The Existence Of Moral And Natural Evil - 1263 Words

Theodicy is an attempt to address the existence of moral and natural evil with the perception of an Omni-max god that encompasses three key properties; omnibenevolence all-good or all-loving, omnipotence all-powerful, and omniscience all-knowing. High theology accepts that God does exist in the universe as the greatest being of the Omnis, whereas low theology acknowledges the existence of God without one of the key properties of the Omni-max god. The various defenses that aim to solve the problem of evil that include the Soul-Making, Best of All Possible Worlds, and the Free Will defense are not compatible with the existence of a Omni-max God. All three of these defenses would have to surrender one or more of the key properties of an Omni-max god that is not consistent with high theology. Low theology accepts that God has limitations to his powers in the universe. In order to explain the existence of evil in the universe one or more of the Omni-properties; omnibenevolent, omnipotent, or omniscient has to be surrendered that pertain to the high theology belief system and the low theology should be acknowledged as the principal belief structure. I argue that low theology is an acceptable conviction for the existence of God, because it can solve the problem of evil by giving up one or more of the Omni-max God properties. The Free Will defense states that God created a world in which humans could convey free will even though he knew that evil would be produced from the actionsShow MoreRelatedThe Existence Of Evil : Evil1451 Words   |  6 Pages The existence of evil seems undeniable. As we progress through our lives and go through our everyday routines, we can see and acknowledge that evil is all around us. By simply turning on the news, we are immediately bombarded with reports of violent murders, dangerous storms, robberies and a new dangerous disease affecting half of the countries in the world. There is no denying that people suffer because we have experienced pain and suffering ourselves. At one point or another in our lives, we areRead MoreThe Atheist Argument From Evil Essay1134 Words   |  5 Pagesaccidents?† There is so much suffering in this world that we hear about, including rapes, war, genocide, or natural disasters. Every person has different disasters and oftentimes we cannot come up with a possible reason these happen to us. This thought has led some philosophers, such as William Rowe, to believe that God does not exist. Although there are some logical possible reasons God permits evil, it seem unlikely that there are logical reasons for the huge amount of suffering the world experiencesRead MoreThe Problem of Evil Essay1536 Words   |  7 PagesIn his essay â€Å"Why God Allows Evil† Swinburne argues that the existence of evil in the world is consistent with the existence of all-knowing, all-powerful and all-good God. To start, Swinburne bases his argument on two basic types of evil: moral and natural. Moral evil encompasses all the ills resulting from human action, whether intentional or through negligence; natural evil included all evils not caused or permitted by human beings. Whereas moral evil such as abortion, murder, terrorism, or theftRead MoreWhy Evil Exists Essay1172 Words   |  5 PagesWhy Evil Exists After the World War II and the Holocaust, many Jewish and Christian people were left wondering why God would let such a thing happen. Many felt estranged, as if God had somehow abandoned them in their most desperate time of need. The world needed an explanation as to why God would let such a thing happen to his so-called children. This need for an explanation of why evil exists in a world that is supposed to have been created by an all-powerful and all-loving God hasRead MoreWriting Style Used : Mla912 Words   |  4 PagesHamartiology: The Problem of Evil Hamartiology, also known as the doctrine of sin, has been debated for centuries due to the confusion about the existence of evil in the world God created. This doctrine is more than an explanation for the problem of evil, but it affects our relationship with our all-powerful, all-loving God. The problem of evil, indeed, is an issue that objects to the belief of God s existence. Being the label for a series of problems involving God and evil, evil is seen in many differentRead MoreThe Tragedy Of The World1569 Words   |  7 PagesGood News of Jesus. Many people struggle with the issue of evil in the world, they wonder if God is all loving and all powerful how can He allow evil to exist, others also wonder if He exists because of this. I want to assure you God does in fact exist, Romans 1:18-24 tells us God has revealed Himself in such a way that all man knows of God’s existence and divinity. Paul continues to explain there is no excuse not to know of the existence of God and those who refused to honor Him were given over toRead MoreThe Evil Problems Within Theodicy1369 Words   |  6 PagesThe Evil Problems Within Theodicy The problem with evil in the world can be a test of our faith in God or a higher power. For the most part, we as ordinary people in our society live our lives according to the premise that God is our savior and will lead us to eternal happiness upon our death in this world. As a Catholic, who can be considered more spiritual than religious, I use the belief system of Catholicism for my foundation of my behavior. If I adhere to the rules set out by my god,Read MoreThe Problem Of Evil And Moral Evil1093 Words   |  5 Pagesmade to explain the problem of evil and why it exists in our world when God is all-knowing, all-powerful, and all-good. The subject of evil and why it exists is a difficult topic to find an exact answer to, especially when evil is presented in the form of nature. Natural evil and moral evil are two different types of evil that take form and cause suffering to humans. Natural evil is â€Å"events and maladies in nature that bring suffering upon mankind and n ature.† Natural evil can be difficult to explainRead MoreAnalysis Of The Article On Being An Atheist By H. J. Gilman1664 Words   |  7 Pagesarguments as â€Å"proof† of God’s non-existence to support his atheism. He attacks arguments made by advocates on the existence of God. The arguments argued by Theist are not arguments for proof of God’s existence but are arguments for definitive beliefs of God’s existence. Any argument on proving the Almighty God’s existence is unsatisfactory. The Theist does not attempt to offer â€Å"proof† of God’s existence but rather offer arguments that are the best explanations of the existence of God. Merely observingRead MoreTheodicies1464 Words   |  6 Pagesï » ¿ A theodicy is a defense of Gods goodness in light of the existence of evil. There are different ways of making an argument that constitutes a theodicy, and in this paper I would like to concentrate on three different styles, and analyze them in terms of their strengths and weaknesses. The first type of theodicy is known informally as the greater good argument: it suggests that the evil that is permitted by God is outweighed by his goodness, and is permitted in the course of establishing some

comparison - 2085 Words

English III AP 30 October 2013 Of Mice and Men and The Scarlet Letter Of Mice and Men’s George and The Scarlet Letter’s Hester Prynne the main characters in these two novels. Both are misunderstood by the people around them. Of Mice and Men was written in 1937 by John Steinbeck to show the most vulnerable people in society at that time. The Scarlet Letter was written by Nathaniel Hawthorne in 1850 to illustrate the way of life for the Puritan society and the way some were punished or misunderstood due to not following the Puritan ways. In Of Mice and Men and The Scarlet Letter Steinbeck and Hawthorne share a common theme between the two novels. By comparing and contrasting the characters, setting, and conflicts it is illustrated that†¦show more content†¦This is the place George learned to trust someone other than himself and Lennie. Another major setting is the forest where George was forced to kill Lennie. Steinbeck paints a peaceful image in the reader’s mind of â€Å"the deep green pool of the Salinas River,† ( Steinbeck 101). It is â€Å"still in the late afternoon. Already the sun had left the valley to go climbing up the slopes of Gabilan Mountains, and the hill tops were rosy in the sun...† although this setting is very calm and peaceful this is where George will kill Lennie to keep him safe from Curley (Steinbeck 101). Like in Of Mice and Men, The Scarlet Letter has major settings of its own to prove the themes of the novels. One of the most major settings is the prison. The prison is where Hester was held for committing adultery. In these different settings we learn about the crimes Hester has committed and how the townspeople view her as a person. We also discover the ways she is left to be alone in the Puritan society with no one to talk to after she has been released from prison. The townspeople â€Å"assembled in front of the wooden edifice, the door of which was heavily timbered,† and watched her walk shamelessly to the scaffold (Hawthorne 31). Another major setti ng would be the â€Å"scaffold† (Hawthorne 33). â€Å"The scaffold† is where Hester was summoned her punishment for committing adultery with the minister Dimmesdale. She was forced to stand onShow MoreRelatedMedia Comparison Paper737 Words   |  3 PagesMedia Comparison Paper Since we have had to make choices and distinguish between one thing and another all of our lives, most of us like to see how others make their decisions. We especially appreciate this strategy if it helps us or informs us in some way. This paper is based on the media of comparing a newspaper ad to the internet ad. When you asked us to write a Compare and Contrast paper, I did not exactly know what you meant. After researching both concepts I learned about new things, ourRead MoreSocial Comparison In The Classroom1182 Words   |  5 Pagesmany different situations and environments. Social comparisons take place in the workplace, at school, within friend groups and many other areas. The social comparison theory may give us more knowledge about why and how we perform these comparisons. Leon Festinger was the psychologist who first brought up the idea of the social comparison theory. According to the theory, there exists two types of comparisons- upward and downward. The upward comparisons involve comparing ourselves to other people whoRead MoreIphone 6 Vs. Samsung Note 4 : The Phablet Comparison Guide3466 Words   |  14 PagesiPhone 6 Plus vs. Samsung Note 4: The Phablet Comparison Guide Copyright  © 2014 Conceptual Kings. All are rights reserved. This book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher except for the use of brief quotations in a book review. Introduction The comparison between these two devices can become a passionate one as users each have their preferences which essentially is what means more to them. ToRead MoreThe Social Comparison Theory: Being a Zero653 Words   |  3 PagesThe Social Comparison Theory: Being a Zero Just a few years ago, being referred to as a â€Å"zero† was something that everyone wanted to avoid. Someone that was a â€Å"zero† was laughed at and ridiculed for being worthless and unpopular. It has not been until recently that being a â€Å"zero† could be a good thing. 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This work will examine the basic premises of each of these along with personal examples provided by the author. Impression Management Impression management is the use of conscious or subconsciousRead MoreWhat I Learned From Taking American Civilization 1700905 Words   |  4 Pagesable to reference and support any claims that are made. Another, weakness I found with the paper was the formatting of the paper. I didn’t like how I listed the comparisons all in a row, than I listed the contrasts. I look at the paper now and I think it may have read better if I had listed a comparison followed by a contrast. The comparison contrast essay turned out great even though I feel it had its weakness’s. I am proud of the work I did on it, and I am proud of what I learned from it. This paperRead MoreMetaphors And Material, Tying And Training Texts : Metaphors For Revision, By Barbara Tomlinson1210 Words   |  5 PagesMetaphors are complex comparisons used in American writing. 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Sanders uses a unique way of writing through narration and life experiences to truly illustrate his point that the impressions of men or women are based on ones own life experiences. As a young

Sustainability Indicators Monitoring System- MyAssignmenthelp.com

Question: Discuss about theSustainability Indicators Monitoring System. Answer: Introduction Sustainability applies to the practices of any organization targeting to build an environment suitable for present as well as future benefits of the same. According to Asbhy (2015), sustainability cannot be termed as independent and absolute conceptual frameworks of human minds but rather it is set in the decisional context on what kind of system should be sustained along with over which patio-temporal range. Now, the process of monitoring the sustainability is a major and an emergent management response addressing the prevalent challenges in the field of sustainability for that organization. The practice of monitoring as opined by Colglazier (2015), is to understand the systems of sustainability and the values it holds. With monitor, the changes required in the system can be predetermined and therefore, they can be used as a warning before handed to these organizations. In general, the sustainability monitoring system explicates the development and progress of an enterprise (Ciegis ,Ramanauskiene Martinkus, 2015). To talk about the system of monitoring, the indicators of sustainability involuntarily come into the scene as crucial aspects and help in the decision-making process in diverse ways. As stated by Endres Remig, (2014), the indictors certainly assist in calibrate and measure progress towards a goal of more sustainable development. The indicators, if efficiently determined can prevent social, economic and even environmental damage by sending an early warning to organizational leaders. Moreover, according to Hailey Lulfs (2014), the indicators are also important tools in the sense they correspond thoughts, ideas and values of an organization both within and outside it. Starting with the economic indicators, it can be noted that primarily these indicators of an organization are related to the production and the rate of consumption. Along with this, the economic indicators submit the market base of the company and refer to the unpaid economy. Detecting the economic policies of an enterprise is obligatory to determine its sustainability. Among the economic indicators comes the total factor of productivity, sales and cost as well as GDP per capita, capital expenditures and net investment into consideration. Apart from this, the environmental indicators perhaps form the core concept of sustainability and provide the evaluation of the organizations impacts on the entities of natural environment principally on land, air, biosphere water ecosystems as well as the human ecology. Under the environmental indictors, the materials of products, energy consumption, biodegradability of the products, transport, air emissions all come into consideration when monitor ing the sustainability factor of any organization. The Enterprise Description Nike Inc. is, at present, the largest marketer of athletic footwear in the world and has a widespread market in the countries like USA and the rest part of the continent, Europe, Asia Pacific, Middle East as well as in Africa. The company was initiated as a Japanese shoes importer. Nike envisions bringing innovation and inspiration in the entire athletic world (Sustainable Innovation-Nike, 2017). Nikes competitive advantage is sourced from its RD and brand value; it employs the swoosh logo and the trademark of Just Do It that have ascertained the brand value of Nike. In 2015, Nike has been in fact, ranked as Worlds Most Valuable Brands by Forbes and it can be said that Nikes brand value is able to generate massive profit level for the enterprise. The manufacturing network of Nike is spread over 40 countries and consists of more than 700 factories around the world that make their inbound logistics to be cost effective and efficient. However, Nike does not have the possession of manufacturing units for its apparel and footwear; they rather outsource the manufacturing from third parties. Most of the footwear production of Nike is outsourced from the countries like Vietnam, Indonesia and China. Nike has several distribution channels of more than 20 centers ensuring that the outbound logistics of their footwear and apparel are efficient and quick. Nike has leading market share in athletic footwear and most of its revenue for footwear is generated from the North American market. However, among the developing countries, China is rapidly emerging as a potential market for the company. Needless to say, Nikes revenue has been increasing each year due to its advanced and competitive business strategy. To talk about the primary business strategy of Nike, cost leadership is an evident one. Apart from this, the strength of Nike lies on its market image as standard athletic wear. The differentiation of Nikes product is made on brand power, the high quality of its products and strong relationship with well-known athletes. If the brand value is kept aside, innovation will always remain at the core of Nikes growth. The company incessantly concentrates on delivering newer products but maintaining more sustainability on its product offering. Nike Sport Research Lab is the place where scientists, engineers, athletes, designers converge in ord er to build insights on key performance and thus Nikes journey of innovation continues (Sustainable Innovation-Nike, 2017). In future, Nike plans to expand the apparel market and active wear market for women as one of its appreciating venture. Besides, Nikes quarterly financial reports hint at its expansion plans in the market of China as the revenue generation from Chinese market has been growing steadily over past few years. Nike focuses on strengthening its market for competition and its main competitors are Reebok, Puma, Adidas and Under Armour though Nike is undoubtedly the leader in the market of athletic footwear. However, Nike has faced criticism for being hesitant to reveal information about its partners. Some organizations such as Corpwatch has targeted the organization and severe criticism has compelled it to reveal the confidential information in its Corporate Governance Report about the factories with whom it has contracts. Apart from that, Nike has allegations of child labor in countries like Pakistan and Cambodia. However, if these controversies avoided, Nike is sure to be the pioneer in the apparel and sports footwear market across the world. Sustainability Dimensions of Nike The significance and the aspects of corporate sustainability in regards to their operation system involve a number of approaches that the organization encounters in their day-to-day business operations. The outcomes that has been derived due to the practice and application of the sustainability framework of the organization, which influences the mode of economic, socio-cultural and environmental impacts. The variations, which are observed in meeting the sustainable objectives of the organization, enhance the monitoring and retention process of the firm (Sustainable Innovation-Nike, 2017). Nike, being a globally established enterprise has embarked on the journey of attaining the best of the results by coordinating all its resources and features leading to a sound development strategy for the concern. The medium through which it fulfills the sustainable purpose is by meeting the requirements of the primary dimensions. Moreover, the analysis and review of the indicators through its positioning with the aid of the Dunphy Phase as developed by a number of researchers has helped to develop and enhance the context of sustainability for Nike. The digressions of Nike and its range of the sustainability factors are as follows: Economic factors: It is one of the central and primary determinants which is relevant to the financial acquisition and the cost of production which helps in analyzing the equations of the market. The economic diversity is important for the realization of the financial remediation and helps in coordinating with all the approaches and measures, which are responsible for the mechanisms. The congruency between market stability with the economic fluctuation has several impacts on the unit of production, and the values to be determined for meeting the goals and objectives of the firm. Apparel industry depends on the efforts and constituents of production and therefore it contributes to the generation of more employment opportunities so that it can eventually lead to increasing the GDP of the economy. Owing to the current market capital of $100.1 billion the brand has been influencing its total productivity factor and the stock of the shareholders which is one of the primary and crucial factors while monitoring the sustainability. In regards to its global economic contribution, it stands at 79 in the highest number of sales in Americas Top List of Public Companies. The demands for the product created under the brand of Nike have been a result of its immense popularity listing its USP as under of the valuable brands in a global list. Therefore, the indicators like the demand and supply curve of the apparel industry, the utility and risk factors or producing a new range or series of product, accumulate to influence the sustainability factor adopted by Nike (Sustainab le Innovation-Nike, 2017). Environmental factors: Owing to the initial research development of the reformation system to be brought about in the structure and operations of the corporate framework, the study revealed the significance of the responsibility which these institutions have towards the society The impacts which the operations of one of the renowned apparel and accessories organization have is one of the potent factors which discloses a lot of about the company as they essentially deal with a raw material which has dire consequences on human, water, land and the entire ecosystem if not handled properly. The utility of organic and recycled cotton, which is one of the most innovative sustainable measures adopted by Nike. It provides shoes and apparels which are not only made out of sustainable items but they also make extensive use of recycled products and unused raw materials in the optimum way through several means. As revealed by its Sustainability Report, it accounted for more than 50 million pounds of waste which was used skillfully and the remaining manufacturing scraps were strategically used for more than 3500 trimming functions. Therefore, if the innovations in their product supply enhance and incorporates more programs like Reuse-A-Shoe it will eventually lead t its accomplishment according to the Dunphy Model. The effective use of product materials, like cotton, leather, polyester and rubber are effectively used for creating their product line. The delivered products to are integrated with the line of sustainability leading to the least impact and establishing means with objectives of plummeting environmental footprint. While dealing with the environmental factors, the contribution to reducing waste and carbon emissions because the lack of this has lead to the formation and incorporation of the concept of sustainability. In fact by broadening their scope and formulating plans and proposals which leads to the reduction in the emissions of carbon dioxide and other harmful chemicals and releases (Sustainable Innovation-Nike, 2017). In fact, the efficient use of renewable source of energy and effective use of the non renewable source of energy has helped in retaining a sound sustainable system protecting the environment. The processing that involves the carbon footprint has also been reduced over the years. Use of low water, materials, and conditions they have less effect on the product formation technique has been realized through the sustainability drive. Socio-cultural: There are very few established firms, which are really concerned about the impacts which any of its actions has on the environment or affecting its mode of functions. Socio-cultural factor is an important aspect of returning and contributing to the society and maintaining the good influence and curtailing the impacts on which the corporation functions. The ethical framework and other legislations involved in the management of the association has helped in preparing and involving a number of monitoring through which the benefits shall be analyzed. The efforts and awareness it portrays through their effort have helped them to establish the as one of the best companies to work. They use the execution of power and resources as a corporate giant optimally, as it looks after the main assets who are responsible for their products. The integration of the human resources and its development, which has been used for determining the work culture, the diversity policies applicabl e, the structure of the organization and the regulations of stakeholder involvement are important criterion, which depends on the factors of sustainability. Moreover being a major producer of apparel it is involves factories and the channels of production until the finished goods are reached, it goes through a number of hands and ensuring the healthy environment for the workforce involved in this process has led to the maintenance of this issues of corruption and human resource facilitations. Servicing begins therefore they have to also indulge great customer services marketing in order to retain their market place. Therefore, all these features entail the involvement of the sustainable factors, which it allots while monitoring for the indicators. Specific Sustainability Area- Sociocultural List and Assessment of Indicators for Monitoring the Sustainability The importance and significance of sustainability in any corporate setup has been defined in the most comprehensive and detailed manner. In fact, the derivations, categories, the existing processes, the developments and the possibilities that involves within the sustainability-monitoring tool have helped in reaching to this portion of the assessment. In fact, the coincidences for the operation and maximization for their practices in order to reach their goals of FYI2020, Nike has been promoting and taking their brand to a new height, which is apparently leading to their success rate and growth with high valuation and competitive scale for its contemporaries (Sustainable Innovation-Nike, 2017). The chart discusses the indicator which shall be judged based on the factors involves through this assessment. It can be concluded that effective monitoring the sustainability feature of Nike will contribute and help to draw inference how it engages in such amazing strategies in both of their profit and non-profit aspects. Sustainable Apparel Coalition and LAUNCH with NASA, Materials Sustainability Index are some of its innovative collaborations which Nike practices that influences their environmental structure. Name of the Indicator Health and Safety Management System and Policies of the Workers along with their payment structure and work environment. Definition There are very few established firms, which are really concerned about the impacts which any of its actions has on the environment or affecting its mode of functions. Socio-cultural factor is an important aspect of returning and contributing to the society and maintaining the good influence and curtailing the impacts on which the corporation functions. The ethical framework and other legislations involved in the management of the association has helped in preparing and involving a number of monitoring through which the benefits shall be analyzed. Measurement It will be measured through conveying the message to the workers and the employees, as they will be handed over with survey to be conducted in the form of questionnaires as well as interviews and based on this qualitative research the measurements will be made. It may also include the quantitative analysis by calculating the probable risk and the opportunities, which an individual seeks, and how the organization maintains the work force culture by satisfying the nature of work and benefits applied to their employees. Key Limitations The limitations of this research entails that the research and the operations, which involve the soci-cultural options, can be influenced and motivated at any point of time therefore the outcomes can vary drastically. Reference Adams, C. A., OpenMind, B. B. V. A. (2014). Sustainability and the Company of the Future.Reinventing the Company in the Digital Age, 411-430. Ashby, M. F. (2015).Materials and Sustainable Development. Butterworth-Heinemann. Atkinson, G., Dietz, S., Neumayer, E., Agarwala, M. (Eds.). (2014).Handbook of sustainable development. Edward Elgar Publishing. Blanco, E. E., Sheffi, Y. (2015). Eco-growth: A framework for sustainable growth. Ciegis, R., Ramanauskiene, J., Martinkus, B. (2015). The concept of sustainable development and its use for sustainability scenarios.Engineering Economics,62(2). Colglazier, W. (2015). Sustainable development agenda: 2030.Science,349(6252), 1048-1050. Distelhorst, G., Hainmueller, J., Locke, R. M. (2014). Does lean improve labor standards? Capability building and social performance in the Nike supply chain.Watson Institute for International Studies Research Paper, (2013-09). Enders, J. C., Remig, M. (2014).Theories of sustainable development. Routledge. Goswami, S., Ha-Brookshire, J. (2015). From compliance to a growth strategy: Exploring historical transformation of corporate sustainability.Journal of Global Responsibility,6(2), 246-261. Griggs, D., Stafford-Smith, M., Gaffney, O., Rockstrm, J., hman, M. C., Shyamsundar, P., ... Noble, I. (2013). Policy: Sustainable development goals for people and planet.Nature,495(7441), 305-307. Hahn, R., Llfs, R. (2014). Legitimizing negative aspects in GRI-oriented sustainability reporting: A qualitative analysis of corporate disclosure strategies.Journal of Business Ethics,123(3), 401-420. Hailey, J., Salway, M. (2016). New routes to CSO sustainability: the strategic shift to social enterprise and social investment.Development in Practice,26(5), 580-591. Hayhurst, L. M., Szto, C. (2016). Corporatizating Activism Through Sport-Focused Social Justice? Investigating Nikes Corporate Responsibility Initiatives in Sport for Development and Peace.Journal of Sport and Social Issues,40(6), 522-544. Kaplan, J., Montiel, I. (2016). East vs. West Approaches to Reporting Corporate Sustainability Strategies to the World: Corporate Sustainability.Comparative Perspectives on Global Corporate Social Responsibility, 49. Kareiva, P. M., McNally, B. W., McCormick, S., Miller, T., Ruckelshaus, M. (2015). Improving global environmental management with standard corporate reporting.Proceedings of the National Academy of Sciences,112(24), 7375-7382. Kozlowski, A., Searcy, C., Bardecki, M. (2015). Corporate sustainability reporting in the apparel industry: an analysis of indicators disclosed.International Journal of Productivity and Performance Management,64(3), 377-397. McDonagh, P., Prothero, A. (2014). UNPACKING CORPORATE SUSTAINABILITY.Waste Management and Sustainable Consumption: Reflections on Consumer Waste, 166. Simes, M. (2014). Social Key Performance IndicatorsAssessment in Supply Chains. Sustainable Innovation. (2017). Nike News. Retrieved 7 May 2017, from https://about.nike.com/pages/sustainable-innovation Thomas, L. (2016, January). Corporate Social Responsibility: A Socio-Economic Theory, Framework, and Model. InCompetition Forum(Vol. 14, No. 1, p. 85). American Society for Competitiveness. Varsei, M., Soosay, C., Fahimnia, B., Sarkis, J. (2014). Framing sustainability performance of supply chains with multidimensional indicators.Supply Chain Management: An International Journal,19(3), 242-257. Wheeler, S. M., Beatley, T. (2014).Sustainable Urban Development Reader. Routledge.

Principles Of Separate Legal Personality †MyAssignmenthelp.com

Question: Discuss about the Principles Of Separate Legal Personality. Answer: Introduction The separate legal personality is one of the basic terms of tenet where Company Law has been premised it helps the fundamental laws to establishes every legislation where a company owns the existence and functions. According to the study the rule of corporate jurisprudence in the case of Salomon V A Salomon And Co Ltd [1897] the court has establishes the principles of separate legal personality which has covered the universal commercial law of regime. The doctrine of separate legal entity has been analyzed in this case which has formed according to the company law and corporate theory. The corporate theory has made several certain principles which are difficult to define due to the unsuitable for strict and permanent delineation for the formation of this law (Lim, 2014). Fact of the case The fact of the case is Solomon who transferred his business of boat making where he runs the business as a sole proprietorship with the company of Solomon Limited which also incorporated property to the members who are himself along with his family. Salomon has transferred the business through the way of shares debentures which included floating charges which define the security against debts for the Assets of the company. However after sometime the business has been failed to corporate it and went into liquidation. Therefore Salomons rights for the recovery of floating charges has been claimed against the debentures which are unsecured creditors but it there was no recovered of such depths from the liquidation process (Waqas Rehman, 2016). Later in the elevation of unjust exclusion the liquidator who has appointed on the behalf of unsecured creditors make the charges of allegation where Solomon was found level for the dates for being the principal in this liquidation process. In which case it was also found the liquidator has overlooked the separate personality of the company Solomon Limited where Solomon itself the member of the company therefore it makes Solomon personally liable for such debt of the company and for being a sole trader of the business it also make the burden for him (Watson, 2015). The issue As per the case fact the issue has been arrival regarding the claims of the unsecured creditors in the liquidation process of the company Solomon Limited where Solomon itself holds the major part of shares and charged for the liability of the companys Debt. Therefore the separate legal in identity of the company weather make liable for the debts where the shareholder holds the rights of sole trader and above the capital contribution the unlimited personal liability of being a member towards the company also holds any duties for payment of the debts of the company (Waqas Rehman, 2016). Applied rules The court of appeals has declared in the case of Solomon vs. Solomon and Co Limited that as Solomon was incorporated in the company contrary according to the true intent as per the Companies Act 1862 and the letter it was found to conduct it with the business as an agent of Solomon therefore he should be responsible for the Dept in curd for running the business which is also recognize as agency. The house of Lord according to the appeal over the ruling and anonymously held of the case proceeding where the company was found Incorporated and independent person with its rights and the liabilities which applied to him were the motives of the promotion of the company was completely found equivalent in describing the actual rights and liabilities therefore the corporate veil has been applied in this case between the company and its owners (Lim, 2014). According to the separate legal personality which has been commenced in Solomon case has make some president relevant decisions has been taken from the cases of Macaura v Northern Assurance Co. 1925, Lee v Lee's Air Farming Limited and Farrar v Farrars Ltd., (1888) (Watson, 2015). In the case of Murray A. Pickering, 'The Company as a Separate Legal Entity' (1968) it has been found that the corporate veil which has been established fair the legal personality separate and independent of a company is help to find the identify of their shareholders. therefore if any rights and obligations or liabilities has applicable for the company therefore the shareholders are also responsible for such capital contribution which is also recognized as limited liability the corporate fiction has been described according to the individuals to pursue the purpose of economic situation of the company where it will never be applicable out the risk or liabilities of the capacity of someone who is related to the company therefore when a company has their own property executive contracts raise debts make investments and run their business as per their rights and obligations it is completely present independent towards their members therefore companies has the right to sue and be sued on its own identity which should be applicable as per the facilities of legal courses most important the terms and conditions of separate real identity only applicable when a company survives on the date of its members (Waqas Rehman, 2016). Application of corporations Act According to the corporate act 2001 has legislated in the Section 124(1) where it describe that a company should have the legal capacity and on powers of an individual both in and outside of their jurisdiction which despite that the legal entity in business is completely separate from another business or any individual who wrote the of the value to accountability the corporation or a limited liability is also represent the example of a separate legal body because when Corporation found to tend to make the separation as per the action of the entity from such individual or any other company. Therefore a company owns the powers of controlling and corporate the whole business where they can issue and cancel shares of the company they also have right to make decision over the and issued shares of the company it also provides the powers to distribute any of the companies property towards the member of that company where it provide security by charging cancelled capital. The Section 124 one also described that a company should be registered or recognized as a corporation under the jurisdiction and also included the outside of the jurisdiction (Lim, 2014). According to the study the rule of corporate jurisprudence in the case of Salomon V A Salomon And Co Ltd [1897] the court has establishes the principles of separate legal personality which has covered the universal commercial law of regime. The doctrine of separate legal entity has been analyzed in this case which has formed according to the company law and corporate theory. Legal consequences In the Solomons case case several legal consequences of separate legal entity has been found according to the company law when a company is formed and incorporated therefore they are bound to follow of the application of the separate identity principle though such legal consequences make distinction between private and company debts. It also make the distinction between legal entity of private and company assets where company is liable to contract with their members which includes employees, directors and other members who are related to the company (Waqas Rehman, 2016). When debts are being taken under the companys name therefore it should be belongs to the company as well as maybe not the directly related with the shareholders or director or any other else. Therefore house of Lord has made a decision in this case where they mentioned that the debts and liabilities should be make the legal right to the company through the separate legal person but there should be some circumstances and in modern law it to have as modified by the statute law. According to the Corporation Act 2001 the section 588G and section 197 has defined the directors of a Trustee company or the directors itself reliable as per the circumstances of public policy where the corporate gifts should in card during the trading (Watson, 2015). According to the case facts the assets which have been purchased on the name of company and the accounts from the company therefore it should be belong to the company. Those are never directly owned by the directors or any shareholders or any other member of the company though if any shares have been owned of 100% of the company. Therefore it will still belong to the company not to other persons all the members from the company. This only happened due to the separate legal entity. The company has right to owned the property in its own which has been mentioned in Section 124 of Corporation Act. Therefore it also described that company is legally owned with ownership rights which belongs to the property. These circumstances has been in one of the famous case Macaura v Northern Assurance Co Ltd (1925) where the court has found that the company has completely holds the property separately from the property of the members of the same company (Waqas Rehman, 2016). When company get there separate legal entity therefore they have all the rights to make or enter into any contractual relation with the shareholders the directors and others member who are related in the companies controlling member. This circumstance has been found to by the House of Lords in one of the famous case of Lee v Lees Air Farming Ltd (1961). In this case the court has proved the circumstances where the company has right to make a relationship or enter in an employment contract with Mr. Lee Lord Morrison who holds a major shareholder position in this company (Lim, 2014). Therefore it is important to discuss that and employer of a company who owns the position of separate legal entity holds various obligations where one is important to provide a safe system of work where it may never enter with any matter of the injured employees which could be a director of the controller of the company. The high court of Australia has been made a historical legislative decision in the Andar Transport Pty Ltd v Brambles Ltd (2004) where it has been illustrated that when the terms of introduction has arises between the legal principles in the Corporate law and the employers duty of care therefore under the employment law it is important for the company to provide a proper safe system of work for those employees and other members of the company (Watson, 2015). Piercing of the corporate veil In the Solomons case the English Court has found several situations which were permissible to disregard with the principles to Pierce the corporate veil which described by completely separate entity principles which found unfair. Therefore in such situation the court has right to make decisions which create quantity as per the principles on several grounds. Sometimes it has been found that the court do such act for reach the actual person who holds the duty of legal separate entity behind the veil and to find the actual true nature of the company. The court has right to described the corporate veil or lift the veil in the area of law has been ill-defined, inconsistent and quiet unpredictable according to the law of Corporation. In the case of Briggs v James Hardie Co Pty Ltd the High Court has pointed out the consequences of common and unifying principles as per the decision of the court where it is necessary to lift or ignore the corporate veil due to the ill-defined, inconsistent and quiet unpredictable situation (Lim, 2014). Therefore it is necessary to determine the situation when the discrete of the separate entity principles or commentators has found to be divided from their instances into several categories and it should not have any concerts as per the type of categories and the similar cases which should be placed in the terms of corporate veil. It is also stated that the ultimate policy for lifting the veil should depend and applicable as per the policy regarding the justice which has been given by the court. It actually provide legal decision for define or give proper rights or duties to a company where they hold several obligations and liabilities towards their shareholders and it should be formed and applicable for the separate legal person who is solely completely responsible for such debts which in cards for the sole beneficiary of the credit by their own (Waqas Rehman, 2016). Conclusion Therefore as per the decision in the Solomons case the separate legal personality of the corporation has been defined through the Companies Act but it is also described in the modern company legislations of Corporation Act where the separate legal personality towards the company which allowed the shareholders for carrying on trading with minimal exposes which are related to the risk of personal insolvency from the event of the collapse. In addition the exceptions of such principles of separate legal entity has also justified by the court where is this regards and make ruling contrary as per the principles of the company Act the court has also justified on the terms of leave the corporate veil where several views has been found and the principles which are followed in the court however the article 16 of the Companies Act 1997 has define such principles which has been followed in the company while processing the Solomons case in the court. Though it has become one of the most historica l Landmark company case law in the UK and most of the time it is cited on the area of company law (Waqas Rehman, 2016). References Andar Transport Pty Ltd v Brambles Ltd (2004) 206 ALR 387; (2004) HCA 28 Briggs v James Hardie Co Pty Ltd Co Pty Ltd (1989) 16 NSWLR 549 Farrar v Farrars Ltd., (1888) 40 ChD 395 Lee v Lees Air Farming Ltd (1961) AC12 Lee v Lee's Air Farming Limited 1961 AC 12 Lim, E. (2014). Of Landmarkor LeadingCases: Salomon's Challenge. Journal of Law and Society, 41(4), 523-550. Macaura v Northern Assurance Co Ltd (1925) AC 619 Macaura v Northern Assurance Co. 1925 AC 619 Murray A. Pickering, 'The Company as a Separate Legal Entity' (1968) 31 Mod. L. Rev. 481 Salomon V A Salomon And Co Ltd [1897] AC 22 Waqas, M., Rehman, Z. (2016). Separate Legal Entity of Corporation: The Corporate Veil. International Journal of Social Sciences and Management, 3(1), 1-4. Watson, S. (2015). Can Shareholders of a Company Override a Management Decision Made by the Board?: Attorney-General v Ririnui. Browser Download This Paper.