marxism in the necklace - 1512 Words

Textual Analysis of â€Å"The Necklace† In â€Å"The Necklace†, Guy de Maupassant uses a woman’s life, and very important event in it, to depict the Marxism of his or her lifetime, especially amongst women. He uses comparisons and downfalls of her life to depict society’s shortcomings and beliefs of class. Marxism looks at the economic and social structures of a society and the draws attention to the struggles between the classes. A Marxist might believe that people are born as creations of economical or social positions. Born to a family of clerks, Mrs. Mathilde Louise was beautiful by looks, but felt as if she was not because she could not afford to dress well, eat well, or live well. She felt everything she had was ugly and until she was rich†¦show more content†¦She wants and is obsessed with what she believes she should have, but does not. She dream of being part of the rich society and in a way this necklace made her feel as if she was part of it. This piece of expensive and beautiful je welry showed social structure and classes and how they worked, but so did her actions, thoughts, and how she carried herself at the ball. When it was time for the ball Guy de Maupassant uses Mathilde to show Marxism again by the way she acts and carries herself. The story says She danced with delight, with passion, intoxicated with pleasure, thinking of nothing, in the triumph of her beauty, in the glory of her success, in a sort of cloud of happiness made up of all these tributes, of all the admirations, of all these awakened desires, of this victory so complete and so sweet to a woman’s heart. (Maupassant, 70). The ball itself was a peak into the life of the upper class and she thought that this was what the upper class life was about. In her mind the rich life was a big ball or party in a sense, people had depicted in her mind and made her believe this is what it is like. He depicted her as being in heaven almost in her dreams but it was real, for that small amount of time she could be who she had always wanted to be but the next day she was still married to a clerk schoolteacher. After the ball she realizes that she has lost the thing that brought her up to the upper class, the necklace. After the party MathildeShow MoreRelatedAnalysis of Guy de Maupassants The Necklace665 Words   |  3 Pagesa family of clerks. She had no dowry, no expectations, no means of being known, understood, loved, wedded by any rich and distinguished man, (de Maupassant). From the first line of The Necklace, the reader is prepared for a Marxist-feminist understanding of the protagonist. The overall theme of The Necklace does not so much undermine the structural inequities in Mathildes society, but points more to the futility of pursuing happiness through material wealth. Whereas her husband joyously exclaimsRead MoreEssay On Frida Kahlo1030 Words   |  5 Pagesreally didn’t represent god in her painting, she used With Thorn Necklace and Hummingbird. She painted herself with a thorn necklace which makes her neck bleed. The dead hummingbird is a symbol to the god of Tenochtitlan. Frida Kahlo attended the National Preparatory. Her and a group of friends wanted to show their sympathy for socialism and cultural nationalism. During the 1920s, she joined the Mexican Communist Party. In her artwork, Marxism will give health to the stick shows that Frida loved StainRead MoreMarxism in Titanic3038 Words   |  13 PagesCritical   Evaluation   of   Marxism   in   Titanic   Ã¢â‚¬â€œ   Stephanie   Kiewel   Ã¢â‚¬â€œ   Critical   Appraisal   Film   5010   Ã¢â‚¬â€œ   Dec.   2013       The   film   Titanic   used   to   be   the   most   successful   film   of   all   times.   The   romantic    disaster   movie   was   released   in   1997.   It   deals   with   both   the   historical   catastrophe    where   1,517   passengers   lost Read More Criticism of Capitalism in The Great Gatsby by Fitzgerald Essay1520 Words   |  7 Pagesas a move to subtly promote Socialism, an ideology in which value is placed on the inherent value of an object rather than its market value.   In a late collection of notes, Fitzgerald himself proclaims that he is essentially Marxist. [i]  Ã‚   Marxism is a specific branch of Socialist theory.   Fitzgerald makes Gatsby a novel that is not inherently Marxist or even Socialist, but one that is imbued with Marxist theory.   He does this by denouncing nonhumanitarianism, reification, and market valueRead MoreEssay on The Signalman by Charles Dickens3739 Words   |  15 Pageslargely anonymous throughout. Because they are anonymous, they become very mysterious due to the reader not becoming familiar with them. This is a skill used by Dickens to add to the overall mystery of the story. Durkheim suppressed sweetsugas marxism . The author uses many descriptive and vivid sentences and paragraphs to describe the setting and the signalmans initial reactions to the narrator, On either side a dripping wet wall of jagged stone. These sentences are good at bringing theRead MoreMagdalena Carmen Frida Kahlo Essay2077 Words   |  9 Pagesportraits after her divorce. Another example of Frida bleeding in her self portraits is Self Portrait Dedicated to Dr Eloesser, 1940 [figure 6]. She is surrounded by dead foliage, with a necklace of thorns. The thorns pierce through her neck, causing blood to spill. The next example is the Self Portrait with Thorn Necklace and Hummingbird [figure 7]. This painting holds many aspects which are symbolic to Frida Kahlo, she uses these symbolic elements to express her feelings. Such as the hummingbird, whichRead MoreCRM 1301 Midterm uOttawa Carolyn Gordon Essay10218 Words   |  41 Pageswho demand reform were branded as enemies of God followed by accusation of witchcraft. Those who spoke out wore the mask of shame. Husbands were ordered to beat their wives out of charity for their soul. Those who sleep in church wore the rosary necklace. Other faces the ducking stool. Guilt and sin were a part of Christian life. Sexuality was the root of evil and women were obstacle to a man’s holiness. St Thomas Aquinas: Greatest pleasure for the blessed ones in Haven was watching torturesRead MoreGeorge Orwell23689 Words   |  95 Pagesbrought a few able men like Bevin to the front, but in general we are still commanded by people who managed to live through the years 1931-9 without even discovering that Hitler was dangerous. A generation of the unteachable is hanging upon us like a necklace of corpses. As soon as one considers any problem of this war – and it does not matter whether it is the widest aspect of strategy or the tiniest detail of home organization – one sees that the necessary moves cannot be made while the social structure

The Impacts of Science on Human Life Essay - 595 Words

Technology is evolving and scientists are frequently developing new concepts and theories, improving our life style and making the world ultimately a better place to live in. Science has led to many extraordinary inventions, filling our human mind with vast amount of knowledge and intelligence. For example, many types of new planets have been discovered recently. Although people have been living in the world for a very long time, it is quite recent that these planets have been discovered using telescope and other mechanisms. These newly found planets are identical to earth and believed to be supporting life, which I have found interesting. However, without the contributions of technology, it would have never been possible. Moreover,†¦show more content†¦For example, Malaysia was not a very wealthy country economically but the improvements of technology have helped their financial system in a quite extensive level. In the past, they were not stable in a financial system until the effects of complex machinery and the contributions of modern technology have rationalized their economy. In the essay, The Enchanted Forest, Bill Reid, the author, also supports this point by saying, â€Å"We all carried ashore with us the knowledge that the wave of technological assault that had begun on the other island and changed most of the continent†(Reid 319).Basically, Bill states that how technology has changed most of North America several ways. In addition, this quote is related to the essay because it illustrates how impotent science and technology is, in terms of rationalizing our economy. In view of these aspects, I would say most people would agree that it has indeed made our world a better place. Most importantly, the contributions of science and technology have made our lives more delightful. In our everyday life, we use many ordinary things, which have been modified through improvements. These simple inventions have modernized the way we do things given that most people are generally depended upon them. For example, a cell phone is considered as an important item due the service it provides. In the past, when cell phone was not invented, people had to go all the way to the person’s place in order to deliver theShow MoreRelatedHow Humans Can Have Negative Or Positive Impacts On The Life Cycle Of Animals And Doing Science2140 Words   |  9 Pagesinteractive Science lesson to get his students engaged in learning and doing Science. My CT told me that he did not have a specific book to teach with, yet he had essential questions and standards that needed to be met in Science. The lesson was centered on the 3rd grade Colorado academic standard 2, concept 2, which pertain ed to the concept of the duration and timing of life cycle events in different organisms. The essential question of how humans can have negative or positive impacts on the life cycleRead MoreImpact Of Technology On The Development Of Civilization1407 Words   |  6 PagesIn contemporary society, science has played a more pivotal role than technology in the development of civilization. The purpose of science is to develop a vast breadth and depth of data and knowledge to enable us to understand why things are the way they are (Oberdan 26). On the other hand, technology is used to improve real problems based on justified beliefs and organizational systems (Oberdan 28). Without the knowledge and understanding of science, innovation would be lessened and society wouldRead MoreComparative Studies of Bladerunner and Frankenstein1157 Words   |  5 Pagesinsights into the human experience. Every text is a product of its time. 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His approach focused on the state of theseRead MoreEssay on The Importance of Literature vs. Science1196 Words   |  5 PagesImportance of Literature vs. Science If we lived in a world without literature, learning only the sciences, would we be the same people? Does the human race need literature at all, does it have any worth whatsoever except as entertainment? Do people actually learn from literature? These are all questions that divide the human race into two separate sections, those who believe in the power of literature, and those who see it as impoverished compared to the social sciences in its ability to teachRead MoreReligion: Christian Science1395 Words   |  6 PagesChristian Science is an idealistic and most radical form of transcendental religiosity. The study of Christian Science teaches a feeling of understanding of Gods goodness and the differences between good and evil, life and death. The purpose of this paper is to address how the study of Christian Science helps us better understand the impact of globalization in America, as well as the impact of American on globalization. This paper is important because globalization features a dominant worldviewRead MoreNas The Water Cycle And The Climate Impact On Humans1064 Words   |  5 PagesHave you ever imagined seeing inside a hurricane? Would you like to be able to predict the water cycle and the climate impact on humans? NASA has made these opportunities possible through decades of hard work. NASA has developed rockets, Mars rovers, and earth obser ving satellites. Their main objective, to serve the American public, will improve the quality of life on planet Earth, which in turn will strengthen the American Economy. Encouraging economic activity creates jobs and helps generate tangibleRead MoreScience Denial Endangers Progress1247 Words   |  5 Pageshistory of scientific research, deniers of science have been one of the biggest obstacles for progress to overcome. Case after case, we have seen religion, misinformation, and ignorance stifle the efforts of those who wish to progress the human race forward. For instance, Galileo was found â€Å"vehemently suspect of heresy† by the Catholic Church for his ideas about the earth’s position in the universe and was thusly imprisoned, halting his research. This sort of science denial still occurs today. The denialRead MoreEssay On Overpopulation1140 Words   |  5 Pagesable to provide the quality of life due to the decline of resources can create a war and an unbalanc ed world. There is no way this should be allowed to happen without a plan of action for the future due to the impact. Just because we can reproduce does not mean we should go overboard with it as well as we do not need to accept in this country all migrants. The overpopulated world will soon suffer from this impact due to the lack of food, energy, and jobs. There is no life without a food source, we needRead MoreThe Impact of Computer Science on Health Care Medicine1283 Words   |  6 PagesThe Impact of Computer Science on Health Care amp; Medicine Abstract Computer science can be defined as the systematic study of algorithmic processes, their theory, design, analysis, implementation and application. Its functions in the modern society today expand far beyond the uses one could even begin to imagine. Specifically, there is an increased influence in its practical application in the field of medicine. In recent times, an interdependent relationship between medicine

Management Accounting Business Responsebility Centers

Question: Describe about the Management Accounting for Business Responsebility Centers. Answer: Introduction A significant aspect of decentralised companies is responsibility centres. These centres are analysed on the grounds of different accounting figures like ROI, standard cost or divisional profit. One purpose of the management accounting mechanism is hence to tie a dollar value to transactions amidst various responsibility centres. Transfer price fits here as it is the price charged by companys one division from the other for the goods transferred to the latter (Holtzman and Nagel, 2014). The present report discusses transfer pricing, its different types and its use at length. Part A Transfer Pricing Defined In its essence, transfer pricing is a model of selling a product from one business unit or division of an organisation to other. Transfer price is basically the value charged for intra-company goods that the organisationalgroups purchase from one another. Coordinating the management of both the buying and selling decision is one of the primary purposes of transfer pricing. It is not essential that any money changes hands between the concerned segments (Schuster, 2015). The transfer price may just be utilised for the purpose of internal record keeping. It is revenue for the centre selling the products and expense for the one buying the products. The product which is transferred can be categorised on two measures. The first on is whether or not the product has a readily available outer market price. The second is whether or not the buying segment will sell it in the same form or will it turn into an input for the marketing divisions own manufacturing process (Ceteris, 2010). Purpose of Using Transfer pricing The below-mentioned reasons are the primaryobjectives of establishing transfer pricing scheme Yield separate revenue figures for every business unit and hence analyse the performance of every unit separately (Fernandes, Pinho and Gouveia, 2015). Assist in the synchronisation of manufacturing, pricing and sales decisions of the distinct business units. Through transfer prices, managers become aware of the value that their services and products carry for other divisions of the entity (OECD, 2009). It enables the firm to produce profit or cost data for every segment separately. Transfer price not only impacts the recognised profit for every division but also influences resource allocation. When transnational corporations move goods across international boundaries, transfer rates are appropriate in the computation of income taxes and are at times pertinent to legislative issues and global trade (Wittendorff, 2010). Different Types of Transfer Price Transfer at cost Entities employing transfer at cost method acknowledge that sales by global associates add to business profitability by yielding economies of scale in local manufacturing systems. This pricing method enables minimum duties. The firms making use of this approach do not expect a profit on transfer sale; instead, their expectation is related to their partner generating revenues by eventual sale (Drury, 2008). This transfer pricing method is used because companies presume that low costs will result in better performance of the partner, which eventually profits the whole company. Cost-plus pricing Organizations adopting the cost-plus pricing system believe in showing the profit accruing from any service or product at each stage of its movement through the company and its subsidiaries, business units or affiliates. This approach may lead to a price which may not be competitive or related to the demand in global markets. This is a widely used method because the management needs a projection of the long run marginal cost to make decisions (Chand, 2015). Market-based price This is obtained from the priceneeded to stay competitive in the global marketplace. This limitation in this method is cost. Nonetheless, there exists a significant amount of difference in the way cost is characterised. As with volume, cost usually reduces, a choice needs to be made between existing or planned levels of volume as the basis of pricing (Bakker, 2009). For employing this approach to penetrate a market which is very small with the intention of supporting local production, third nation sourcing might be needed. This allows the organisation to set up its franchise or name without having to invest in a physical set up. This is also suitable for a perfect market, where the products are homogeneous with the same price for both buyers and seller and no selling or purchasing costs. Adopting market-based transfer pricing in such a market matches the standards of a sound transfer price i.e. it will preserve divisional independence, will endorse consistent goal decisions and offer a consistent basis to evaluate performance (Muhammadi, Ahmed and Habib, 2016). Negotiated Transfer PricingIn this case, the company does not outline the rules for determining the transfer price. Business unit managers are motivated to negotiate a reciprocally satisfying transfer price. This approach is basically merged with free sourcing. However, in certain organisations, the head office holds the right to arbitrate the process of negotiation and enforce an adjudicated solution (Drury, 2008). In a market which is imperfect, transfer prices established at the planned or current market price do not tend to be the most favourable. In such situations, it is suitable to follow the negotiated approach. In cases of unused capacity, the range of transfer price negotiation usually falls between the maximum rate the buying segment is ready to pay and the minimum price at which the selling division is ready to sell (Rossing and Rohde, 2014). Part 2. (a) Transfer prices are based on total actual cost and not appropriated as the basis for divisional performance measurement because: As it do not leads to an optimal decision for the company. It provides small amount of incentive for sales department to control manufacturing costs as all the cost incurred will be recovered. (b) Calculation of contribution margin Data available: Particular Cleaning and Scrapping Division Processing Division Transfer price from cleaning and scrapping 0 77 Direct Material 18 5 Direct Labour 12 10 Manufacturing Overhead 40 25 Total direct cost 70 117 Calculation of variable manufacturing overhead Particular Cleaning and Scrapping Division Processing Division Total Manufacturing Overhead 40 25 75% variable in cleaning scrapping dept. 30 40% variable in processing division 10 Calculation of total variable cost Particular Cleaning and Scrapping Division Processing Division Transfer price 77 Direct Material 18 5 Direct Labor 12 10 Variable Manufacturing Overhead 30 10 Variable Selling cost 5 0 Total variable cost 65 102 Calculation of selling price Particular Cleaning and Scrapping Division Processing Division Price at which it can be sold in open market 95 160 Total selling price 95 160 Formula for contribution margin = Selling Price Product variable cost Selling Price Contribution Ratio Particular Cleaning and Scrapping Division Processing Division Selling Price 100 160 Variable Cost 65 102 Contribution Margin 35 36.25 (c) Calculation of price range Normal markup per unit Particular Cleaning and Scrapping Division Processing Division Variable cost per unit 60 102 Fixed Overhead per unit 10 15 Variable selling cost 5 0 Total cost 75 117 Normal markup per unit 20 43 Market price per unit 95 160 Production capacity 400000 400000 Price range for cleaning and scrapping division As per the economic transfer pricing rule the minimum price is the marginal cost and the maximum price is fixed by the receiving department. $65 - $ 95 Price range for processing division As explained above regarding the rule of economic transfer pricing the minimum price will be calculated and the maximum price will include margin also. $75 - $160 (d) As the division is having an opportunity to sell goods externally instead of selling it to other department. The minimum transfer price would be cost plus their profit margin. In present case the normal profit markup is 10% of the cost. Calculation of lowest transfer price acceptable to cleansing scrapping division according to general transfer pricing rule Particular Cleaning and Scrapping Division Variable cost per unit 60 Fixed Overhead per unit 10 Variable selling cost 5 Total cost 75 Normal markup per unit 7.5 Market price per unit 95 Production capacity 400000 The selling variable cost will be included in case the goods are to be sold externally and not while selling goods to another division; as no selling variable cost is paid in that case. Conclusion In vertically integrated firms, there are mainly two segments, a manufacturing and a buying division. In such companies, there is a regular exchange of goods and services among their departments to facilitate business operations. Transfer pricing is hence, the internal prices of goods developed with two main purposes: coordination (to arrive at decisions most appropriate for the business), and profit allocation (for assessing segment profits and to measure performance. The paper also discussed the different types of transfer prices (Lin and Chang, 2010.). From the different types of transfer pricing techniques, the cost based approach is the most widely used and is followed by the market-based approach. Transfer pricing also becomes suitable in respect of legislative issues such as global trade disputes etc. References Bakker, A., 2009. Transfer Pricing and Business Restructurings: Streamlining All the Way. IBFD. Ceteris., 2010. Guide to International Transfer Pricing: Law, Tax Planning and Compliance Strategies. Kluwer Law International. Chand, S., 2015. 5 Types of Transfer Pricing Methods used in International Marketing. [Online]. Available through:https://www.yourarticlelibrary.com/product-pricing/5-most-important-types-of-transfer-pricing-methods-used-in-international-marketing/5820/. [Accessed on 16th September 2016]. Drury, C., 2008. Management and Cost Accounting. Cengage Learning EMEA. Fernandes, R., Pinho, C. and Gouveia, B., 2015. Supply chain networks design and transfer-pricing. The International Journal of Logistics Management, 26(1), pp.128 146. Holtzman, Y. and Nagel, P., 2014. An introduction to transfer pricing.Journal of Management Development, 33(1), pp.57 61. Lin, C. and Chang, H., 2010. Motives of transfer pricing strategies systemic analysis. Industrial Management Data Systems, 110(8), pp.1215 1233. Muhammadi, H. A., Ahmed, Z. and Habib, A., 2016. Multinational transfer pricing of intangible assets: Indonesian tax auditors perspectives. Asian Review of Accounting, 24(3), pp.313 337. OECD., 2009. OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2009. OECD Publishing. Rossing, P. C. and Rohde, C., 2014. Transfer pricing: aligning the research agenda to organizational reality. Journal of Accounting Organizational Change. 10(3), pp.266 287. Schuster, P., 2015. Transfer Prices and Management Accounting. Springer Briefs in Accounting, 10. Wittendorff, J., 2010. Transfer Pricing and the Arm's Length Principle in International Tax Law. Kluwer Law International.

The Common Law Derivative Action in Hong Kong Essay Example

The Common Law Derivative Action in Hong Kong Essay School of Accountancy ACY 3151 D– Company Law Preserve The Common Law Derivative Action in Hong Kong Presented to Professor C. K. LOW Submitted by Tony BAI Dongyi; Ashley CHEN Xi; Ri REN Xinyu; Zoe ZHOU Beinan 30 April 2010 Abstract This paper is a response to the First Phase Companies Ordinance Rewrite Consultation Paper Question 7 whether we should abolish the common law derivative action (the CDA) currently retained by sec. 168BC (4) in the amended Companies Ordinance (2004). This paper firstly briefly introduces the current co-existence of the common law derivative action and the statutory derivative action (the SDA) and figure out potential problems which lead us to think about whether we should abolish the CDA. The main part of this paper discusses five arguable aspects from both the con sides and the pro sides of whether abolishing the CDA. This paper discusses the CCASS system which disables many shareholders to use the SDA; the rights f minority shareholders of offshore companies who cannot use the SDA; the international context regarding the CDA in many other common law jurisdictions; the potential confusions and complications with and without the co-existence and some pitfalls of the CDA which are minor and can be ignored. On the discussion of the above five aspects, the authors find that the CDA overrides the SDA in respect of each issue at the current time in Hong Kong, therefore this paper reaches a conclusion that Hong Kong should preserve the CDA at the current stage. We will write a custom essay sample on The Common Law Derivative Action in Hong Kong specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Common Law Derivative Action in Hong Kong specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Common Law Derivative Action in Hong Kong specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Upon the disagreement of the abolishment of the CDA, the authors also provide some further recommendations to help improve the current situations regarding the co-existence of the CDA and the SDA. TABLE OF CONTENTS Abstract2 Table of Contents3 1. Introduction5 1. 1 The Facts of Foss v Harbottle Case5 1. 2 The Rules of Foss v Harbottle Case5 1. 3 The Common Law Derivative Action6 1. 4 The Drawbacks of the Common Law Derivative Action7 1. 5 Introduction of SDA into Companies Ordinance7 1. 6 Problems of the Co-existence of the CDA and the SDA8 2. Five Aspects Regarding the Co-existence of CDA and SDA9 2. 1 The CCASS System9 2. 2 Members of Offshore Companies11 2. 3 The International Context of Derivative Action13 2. 4 Confusions and Complications Arisen without CDA15 2. 4. 1 General Discussion16 2. 4. 2 The MDA May Not Continue to Work17 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage18 3. Hong Kong Should Preserve the CDA19 4. Further Recommendations20 4. 1 Slight Amend sec. 16820 4. 1. 1 Extend the Scope of Qualified Plaintiff of the SDA20 4. 1. 2 Only Keep the CDA for Shareholders of Offshore Companies20 4. Require Offshore Companies to Accept Hong Kong Statue20 4. 3 Similar Legal System in the Region20 5. Conclusions22 Bibliography23 1. Introduction Before we discuss whether we should abolish or preserve the common law derivative action in Hong Kong, we would like to briefly introduce the background of the leading case (Foss v Harbottle) which established the principles of the common law derivative act ion as well as the pitfalls of it. Then we will mention the statutory derivative action which was the statutory regime introduced to deal with these pitfalls of the common law derivative action. At last we present the problems faced by the co-existence of these two derivative actions which lead to this paper’s main topic whether we should abolish or preserve the common law derivative action. 1. 1 The Facts of Foss v Harbottle Case Victorian Park Company was set up to develop parks and gardens. Harbottle was one of the eight promoters of this company. Foss was one shareholder, who brought a law suit alleging that the promoters sold a land to the company at a very high price. But Harbottle argued that Foss, the plaintiff, could not represent the Company to sue the promoters. 1. 2 The Rules of Foss v Harbottle Case[1] The judges in Foss v Harbottle held that the courts should not interfere in the internal management of companies. Because the company is a separate legal entity, if something wrong is done to the company, only the company itself can sue and that is the so called Proper Plaintiff Rule. The effect of this rule is to eliminate vexatious litigation by troublesome minority shareholders. However, the rule was also criticized by many researchers. If the directors of the company do something wrong, they will of course not have the incentive to make the company bring law suits against themselves. Therefore the minority shareholders cannot have the rights to get the wrongdoers to pay remedies to the company and it is to some extent unfair. Due to this reason, later, four exceptions to the rule were established to try to solve this problem. It is held that the Proper Plaintiff Rule will not apply if the relevant transaction †¢ ? is ultra vires or illegal; †¢ ? requires the sanction of a special majority; †¢ ? infringes the personal rights of a shareholder; or †¢ ? amounts to a fraud on the minority. 1. 3 The Common Law Derivative Action The exceptions to the Proper Plaintiff Rule in Foss v Harbottle allow the minority shareholders under some limited conditions to sue on behalf of the company. The common law derivative action (the CDA) is applied based on these exceptions. There are two basic requirements for applying the CDA: †¢ The alleged wrong or breach of duty cannot be ratified by a simple majority of the members; †¢ The alleged wrongdoers are in control of the company, so that the company cannot sue by itself. 1. 4 The Drawbacks of the Common Law Derivative Action Although the exceptions to rules in Foss v Harbottle open a door for the shareholders to take derivative actions, there are still some drawbacks in the CDA which make it not so effective to protect the rights of the minority shareholders. Just like the Australian Senate Standing Committee stated in its Report: Despite a recent tendency towards relaxation, the narrow rules of standing make it difficult for a shareholder to take legal action. There are some obstacles that confront shareholders in bringing litigation in CDA. These obstacles include: †¢ ? There are some defects in exceptions to the rule in Foss v Harbottle; †¢ ? The expense of litigation is very high; †¢ ? It is very difficult for shareholders to obtain information from the company. These drawbacks will be discussed more detailed in later part of this paper. 1. 5 Introduction of SDA into Companies Ordinance Because the CDA have the above pitfalls and cannot adequately protect the rights of the minority shareholders, the SDA was introduced in many common law jurisdictions. For example, SDA was introduced to Singapore and New Zealand in 1993 and Australia in 2001. In Hong Kong, SDA was also written into Companies Ordinance in 2005. Unlike CDA, the court will consider the good faith of the shareholders and the best interests of the company instead of those exceptions to the rule in Foss v Harbottle. In addition, the ratification by a general meeting will not stop the derivative proceedings which mean the hurdle to apply the SDA is relatively lower than that of the CDA. 1. 6 Problems of the Co-existence of the CDA and the SDA Many jurisdictions abolished the CDA after introducing the SDA, for example, Australia, Canada, New Zealand and the UK[2]. But Hong Kong currently reserves the CDA. The co-existence of the CDA and the SDA may cause some problems such as confusions and complications and this was concerned by the Court of Final Appeal in Waddington case in 2008. This directly leads to the Question 7 in the Consultation Paper. In the following session the authors will discuss the potential problems caused by the co-existence and rationally pro ve that indeed these potential problems should not be the reasons to deprive the shareholders of the rights to apply the CDA in Hong Kong because these potential problems are overridden by the benefits brought by the CDA. . Five Aspects Regarding the Co-existence of CDA and SDA In this part the authors will focus on five aspects regarding whether or not abolishing the CDA. In each aspect the authors will compare and analyze both the reasons to abolish and preserve the CDA and rationally prove that the CDA should not be abolished in respect of all the five aspects. 2. 1 The CCASS System Under Section 168BC (Members may bring or intervene in proceedings) (1) of Companies Ordinance, it states clearly that only members of a company can bring a SDA on behalf of company. However, there is no clear requirement whether the plaintiff has to be a member in order to bring a CDA, and the judge is granted discretion to decide. Therefore those shareholders who are not members can still bring a lawsuit on behalf of the company under the CDA. Hong Kong at the current stage still uses the CCASS system for the stock exchange under which the vast majority of shares owned by the public are not held by themselves, but actually held in nominee account which means those shareholders indeed are not registered to be the members of a company even they invest their money and buy shares of that company. 3] Therefore they are not qualified to apply the SDA under sec. 168BC (1). Moreover the nominees who are often huge financial institutions and are custodians of huge numbers of shares from a lot of shareholders may not have the incentive to bring the lawsuit for some minority shareholders. Further even one shareholder wants to suit the directors on behalf of the company ot her directors may not want to do this therefore the nominee may not be authorized to take derivative actions just because one shareholder’s requirement. Then the shareholder may have to withdraw the shares and again deposit them into the CCASS System which is very troublesome in practice and is a waste of money and time. The lag of time is a major concern because it is a great obstacle for the shareholders to take timely action. What is even worse, it is often the case that when the shareholders have the incentive to take such actions the company is already in a difficult financial position and the SFC may block the transaction and register of the shares of the company. Hence the shareholders once withdraw the shares he or she may not be able to deposit them again since the block set up by the SFC. Therefore it is almost very unlikely for a minority shareholder who is not a member of the company to take the statutory derivative action against the directors under the current version of amended Companies Ordinance (2004) and the practical CCASS System. However as stated above the CDA does not strictly require that only members can be qualified to apply. Therefore CDA is a much more feasible proceeding for Hong Kong shareholders than the SDA and actually CDA is almost the only feasible way for the minority shareholders of the listed company to take action (Non-listed companies and private companies do not use the CCASS System to exchange shares). Indeed we observe that from July 15, 2005 when the SDA came into effect most cases applying the SDA are related to private companies which support the opinion the CDA is still very important for shareholders of listed companies. Upon the above discussion the authors reach the conclusion that since the shares of the listed companies are exchanged using the CCASS System and the current SDA is only applicable to members, Hong Kong now should still preserve the CDA. 2. 2 Members of Offshore Companies As will be discussed later in this paper, one of the most important reasons to keep CDA is that it protects the Hong Kong shareholders of companies which are registered outside Hong Kong but have no places of business in Hong Kong in essence offshore companies. However, many people think this is not an effective protection because the procedure is too complicated that it is highly unlikely for small shareholders to take such an action. The right to perform CDA is theoretically feasible but is highly unlikely in reality. Following flow chart shows simply how a shareholder of an oversea company could take action: [pic] First he should go to the Hong Kong court, ideally, get the order. Then the order will be taken to register at a court in Singapore. If that court allows enforcing the Hong Kong order, then they issue another order to enforce it on the company. This might not be the end of the story; the remedy is given to the company, so it is subject to the company’s management’s decision whether to distribute it to the shareholders or not. Again this decision will be made by those directors who are sued in the case and they may not be willing to do so. Therefore this CDA is unlikely to be taken by small shareholders to spend huge cost in exchange of the remedy or no remedy at all. However this cannot constitute the reason to simply abolish the CDA. The CDA is difficult to apply however it is the only way for those shareholders of the offshore companies to protect their rights. To illustrate this section 2 of the Companies Ordinance is reproduced here â€Å"Specified Corporation† means a Hong Kong company or a non-Hong Kong company. (Added 30 of 2004 s. 2)[4] and s168 BC (1) only allows the members of specified corporations to take SDA. As mentioned above, there are a large number of companies (Around 80% according to the HKEX) incorporated outside Hong Kong but with Hong Kong shareholders. It can be inferred that amongst those huge number of companies many have no place of business in Hong Kong, which are neither Hong Kong companies nor non-Hong Kong companies within the definition of specified corporation. Therefore these offshore companies do not qualify under sec. 2 hence sec. 168 BC (1) cannot apply. Analyzing sec. 2 and sec. 168 it is established that shareholders of offshore companies can only apply the CDA because the CDA does not have similar restrictions. The CDA is the only way to help minority shareholders in overseas company therefore Hong Kong should preserve the CDA. The authors recognize that the CDA has high huddle to prove, high costs to incur and complex procedure to apply. However shareholders of offshore companies can only use CDA and we should not deprive the right to use CDA just because that it is complex to use. That is not the purpose of legislation and the spirit of law to develop a fair society. After all, complexity to get the remedies is much better than no way to get the remedies. The CDA can preserve the ability of the members of foreign companies to bring a derivative action in Hong Kong. The rights of these Hong Kong shareholders of such offshore companies to bring a CDA as one more option to defend their own interest may be deprived once CDA is abolished, thus CDA cannot be enforceable in the courts of Hong Kong in any events which is not fair to them. Moreover the existence of CDA also provides a deterrent force to proposed offenders such as offshore companies’ directors seeking for self-interest. 2. 3 The International Context of Derivative Action The judgment given by Ribeiro PJ in the Waddington case might be the most direct fuse for this issue (para. 32)[5]: The co-existence of both the statutory and common law regimes is unusual in an international context and is a source of confusion and complication. It would appear to be appropriate for the statutory regime to replace the common law derivative action altogether. This question deserves to be addressed by the Administration and the Legislature as soon as possible. He addressed that the co-existence is unusual and might raise confusion. This concern is further addressed in the consultation paper. The discussion here then will start with these points in 2. 3 as well as 2. 4 and expand to the inherent weaknesses with CDA in 2. 5. As is mentioned by Ribeiro and the consultation paper, it is unusual in an international context for both the SDA and the CDA to co-exist. So that practices in other jurisdictions where common law applies are reviewed as a reference. Actually, in contrast to Hong Kong, many jurisdictions replaced the CDA after the introduction of SDA. [6] [pic] Take New Zealand as an example, in its s 165(6) Company Act 1993, it regulates: Except as provided in this section (this section refers to section 165 which deals with statutory derivative action), a shareholder is not entitled to bring or intervene in any proceedings in the name of, or on behalf of, a company or a related company. [7] Apparently, the CDA is excluded. However the authors further notice that all above countries are representative ones in terms of developed western countries. The fact that many common law jurisdictions abolish CDA cannot prove the reasonableness of the abolition. This just represents what the situation is in western countries but not represent what we should do in Hong Kong. We should notice that HK has very different economic and political environment as those western jurisdictions and cannot just copy what they do. Thus people cannot suppose this of great value of reference for Hong Kong. Therefore Singapore and Malaysia may be of much more value when considering whether or not abolishing the CDA after introducing the SDA. These three common law jurisdictions have many similarities. All these three are in the Southeast Asia whose economy took off during 1970s and then the structure of the society changed and attention are more focused on developing financial centre and attract more foreign direct investment. Foreign companies are welcomed to be listed in the stock exchanges and local residents get involved in these financial transactions. The economy in these three jurisdictions is now facing similar pressure and the protection of minority shareholders’ is of great importance in order to make the public confident n the financial markets and the economy. Similar stock exchanges, similar financial positions and similar fiscal policies make it valuable to consider what Singapore and Malaysia does in terms of the derivative action when consider the legislation in Hong Kong. Both Singapore and Malaysia preserves CDA after introduction of SDA. Take Singapore as an example it adopted the SDA in its Com panies Bills sec. 216 A and sec. 216 B in 1993 however it still keeps the CDA and only regards the SDA as an addition to the CDA to make the sets of derivative actions complete. [8] Different jurisdictions should consider their own specific situations and only refer to other jurisdictions of the same economy and political situations to establish or revise for the most effective legal system. Regarding to Singapore and Malaysia, as well as the unique situations of Hong Kong to build an international financial centre, the CDA should be preserved at this stage to make sure each investor can be granted sufficient right to protect their investment and make sure that Hong Kong has healthy financial markets and regulated companies’ behaviors. 2. 4 Confusions and Complications Arisen without CDA The second claim made by the CFA in Waddington case is that the co-existence of the SDA and the CDA is a source of confusions and complications. [9] The as was addressed in the Consultation Paper in 2003, the CDA and the SDA differ not only in terms of form, but also in substantive issues. Under SDA, a member could, with leave of court, take the company to the court. According to s168BC (3), grant of leave requires: the action appears prima facie in the interest of the company; a serious question to be tried; the company is actually not acting; and there is a written notice. On the other hand, under CDA, the exceptions to the Foss rule must be proved. Where ultra vires acts, special resolution, infringement of rights, fraud on minority must be proved and satisfied. In addition, the effects of ratification by the board of directors also differ. The most confused part might be that the company is the plaintiff under SDA whilst a defendant under CDA. Some scholar mentioned in his work that: The retention of common law may even create the uncertainty and confusion as to what constitutes the lex fori. [10] Recall that in New Zealand, the CDA is abolished. B. Matthew argued that one of the intentions is to avoid confusion which was raised in an early Canadian case Rogers v Bank of Montreal. : To avoid the uncertainty of whether a derivative action may be brought under the oppression remedy as well as via the statutory leave procedure, and whether the statutory leave requirement acts to the exclusion of actions under one of the exceptions to Foss v Harbottle. [11] However the authors do not regard the above confusions will be sufficient reasons to abolish the CDA. The following are the arguments of some general discussions. 2. 4. 1 General Discussions The co-existence arrangement of the CDA and the SDA has been in place for about 5 years since July 2005, it has not caused any major legal problems. It has never been a source of confusion and complication. Besides, Section 168BC (4) states that the SDA provisions â€Å"shall not affect any common law right of a member of a specified corporation to bring proceedings on behalf of the specified corporation†. 12] In other words, unlike the law in other jurisdictions which abolishes the CDA, the Bill allows the co-existence of the CDA and SDA. This has been done because Hong Kong is unique in the sense that there are a large number of companies incorporated outside Hong Kong, but with Hong Kong shareholders. And there are also safeguards in the Company Ordinance to prevent duplicative CDA and SDA under section 168BE and section 168BC (5) which are reproduced as following. Section 168BE: Where leave has been granted to a member of a pecified corporation under section 168BC(3) and the member, in the exercise of any common law right, subsequently brings proceedings on behalf of the specified corporation in respect of the same cause or matter, or subsequently intervenes in the proceedings in question to which the specified corporation is a party, the court may— (a) order to be struck out or amended any pleading or the indorsement of any writ in the proceedings brought under the common law, or the intervention under the common law, or anything in such pleading or indorsement; and (b) order the proceedings brought under the common law, or the intervention under the common law, to be stayed or dismissed or judgment to be entered accordingly. Section 168BC (5): The court may dismiss an application for leave under subsection (3) if the applicant has, in the exercise of any common law right. [13] This shows that in 2004 when amending the Companies Ordinance, the legislator had expressed concern over this problem and tried to avoid confusion. Thirdly, no such confusions regarding which derivative action to use will actually arises because members of private and non listed companies will of course choose the SDA since it is much more convenient and those shareholders of listed companies and offshore companies will of course choose the CDA since they cannot use the SDA therefore we do not see much possibility of confusions arising because of the co-existence. Therefore we should preserve the CDA. 2. 4. 2 The MDA Currently we can take multiple derivative actions (MDA) only under CDA as affirmed by the decision made by Court of Final Appeal in Waddington Ltd v Thomas Chan Chun Hoo. Waddington case introduced a very important way for minority shareholders of the associate to sue the directors of the specific corporation however that case is based on CDA. Although in response to the comments made by the Court of Final Appeal in that case, the extension of SDA to cover MDA has been considered by Standing Committee on Company Law Reform (SCCLR) recently, it has not been really passed yet now. Once we abolish CDA which is the legal basis of MDA Waddington will not longer apply and MDA may come to an end. Therefore that will become a source of confusions as people may wonder whether MDA can be used without the CDA. Therefore the rights of concerned person have to be safeguarded before the legislation of MDA. It is therefore safer to preserve CDA at this stage to protect the rights under the MDA and avoid confusions. 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage Now comes the inherent weaknesses and drawbacks with CDA which can actually be ignored. First, the Foss rule is complicated and instable. Someone even call the Foss rule the deepest mystery of company law. 14] The rule is obscure and outdated. Much of the cases were decided years ago and it’s hard to reconcile all those decided cases. As Parlie Choo mentioned in his work what exactly amounted to a fraud on the minority has been conflicting and difficult. [15] The importance and extent of ratification was unclear And also, the court seems unwilling to get involved with the internal management of companies. [16] Some exemptions are actually hard to be satisfied constitute the second weakness of CDA. Exemptions must be proved under CDA, failing to do so the plaintiff failed the trial. Fraud on minority might be the most representative one. The court will collect shareholders’ opinions as to decide whether fraud exists. In cases where the wrongdoer is also the controlling shareholder, this is extremely difficult to prove. So injustice exists when the wrongdoer got the majority control. The problem is most severe with listed public companies. Thus, CDA easily fails to protect the small shareholders effectively which means it fails the initial purpose of derivative action. Last but not least, in most cases, the costs of the proceedings must be borne by the individual or minority shareholder who commences the action. As we recall from previous, the degree of evidence differs under each scenario. And we make the assumption that the more evidence to be collected the higher cost. Under SDA, the hurdle is actually low and the company may take over the case as well as the cost. However under CDA, the exceptions are very strict requirements and the shareholder is responsible for the case from the beginning to the end. As Dr Y. C. Choong said, under CDA cost can be crippling as they have to show that he has the locus standi (the right) to sue in a preliminary hearing. [17] However as we say above those people can choose the SDA for easy legal proceedings but those people who cannot use the SDA have to use the CDA. And we should not deprive their rights just because that the CDA is relatively complex. Therefore these issues can be regarded as minor issues and should be ignored at the current stage since the Companies Ordinance has not been perfect. 3. Preserve the Common Law Derivative Action in Hong Kong On the balance of the above five issues the authors think that we should preserve the CDA in Hong Kong at the current stage. 4. Further Recommendations 4. 1 Slight amend the Companies Ordinance 4. 1. 1 Option1[18] Abolish the CDA for specified corporations since the shareholders of those companies can use the SDA. Keep the CDA for offshore companies. Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 1. 1 Option2[19] Extend the SDA to overseas companies and abolish the CDA. any person who, to the satisfaction of the court, has an interest in the relief claimed in the proceedings, whether legal or equitable. [20] Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 2 Regulate the offshore compani es Hong Kong may amend the Listing Rules to require the offshore companies to sign to accept the regulation of Hong Kong Statue therefore the minority shareholders may be able to sue under the SDA. However even that is the situation the directors may not have the assets in Hong Kong and remedy is still hard to get in practice. Therefore we have the third suggestion which is a similar legal system in the Region 4. 3 Similar law system in the Region Once the law in different jurisdictions becomes much more similar offshore companies are of course regulated and minority shareholders’ rights are well protected because similar legal system in the Region can enhance the cooperation between Hong Kong and neighbor jurisdictions in terms of executing the statue and order granted by the court. Or maybe even better the similar legal system will make Hong Kong court judgments have binding effect on the offshore companies and then in practice the remedy can be got much easily than the current CDA model. 5. Conclusions In this paper we response to the Question 7 of the consultation paper and our answer is we should preserve the CDA currently. We consider five aspects and rationally prove that the CDA should be preserved in respect of each aspect. Although the authors prefer to preserve the CDA, further suggestions are also provided for future improvement of some current practical weaknesses in terms of derivative action in Hong Kong. References The statutory derivative action: now showing near you, Paul von Nessen S. H. Goo Chee Keong Low, 2008, Journal of Business Law Griggs, L. (2002). A Statutory Derivative Action: Lessons That May Be Learnt From its Past. Retrieved April 2010, from Australasian Legal Information Institute: http://www. austlii. edu. au/au/journals/UWSLRev/2002/4. html Li, X. (2006). nbsp;

Is there evidence of life on martian meteorites

Abstract The acceptable reality for now is that no research has managed to conclusively show or document that there is life or no life in Mars. This research paper is of the opinion that the argument about life or lack of it in Mars should seize, until such a time when conclusive evidence to support arguments on either side will be attained. Until then, researchers need to do the hard work of verifying or refuting existing theories and counterchecking any new evidence that could be contained in the Martian meteoritesAdvertising We will write a custom essay sample on Is there evidence of life on martian meteorites? specifically for you for only $16.05 $11/page Learn More Is there evidence of life on Martian meteorites? According to Buseck et al, Nanocrystals of Magnetite(Fe3O4) compounds in meteorites found from mars are the strongest, yet the most controversial indicators that there is extraterrestrial life in Mars(13490). The allegation attached to the Fe3O4 is that they resemble crystals found in Meteorite ALH84001, which are formed by specific terrestrial bacteria. The ALH84001 was found in the Antarctica and later recognized as meteorite whose origin was Mars(Mckay et al 924). McKay Et al authored startling report based on chemical and structural features of ALH84001 (295).The report indicates that there was indeed life in mars. McKay Et al based their arguments on four chemical and structural features of the meteorite and although they admitted that the individual features could not prove their allegation, they sought to convince the general public as well as scientists that the four features taken collectively were evidence enough that there was indeed life in Mars(Friedmann et al 562). The first basis for their conclusion was the â€Å"igneous Mars Rock†. According to their report, the rock was of unidentified geologic context and had pores and fractured spaces that were permeated by a fluid. Their second reason was t hat the igneous rock was older than the carbon globules found there in. The third reason was that the TEM and SEM images captured of the carbon globules had features that resemble microfossils, terrestrial-biogenic-carbonate structures, and terrestrial micro organisms. Fourth, the Fe-sulfide and magnetite particles indicated that the oxidation and other reductions reaction had occurred on the compound, thus indicating the presence of microbial systems and finally, there were Polycyclic Aromatic Hydrocarbons(PAHs)on the compound thus indicating that its original surface(Mars)had carbonate globules(McKay et al 930). Buseck et al, notes that although the McKay et al theory has been criticized and largely questioned, no one scientist or researcher has been able to disapprove it(13490).The report starts by acknowledging the fact that the 1975 Viking lander experiments managed to negate the possibility that there was life on Mars. However, the report states that the conclusion from the te sts cannot be meant to conclude that there was absolutely no life in Mars. This was especially because the Viking experiments were too localized to offer a conclusive report regarding life or lack of it in Mars(McKay et al 924).Advertising Looking for essay on astronomy? Let's see if we can help you! Get your first paper with 15% OFF Learn More The deduction by McKay Et al that meteorite ALH84001 has enough evidence regarding life in Mars has been criticized by many scientists with Thomas-Keprta et al(2164) saying that the evidence offered was based on â€Å"presumptive bio-signatures†. In their own research, Thomas-Keprta et al classified Fe3O4 crystals and identified them to be similar to the intracellular magnetite released by MV-1(a magnetotactic bacteria-strain). In the research, Thomas Keprta et al states that the magnetite populations are chemically pure and from a single-domain(2164). They also observe a â€Å"unique† crystal habit, which they def ine as truncated hexaoctahedral(2164). They argue that since there are no known reports which could explain the truncated hexaoctahedral observations, the presence of the MV-1 strain of bacteria was most likely as a result of Natural selection rather than organic activity. They however argue that the only possibility where the magnetite crystals could be used to indicate that there is life in Mars, is if there are â€Å"unexplained inorganic processes on Mars that are absent on Earth and hence forms the truncated hexa-octahedral magnetite† (2165). Overall, Thomas-Keprta et al manages to support rather disapprove the McKay et al deduction that the ALH84001 is an indicator that there is life in Mars. Their argument does not however go unchallenged. Buseck at al, states that the â€Å"Truncated hexa-octahedral† crystals they refer to are not as unique as they make people to believe (13494).Buseck et al argues that the term means that the crystals of ALH84001 have a combin ation of octahedron, dodecahedron and cube faces. These according to them had been observed in other meteorites and hence were not a unique aspect at all. Buseck et al(13490) criticizes both studies done by Mckay Et al(929)and Thomas-Keprta et al(2165) saying that the two arguments are flawed. He claims that without the micro structural or chemical evidence to back the allegation that the features in the ALH84001 are indeed magnetite crystals, then any evidence produced thereafter is inadmissible. He further argues that magnototactic bacteria are ever-present on the Earth, despite the fact that intact chains of the nano-sized magnetite crystals from such bacteria are hard to find in earthly geological samples. As such the intact chains as found by McKay et al(925)would be hard to find because it would be unlikely that they would survive biological processes. Friedman et al acknowledges that it is quite difficult to understand how the magnetite chains hypothesized by McKay et al surv ived in their intact form(2176).This only serves to cast further doubt on the allegation of McKay et al and subsequent research conducted and documented by other authors like Friedman et al and Thomas-Keprta Et al(2164-2169).Advertising We will write a custom essay sample on Is there evidence of life on martian meteorites? specifically for you for only $16.05 $11/page Learn More Golden et al neither refute nor support the allegation by McKay et al(370-375).They however proved that just as much as the formation of carbonates, sulfides and magnetite on ALH84001 could be attained in temperatures that support life, the same can be formed inorganically. Golden et al through a combination of precipitation and heating processes developed simple inorganic process, which they claim can offer an alternative explanation to the carbonate, Fe-sulfide and magnetite found in the meteorite ALH84001(370). The acceptable reality for now is that no research has managed to conclusively show or document that there is life or no life in Mars. This research paper is of the opinion that the argument about life or lack of it in Mars should seize, until such a time when conclusive evidence to support arguments on either side will be attained. Until then, researchers need to do the hard work of verifying or refuting existing theories and counterchecking any new evidence that could be contained in the Martian meteorites. Discussion By2007, there were 12 meteorites that had been studied or still were being studied for ingredients that would suggest life on Mars. The meteorites were thought to have originated from Mars due to their unique(often peculiar) chemistry (Kimball 1). Of all the 12, the ALH84001 has been the single most meteorites subjected to extensive study. The three most cited ingredients in the ALH84001 that suggest that there could be indeed life processes in Mars are the presence of PAHs. However, scientists note that PAHs are not unique to met eorites from Mars only. According to Kimball, meteorites from other places in the solar systems are known to have PAHs too even though it has been established that there are no traces of life there(1). The mineral within the meteorite(magnetite, carbon and Fe-sulfide)is the other indicator that some scientists use to suggest the presence of life activities in Mars. However, as seen above, some researchers have proven that it is quite possible to generate the minerals without biological processes. The time that the minerals were deposited in the meteorite is also suspect because as Kimball(1)indicates, the minerals seems to have been deposited in the specific rock later in its history, which raises the question, is it possible that the rock picked the minerals on earth rather from its origin? Stephan et al notes that the rock had fusion crusts, and mineralogical and well as chemical differences(113). These differences could have led to the contamination of the inner rock through the cracks, which could have happened during handling or in the Antarctic environment before the rock was discovered.Advertising Looking for essay on astronomy? Let's see if we can help you! Get your first paper with 15% OFF Learn More An answer to this question is provided by Stephan et al, who after a study concluded that it was highly unlikely that the PAHs in the ALH84001 had an extraterrestrial origin(113). The study further provided evidence that the meteorite was contaminated by lead, which is evidently a terrestrial material. Studies by Golden et al also allude that ALH84001 continues to be contaminated with terrestrial microbial materials hence suggesting that ‘maybe’ the PAHs had been picked in its Antarctica location (374). The third reason that some researchers like McKay et al (924) and Thomas-Keprta et al(2164)suggests indicates some signs of life are the objects that resemble fossils in tiny micro-organisms when observed under a microscope. This argument is however discredited by Kimball, who argues that the fact that the largest of the â€Å"nano-fossils† got from the rock had a diameter of 100 nanometers, is evidence enough that it does not have the necessary volume to support life(1).The Smallest microorganism on earth is the Mycloplasmas and has 300 nanometer diameter. Scientists indicate that a micro-organism would need at least a 200 nanometer diameter in order to support life (Kimball 1). In addition to the ALH 84001 meteorite, other meteorites of Martian origin include â€Å"Shergotty, Nkakhla and Chassigny†. Nakhla was the first meteorite of Martian origin to be found on earth(Glavin et al 8835), and just like the LAH84001, the meteorite contained carbonates and some hydrous minerals. Research on Nakhla indicated that the rock had been exposed to some aqueous solutions after its formation, and this was the first indication that researchers need to conclude that in deed there were aqueous processes on Mars. The length of time that such processes persisted however remains a pertinent question to this day. As opposed to ALH84001 meteorite which had an estimated terrestrial age of almost 13,000 years, the Nakhla meteorite fell on 9 am 40 kilomet ers to the East of Alexandria in Egypt in 1911. The fall was observed and most of the specimen rocks were collected within days of the fall (Glavin 8834). On observation, Nakhla was found to contain d-amino acids, which were not present in the ALH84001 meteorite. According to Glavin et al, the d-amino acids were not extraterrestrial in nature and had been deposited into the rock when it hit the ground in the Nile region (8836). This conclusion was reached because in addition to finding similar d-amino- acids around the Nile soil, the amino acids would have been racemic if they were formed on Mars(Glavin 8836). The D/L ratios, which could have determined the amino-acids of Martian origin in the rock, were not possible due to the low concentration of the same. Another meteorite EETA79001 was found to contain l-enantiomers components of amino-acids (Mcdonald Bada 1179).Such are common in proteins and thus indicated that this rock too had been exposed to terrestrial contaminants, speci fically from the Antarctic ice where the meteorite had been collected. Is (was) there life in Mars? According to Glavin Bada, life in Mars just like on earth would be possible in the presence of water and â€Å"a continuous supply of pre-biotic organic compounds†(1022). The exogenous delivery of meteorites on earth from Mars has given researchers and scientists the chance to determine if indeed there was or there is life in Mar. Unfortunately this is not always possible due to the exposure of the meteorites to different substances as they fall to earth and on impact with the earth. Other attempts to identify whether there is life in Mars collectively known as the Viking Studies involved the placement of television cameras on Mars surface to detect any presence of life. This turned no results. Gas chromatograph and Mass spectrometer were also used for purposes of checking the Martian soil for organic molecules. This too showed negative results. The labeled-release equipment w as set up to check for catabolic activities by microorganisms that could be present in the Martian soil. Again, the result for this was negative. The Pyrolytic-release experiments turned negative too and had been set to capture any anabolism evidence that could be generated by microorganisms that would be in the Martian soil. Finally, a gaseous exchange experiment was conducted on Mars but showed no biological evidence in gaseous formation. The Viking studies showed that there were no signs of life in Mars(at least not as we know it one earth). However, the meteorite evidence could be a possible answer to the question that has been nagging scientists for decades now. Conclusion Although there is a possibility that there is evidence contained in the Martian Meteorites that life was or still is in Mars, researchers face enormous challenges in proofing the same. The single most challenge lies in avoiding the exposure of Martian meteorites to terrestrial environments. Right from Nakhla to ALH84001,it is evident that terrestrial environment is able to affect the rocks thus making it even harder to determine if the observations made on such are endogenous or simply as a result of the contamination from terrestrial environments. Evidently, whether there is life on Mars or not is a subject that needs more research. Unfortunately, studies by (Buseck et al 13492; Golden et al 375)indicates that meteorites like ALH84001, Nakhla and EETA79001 show different components between different researches thus indicating that their exposure to the terrestrial environment is making them less valuable for research as the days go by. As indicated in my thesis statement, researchers should concentrate on deciphering any evidence to either side, which can be deducted from the available meteorites. Works Cited Buseck, peter, Dunin-Borkowski, Rafal, Devouard, Bertrand, Frankell, Richard, McCartney, Martha Midgley, Paul. â€Å"Magnetite Morphology and Life on Mars.† The Natural Ac ademy on Sciences.98.24 (2001):13490-13495 Friedmann, Imre, Wlerzchos, Jacek, Ascaso, Carmen Winklhofer, Michael. â€Å"Chains of Magnetite Crystals in the Meteorite LAH84001; Evidence of Biological Origin.† Proceedings of the National Academy of Sciences of the United States of Americ. 98.5 (2001):2178-2181. Glavin, David, Bada, Jeffrey, Britnton, Karen McDonald, Gene. â€Å"Amino Acids in the Martian Meteorite Nakhla† Geochim Cosmochim Acta 96.16(1999):8835-8838. Glavin, David Bada, Jeffery. â€Å" Isolation of Purines and Pyrimidines from the Murchison Meteorite using Sublimation.†Lunar and Planetary Science Xxxv (2004):1022-1023. Golden, David, Mind, Douglas, Schwandt, Craig, Lauer, Howard, Socki, Richard, Morris, Richard, et al. â€Å"A Simple Inorganic Process for Formation of Carbonates, Magnetite, and Sulfides in Martian Meteorite ALH84001.† American Mineralogist 86.1(2001):370-375. Kimball, John. â€Å"Is(was) there life on Mars?† Aug. 2007.10 March 2010. Web. McDonald Gene, Bada Jeffery. A Search for Endogenous Amino Acids in the Martian Meteorite EETA79001.Geochim Cosmochim Acta. 59.6 (1995):1179-1184. McKay, David, Gibson, Everett, Thomas-Keprta, Kathie, Vali, Hojatollah, Romanek, Christopher, et al. â€Å"Search for past Life on Mars: Possible relic Biogenic Activity in Martian Meteorite ALH84001.† Science 273.5277(1996):924-930. Stephan, Thomas, Jessberger, Elmar, Heiss, Christian and Rost, Detlef. â€Å"TOF-SIMS Analysis Of Polycyclic Aromatic Hydrocarbons in Allan Hills 84001.† Meteoritics Planetary Science 38.1(2003):109-116. Thomas-Keprta, Kathie, Clemett, Simon, Bazylinski, Dennis, Kirschvinki, Joseph, McKay, David, et al. â€Å"Truncated hexa-octahedral magnetite crystals in ALH84001: Presumptive Bio-Signatures† Proceedings of the National Academy of Sciences of the United States of America 98.5(2001):2164-2169. This essay on Is there evidence of life on martian meteorites? was written and submitted by user Isabell Wilkinson to help you with your own studies. 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Free Essays on Extremist Groups

from the Koran out of context and blow everything out of proportion so they can manipulate other people to believe in the false ideals.... Free Essays on Extremist Groups Free Essays on Extremist Groups How the extremist (misplaced zeal) of the Al-Quede groups could be explained as growing out of the basic spirituality of Islam? The Koran is the Muslim’s holy book is meant to give us history of the world and let all mankind live with good moral standards. However, not all people maintain these standards in their day-to-day living. Muslim’s are religious people and believe the words of the Koran. The average Muslim is anti-violence and does not even want to be associated with any beliefs of the Taliban. Since the violent attacks on September 11, the Muslim’s have been trying to protect their reputation and hope that people realize they are not violent and that they are totally against this vicious attack. The Taliban considers themselves Muslims, even though they do not follow the terms of the Koran. They can be compared to another extremist group know as the Ku Klux Klan. Both groups rearrange their religious beliefs so they can use it in negative ways. They are taught and sometimes even raised from childhood to follow the steps of their evil beliefs. They would even sacrifice their own lives for these beliefs. When the Taliban does not get what they want, they usually hurt innocent people who have nothing to do with the actual problem. If they had a problem with people in the government, they should go after the government, instead of innocent people. The problem with these groups is that once they have a taste for power, they will never stop. They take the words from the Koran out of context and blow everything out of proportion so they can manipulate other people to believe in the false ideals....

Summarize an approved scholarly article regarding any topic in the new Assignment

Summarize an approved scholarly article regarding any topic in the new testament - Assignment Example Indeed, it is not only the dwelling place of God’s name, but an important place of pilgrimage of the ancient Jews that they had to visit three times a year. Furthermore, the figure of the Temple is inseparably connected to eschatology in the Old Testament, making of the most important part of the text. According to the article in question, the connection between Jesus and the Temple is the most understandable in the case of cleansing the Temple. This action shows that Jesus positioned Himself as the new Temple. When being asked to perform a miracle, He noted that He is able to destroy the Temple and restore it in three days. The text shows that this is a direct reference to the future events, namely crucifixion and resurrection. In addition to that, it should be noted that many of the important characters in the Scriptures were connected to the symbolism of the Temple. For example, the Tabernacle of Moses and Jacob’s sanctuary at Bethel. The article notes that active ministry of Jesus is closely connected to the Temple. The author notes that there is a big difference in the text of the Holy Scriptures between words signs and mighty deeds and the first is used to describe the actions of Jesus. In addition to that, there are many signs that are associated with Israel’s liturgical feasts, for example the Passover. The use of the word sign is so numerous in the first part of the Gospel of John that some scholars divide it into the Book of Signs and the Book of Glory. Baptism constitutes another important concept. It is referred to as action of being born again with the help of water and Spirit. One of the major themes with this regard is the connection between earthy and heavenly nature of a person who is being baptized as the latter is largely regarded as spiritual birth. The authors noted that the second Passover that depiction of which involved Jesus is seen in the episode when He fed 5000 people. This is the situation that explains the latter word of

Business Research Assignment Example | Topics and Well Written Essays - 1500 words

Business Research - Assignment Example Article by Ferratt, Agarwal, Brown and Moore is also focused on the HRM related issues with IT and explore the question of whether the different IT HRM configurations are associated with different IT staff turnover rates. This question therefore attempts to link the strategic view of HRM and how IT can effectively contribute towards its development at the organization wide level. The overall arguments behind the key research question are based upon the view that Human Resource of an organization serves as a strategic asset and should be dealt strategically. Article by Ang, Yee, Koh and Joseph also explores the major question of IT employee turnover and how different factors such as availability of better job alternative as well as lack of desire to move or switch the job can affect employee turnover. The overall context of the research is therefore based upon linking the peculiar factors related with IT professionals and resulting employee turnover. Theories and Methods Lapointe and Rivard use extant model of resistance to the implementation of information technology however, they have also discussed the interaction theory in order to describe the theoretical foundations for describing resistance and its interaction with Information technology. ... Ferratt, Agarwal, Brown and Moore however, have used the general arguments in favor of the use of human resource as the strategic asset for the firm. However, authors have also used configurational theories to find out the strategic relationship between the different IT HRM configuration and employee turnover. Authors have also used correlation analysis to explore the correlation between different components of configuration with the turnover. Ang, Yee, Koh and Joseph use narrative review as a research method to understand and explore the turnover of information technology professionals. (Joseph, Ng, K, Koh, & Ang, 2007). By using meta-analytic techniques authors have actually explored various relationships. Narrative review offers an insight into different turnover theories including Met expectations theory, Linkage Model as well as job embeddiness theory to discuss turnover of the IT professionals and how the overall increase or decrease in turnover can actually affect an organizat ion. Methods such as Meta Analytic Structural Equation Modeling techniques have also been used in the meta-analytic review of the underlying research questions. Main contribution and findings Lapointe and Rivard’s article suggest that during the process of implementation of the information technology the overall group resistance vary. At different stages of the implementation the overall response could change and as such the overall resistance also changes as the implementation process passes through different stages. It has also been concluded that the level of resistance change as the perceived threats from the implementation of the same also change and as such group wide resistance could make significant difference in the overall implementation process of different IT related

Principles of marketing Essay Example | Topics and Well Written Essays - 2000 words

Principles of marketing - Essay Example P&G has always tried to position their product differently according to the changing need and preferences of the people. In the detergent market, marketers are launching their detergents in small easy to handle containers at low price. In this way marketers wanted to prove that they were charging less for more. P&G reduced their commercialization and increase their perceived value by introducing Tide with bleach, cold water Tide, Tide with bounce, etc. So by this it could be clearly assumed that P&G has an excellent marketing team to plan out such marketing strategies, so that it always remains the market leader. Table of Contents PRINCIPLES OF MARKETING 14 1 4 Mission, Vision and Objectives of Procter & Gamble 5 Mission and Vision 5 Objectives 5 Market Overview 6 Competitors 6 Customer Expectations 7 Consumer Behavior 7 Cultural Factors 7 Social Factors 8 Psychological Factors 8 Personal Factors 8 SWOT Analysis 9 Strength 9 Weakness 9 Opportunity 9 Threat 9 Marketing Mix 10 Product 10 Price 10 Place 10 Promotion 11 Conclusion 11 References 13 Mission, Vision and Objectives of Procter & Gamble Mission and Vision Procter & Gamble is one of the largest packaged product companies in the world. This fact has always motivated the company for their purpose inspired growth. The company's mission is to improve the lives of the customers round the world. The long term visions of Procter & Gamble are: The company wants to use 100 percent renewable and recycled material for the products and packaging. The plants of the company should be powered by 100 percent renewable energy. They want zero manufacturing waste to go to landfills. The company wants to design the products for maximum customer delight and conserving the natural resource (P&G, 2012). Objectives The company wants to win the customers, and help its leading brands to grow and expand into different countries. It wanted to focus mainly on the core business and build is strong global market leaders. The company al so has the objective maintaining growth and sustainability in different parts of the world. Market Overview In this study we would see the different aspects of the marketing principles and strategies with regards to a very popular brand of Procter & Gamble known as Tide. It is one of the most famous detergent brands of Procter & Gamble. It is one of the flagship brands of P & G. The basic policy of the company is to boost the sales and stimulate the customers to buy the products. This popular detergent was first launched in the market in 1946. The logo of Tide that we see today was slightly modified in 1996. P & G enjoys a well-established recognition in the developed countries of the world like United States, and Europe. The CEO of the company Bob McDonald announced in 2010 that they wanted to expand their markets and penetrate more into Chinese and Indian markets. Their aim is to reach the target of 1 billion customer base in these parts of the world. The closest competitor of P & G is Unilever and Henkel. In Figure 1 we can see that Tide is the market leader in the US detergent market among all the other brands and products of other companies. In fact, the P & G has the greatest market share among all the companies producing detergent. P & G has all its detergent brands in the top list of the consumers. Tide captures about 45 percent of the market alone. The other detergent brands capture 13 percent of the ma

Transformational leadership style of influence

Transformational leadership style of influence ABSTRACT This piece of work will critically evaluate the approaches of transformational leadership, which enhance employee well being. It will delve into the meaning of transformational leadership and the necessary leadership approach or style that can influence employee well- being positively at work, and areas of employee well- being the leadership approach will improve. Also the overall implication that employee well-being has on performance and why it should be a core value in any organisation will be analyzed. INTRODUCTION One of the current approaches to leadership that has been the focus of much research is the transformational approach. Transformational leadership is part of the new leadership paradigm, which gives more attention to the charismatic and effective elements of leadership. The transformational leadership involves an exceptional style of influence that makes employees to perform beyond expectation. And its approach usually incorporates the charismatic and visionary leadership.(Mullins 2007). The leadership approach is the best suitable for campaigning a strategic vision of change or a new work routines. It facilitates feedbacks learning because the leadership is an effective communicator, who can inspire commitment in the employees towards realisation of the firms vision. The employees under this leadership feels secured, a sense of trust is established and feels valued, respected and important hence they are ready to be committed to the organisations goal. The leadership motivates employees to overcome resistance to change since they trust the leadership; all fears of uncertainty are easily eroded. It is obvious that the leadership of where an employee served will go along a way to give value, emotionally to the employee or the reverse maybe the case. The leadership on focus here is one which will affect employee emotions positively and build trust within the relationship because, It is a leadership that value the employee and is mostly concerned in ensuring that the employee succeed in the task or organisation goal set. All businesses seek to be in a good state of well-being, since employee in a perfect emotional, psychological, intellectual and mental state of well-being will successfully perform at a high level and the company will remain efficient and profitable. We will consider some factors or approaches of the transformational leadership that gave it achievement in improving employee well-being. TRANSFORMATIONAL LEADERSHIP In recent years increasing business competitiveness and the need for the most effective use of human resources has resulted in writers on management focusing attention on how leaders revitalise or transform organisations (Laurie Mullins 2007). The transformational leadership uses strategic influences and techniques that empower employees and enhance their self-efficacy and change their values, norms and attitudes, consistent with the vision developed by the leadership which will positively enhance psychological well-being. On the other hand transactional leadership influences employees with the use of power, sanctions, rewards and formal authority to induce followers compliance behaviour (Bass 1985; CongerKanungo 1998) According to (Burns 1978) transformational leadership was defined as a process where leadership (employers) and followers (employees)engage in a mutual process of raising one another to higher levels of morality and motivation. Burns M. J was the first to bring about the concept of transformational leadership to prominence in his extensive research into leadership theories. Effective transformational leaders are those who inspires and According to Whitehead (Mullins,L. 2007) â€Å"the big word now associated with leadership is vision. The ability to see the bigger picture, to take the long-term view. What the ultimate objectives of the organisation are and how people can work together to achieve them..perhaps the most important attribute is that a good leadership inspires people by creating a climate where it is OK for people to make mistakes and learn from them, rather than what happened in the past which was to blame and punish them. Leading from this position, they gain higher level of commitment from their people than mere compliance†. As its name implies transformational leadership is a process that changes and transforms individuals. It is concerned with trust, emotions, values, standards and long term goals and includes assessing followers motives, satisfying their needs and treating them as full human beings. EMPLOYEE WELLBEING There has been many definitions of employee well-being by scholars and related professional bodies. The Chartered Institute of personnel development has defined well-being at work to be â€Å"creating an environment to promote a state of contentment which allows an employee to flourish and achieve at their full potential for the benefit of themselves and their organisation†. (CIPD 2006). The well-being in focus is more than that of physical health of avoiding falling ill or sick. This is as to do with achievement of personal well being that revolves round a number of positive decisions regarding life style, which is different from stress avoidance and not being able to cope. It represents a wider bio-pyscho-social spectrum that includes physical, emotional, mental, and social well-being. It is an initiative to help employee be more proactive at work in order to attain their full potentials-intellectually, mentally and psychologically. Well-being requires the organisation to actively enhance employees to maximise their psychological , intellectual and emotional state of health. The necessary leadership approaches are also of advantage to people at all level both inside and outside the working environment. It modifies the working environment to be highly productive, attractive and corporately responsible place to work. One being an employee will enthusiastically long to always be at work since its an environment that improves one state of mind for productivity, instead of the strictly transactional approach. Every employee prefers that leadership that cares and is ready to help develop you than the type that publicly criticise your flaws. According to Felce and Perry (1995), well-being;â€Å"comprises objective descriptors and subjective evaluations of physical, material, social and emotional well-being together with the extent of personal development and purposeful activity, all weighted by a personal set of values.† This is important because the definition extends the meaning of well-being to a range of different dimensions beyond the conventional health issues which can be stretched further to workplace. Employee wellbeing is an important factor in determining an organisations long term profitability. Many studies show a direct relation between productivity levels and the employee well-being. A happy and healthy employee will be of benefits to the employer since performance will be good, reduction in absenteeism and organisation can achieve the set goals or target. However employer does not necessarily have to focus only on the physical health conditions but more on the mental, psychological and emotional health conditions of employees.(CIPD 2006). To be organisationally effective, employee well-being needs to be part of a regular business dialogue and to be deeply embedded into an organisational leadership culture. And the leadership that has embedded employee well-being in its culture, style and approach is the transformational leadership. Organisational wellbeing involves many things but the most important of it is employees having meaningful and challenging work and having the opportunity to apply their skills and knowledge in effective working relationships (CIPD 2006). TRANSFORMATIONAL LEADERSHIP APPROACH ENHANCING EMPLOYEE WELLBEING. Researchers have critically measured the approaches of transformational leadership through different ways, by interviews, questionnaires with employees in various organisations and it has been observed from the findings that the leadership has employ the following instruments in enhancing employee well-being at work. According to (Bass1998),the transformational leadership motivates employees/followers to do more than is originally expected and the extent of this transformation is measured by the effectiveness on employees performance. EMOTIONAL INTELLIGENCE The ability to perceive, observe, and manage employee emotions will enhance a foundation for social, emotional, and intellectual competencies of well-being, which is necessary for high performance on the job. It is ability that transformational leadership can use to improve productivity and psychological well-being in employees. This could be described as a type of social intelligence that involves a sensitive approach of monitoring and observing employees feelings and emotions, in order to use the observation to assist the employees thinking (mental) and action; that is working pattern for good job performance (Salovey Meyer 1990). According to (Fleishman Harris 1962) leadership with the ability to establish mutual trust, respect and good relationship among employees will achieve great productivity. TRUST Every relationship requires trust to survive, if the employees can trust the leadership under which they work, employees will turn out to be proactive on the job and winning the hearts of employees to any new change, lies in the ability of the leadership to influence which will be easier when there exist trust between the two parties. This is an approach a transformational leadership possessed that allays all fears and any form of suspicion from the employees towards their leadership. Building a good relationship like that of a transformational leadership is what makes it easy for trust to and loyalty to grow and employees embrace any new policy set by management and work without any form of threats or unknown anticipated fear. This invariably gives an employee a stable emotional state of mind to perform better. CHARISMATIC APPROACH Transformational leadership behave in ways that allowed them to serve as role models for employees. (Bass,1985) . The leadership is admired, respected, and trusted. Employees are proud to identify with the leadership and desire to imitate them. The leadership is viewed to be possessing extraordinary abilities, persistence and determination. This style is often a natural behaviour of transformational leadership, whose idealised influence emphasizes on having a collective vision by reassuring employees of the fact that , obstacles can be overcame. This leadership can be trusted to do the right thing and to demonstrate high standards of ethical and moral conduct. Invariably employees have confidence in their leadership. INSPIRATIONAL/ MOTIVATIONAL Transformational leadership behaves in a manner that motivate, inspire and encourage the people working with them by providing meaning and challenge to the employees work. This leadership gets work going by being enthusiastic and optimistic and get employees involved in envisioning attractive future states, by creating clearly communicated expectations that employee needs to meet and also show commitment to goals and shared visions.(Bass. B and Riggio E. 2006). According to (Mullins 2007) its been observed by researchers that, for the past30 years there has been increasing amounts of data to suggest that leadership has a lot more to do with inspiration and visions than with straight forward technical competence. INDIVIDUALISED CONSIDERATION This is a leadership approach that listens, and value an employee, in order to give them a sense of belonging in that the employee feels like an integral part of the organisation (Boorstin 2004) from Bernard Bass . Transformational leadership is leadership felt throughout the organisation. It is obvious that employees perform better when they are respected and valued by the leadership. Obviously this leadership style or approach goes a long way to enhance the psychological well being of employees positively and result to greater excellent performance. Every individual loves to be given consideration, which gives them sense of value, and when given a fair hearing puts the employee in a good shape of mind psychologically and emotionally to obtain an excellent performance on the job. A two- way communication is encouraged where management is near to the employee, (the leadership remembers previous discussions, is aware of individual concerns and sees the individual as a whole person rather than just an employee), Bass Riggio. This type of leadership listens effectively and gives special concern to the emotional developmental needs of their employees. INTELLECTUAL STIMULATION Transformational leadership work on the intellectual strength of the employees by encouraging them to be creative and innovative. Soliciting new approaches for the performance of work and attending to task creatively are encouraged by the leadership. The leadership stimulate employees to view problems as challenge and not as obstacle. This leadership does not openly criticise or embarrass individual employees errors or shortfalls. Employees are encouraged to proactively come up with new ideas to solving problems and are not castigated in anyway, simply because their own ideas may differ from the management ideas. Undoubtedly speaking this approach goes along a way in positively stimulating, energising and productively improving the intellectual wellbeing of any employee. When the mind is at its peak or highest level of productivity, the performance will be unspeakably incredibly excellent and organisations image and reputation is improved, services also will be good and more patronage from customers, leading to more profit. However for the employee an environment where one can be productive enhances intellectual growth and a stable and balance mental well being is achieved. This approach mentally empowers an employee to be self dependent, self reliable, accountable and general self development to becoming an expertise is obtained. COACHING This is an essential style of transformational leadership, one leadership beyond the traditional supervisor or manager that tells someone what to do instead showing them how to do it. Coaching by extension is mentoring someone, influencing people by providing new knowledge and skills required for the task. Work activities dont put smile on peoples face, what brings the smile is leadership that mentored, taught and coached employees to be better persons. Transformational leadership pays special attention to each individual employees needs for achievement and self development by acting as a coach or mentor. Employee individual differences in terms of needs and desires are recognised and are therefore developed to successively higher levels of potential. This approach is more realisable in a supportive environment with new learning opportunities. Bass describes this approach further as a type where the leadership behaviour demonstrates good understanding of individual differences for in stance in a situation where the leadership give some employees more encouragement, some are more empowered, some more firm standards, and others possible more task structure. The leadership coach by task delegation and proper monitoring of it to develop the employee and give direction and assistance where necessary and assess the progress without employee feeling being overly controlled rather appreciate the leadership style of taking time to coach and mentor. EFFECTS OF TRANSFORMATIONAL LEADERSHIP ON EMPLOYEE WELL-BEING TO HIGH PERFORMANCE. Transformational leadership in its leadership style has effectively built trust between employees and management and this usually lead to a smooth and pleasant working relationship that does not give room to suspicion in case of any change in policy or organisational change. Employees trust the leadership and they in turn are committed and loyal to the organisation. The employee is in a perfect emotional state of mind, since there is no fear of unknown or any need to panic. However, the trust sometimes could lead to exploitation since leadership knows that employees so rely on every of their judgement this but its been argued that the integrity of the transformational is to ensure the individual development of the employees. This leadership cares and is concerned about the employees and also inputs the companys value in the minds of employee and constantly reminds them of the vision and goal to the realisation of a high performance. The leadership that gives attention to individual consideration is able to identify each individual strength and weakness and of course will be able to train and develop them without compares but handle them based on each persons capacity (the leadership give some employees more encouragement, some are more empowered, some more firm standards, and others possible more task structure according to their capability and needs). This leadership style improves the employee well-being psychologically since the employee is treated uniquely and not measured by the others standard or ability, it gives an employee sense of acceptance and is uniquely assessed and assisted where necessary. Employee is psychologically, emotionally and intellectually motivated to perform without fear of others is better, here employees are treated as ends and not just means.(Bass and Steidlmeier 1999). The more capable that leadership is able to recognise the personal interests and concerns of individual employee, the very likely leadership will be able to create a team where employee well-being is an integral part of getting the job done.(CIPD 2006 Journal). In a scenario where an employee under performs an emotional intelligent leadership like the transformational leadership is quick to observe that something could be wrong instead of criticising ,that leadership initiate a good relationship by communicating with the employee to know what the problem is. By so doing the employee is mentally, socially and psychologically restored, and of course performance will improve, resulting to organisational profitability. Thus, it is of necessity to reiterate that the well-being of employee goes a great way in affecting performance and in turn the organisations as a whole. The effect of intellectual stimulation on employee well-being cannot be overly emphasized. Employee is allowed to think independently, given room to be creative and allowed to do things in their own unique way which improves employee mental state of well-being. Generally speaking when there are strong relationships like that of a transformational leadership, between employees and line managers to the top managers and management as a whole, levels of well-being are enhanced. The level of performance will also be immeasurably excellent and the organisational goal is realised. One major effect of transformational leadership style is that it perfectly erodes power distance via the leadership style of delegation which gives employee a measure of autonomy to take decisions on the task delegated to be implemented. The leadership style encourages low power distance and create room for accountability and in over all gives opportunity for employees to be self efficient and of course an avenue to learn. Employees are to an extent empowered under this leadership and of course will feel valued and important, this feeling improve employees intellectual and psychological state, a feeling of empowerment and importance is essential for a positive psychological well-being. The leadership foster team work allowing every employee to participate and enhancing good relationship to the realisation of self efficacy and high performance. CONCLUSION The leadership approach has a great effect on employee well-being, because how one is been treated goes a long way in affecting the individual thinking and hence the behaviour. In order words, it is argued that transformational leadership should be a core value for organisations that will embed employee well-being in its culture and style of leadership.(Bass 1998). RECOMMENDATION I strongly recommend the transformational leadership style to be a core value to organisations in the embedding of employee well-being, based on my findings that it is the type of leadership that motivate, inspire, stimulate, and mentor employee to a mental, emotional balance and good psychological state of well-being, which will ultimately lead to a high excellent performance of employee productivity and to the organisations profitability advantage. I perfectly support the transformational leadership style in the embedding of employee well-being and recommend it to the Nigerian banking industry as particularly. However, my judgement is also based on my personal experience with my manager who has no single traits of transformational leadership in her approach, my manager was the type that does not have any relationship with the team, i was in the marketing team in the bank at that time, she does not listen to individual needs or concern, she announces and criticise the team errors, even individual weak point and it was always a sad moment at work because of her attitude, she was seen has a bully. When I changed job and joined stanbic bank, it was a different ball game altogether because the stanbic leadership style was very different, since the transformational leadership approach was a core value being an international bank. The transformational leadership style positively affected my intellectual, psychological, and emotional well-being, to the fact that i performed better and even got promoted. I will at anytime vote and argue in support of this leadership style because have been through it has an employee and i know how a good leadership can enhance employee well-being.