in fulfilling the continuous disclosure requirements, as they did correct the deceptive and misleading conduct, upon the release of the announcements (Lo, 2016). It was also established by the full bench that Forrest had contravened the duties imposed on him as a director and also breached the act, through the involvement in both the drafting, and the release of the announcements (Australasian Legal Information Institute, 2012). When this decision was made, Fortescue and Forrest jointly applied to the High Court of Australia, an appeal, which asked for reinstating the decision taken by the trial judge. It was held by the High Court of Australia that the announcements were the representation of the Chinese companies and Fortescue and that these had entered into the agreement, with the intention of each of the parties, to make the same as binding. This representation was held by the High Court as being none of the following, i.e., fraud, deceptive or misleading (Yip, Tan Lim, 2013). The issues which were present in the appeal were narrowed by the summary dismissal of the contentions of ASIC by the High Court of Australia, as per which the Board of Fortescue and Forrest had acted in a manner which can be deemed as dishonest, regarding the making of the above stated announcements. The inquiry of the High Court was focused upon whether or not, the use of term binding agreement by Fortescue in the announcements was actually deceptive or misleading, or whether or not, the same was likely to deceive or mislead. With reference to the intended audience, a close scrutiny of the implication of this expression was conducted by the High Court of Australia. Wide sections of the business or commercial community, along with the investors, were defined as the intended audience by the High Court (Jade, 2012). In spite of the literal meaning of the term binding agreement, it was held by the High Court that the expression did not essentially convey the notion that the agreement would be enforceable in a legal manner. It was stated by the judges that an individual in specific situation, should not be required to evaluate the legitimacy of a contract, in short its valid formation. Along with this, it was also not necessary to assess the practicability of the contract to compel performance as per the enforcement measures applicable on the main jurisdiction, before a statement is made to the community regarding a contract being as a binding one (Naik, 2015). The High Court also held that there was an absence of the evidential base for making the assumption that an individual who read these announcements would form an opinion or understanding regarding the parties entering into agreements, which would be enforceable by the courts of Australia as per the law of the nation, in case of a dispute arising in the future, amongst them. The court also held that Fortescue was not required to release the entire text of the Framework Agreements, so as to be in conformity with the obligations relating to continuous disclosure (Briffa Jaque, 2012). The approach of the High Court in this case was consistent with the claims being dependent on the facts, relating to the deceptive or misleading conduct. The court analyzed the accurate summarization of the Framework Agreements content and the announcements brought forward the point as being constituted as a binding contract. Reliance was also made on the preliminary issue regarding the reasonable belief, as stated earlier. Rejecting the submission of ASIC, the High Court held that the agreements were governed by the Australian laws and the contract included the foreign state owned entities, which were executed in China, and they did not have a clause of choice of forum (Naik, 2015). A contention was also made by the ASIC regarding the attempt of the director, i.e., Forrest to modify the conditions stated in the Framework Agreements, pointing in the direction that the drawn agreements did not have the intention of being binding. This argument was rejected by the judges and they stated that the contractual negotiations taking place after the same has been drawn could not be amounted as repudiation of the previous agreements. Further, the same was deemed as legitimate commercial conduct for continuation of making an attempt for striking a better bargain (Briffa Jaque, 2012). As the statements were held to be neither of the three, i.e., fraud, deceptive or misleading, the court held that there was no failure on part of Fortescue and Forrest regarding the compliance of obligations covered under this act. As a result of this, the declarations and the decision of the Federal Court were set aside by the High Court. Further, the High Court reinstated the decision of the trial judge declaring that there was no contravention of the Corporations Act 2001, on part of Fortescue and Forrest (Plessis, Hargovan Bagaric, 2010). In short, the appeal of Fortescue and Forrest was upheld that their conduct was not held as deceptive or misleading, which could contravene section 1041 of this act. And the claims made regarding the breach of section 674, pertaining to continuous disclosure, along with section 180 (1) of this act pertaining to duties of directors, were contingent upon the breach of section 1041 of this act. And so, the claims for both these sections were dismissed, due to the dismissal of claims relating to the deceptive or misleading conduct (Naik, 2015). Conclusion The study of the case of Forrest v ASIC presents an important lesson, which is in conformity to the established principles under the corporate law, specifically relating to the statements which are made in the ASX announcements, and these have to be both correct, as well as, verifiable. In the given case, the ASIC made claims against the company and its director, for undertaking misleading or deceptive conduct, which resulted in the failure of compliance with the continuous disclosure requirements and contravened the duty of care, as well as, diligence on part of the director. The trial judge discarded these claims, upon which an application was made by the ASIC to the Federal Court, which overturned the decision of the trial judge. As a result of this, both the company and its director, made an appeal to the High Court of Australia, which reinstated the decision of the trial judge after rejecting the decision of the Federal Court. References Australasian Legal Information Institute. (2012). Forrest v Australian Securities and Investments Commission Anor; Fortescue Metals Group Ltd v Australian Securities and Investment Commission Anor ([2012] HCA 39) Case Summary [2012] HCASum 39 (2 October 2012). Retrieved from: https://www3.austlii.edu.au/au/other/HCASum/2012/39.html Australasian Legal Information Institute. (2017a). Forrest v Australian Securities and Investments Commission [2012] HCA 39 (2 October 2012). Retrieved from: https://www.austlii.edu.au/au/cases/cth/HCA/2012/39.html Australasian Legal Information Institute. (2017b). Corporations Act 2001 - Sect 180. Retrieved from: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html Australian Institute of Company Directors. (2017). What are the duties of directors?. Retrieved from: https://www.companydirectors.com.au/membership/the-informed-director/what-are-the-general-duties-of-directors Briffa, P., Jaque, A. (2012). Twiggy Off the Hook- Forrest v Australian Securities and Investments Commission [2012] HCA 39. Retrieved from: https://www.swaab.com.au/Publications/Publications/Twiggy-off-the-hook-Forrest-v-ASIC High Court of Australia. (2011). Forrest V. Australian Securities And Investments Commission And Anor (P44/2011) Fortescue Metals Group Ltd V. Australian Securities And Investments Commission And Anor (P45/2011). Retrieved from: https://www.hcourt.gov.au/assets/cases/p44-2011/P44-2011.pdf High Court of Australia. (2012). John Andrew Henry Forrest V Australian Securities And Investments Commission Anor Fortescue Metals Group Ltd V Australian Securities And Investments Commission Anor [2012] HCA 39. Retrieved from: https://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hca39-2012-10-02.pdf Hill, J.G., Thomas, R.S. (2015). Research Handbook on Shareholder Power. Northampton, MA: Edward Elgar. Humphrey, J., Corones, S., (2014). Forrest v ASIC : a perfect storm. Australian Law Journal, 88(1), pp. 26-37. Jade. (2012). Forrest v Australian Securities and Investments Commission; Fortescue Metals Group Ltd v Australian Securities and Investments Commission [2012] HCA 39; 247 CLR 486; 86 ALJR 1183; 291 ALR 399; 91 ACSR 128. Retrieved from: https://jade.io/article/281587 Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Levin, D. (2012). Forrest v ASIC; Fortescue Group Metals Ltd v ASIC [2012] HCA 39. Retrieved from: https://mtecc.com.au/forrest-v-asic-fortescue-group-metals-ltd-v-asic-2012-hca-39/ Lo, S.H.C. (2016). In Search of Corporate Accountability: Liabilities of Corporate Participants. Newcastle upon Tyne: Cambridge Scholars Publishing. Naik, L. (2015). A case note on the Forrest v ASIC decision and the High Court's view on when the term 'binding contract' may be misleading or deceptive. Retrieved from: https://cornwalls.com.au/sharing-knowledge/legal-updates/high-court-rules-in-favour-of-fortescue-metals-group-ltd-and-andrew-forrest.aspx Plessis, J.J.D., Hargovan, A., Bagaric, M. (2010). Principles of Contemporary Corporate Governance (2nd ed.). Cambridge: Cambridge University Press. Swaab. (2017). A Practical Guide To Directors Duties. Retrieved from: https://www.swaab.com.au/expertise/corporate/directors-duties/ Yip, A., Tan, J., Lim, H.Y. (2013). Forrest v Australian Securities and Investments Commission [2012] HCA 39 (Australia, High Court, 2 October 2012). Retrieved from: https://www.lexology.com/library/detail.aspx?g=34dadd8a-2201-4331-80a8-513a56c2df9c

The Culture Code free essay sample

Globalization has changed the rules of marketing strategies and effectiveness of a marketing campaign based on the culture of the region. Exploration of rapidly evolving world of modern technology and realization of its best use for todays society depends on large extent on organizations technical specialty, knowledge, core competencies and strategic marketing and planning. While going through The Culture Code, I realized that Rapaille has an interesting view point on the way different cultures view themselves and others. He believes that there are strong odes that are imprinted early in life, and these cultural codes impact on the way we respond to events, what we buy and what we do. Some of his conclusions are amusing and thought-provoking for example he describes how French love their cheese and how Americans kill their cheese. The culture code for cheese in America is Dead. The cheese is pasteurized, it is stored in a refrigerator, it is wrapped up in plastic and it tastes bland. We will write a custom essay sample on The Culture Code or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page On the other hand, the code for cheese in France is Alive. Cheese there is kept at room temperature, has a strong aroma and a strong taste. French people buy cheese based on their smell and age. Such observations have implications for marketing, presentation and predictability of success and the sale of ideas in different cultures. Rapaille shows the techniques he has used to improve profitability and practices for Jeep, Nestle and other fortune 100 companies. His book put light on the way every human being acts and lives around the world. He has well supported his arguments about culture with his keen observation and experience by telling all these stories about French, Germans and Japanese people. Understanding American culture to plan your marketing strategy will really help any organization in long run with better results. Method for Determining the Codes His approach to obtaining cultural data: Principle 1: You cant believe what people say. Principle 2: Emotion is the energy required to learn something. Principle 3: The structure, not the content, is the message. Principle 4: There is a window in time for imprinting, and the meaning of the imprint varies from one culture to another. Principle 5: To access the meaning of an imprint within a particular culture, you must earn the code for that imprint. He describes the sessions that he uses to get his authentic data, culminating in a session where subjects lie on the floor, surrounded by pillows, talking about first memories of an event, an emotion or a concept The US as Adolescent I became more involved in this book when he started to talk about Europe being a mature culture (slow to react, considered, wise, experienced), while the US is adolescent (is volatile, acts without thinking, does not take advice from elders). A theme that pervades the book is the confusion that people from other countries feel bout the US. If they are so stupid, why are they so successful? A hint for an answer comes in the following conclusion: The American Culture Code for America is DREAM. The US code for love is False expectation, for seduction it is Manipulation, for sex it is Violence, for beauty we have Mans salvation and for fat it is Checking out. His reasoning for these conclusions (including quotes from his pillow sessions) is actually quite sound.. The Authors Confused Cultural Identity The author is French, and it was unsettling in the early parts of the book when he ept referring to we when talking about Americans. What seemed to be going on was a repudiation of his roots. It was probably unsettling because I have been living out of my own country for 14 years, and we as a term of cultural affinity becomes more nebulous as the years go on. Once he explains why he went to America to live, and what it has meant since, all became clear. Conclusion This book is well worth a read. You get an interesting take on all sorts of projects that the author has worked on, including views on alcohol, the popularity of the PT Cruiser, Japanese whaling, the Bush campaign, money and the worlds current disdain for the war in Iraq. Cultural understanding is in short supply right now. This book goes some way in helping to bridge the gap. This book is bold and will probably have you shaking your head both in agreement and in opposition. Of course Rapaille is speaking in generalizations of a large population, and individual mileage may vary, so please keep that in mind. In any case, it is a new lens to view the world. The book should be dedicated to the reptile in all of us.

Comparative Essays

Comparative Essays Comparative Essay Comparative Essay Comparative Essay BY alexa1724 What is a comparative essay? A comparative essay asks that you compare at least two (possibly more) items. These items will differ depending on the assignment. You might be asked to compare positions on an issue (e. g. , responses to midwifery in Canada and the United States) theories (e. g. , capitalism and communism) figures (e. g. , GDP in the United States and Britain) texts (e. g. , Shakespeares Hamletand Macbeth) events (e. g. the Great Depression and the global financial crisis of 2008-9) Although the assignment may say compare, the assumption is that you will consider both the imilarities and differences; in other words, you will compare and contrast. Make sure you know the basis for comparison The assignment sheet may say exactly what you need to compare, or it may ask you to come up with a basis for comparison yourself. Provided by the essay question: The essay question may ask that you consider the figure of the gentle man in Charles Dickenss Great Expectations and Anne Brontes The Tenant of Wildfell Hall. The basis for comparison will be the fgure of the gentleman. Developed by you: The question may simply ask that you compare the two novels. If so, you will need to develop a basis for comparison, that is, a theme, concern, or device common to both works from which you can draw similarities and differences. Develop a list of similarities and differences Once you know your basis for comparison, think critically about the similarities and differences between the items you are comparing, and compile a list of them. For example, you might decide that in Great Expectations, being a true gentleman is not a matter of manners or position but morality, whereas in The Tenant of Wildfell Hall, being a true gentleman is not about luxury and self-indulgence but hard work nd productivity. The list you have generated is not yet your outline for the essay, but it should provide you with enough similarities and differences to construct an initial plan. Develop a thesis based on the relative weight of similarities and differences Once you have listed similarities and differences, decide whether the similarities on the whole outweigh the differences or vice versa. Create a thesis statement that reflects their relative weights. A more complex thesis will usually include both similarities and differences. Here are examples o t the two main cases: Differences outweigh similarities: While Callaghans All the Years of Her Life and Mistrys Of White Hairs and Cricket both follow the conventions of the coming-of-age narrative, Callaghans story adheres more closely to these conventions by allowing its central protagonist to mature. In Mistrys story, by contrast, no real growth occurs. Similarities outweigh differences: Although Darwin and Lamarck came to different conclusions about whether acquired traits can be inherited, they shared the key distinction of recognizing that species evolve over time. Come up with a structure for your essay Alternating method: Point-by-point pattern In the alternating method, you find related points common to your central subjects A and B, and alternate between A and B on the basis of these points (ABABAB . For instance, a comparative essay on the French and Russian revolutions might examine how both revolutions either encouraged or thwarted innovation in terms of new technology, military strategy, and the administrative system. A Paragraph 1 in body new technology and the French Revolution BParagraph 2 in body new technology and the Russian Revolution A Paragraph 3 in body military strategy and the French Revolution B Paragraph 4 in body military strategy and the Russian Revolution A Paragraph 5 in body administrative system and the French Revolution B Paragraph 6 in body administrative system and the Russian Revolution Note that the French and Russian revolutions (A and B) may be dissimilar rather than similar in the way they affected innovation in any of the three areas of technology, military strategy, and administration. To use the alternating method, you Just need to have something noteworthy to say about both A and B in each area. Finally, you may certainly include more than three pairs of alternating points: allow the subject matter o determine the number of points you choose to develop in the body of your essay. When do I use the alternating method? Professors often like the alternating system because it generally does a better Job of highlighting similarities and differences by Juxtaposing your points about A and B. It also tends to produce a more tightly integrated and analytical paper. Consider the alternating method if you are able to identify clearly related points between A and B. Otherwise, if you attempt to impose the alternating method, you will probably find it counterproductive. Block meth d Subject-by-subject pattern In the block method (AS), you discuss all of A, then all of B. For example, a comparative essay using the block method on the French and Russian revolutions would address the French Revolution in the first half of the essay and the Russian Revolution in the second half. If you choose the block method, however, do not simply append two disconnected essays to an introductory thesis. The B block, or second half of your essay, should refer to the A block, or first half, and make clear points of comparison whenever comparisons are relevant. (Unlike A, B .. or Like A, B .. This technique will allow for a higher level of critical engagement, continuity, and cohesion. A Paragraphs 1-3 in body How the French Revolution encouraged or thwarted innovation B Paragraphs 4-6 in body How the Russian Revolution encouraged or thwarted innovation When do I use the block method? The block method is particularly useful in the following cases: You are unable to find points about A and B that are closely related to each other. Your ideas about B build upon or extend your ideas about A. You are comparing three or more subjects as opposed to the traditional two.

10 Facts About Spanish Adverbs

10 Facts About Spanish Adverbs Here are 10 facts about Spanish adverbs that will come in handy to know as you learn Spanish: 1. An adverb is a part of speech that is used to modify the meaning of an adjective, verb, another adverb or an entire sentence. In other words, adverbs in Spanish have basically the same function as they do in English. 2. Most adverbs are formed by taking the singular feminine form of the adjective and adding the suffix -mente. Thus -mente is usually the equivalent of the -ly ending in English. 3. Many of the most common adverbs are short words that dont end in -mente. Among them are aquà ­ (here), bien (well), mal (poorly), no (not), nunca (never) and siempre (always). 4. Regarding placement of adverbs, adverbs that affect the meaning of a verb usually go after the verb, while adverbs that affect the meaning of an adjective or another adverb are usually placed in front of the word they refer to. 5. It is extremely common in Spanish to use an adverbial phrase, usually a phrase of two or three words, where an adverb might be used in English. In fact, in many cases Spanish speakers often prefer adverbial phrases even where a corresponding adverb exists. For example, while the adverb nuevamente, meaning newly or anew, is readily understood, native speakers are much more likely to say de nuevo or otra vez to mean much the same thing. 6. In a series of adverbs that end in -mente, the -mente ending is used on only the final adverb. An example would be in the sentence Puede compartir archivos rpida y fcilmente (You can share files quickly and easily), where the -mente is shared with rpida and fcil. 7. Some nouns act as adverbs even though you might not think of them that way. Common examples are  the days of the week  and  the months. In the sentence Nos vamos el lunes a una cabaà ±a en el campo (Were going away Monday to a cabin in the country), el lunes is functioning as an adverb of time. 8. Occasionally, singular masculine adjectives can function as adverbs, especially in informal speech. Sentences such as canta muy lindo (he/she sings beautifully) and estudia fuerte (he studies hard) can be heard in some areas but sound wrong or overly informal in other areas. Such usage is best avoided except in imitation of native speakers in your locality. 9. Adverbs of doubt or probability that affect the meaning of a verb often require the affected verb to be in the subjunctive mood. Example: Hay muchas cosas que probablemente no sepas sobre mi paà ­s. (There are many things you probably dont know about my country.) 10. When no or another adverb of negation comes before a verb, a negative form can still be used afterward, forming a double negative. Thus a sentence such as No tengo nada (literally, I dont have nothing) is grammatically correct Spanish.

Britannia Bridge ( Menai Strait, wales ) Research Paper

Britannia Bridge ( Menai Strait, wales ) - Research Paper Example Alternatively, contained in the research is the civilization behind the project, the culture, and the contribution it must have made to the built environment. A critical analysis of the actual construction and the materials used has been used to assist in the generation of a what-if analysis of a scenario of the project being built today. Great bridge works in history are perhaps an inspiration for the construction of more exhilarating works in today’s and in the future needs. It goes without saying that great future construction works such as the envisioned Transatlantic Tunnel will build a lot on the past successful works of a similar challenge. Linking some of the most successful earliest construction projects that will spur growth in this built environment sector brings into the minds of engineers the contribution that suspension and tube bridges make. In European construction history, some of the earliest bridges of this nature to be constructed and that studies can reveal useful insights on their engineering cannot ignore the great Welsh works. In this discourse, the Britannia Bridge that connects the Anglesey Island with mainland of the country is analyzed to reveal the intricate details of the project from construction to completion and reconstruction (Anglesey Mon Information, 1). For purposes of comp arison of factors, the geography of the area around the bridge is briefly discussed, with explanation of why a bridge was needed. A mention of a second bridge serving the same purpose as the Britannia Bridge is made with a brief explanation of its construction aspects enabling comparison with the main bridge of discussion. In the mid 19th century, it was perhaps very unimaginable to have a tube bridge connecting an island with the mainland but in 1826, the Menai Bridge was completed. Its capacity was overstretched over the years and it became clear that as the flow of important cargo and

Role of the scientist in Mary Shelley's Frankenstein Essay

Role of the scientist in Mary Shelley's Frankenstein - Essay Example volved in these debates being waged, particularly as newspapers and other periodicals became more available thanks to the introduction of the printing press. These new media proved essential in introducing and maintaining widespread discourse in the political and social issues of the day, not just in the form of non-fiction news articles, but also in the form of fiction novels. â€Å"The Victorian novel, with its emphasis on the realistic portrayal of social life, represented many Victorian issues in the stories of its characters† (â€Å"The Victorian Age†, 2007). One of these debates was the question of the proper role of the scientist in the contemporary age, addressed in the novel Frankenstein written by Mary Shelley. In this novel, Victor Frankenstein, the main protagonist, stretches the bounds of technology to its limit takes the concept of new technology to its ultimate limit trying to overcome death by re-animating dead tissue, trying to create life on his own terms. The science of the past is criticized for its inability to produce on its premises just as the science of the present is criticized for its lack of imagination. â€Å"The ancient teachers of this science,’ said he [Frankenstein’s first professor], ‘promised impossibilities, and performed nothing. The modern masters promise very little; they know that metals cannot be transmuted, and that the elixir of life is a chimera† (Shelley, 1993: 40). However, there is also an upper end to how far science should strive. â€Å"Victor Frankenstein, the modern Prometheus seeks to attain the knowledge of the Gods, to enter the sphere of the creator rather than the created† (Bushi, 2002). Frankenstein envisioned himself creating a better human than the one created by God, presuming he could somehow circumvent the powers of nature established by God to impose the better, stronger and more economic powers of man. â€Å"The comment that seems evident in Frankenstein is that God has abandoned Man; the

America’s current policies Essay Example for Free

America’s current policies Essay Often, present generations, completely apathetic about their own sins, casts judgment upon the people who came before. This is not to say that, contrary to the prevailing wisdom currently choking our country, there are not absolute truths that were present during the inception of this country as well as in our present day. It is very unfortunate that some of our founding fathers held slaves; especially the author of the Declaration of Independence, Thomas Jefferson, who held nearly two hundred slaves at one time on his plantation at Monticello. We do not like that the father of freedom in America could not find it in himself to free his slaves. Jefferson’s own cousin, as well as a number of fellow Virginians freed their slaves. From 1780 until 1800, the population of free blacks in Virginia rose from just over 2,000 to more than 30,000. (Burns, 1997) Where is Thomas Jefferson? However, did those who contributed to the Constitution yet held slaves, serve to invalidate the Constitution or their own individual contributions? It would have to seem that it does. However, not to the same degree as some of America’s current policies invalidates our ability to even cast judgment on other generations in the first place. People in glass houses should not throw stones. This is a famous saying which can be applied to every person or generation who judges another while being less than perfect themselves. America is the 21st century is a far cry from America at its birth. The population, in 1776, was just under three million people. (McCullough, 2007 pg. 26) Last fall, America’s population exceeded three hundred million people. Technology has certainly made the world a much different place and America is not only the richest country in the world, it is also the most powerful. The founding fathers could scarily fathom what this country would become in a little more than two hundred years. However, would they be proud of what had been accomplished? In some ways, the founding fathers would be glowing with joy and pride. In other ways, they could not help but feel a great deal of shame and embarrassment at what America had become. In the past thirty years, revisionist historians have tried to tell Americans that this country was formed, not out of the pursuit of religious freedom as the Mayflower Compact reads but rather to make money and to expand their wealth and land holdings. Also, that the founding fathers were not deeply religious men but rather Deists who seemed apathetic towards absolute truths. These assertions are fallible to the core and scarily a student of history can accept such tripe. However, even the deists and atheists were still very moral men who were led by principles and not by what was convenient as they were men of the Enlightenment. Therefore, the question which should also be asked in conjunction with this theme is: Does America stand on any moral ground to even pass judgment in the first place on any past generation. Did our forefathers risk their lives so that more than thirty million babies could be aborted since 1973 and 40% of all children are now born without a father living in the home? Did our forefathers risk their lives so that more than 20,000 people could be murdered each year for the pursuit of money to buy drugs? When the forefathers secured freedom of speech, did that mean that pornographic movies could be shown on the television or curse words spewed at a dizzying rapidity? In a time when gay marriage is being pressed so heavily upon our members of Congress, would our forefathers; individuals who regarded the act as so impure, that they would go out of their way to describe such actions in an indirect way in their writings and all believed to be a sin? There can be added to this list, more than a dozen modern examples and whether or not one agrees that the aforementioned are problems in this country or not, our forefathers could not help but see them as grave mistakes and impediments on our history. It seems unlikely that those individuals, such as John Adams and George Washington, to name only a few; so fervent in their religious convictions, that they freely invoked the word of God in their writings and speeches, could have consented to such depravity. More than 35% of all of the quotes of America’s forefathers came from the Bible. Does America’s hunger for relativism and humanism disallow us from even being able to even ask the question: Were the actions of the forefathers pure enough to even form a country in the first place? For every person who would say no, there would be two of the aforementioned society which would say the same about us. Now, this is not to say that slavery was not extremely immoral which served as a cancer on our society at that time and created a legacy of racial hatred and inequality which is still present today. Anyone who believes that this country is one of the greatest in the world, if not the entire world as I do, such apathy towards our forefathers own words, has to invoke a degree of annoyance towards men who are revered for what the gave to future generations in the formation of a democratic, capitalist and free society. One wonders why a clear consciousness was not worth simply paying their workers a modest wage instead of forcing involuntary servitude. What was going through the minds when Thomas Jefferson introduced legislation to end slavery during the Constitutional Convention? Historians have argued that if Jefferson provided a hard line against slavery, then his other policies would have been pushed to the side and perhaps never passed. This is probably true. However, what stopped Jefferson from freeing his own slaves at Monticello? These questions may never be answered. So in the end, it would seem best for Americans to tread carefully when dismissing an entire generation and their works because of a sin which was all too apparent in 18th century America. Slavery was wrong? There is no doubt about that. However, has America lost most of its moral authority, as well as the rest of the West? This is to be sure. As more and more people turn away from the ideas of absolute truths and towards relativism and humanism, preferring instead what is convenient and not what is right, problems which America is now suffering, is its natural result. If the incompatibility of the actions and words of the slave holding forefathers invalidates their work, then it should be placed a top a very long list of this country’s ironic measures which have grown at an exponential rate in recent decades. WORKS CITED Burns, Ken Thomas Jefferson New York: Thirteen Productions PBS 1997 McCullough, David 1776. New York: Scribners 2007