Indian Republic Day Essay Example for Free

Indian Republic Day Essay In the life of every nation there are certain days which are considered as red-letter days. The Republic Day celebration held on 26th January every year in our country is one of those days. It is perhaps the most important day of our country. It marks the birth of our nation as a republic. Therefore this day is celebrated all over the country with great pomp and show. The origin of Republic day goes back to pre- independence days of 1929, when the Indian National Congress during its Lahore session under the President ship of Pt. Jawaharlal Nehru passed a resolution declaring ‘Complete Independence’ as the goal of the nation and decided to celebrate 26th January every year as the Independence day throughout the length and breadth of the country. From then on till the dawn of independence on Aug. 1947, the nation celebrated 26th Jan. as Independence Day. Later, when India wanted a day to mark its official birth 26th January, the independence day of the pre-independence days was chosen. On this day, 26th Jan. 1950 Indian constitution came into force and India was proclaimed to be a sovereign, democratic and a republic’ Soldiers from different wings of the armed forces, units of paramilitary and police forces march to the tune of the military band. The President takes the salute. A colourful %-past by helicopters and aeroplanes makes the ceremony most spectacular. Folk dances by cultural troupes and various performances are put up by school children to keep the audience spellbound. The tableaux of states depicting the cultural wonders of the states follow the school children. The procession lasts for several hours and finally ends up at Red Fort. Hundreds of people from far off places come to watch the charming show of military might and national glory. It is a great day for all of us. It is a day of remembrance, thanksgiving, and rejoicing. It is also a day of national pledge when we decided to make our country, sovereign, democratic, and republic. A great deal more remains to be done, to achieve this pledge. It is up to you and me to redeem this pledge and make our nation truly democratic and republic.

Behavior Essay -- essays research papers

Behavior- Behave, it its root form, means to contain or to have. In the reflective sense, it means ‘to have bear oneself’. To use the word behave in common conversation, it is understood as to ‘behave well’. As for the phrase ‘to behave badly’, it is understood immediately. Behavior is looked at in society as the way a person presents him or herself in a given situation. It is also related to the specialized sense of manners. Use of the noun to refer to public conduct or, in a moral sense, to a general range of activities is still quite common. But the term is also used in relation to plants, lower organisms and animals to describe the apparent activity of the whole organism. One particular meaning followed from the extension of the methodology of the physical and biological sciences to an influential school of psychology which described itself as behaviorism. Psychology was seen as a purely objective experimental branch of natural science and data of a mental or experimental kind were ruled out as unscientific. This had the effect of limiting the nature of human activity to interactions determined by an environment, other conceptions of intention or purpose being rejected. Many socially applied fields such as communications and advertising, the relatively neutral physical senses of response have been developed into a reductive system of controlled behavior as a summary of all significant human activity. The most important effect is the description of certain intentional human practices and systems as if they were natural stimuli, to which responses can be graded as normal, abnormal or deviant. The sense of independent response is weakened, with important effects in politics and sociology. Bourgeois- Originating in the French language, bourgeois indicates an inhabitant of a borough. Under the feudal regime in France, bourgeois was a judicial category in society, sometimes defined as a trustworthy citizen whose being in life is stable and content. Bourgeois was a word mostly used by the aristocrats because of their contempt for the middle-class. It was also used by the underclass in a sense of respect. The steady growth in size and importance of this bourgeois class in the centries of expanding trade had major consequences in political thought, which in turn had complicating effects on the word. A new concept of society was expressed and transl... ...t controlling intermediary between producers, an employee of labor, or as the owner of the means of production. Career- Definition- The word career is so regularly used to describe a person’s progress in life that the original meanings of the word have been long forgotten. The word career originally meant any rapid or uninterrupted activity. It was used when referring to a carriage road or a racecourse. Career began to evolve when it was used with reference to diplomats and statesmen. The word soon began to indicate progress in a vocation and then the vocation itself. Today, career is inseparable from the terms work, labor, or job. It has been applied to jobs with explicit internal development and has been extended to any favorable or desired occupation. Career is still used in the abstract sense of politicians and entertainers, with some conscious and unconscious class distinction, to work or a job which contains some implicit promise of progress. Career now usually implies continuity if not necessarily promotion, yet the distinction between career and job only partly depends on this and is often associated also with class distinctions between different kinds of work.

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.

Client ­ Centered Therapy Is Developed By Psychologist...

Overview of Theory Client ­Centered Therapy was developed by psychologist Carl Rogers in the 20 th century. â€Å"Rogers is seen by many as one of the foundational thinkers in the development of human psychology, even as one of the most generally influential psychologists of the 20th century† (DR. DIETZ’S BOOK) It is a descriptive theory focused on the relationships between practitioner and client rather than prescriptive theory telling the practitioner what to do. The central ideas to the client ­centered theory were not new when Rogers introduced them. Mary Richmond was the first person to acknowledge the importance of the qualities in practitioners when interacting with clients. Rogers originally called his technique non ­directive therapy as his goal was to be as non ­directive as possible. He eventually realized that this was impossible as clients often look to practitioners for some sort of guidance or direction. Rogers believed that people have the ability to become the best people that they can be with a desire to fulfill their potential. INSERT ROBERT’S SECTION HERE Presence in Social Work Rogers’ client ­centered therapy has been around for approximately sixty years and continues to have a presence today in the social work community. At the time of it’s discovery, it reaffirmed familiar social work principles while positively impacting social work practice and education (DR. DIETZ’S BOOK). In the social work practice it is still highly recommended that in order to be anShow MoreRelatedHistory and Theory Essay973 Words   |  4 PagesHistory and Theory The viewpoints if Sigmund Freud and Carl Rogers have similarities and differences. Both have made significant contribution to the psychology field. The theories from Freud and Rogers are still used in modern psychology. Freud is best known for creating psychoanalysis and Rogers is renowned for developing the person-centered therapy. 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Essay on Comparing Martin Luther and Jean Calvin - 1866 Words

The Reformation provoked changes in religion from the Christian church in the early 18th century. Martin Brecht defines the Reformation as the world-historical event which was â€Å"triggered and substantially shaped by the monk and professor Martin Luther. His religious struggle over a gracious God, his existence between God and the Devil, led to a schism within Western Christendom and to the emergence of Protestant churches† (Brecht). Martin Luther and Jean Calvin were the leaders of the Protestant Reformation. How were Martin Luther and Jean Calvin different and how were they similar in their quest to reform the church? Martin Luther, also known as the â€Å"Reformator,† was a superior asset in the Protestant Reformation. He was born on†¦show more content†¦On October 31, 1517, Luther wrote a letter to the Archbishop of Mainz and Magdeburg, which contained a protest against the sale of indulgences by Johann Tetzel, the pope’s German agent. Burkholder said, â€Å"The sale of indulgences, credits for good deeds done by others, which on could purchase to reduce the punishment for sin. This practice raised money for the Catholic church, but it had no scriptural basis and violated Luther’s principle that salvation was granted through faith alone, not works† (Burkholder, p213). This letter was titled, â€Å"The Disputation of Martin Luther on the Power and Efficacy of Indulgences,† but later renamed, â€Å"The 95 Theses.† Luther was upset and annoyed that the pope was taking all of the less fortunate people’s money to build his own church when in fact he had enough money to execute the plans himself. Martin Luther secretly wanted to reform the Church at this time, and many thought that â€Å"The 95 Theses† was just a starting point to the Reformation. No one today or back then knows if Luther in fact posted â€Å"The Disputation of Martin Luther on the Power and Efficacy of Indulgences† on the church door in Wittenberg. Many believe this would make perfect sense because if people want something to be read or heard, they would post it on the church doors. Either way, word did get out all around Germany and Europe. By the late 1500s, the Reformation spread not only through Germany and Europe, but also through Norway, Sweden,Show MoreRelatedHuman Resources Management150900 Words   |  604 Pagesused way to classify and compare cultures has been developed by Geert Hofstede, a Dutch scholar and researcher. Hofstede conducted research on over 100,000 IBM employees in 53 countries, and he identified five dimensions useful in identifying and comparing culture. A review of each of those dimensions follows.11 Power distance Dimension of culture that refers to the inequality among the people of a nation. POWER DISTANCE The dimension of power distance refers to the inequality among the peopleRead MoreManagement Challenges for the 21st Century.Pdf60639 Words   |  243 Pagesthirteen hundred the individual monk had produced only fifty years earlier. Prices fell dramatically. As late as the mid–1400s—just before Gutenberg’s invention—books were such a luxury that only the wealthy and educated could afford them. But when Martin Luther’s German Bible came out in 1522 (a book of well over one thousand pages), its price was so low that even the poorest peasant family could buy one. The cost and price reductions of the third Information Revolution were at least as great as thoseRead MoreDeveloping Management Skills404131 Words   |  1617 PagesConflict 375 SKILL LEARNING 376 Interpersonal Conflict Management 376 Mixed Feelings About Conflict 376 Diagnosing the Type of Interpersonal Conflict 378 Conflict Focus 378 Conflict Source 380 Selecting the Appropriate Conflict Management Approach 383 Comparing Conflict Management and Negotiation Strategies 386 Selection Factors 386 Resolving Interpersonal Confrontations Using the Collaborative Approach A General Framework for Collaborative Problem Solving 391 The Four Phases of Collaborative Problem SolvingRead MoreLogical Reasoning189930 Words   |  760 Pagesin our technical sense of that word? a. I hate you. Get out of here! b. Im sure Martin Luther King Jr. didnt die during the 1960s, because it says right here in the encyclopedia that he was assassinated in Memphis in 1998. c. The Republican Party began back in the 1850s as a U.S. political party. Abraham Lincoln was their first candidate to win the presidency. d. I don’t believe you when you say Martin Luther King Jr. could have been elected president if he hadn’t been assassinated. Try to

The Discrimination Is An Unfair Treatment For A Ethnic...

The discrimination is an unfairly treatment to a particular ethnic group based on their own special conditions. It includes 4 main forms - the directly, indirectly, harassment and victimisation. The direct discrimination is pretty straightforward, which happens when someone dealt with the situation unfairly based on one of the grounds and in one of the areas covered by the action. The indirect discrimination is usually less obvious than the direct form. It is usually the rules or policy that applies to everyone, which seems fair. However, the rules puts people who with the relevant protected characteristics at a particular disadvantage. Both direct and indirect discriminations are the forms of the employment discrimination that treat people unfairly based on some particular grounds.(1) These grounds that be treated unfairly in these situations, which also named â€Å"Protected Characteristics† are: †¢ Age E.g. Not inviting someone, because they are too young or too old to fit with other staffs. †¢ Transsexual person E.g. Not inviting a transsexual person, because the gender identity problems. †¢ Being married or in a civil partnership E.g. The candidate is refused, because she is single, and the manager thinks she will distract the other workers. †¢ Pregnant or having a child E.g. The employer tries to demote the employee from the manager to a bookkeeping position of far less pay and status, because the employer thought the employee is a pregnant woman who can’t represent theShow MoreRelatedThe Unethical Nature of Affirmative Action Essay1729 Words   |  7 Pagesplace applicants from ethnic minorities in their preferred list, which of course is not fair for the white. Yes, it does bring good results, but it is not ethical. Affirmative action in itself is racist. There are many reasons why affirmative action in favor of ethnic minorities is racist. 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Motivations and realities. Journal of studies in international Educati

Question: Responsibilities of nurse educators to meet the standards of regulatory and accrediting bodies . Legal and ethical implications for faculty who teach in the classroom, in clinical settings with students, and in clinical agencies in the role of Clinical Educator. The concept of due process for students and new nurses deemed unsafe in the clinical setting. The process for managing students and new nurses dishonest actions. How faculty can help students develop a professional attitude or demeanor. How faculty can utilize the faculty student relationship as a tool to support understanding of legal and ethical issues. Potential strategies for managing legal and ethical issues successfull. Answer: Introduction The present scenario of healthcare environment has a demand for nurses to meet the various patient needs. Legal and ethical issues may occur in various professional situations where the question of morality based on the wrongness and rightness may arise. Decision-making has to be done keeping in mind the patients beneficent care. Therefore, the legal and ethical decisions as they affect the nurses often take them through exhausting and stressful conditions of work. Nursing programs deal with the ethical and legal issues throughout the curriculum. Therefore, the clinical instructors have the responsibility to introduce the students to the ethical and legal issues. The present study deals with the subject that how the nurse educator would respond to the legal and ethical issues that one may encounter at the workplace. Responsibilities of nurse educators In the United States, there are fifty-two national and six regional agencies. There are also various other regulatory bodies for governing the legal issues of learning like American Nurses Association. The responsibility of the nurse educator lies with the fact that he needs to meet the standards of the regulatory and accreditation bodies during the curriculum of nursing. The students should get well aware of the goals and objectives of these bodies including the legal and ethical factors to get well prepared before entering the profession (ANA, 2010). The responsibilities of the nurse educator have been listed below. Implementing and developing the standards of accreditation for continuous improvement of the students through the education programs. Ensuring that the education programs meet the expectations of the profession for the legal and ethical requirements. Maintaining and developing the code of ethics for nursing. Maintaining and developing the standards and scope of nursing practice by the regulatory bodies (Altbach Knight, 2007). Development support for the nursing research and theory as laid down by the accreditation bodies for explaining the observations and guiding the practice of nursing. Explaining the requirements of education as needed for the professional practice. Defining the competence of professional role a nurse has to overcome, as one faces emergencies. Development of resources and programs for establishing the articulate of nurses accountability to the practice policy, society and governmental advocacy (Aacn.nche.edu, 2016). Legal and Ethical Implications The legal and ethical issues of nursing education are primarily based on the student, the faculty and the educational program. In the case of clinical settings and agencies, the legal and ethical issues of the site have also been brought into consideration. Faculty collects this information and to conform to the requirement of the clinical agencies for the implementation of the legal and ethical issues. The nursing educators pave the path for the future professional nurses from various settings and classrooms. The nurse educator should be able to define legally and describe the laws, both case and statutory, which governs the nursing education. The students and the faculty should share the governance. Academic freedom should be provided in the clinical and class settings. The faculty should build up a strategy to build up gaps between the educational syllabus and the professional settings. This will help to imply the ethical and legal issues effectively (Billings Halstead, 2013). Changes are happening in the nursing practice. Accordingly, there should be changes in the educational system as well. Ethical conducts generally do not undergo huge changes, but the legal issues can be modified. The ethical issues can be addressed by drawing real life situations and case studies whereas the legal issues can be explained by teaching from the various sources, dealing with the nursing law. The faculty should make a critical appraisal and systemic approach for the clinical conditions related to the ethical and legal issues. Setting examples of the faculty's expertise and experience, he can implement the issues among the students from various settings. However, the students of clinical settings and agencies are exposed to various types of data and their relative analysis can help the student to understand better the conditions of implementation (Berner, 2007). The classroom students can be benefitted by the case studies they undertake and implement the issues as per their understandings. These implementations help to develop the nursing skills of the students from various settings. Due Process for Students Due process is intended to assure that the rights of the students are respected as per the situation. Due process is of two types. The substantive due process deals with the determining the relation of the outcome, the degree of fairness in it, with the infraction. It is done to determine the whether the seriousness of the crime suits the punishment. The second type is a procedural due process. This provides the accused with the facility of receiving notice and an opportunity of being heard. It is based on the principle that decisions should be fair, nondiscriminatory and objective (Clark, 2008). The due process is employed when a student breaches or violates the code of the conduct of the nursing students. Any misconduct done is handled individually with the due process. Depending upon the severity of the misconduct, the punishment is delivered. However, the student is also given an opportunity for explanation of his misconduct, as per the rules of the litigation. The case is individually handled for application of the due process (Anselmi, Glasgow Gambescia, 2014). Unsafe Nurses in the Clinical Settings Nurses prone to disorders of substance use may be deemed as unsafe in the clinical settings. Their disorder may have a direct impact on their work and performance. Alternative programs have been designed to recover the nurses from the disorders of substance use or mental disorders. These programs help the nurses to be monitored and the risks of practice get reduced (Killam, Luhanga Bakker, 2011). It is the responsibility of the nurse educator to train up nurses for ultimate patient care. The legal and ethical responsibility involves the recognition of the signs and symptoms of unsafe practice, which might affect the safety of the patients in future (Grube, Piliavin Turner, 2010). Several observational tools can be implemented to monitor the unprofessional practice of the unsafe nurses in the clinical settings and separate them from other nurses (Luhanga et al., 2014). Managing Nursing Students and Dishonest Actions Nursing students and new nurses are expected to have an ethical and professional behavior, as the society has faith on them as competent providers of care. Unethical behavior and dishonesty include cheating and dishonest behaviors. Cheating in the academic career can be potentially disastrous as the nurse fails to gather requisite information regarding the safe care of human beings. This may lead to harm, suffering and even death of the patient (Suplee et al., 2008). Various strategies can be adopted to prevent dishonesty among the students and new nurses. The first strategy is the development of administrative policies. Academic policies may be created as the preventive measures. The legal department should review the contents of the document. These policies must be on display everywhere and at every possible accessible point. Consequences for repeated offenses should also be clearly mentioned. The faculty should well incorporate the behavioral expectations from the students (Killam et al., 2012). The second strategy is faculty development or education. These empower the faculty to address the dishonest behaviors in all setting types. Developing the assertiveness of the faculty in the environments of teaching is important so that he can have a control and strong monitoring of his class. The third strategy is setting up of the ground rules. Many times the dishonest behavior originates from the misinterpretation of the guidelines and grading of the assignments. Therefore, the faculty members should review the ground rules and display them in the syllabus in the clinical settings and classroom (Marshall, 2013). Development of Professional Attitude and Demeanor Nursing is much more than a series of skills and business activities. It is regarded as a part of socialization, which leads to the development and internalization of the identity as a nurse. The nursing profession is much concerned with the development of professional attitude and behavior. The faculty has many contributions to the development of the professional attitude (Mitchell, 2010). The program objectives are so designed that they aim at the development of the students. A few of the attitudes and demeanors have been discussed below. Dependability Nursing professionals are expected to be responsible and professional for carrying out the needs and duties. For this, the faculty must train them to be punctual and responsible towards their curriculum and assignments. Professional presentation The nurses should present themselves in such a way that is accepted by clients, employers and peers. For this, the faculty should develop a program for professional development of personality and train accordingly. Cooperation Teamwork is very essential in nursing. The nurses may require working in multidisciplinary, transdisciplinary and interdisciplinary teams. For this, the faculty should arrange group activities to develop this habit of teamwork. Clinical Reasoning The process of inquiry in the clinical practice of nursing is called clinical reasoning. Experience, knowledge and problem solving abilities are essential to encounter difficult and emergency situations. For this, the faculty should assign the students case studies to develop an estimation of the clinical reasoning in the profession of nursing (Griffiths et al., 2012). Faculty-Student Relationship The student faculty relationship is very important from the view of learning. The educational experience quality strongly depends on this relationship. This relationship helps in understanding the legal and ethical issues and helps in student success. Faculties in various settings face students whose learning needs and backgrounds are diverse. Therefore, it becomes very important to make them understand the legal and ethical issues (Priest et al., 2007). Developing a healthy relationship with them helps them to understand these issues and apply them professionally. The faculty should develop an environment of learning that encourages positive and collaborative faculty-student interactions. These will serve as an effective tool to develop strategies for active participations of students in understanding the legal and ethical issues (Hamric et al., 2013). Open communication with the students and application of learning activities helps in developing a student-faculty relationship. A positive relationship will facilitate better learning of the nursing curriculum (Ganske, 2010). Potential Strategies Professional nurses face many challenges in their practice. This challenge helps them to grow and contribute to the health of the society. However, several legal and ethical issues are faced by the nurses, which they have to manage strategically. Some of the potential strategies have been discussed below. Protecting the interests of the patient and ensuring quality care for nursing to the patients is an essential part of ethical management. The nurses should be provided more competence to face these ethical challenges to manage them. Using personal experience and values, patients rights and discussion with the management can be another potential strategy to manage the ethical issues (Marquis Huston, 2009). The legal issues can be managed by having a deep knowledge and understanding the nursing laws. In the case of a procedure for a patient, informed consent is essential. Potential legal risks can be managed and avoided if the signature is done before the procedure and everything is well documented (Park et al., 2014). Allegations of abuse should be managed by reporting them to the concerned authority. HIPAA laws should be well known by the nurses to manage problems regarding patient privacy. Medication errors and further litigation can be managed by having the correct knowledge of dosing and treatment regime (Furlong, 2008). References Altbach, P. G., Knight, J. (2007). The internationalization of higher education: Motivations and realities.Journal of studies in international education,11(3-4), 290-305. American Association of Colleges of Nursing | Home. (2016).Aacn.nche.edu. Retrieved 5 March 2016, from https://www.aacn.nche.edu American Nurses Association. (2010).Nursing's social policy statement: The essence of the profession. Nursesbooks. org. Anselmi, K. K., Glasgow, M. E. S., Gambescia, S. F. (2014). Using a nursing student conduct committee to foster professionalism among nursing students.Journal of Professional Nursing : Official Journal of the American Association of Colleges of Nursing,30(6), 481-485. doi:10.1016/j.profnurs.2014.04.002 Berner, E. S. (2007).Clinical decision support systems(pp. 3-22). New York: Springer Science+ Business Media, LLC. Billings, D. M., Halstead, J. A. (2013).Teaching in nursing: A guide for faculty. Elsevier Health Sciences. Clark, C. M. (2008). Student voices on faculty incivility in nursing education: A conceptual model.Nursing Education Perspectives,29(5), 284-289. Furlong, E. (2008). Right or wrong: legal and ethical issues and decision making.Decision-making in nursing: thoughtful approaches for practice. Sudbury, MA: Jones and Bartlett Publishers, 29-46. Ganske, K. M. (2010). Moral distress in academia.OJIN: The Online Journal of Issues in Nursing,15(3), 6. Griffiths, J., Speed, S., Horne, M., Keeley, P. (2012). A caring professional attitude: What service users and carers seek in graduate nurses and the challenge for educators.Nurse Education Today,32(2), 121-127. doi:10.1016/j.nedt.2011.06.005 Grube, J. A., Piliavin, J. A., Turner, J. W. (2010). The courage of one's conviction: When do nurse practitioners report unsafe practices?Health Communication,25(2), 155-164. doi:10.1080/10410230903544944 Hamric, A. B., Hanson, C. M., Tracy, M. F., O'Grady, E. T. (2013).Advanced practice nursing: An integrative approach. Elsevier Health Sciences. Killam, L. A., Luhanga, F., Bakker, D. (2011). Characteristics of unsafe undergraduate nursing students in clinical practice: an integrative literature review.Journal of Nursing Education,50(8), 437-446. Killam, L. A., Montgomery, P., Raymond, J. M., Mossey, S., Timmermans, K. E., Binette, J. (2012). Unsafe clinical practices as perceived by final year baccalaureate nursing students: Q methodology.BMC Nursing,11(1), 26-26. doi:10.1186/1472-6955-11-26 Luhanga, F., Koren, I., Yonge, O., Myrick, F. (2014). Strategies for managing unsafe precepted nursing students: A nursing faculty perspective.Journal of Nursing Education and Practice,4(5), 116. Marquis, B. L., Huston, C. J. (2009).Leadership roles and management functions in nursing: Theory and application. Lippincott Williams Wilkins. Marshall, D. J. (2013).Adjunct nursing faculty perceptions of and reactions to unethical or dishonest nursing student behaviors in the classroom and clinical areas. University of Florida. Mitchell, C. (2010). Teaching in Nursing: A Guide for Faculty.Nursing Education Perspectives,31(2), 120-121. Park, M., Jeon, S. H., Hong, H., Cho, S. (2014). A comparison of ethical issues in nursing practice across nursing units.Nursing Ethics,21(5), 594-607. doi:10.1177/0969733013513212 Priest, C., Kooken, W. C., Ealey, K. L., Holmes, S. R., Hufeld, P. (2007). Improving baccalaureate nursing students' understanding of fundamental legal issues through interdisciplinary collaboration.Journal of Nursing Law,11(1), 35. Suplee, P. D., Lachman, V. D., Siebert, B., Anselmi, K. K. (2008). Managing nursing student incivility in the classroom, clinical setting, and on-line.Journal of Nursing Law,12(2), 68-77.