Tuesday, December 24, 2019

Post Colonial Literature Essay - 1017 Words

Post colonial’ as we define it does not mean ‘post-independence’, or ‘after colonialism’, for this would be falsely ascribe an end to the colonial process. Post-colonialism, rather, begins from the very first moment of colonial contact. It is the discourse of oppositinality which colonialism brings into being† (pL.117) The term post colonial is resonant with all the doubts and complexities of the various cultural experiences it involves. It also addresses all aspects of the colonial process from the beginning of the colonial contact. These aspects involve the development of internal divisions based on racial, linguistic or religious discriminations and the continuing unequal treatment of indigenous people in settler/invader societies.†¦show more content†¦A very good example of this case is a drama No sugar. No Sugar by Jack Davis’ is a play that shows Aboriginal family’s experience from an Aboriginal point of view. Being a part of an Aboriginal family Davis knows the problems and sufferings of Aboriginal families. No Sugar is based on Millimurra family’s stand against government pseudo-protection and their struggle to survive during the late 1920’s and early 1930’s depression in Australia. Davis locates his play during the Moore River Native Settlement, where four hundred people, whose only crime was to be Aborigine, were forced into a compound suitable for two hundred people. Historical evidence reveals that the compound was fenced and policed. Furthermore, children and adults were not allowed to associate, even in the dining room, and children’s dormitories were locked and bolted from the outside at six o’clock in the evening during summer.(11) Davis sets his drama in the settlement but outside the compound in order to explore family ti es. Though history permeates his drama, Davis focuses on the effects of colonization on a family including their internal relationships and their struggle to live vital lives in a hostile world which makes his family a paradigm of post colonial. The Millimurra family is forced by the Americans to leave their home and is taken to the Moore River Settlement. They are allowed toShow MoreRelatedEssay on Theory and Practice in Post-Colonial Literatures4270 Words   |  18 PagesTheory and Practice in Post-Colonial Literatures Introduction More than three-quarters of the people living in the world today have had their lives shaped by the experience of colonialism. It is easy to see how important this has been in the political and economic spheres, but its general influence on the perceptual frameworks of contemporary peoples is often less evident. 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Monday, December 16, 2019

The Reasonable Winners and Emotional Loser’s of the Miller’s Tale Free Essays

In many stories we are accustomed to, the â€Å"good† characters that are kind and affectionate triumph over the â€Å"evil†, who manipulate the weak through trickery. However, in Chaucer’s Miller’s Tale, the winner has qualities of a villain while the loser has benign qualities of winners. The three male characters, John, Absolon and Nicholas, who all have great affections for Alisoun, face different ends. We will write a custom essay sample on The Reasonable Winners and Emotional Loser’s of the Miller’s Tale or any similar topic only for you Order Now Absolon who is able to get a hold of his emotions after his struggle with Alisoun, meets a victory while John meets a bitter end because of his great love for her.Nicholas, despite his great success in trickery loses focus and gets burnt harshly by Absolon. In the Miller’s Tale, the character’s ability to reason and overcome their emotions determines their final victory. In the Miller’s Tale, John is the epitome of a man who is overcome by his emotions. John, despite his wealth, is a carpenter who is highly uneducated for he is peasant. Because he is uneducated, he has no choice but to depend on his emotions in making his judgements. He must decide the right and wrong based from his feelings.Unfortunately, this leaves him vulnerable to those that can notice his inablity to think for himself. Nicholas and Aliouson is very aware of John’s weaknesses. Knowning Johns devoted love for Alisoun, the two easily tricks him into thinking that a flood greater than that of Noah’s is coming. Greatly overcome by emotinos and fear that Alisoun might die John fools even the most ridiculous instructions given to him. Never once does John question Nicholas’s motives or words. Poor John, however, does not only care for Alisoun but even for Nicholas as well.He shows his worries for Nicholas saying â€Å"Me reweth soore of hende Nicholas† and visits his room to check up on him (Chaucer 276). Of course, John again, cannot see that Nicholas is acting and tricking him. He is too succumbed to his emotions by the time Nicholas talks about Alisoun’s danger, John forgets to ask nicholas the reliability of his words. John’s reliance on emotions caused by lack of education, leads him to a disaster. Not only does he gets physically hurt falling from the roof, but faces mental pain, rejected and tricked by his love.Absolon is also another character who has great love for Alisoun. Although he is a clerk, he lacks the experience and knowlegde of real love and has fantastical image of courtly love. Therefore, he serenades to Alisoun every night and asks for her love continously, even after rejects him. Because he is so overcome by his emotions, it seems that his ability to reason is disabled; he does not stop and wonder what he can do to win Alisoun’s heart. Instead, he persists on Alisoun, to fulfill his desire to get her love.Then when he kisses Alisoun’s ass and is humiliated greatly, he is cure of his love sickness. He is finally able to use his intelligence to devise a plan to revenge Alisoun. Absolon is finally able to realize the reality of Alisoun’s absent love. He makes a logical decision to get his pride back by trying to burn her with a hot rod. It is interesting how now he is able to foresee other characters’ actions. Although it was Nicholas rather than Alisoun that gets burnt, Absolon is able to detect and foresee that someone will try to trick him again by putting their ass out the window.With his new knowledge and realizaion of reality of love, Absolon is able to plan ahead of those who tricked him. Finally, in control of his emotions, Absolon meets a victory and is the winner. The tale’s most devious character, Nicholas who devises and beings the trickery, does not have a clear stance in being the winner or the loser. In the beginnning of the tale, Nicholas is a character who is driven by his intellect and reasoning. He is only character who succeeds in charming Alisoun. Unlike John and Absolon, he does not pour out all his affection to her but uses few sweet words to express his love.He is also not as emotionally attached to Alisoun and values the plan and method of getting with Alisoun more. Even when he as the chance to sleep with her and John is away, he does not, proving that he enjoys using his intellect and does not simply given into his momentairly emotions. Therefore, Nicholas is an acute character who uses his knowledge effectively to create a plan to fool John. He succeeds in doing so by manipulating John’s love. He is aware that John, who is controlled by his emotions, would be easily duped and exploits it.However, after his great success intricking John without much effort, Nicholas loses much of his focus and becomes lazy. Overcome by pride and cockyness, he lets his guard down, allowing his emotions to take over. When Absolon comes back for another kiss, he sticks his ass out the window, definitely putting his logic aside and not thinking. The image of him presenting his ass also symbolizes his vulnerability and lack of reasoning. Nicholas, although victorious in the beginning, gets duped, beding both the winner and the loser. The three characters, John, Absolon and Nicholas all get tricked at one point. Whether it is their love or pride, the three men is overcome by their emotions eventually. This might make one questions the intent. It might be possible that Chucer in the Miller’s Tale, might be doing so to prove that all classes are influenced by their emotions. No man, whether he is a clerk or a peasant, can fully control his emotions at all times. Therefore, he might making an underlying claim that all men are vulnerable and equal in some extent. How to cite The Reasonable Winners and Emotional Loser’s of the Miller’s Tale, Papers

Sunday, December 8, 2019

Law for ASIC v Cassimatis of Storm Financial Ltd †Free Samples

Question: Discuss about the Law for ASIC v Cassimatis of Storm Financial Ltd. Answer: Case introduction: As a result of the collapse of Storm Financial Ltd. due to the global financial crisis of 2008, there were noteworthy media consideration and this resulted in an inquiry by the Joint Committee of the Parliament. This company was formed by Emmanual Cassimatis and Julie Cassimatis as a private corporation in the beginning. Other relevant time, both of them were the solitary executive directors of the company. They owned all the shares in the company. These were the circumstances when ASIC started proceedings against both of them in the Federal Court of Australia. It was alleged by the ASIC that we have committed a single breach of duty of care and diligence, mentioned in s180(1), Corporations Act. This section is civil penalty provision and it requires that directors or other officers have a legal obligation to use their powers and performed their duties by exercising the same care that can be expected from a reasonable person if such person is acting as a director of the corporation u nder similar conditions and held the same office. In this case, Edelman J, gave a judgment hostile to Mr. and Mrs. Cassimatis regarding their responsibility for the beach. This judgment acts as a significant reminder to the directors regarding their duty mentioned in 180(1). Duties/Responsibilities: According to the case of the ASIC against Mr. and Mrs. Cassimatis, it was alleged that they were responsible for a breach of s180(1) when they caused or allowed Storm to provide advice to the particularly investors on the basis of the Strom model in a way due to which Storm had actually, breached the sections of Corporations Act. The sections included s 295A(1). According to this provision, which has been repealed in 2012, it was required to financial services licensees like Storm should only provided advise to a client only if:- keeping in view the information given by the client regarding their relevant individual situation, the entity providing advise as considered and carried out inquiry of the subject matter of the advice as can be described as reasonable under the circumstances (s945A(1)(b)); and the advise can be considered as appropriate for the client, keeping in view that consideration and investigation (945A(1)(c)). In this context, it was held by the court a high bar has been set by the ASIC for itself to ascertain liability, to the extent that the court had grave doubts whether it is necessary that an actual breach is required by corporation for breaching the provisions of s180(1). However, the court proceeding on the grounds as the parties had conducted their case in this manner. Regarding the particularly investors, 45 persons or 27 persons or couples were there, on whom ASIC finally relied. In brief, they were retired persons or going to retire and as a result, they were particularly vulnerable to losses due to the reason that they had small income and little assets other than their family home and somewhat restricted superannuation. According to Storm model of investment, that was developed by Mr. and Mrs. Cassimatis. Briefly speaking the concept of borrowing was involved in it to invest the amount that the investors would otherwise be ready to do, for the term of five years of more. One witness has described his strategy as double gearing. Therefore in this case there was borrowing by the investors against the security of their homes, getting a margin loan and using the funds obtained by such loan to invest in index funds, creating a gas reserves and to pay the fee of the company. Moreover, it was argued by the ASIC that in causing or allowing employees to be given in a manner that resulted the contravention of the corporations act by Storm, Mr. and Mrs. Cassimatis had uncovered the company to a predictable risk of harm that was larger than the risk, which would be allowed by any other reasonable director, who was acting with the necessary care and diligence. In this case, it was observed by Edelman J that the major test that can be used in case of the duty imposed by s180(1) is the decision given by Ipp J in Vrisakis v ASIC (1993. The court had stated that "the mere fact that a director has been involved in conduct in which a predictable risk of harm was present to the interests of the corporation will not essentially mean that such a director had been unsuccessful in exercising reasonable care while discharging his duties. The question if the director had exercised reasonable care in a particular case can only be answered by balancing the probable benefits that could were rationally likely to be achieved by the corporation as a result of such conduct with the foreseeable risk of harm to the company". Another significant matter that needs to be considered while conducting this balancing exercise is the burden of alleviating action (Edmunds and Lowry, 2003). Further, it was stated by Edelman J that "the foreseeable risk of harm that may be created to the company, falling under s180(1) is not only limited to financial harm. Therefore such harm includes any harm that may be caused to all the interests of the company (Blackstone, 1765). The interests of the company which include its reputation also include the interests that are related to compliance with thelaw by the company as well as the risks of facing sanctions as a result of the breach of law (Cross and Harris, 1991). It is also be noted in the decision given in this case that even if the duty of care is the same, the standard of care that can be expected from a director or an officer to meet depends on the circumstances of the corporation as well as on the position and responsibilities of the officers which include his status as an executive or not (Edmunds and Lowry, 2002). In this regard, the court referred to the decision given in Shafron v ASIC (2012). In this case, it was stated by the High Court of Australia, in context of the elements mentioned above, that "the responsibilities that have been imposed by s180(1) are not only limited to the statutory responsibilities. Therefore, these responsibilities include all the responsibilities that have been given to the officer concerned in the company, irrespective of the way these responsibilities were imposed on such an officer. Due to this reason, it is said that in case of the nonexecutive directors of the company, the same (higher) standard is not applicable as is the case with the executive directors. On the other hand, in their defense, it was argued by Mr. and Mrs. Cassimatis that s180(1) was not applicable in a case where the director is the sole shareholder of a solvent company or in other words, the claim that there is nothing by itself illegal in the director of a solvent corporation to cause or allow the corporation to chase a venture, even if it is highly risky", if such an act is authorized by the shareholders (Heydon, 2006). However, the court rejected this submission due to various reasons, including the reason that the above-mentioned submission does not found support in s180(1). In this context, Edelman J stated that the interests of the shareholders are included in the interests of the company. Therefore, if the shareholders have acquiesced to a particular course of conduct, in such a case the acquiescence can have an impact on the practical content of the duty. However, the acquiescence does not do away with the duty, in case other relevant interests of the company, other than the shareholders interests exist (Getzler, 2002). Analysis: It was revealed by the evidence submitted in this case, the Mr. and Mrs. Cassamatis were centrally related with almost every aspect of the business of the company. Moreover, they had an extraordinary degree of control with the company, which included control over the advisors and the procedure of providing advice regarding the Storm model. One witness has described the board meetings of the company as information sessions that were conducted by Mr. and Mrs. Cassamatis and the independent, non-executive directors of the company remained passive. Therefore the court commented that. Even in there was evidence present regarding desired on part of Mr. and Mrs. Cassamatis to encourage suggestions, new ideas of communication, but in view of the control that they excised over the company, the possibility of dissent or contradiction was substantially stifled and they must be aware of it. Under the circumstances, keeping in view the actual responsibilities of Mr. and Mrs. Cassimatis in the company, Edelmam J arrived at the conclusion that civil contraventions of s945A(1)(b) and (c) have been made by the company in this case. The court discovered that the violation was not only rationally predictable but at the time of the contravention, any other reasonable director having similar responsibilities would have been aware of the clientele and demographic of the company and therefore should have considered these breaches as highly likely. Particularly any reasonable director under similar conditions and with the same responsibilities would have known that there is strong likelihood that inappropriate advice may be given that contravenes s945A, Corporations Act if such director does not use his or her powers to stop the company from applying the Storm model in such indiscriminate circumstances, for example, when it was applied to vulnerable clients. Regarding the consequences of the breach, it was found by the code that although a number of relevant investors had faced major losses after the global financial crisis, these were neither essential nor enough for the breach of s295A by the company. On the other hand, any reasonable director who has the responsibilities of Mr. and Mrs. Cassimatis and acting under the circumstances of Storm, should have known that, if not probable, at least there was a real prospect of the likely breaches at some point. The results of such a discovery included the suspension or the cancellation of AFSL of Storm. As a result that this was a very significant threat even to the existence of the company, the court stated that such a possibility would have been taken by any reasonable director very gravely. In context of the burden of alleviating action, it was discovered by the court that taking the precautionary measures would be simple for trying to avoid the obligation of Storm model to the greedy class of clients. In view of the responsibilities imposed by s180(1) Mr. and Mrs. Cassimatis were under an obligation to take alleviating precautions that would have been sufficient under the circumstances. But the court noted the fact that they failed to take any steps at all. As a result, the court arrived at the conclusion that there has been a breach of s180(1) by Mr. and Mrs. Cassimatis. On the basis of this decision, it can be said that in view of the duty of s180(1) the directors have a responsibility to balance the probable risk of harm being caused to the company as a result of certain course of action with the burden caused by taking the alleviating action. In this context, harm includes the harm that may be caused any interests of the corporation. It is not required by s180 that they should be proof of real or potential loss to the company. The standard of care that is needed to release the duty of the directors depends on the circumstances of the company, the position held by the director or the officer and whatever responsibilities have been given to them. References Blackstone W, 1765 Commentaries on the Laws of England, Vol 3 Clarendon Press, Oxford Cross R and Harris J, 1991 Precedent in EnglishLaw 4th ed, Clarendon Press, Oxford Edmunds R and Lowry J, 2002 Excuses in P Birks and Pretto A (eds), Breach of Trust (Hart Publishing Edmunds R and Lowry J, 2003, The Continuing Value of Relief for Directors Breach of Duty 66 MLR 195 Getzler J, 2002, Duty of Care in Birks P and Pretto A (eds), Breach of Trust (Hart Publishing, Oxford Heydon JD, 2006, Are the Duties of Company Directors to Exercise Care and Skill Fiduciary? in Degeling S and Edelman J (eds), Equity in Commercial Law, Thomson, Sydney Heydon JD, 2016, Equity and Statute in Turner PG (ed), Equity and Administration Cambridge University Press, Cambridg