Monday, September 30, 2019
Cultural teachers Essay
Cultural teachers are about people who intently or otherwise came and left with time. Itââ¬â¢s about meeting and embracing interesting and less interesting characters who weaved some of my lifeââ¬â¢s cultural values. Itââ¬â¢s about friends who come and go in the passing of time and itââ¬â¢s them that shaped my individuality and identity. What ordinary people mostly see is not usually what my friends see in me. These people may see my exact opposite but it is only my friends who sees the real me. Before I met them, I had two sides of individuality- what I am and what I really am. But as my friends would say, there is nothing wrong with having two sides. What may be wrong is choosing a side and never show the other. The struggle of both sides was greatly handled by my friends. It was a long and difficult struggle but my friends helped me to end it in order for me to grow. Now that I have grown up, I realized that without the help of my friends, I would have not lived any cultural value up to now and I would have still remained a different person as before. As many would say, individuality has its own justification. If at some point oneââ¬â¢s individuality is questioned or criticized or discriminated against, so long as one does not interfere with other peopleââ¬â¢s lives nor deprive them of their own happiness, one owes nobody an explanation for what he does and for who he is. But through the critics of my friends, I was able to come up with the real me. And I salute them for making me the person I deserved to be. This experience can be linked to Geert Hofstedeââ¬â¢s Individualism wherein no matter how everyone stand out in their choice, in whatever means of comparison; still no one is different from everyone. Still you see the same differences with the person who may be sitting right next to you, getting his own share of lifeââ¬â¢s bittersweet moments. Inevitably, my enemies are my cultural teachers too. Yes, they are, in one way or another, but they donââ¬â¢t necessarily be specific persons but also things and situations that I perpetually consider as perpetual enemies such as cigarettes, junk foods, noisy places, heavy traffic, among others. They influenced us in all aspect of living. Somehow, my actions are being geared towards keeping away from these enemies. I see them as hindrances from my actions to achieve my goals. My thoughts are greatly influenced as well. Since I think of them as interruptions and intrusions, I tend to focus more on the things that will give me benefits instead. That is, showing my enemies that I am better off without them. Simply said, enemies challenge me to show off the best in me. Cultural values are also disrupted if youââ¬â¢ve got enemies. The enrichment and preservation of these values are corrupted. But I look at it as assessments on how to uphold the integrity of the values I believe in. My enemies trigger a more dispiriting affective experience. The more youââ¬â¢re affected, the more they pushed you down. That is why I make sure to find a way to boost my morale by stepping up to the test. The action and behavior towards my enemies are matched with one of Hofstedeââ¬â¢s cultural dimensions, the Uncertainty Avoidance. Although an enemy causes so much anxiety, there are still ways to reverse its impact. If I may say it, I spare myself from things that are highly distressing. In the same way I dispose all the negative results of having an enemy, and use it as a tool to avoid circumstances that could interrupt my living values and lifestyle. Lastly, my cultural values have been influenced mostly in school through my teachers. Acting mainly as my second parents, teachers are my sources of knowledge and advancement. I expected them educate me using morals and necessary subject matters for me to achieve a much-coveted diploma. Theyââ¬â¢re with me in reaching the zenith of my ambitions through sharing the knowledge that they had acquired from years of studying. They helped me make a stand and defend my conviction. The values that I got from them have also helped me cope with my day-to-day concerns and they have influenced me a lot for they know whatââ¬â¢s right and wrong with things in life. Their language and conduct as well speak of a vast reservoir of knowledge and wisdom. As part of the youth, I tend to be very idealistic, sensitive and vulnerable, crying out all the injustices in this world with passion. I passed harsh judgments and lashed out at anyone easily who didnââ¬â¢t meet my expectations. But as teachers, they have changed the way I perceive things in life. They have made me believe that I should try to have more patience, so that I could somehow balance things with intelligence and logic. Subconsciously, they have inculcated in me their own beliefs and principles without them knowing it. Without these mentors, I know I wouldnââ¬â¢t be able to know anything at all. In short, I owe them almost everything, if not all, the things that I have learned in life. Considering that I have been with my teachers for long years, I would probably be relating this to the Long-Term Orientation of Hofstede in his Cultural Dimensions. Teachers have done so many things through the years that I was still with them in school. They have not just stepped in to the classroom and painstakingly teach what I, as a student doesnââ¬â¢t know academically but they have also left a legacy ââ¬â a legacy that not all can grasp. Reference Geert Hofsted ââ¬â ITIM (n. d. ). Cultural Dimensions. Retrieved September 18, 2008, from http://www. geert-hofstede. com/
Sunday, September 29, 2019
Investor Activism
With the trend toward higher investor activism, it's more important than ever to find effective ways to engage investors. Direct engagement, which involves the company pro-actively determining the priorities and concerns of investors and addressing them directly, is becoming more widespread across the business world (Ernst and Young, 2014). Though still in its early stages, according to the Conference Board, direct engagement ââ¬Å"is likely to become a permanent, although less formal, part of the governance of US public companiesâ⬠(Conference Board, 2014).Direct engagement means social entrepreneurships begin the conversation with investors, rather than waiting for them to bring up issues of concern. This offers a way to communicate the social mission goals and link those goals to financial performance in a way that keeps investors committed to the broader vision of profit with purpose. Performance Monitoring for Mission Financial monitoring processes are a ubiquitous part of conventional business practice. All for-profit businesses establish more formal systems for monitoring financial performance as they grow. Social entrepreneurships also need to develop systems and processes for monitoring mission performance and financial performance. Common in the non-profit sector, mission monitoring is still a relatively new undertaking for the governing bodies of for-profit businesses. Despite advances in the field, such as the development of systems including IRIS and SASB, directors' efforts to monitor mission remain hampered by a lack of standard metrics, equivalent to those available in finance (Impact Measurement Working Group, 2014). Delivering impact performance isn't only a question of having reliable metrics, however. It is important to remember that metrics alone won't protect mission or prevent mission drift. To have any power, raw metric information must be incorporated into the oversight and decision-making processes of the organization.Mission monitoring is the means by which organizations make the connection between impact metrics and leadership and direction. Robust mission performance monitoring systems have been shown to help impact funds deliver on mission goals (Clark, Emerson & Thornley 2014). Innovative social enterprises are using mission monitoring to efficiently prevent both mission drift and mission abandonment (Alnoor, Battilana & Mair). There is no one-size-fits-all model for mission monitoring. Research indicates that different kinds social entrepreneurships need to monitor different things in different ways (Alnoor, Battilana & Mair, 2014). Thus, it is no surprise that the monitoring systems used by managers and boards vary according to organization size, type, location, legal form, governance structure, and the nature of the social or environmental mission aims. Despite this complexity, effective mission monitoring systems do have shared characteristics (Epstein & Yuthas, 2014):They originate at the highest strategic level, with the governing board and top management.They align with business and organizational strategy.They are clear about desired performance results.They identify performance indicators that can be meaningfully measured or evaluated.They are supported by organizational systems and processes that track performance and produce verifiable information.These are costed and backed with adequate organizational resources.
Saturday, September 28, 2019
Financial Statement Analysis Research Paper Example | Topics and Well Written Essays - 3500 words
Financial Statement Analysis - Research Paper Example Being a government financed company, it was able to compete very strongly with du, since the telecom company used infrastructure which had been installed for a more than a decade .DU, however, under a powerful management has been able to overcome its competitor such that by the year 2011 du no longer felt the effect of the competitor due to its overwhelming growth. By the year 2011 the company was able to control more than 46% of the mobile industry. The following paper examines changes in the company performance through a financial analysis. The paper will analyze by a trend analysis from the year 2010 to the year 2011.From the analysis there are some major findings that have been gathered such as the company was able to increase its revenue by 25%- one of the largest growth in the MENA region. There was also very high market share of more than 46% by year 2011 (du, 2012). The liquidity and solvency ratios had gone up from the year 2010 to 2011; this showed that the companiesââ¬â ¢ potential to pay short term debts had increased hence was able to run the business more smoothly. Other important findings shows an increase in companies net profit margin, gearing ratios and furthermore the company had been ranked the best in the social corporate responsibility, which is an evidence of companies improved performance. The following research is therefore very crucial to all investor who are willing to invest in profitable business. It is also beneficial to the company in order to understand areas of weakness, which need much attention in the coming years. Detailed information is based on the financial analysis covered in the paper. Introduction Emirates integrated telecommunication is a company in the telecommunication industry, which was formed and undertakes its operation in Dubai. The company, through its exclusive performance, became listed in the Dubai financial markets and was therefore authorized to trade under the name DU. The Company has become popular due to provision of the best product and services in the mobile industry such as the blackberry service and the low off peak rates for the international calls. The following report is intended to analyze the major aspects which has made du company grow in such a high rate, it will be based on the strength of the company and also the financial statement will be analyzed in order to predict the future performance of the business. The analysis can therefore be helpful to potential investors since all the important aspects will be covered. To date du company has shown a continuous growth and increase in value give that by the year 2011 they were able to serve d more than 46% of the UAE mobile market this is in accordance to the Telecommunications Regulatory Authority such performance can only be achieved by companies which have proper management and strategies and this is one of the strength of du company. The paper has been undertaken under several topic which will make it more elaborate and informative and these will include company profile, market position, company ownership, economic environment, financial position, financial analysis with reference to the industrial requirement, SWOT analysis and there after the conclusion. Company profile Emirates integrated Telecommunication Company, which is based in the EUA region was formed in the year 2007. The company was formed with the aim of providing telecommunication services. DU provided internet services and pay TV service on that particular year and in addition went further to provide the nationwide fixed telephone services by July 2007. By the fourth quarter of the year 2011 the company had acquired a total of 5.2 million mobile customers. The company is known for being the first introducers of the ââ¬Å"
Friday, September 27, 2019
Methodology Research Paper Example | Topics and Well Written Essays - 1000 words
Methodology - Research Paper Example The second phase of the research will involve collection of qualitative data seeking to establish the existing barriers in the context of knowledge sharing within the university environment. The research seeks to examine communication barriers and the impact of these barriers on knowledge sharing. Qualitative methods will be utilised in collection of information regarding the impact of the barriers on the information flow. Secondary sources of information will be utilised in the collection of qualitative data. The elements being researched will be effectively understood through collection of both qualitative and quantitative data. This remains the fundamental advantage for the utilisation of mixed methods in conducting research. The utilisation of mixed methods enables researchers to gain pragmatic perspectives towards understanding the elements being researched(Creswell & Clark, 2007). Data collection within the research will be conducted through two fundamental approaches, which will enable the collection of both qualitative and quantitative data. The utilisation of interviews will provide the research with a platform for communicating directly with the participants and collect essential information for the research findings. The interviews will be conducted in different locations according to the requirements of the participants. Interviews are essential in providing primary information regarding the qualitative data required within the research(Cozby & Bates, 2012). The interviews will be utilised in the collection of both qualitative and quantitative data, essential for the research. The interviews will follow a structured approach in which the researchers will utilise written questions in data collection. The researchers will also utilise questionnaires in seeking to reach individuals from remote locations, who cannot be reached
Thursday, September 26, 2019
Mother Natures Daughters Essay Example | Topics and Well Written Essays - 500 words
Mother Natures Daughters - Essay Example s actually admitted their failure to respond immediately, to wit: ââ¬Å"our system clearly has structural flaws for addressing catastrophic incidentsâ⬠(The Federal Response to Hurricane Katrina: Lessons Learned, 2006, p. 66). Therefore, the result was a loss of 1,300 lives and properties destroyed amount to about $96 billion (The Federal Response to Hurricane Katrina: Lessons Learned, 2006). The estimated cost of properties destroyed were later revised to reach $148 billion and the total number of lives lost apparently reached 1,833 (Newman, 2012). On the other hand, the federal and state officialsââ¬â¢ response to Hurricane Sandy were deemed to be far better since the lessons learned from Hurricane Katrina enabled legislators to make the necessary changes in emergency and natural disaster preparedness and response. Due to the marked improvement in response, there were only 132 deaths which were reported and an estimated damage amounting to about $71 billion (Newman, 2012). The greater coordination and concerted collaboration among federal and state agencies were instrumental in the improved response. As acknowledged, the Federal Emergency Management Agency (FEMA) was tasked to ââ¬Å"work with our federal, state, tribal and local partners, as well as voluntary organizations, the private sector, and others to respond to the aftermath of Sandyâ⬠(FEMA, 2012, par. 1). The Federal responses were better with Hurricane Sandy as could be deduced from the extensive collaboration and cooperative efforts that transpired since the time that the tropical storm was reportedly monitored. Upon review of the timeline of events during Hurricane Sandyââ¬â¢s path of entry to the United States, it could be assessed that FEMA, as the main coordinating agency, seriously adhered to its role and responsibilities through closely coordinating with local state officials, especially the states of New York, New Jersey, Philadelphia, and Boston, among others. It is kept in close contact with other
Wednesday, September 25, 2019
Professionalism in physical therapy Assignment Example | Topics and Well Written Essays - 750 words
Professionalism in physical therapy - Assignment Example Indeed, the issue of the community cannot be left out in determining whether dentistry or any other occupation qualifies as a profession. This is because of the social contract that every professional has with public he or she serves. The social contract is clear though not in written form; it tends to dictate over all other functions relating any profession involving provision of services to the public. The advantage of the community responsibility approach is that it underpins the majority of other characteristics (Welie, 2004). The code of conduct as a major characteristic in the classification of any occupation as a profession which revolves around provision of services to the community in a responsible and accountable manner. Based on the community responsibility criterion, a profession must satisfy an indispensable social need and be based upon well established and socially acceptable scientific principle. This criterion supports the notion that the professional status is besto wed on an individual by the public. Ã The advantage of using this criterion revolves around compelling workers or individuals referring themselves as professionals to internalize the conceptualization that their actions are subject to the public scrutiny and approval (Welie, 2004). As a result, professionals are expected to conduct themselves in a manner that is acceptable to the community. This also ensures that people bearing the title professional execute their role in the best way possible and according.
Tuesday, September 24, 2019
HOW THE STRATEGIC EMEGENCE OF WALMART HAS AFFECTED MANAGING THEIR Essay - 1
HOW THE STRATEGIC EMEGENCE OF WALMART HAS AFFECTED MANAGING THEIR TRADE FROM 2011 TILL DATE - Essay Example These included the government operations, competitive position as well other changes from the competitors. Additionally, the reasons that led to its implementation and the different ways with which it was implemented were considered. In this case, the research looked back as to what made it necessary for the Walmart company to come up with the said strategic emergence. They included the challenges and shortcomings that led to the need for change. It also analyzed how the strategic emergence was formulated and implemented and the specific areas that were to be affected by the change. Ultimately, it concentrated on these areas to find out whether the expected change took place or not. This was performed on a step by step basis from the time that the changes were implemented in 2011 and the development that have been observed from that time to the present time. In turn, various solutions were offered in those areas upon which positive outcomes were not realized as a consequence of the e xecution of the strategic emergence (Sieber, 1993, p.14). Some of the factors that determined the choice of research method included reliability and validity. This implied that the results obtained were true, undisputable and could be easily confirmed. As such, the kind of research technique that was used in this research was the qualitative study method because there was a need to provide an insight into the setting of the strategic emergence that was developed at Walmart. This was to help in the generation of ideas and to provide answers for the hypothesis. It was also used in grouping similar results and summing them up to get an overall answer in the form of the quantitative research that was to be used later in the results part of the study. With this, the main reason for using the qualitative design was to reveal the prevalent trends in both thought and opinion with regard to the effect of the
Monday, September 23, 2019
The Arab Spring Essay Example | Topics and Well Written Essays - 500 words
The Arab Spring - Essay Example The Arab Spring Freedom that if we do in other countries could either send us to jail or even killed. Yet we take it as an entitlement, something like a birthright. Not so long ago, there was a movement or uprising called The Arab Spring in the Middle East. We all saw it on TV, internet, newspapers and other forms of media but never really cared about. It was a movement of citizens to rise against their governments to have freedom and democracy so that their lives will become better. We may not realize it, but the freedom that our forefathers fought with blood, sweat and tears is not currently enjoyed by many people in other countries. Today, even as this paper is written, there are still a lot of people struggling and fighting for freedom. In the country of Syria, there is now a civil war going on where people have to fight, suffer and die by the thousands, sometimes brutally, just to have freedom. It started in the exercise of freedom that we take granted ââ¬â protesting and speaking against t he government. While this exercise of freedom is taken very casually here in the United states, that exercise of freedom in Syria was fired upon by the government forces where innocent civilians died. There are still a lot of countries where people do not have the freedom to speak against or criticize their governments. It may be a cliche to mention but its truism never fades no matter how many it is repeated ââ¬â that we will never know the true value of freedom until it is taken away from us.
Sunday, September 22, 2019
An op-ed piece Essay Example | Topics and Well Written Essays - 500 words
An op-ed piece - Essay Example Media reports confirm that the student loan debt has ballooned into a gigantic $870 million ââ¬â even beating debts on car and credit card! Now that is surprising! And this number is projected to rise exponentially within the next few years. Therefore, it is reasonable that the Fairness for Struggling Students Act or FSSA has turned out to be the main focus of government agencies, particularly of the education department. The act would enable student loan debts to be stamped out during bankruptcy proceedings. It gained widespread support from the government and education groups seeing it as a potential solution to the economic problem. Just a couple of days ago, an article written for the Fox News reported that there is a $1.11 trillion ââ¬Å"student loans outstandingâ⬠and $121 billion of them ââ¬Å"are 90-plus days delinquent or in default. And this is on top of the fact that college costs has constantly risen over the past few years while the income of college graduates in industries aside from technology and finance, are tripping over (Verhage, n.p). I do not particularly understand why student forgiveness acts do help solve the economic problem when there is not much income that can be generated through taxes. The government is simply shelling out billions of money, bailing out students in an unorthodox manner by simply wiping out their student loan debts. First of all, I go for the argument that education is not really a right but is only a privilege. Nobody can legally claim that he or she is entitled to it. But, if the government stresses on private lenders the inability of a student to pay debts and encourage them to rid student loans is just the same as telling that education is a right after all. Another thing that I would like to put up is that default on loans, which is currently at $121 billion, and compelling private lenders to forgive students who could not pay their debts are acts of insult and slight to property
Saturday, September 21, 2019
Sales Tax Essay Example for Free
Sales Tax Essay OBJECTIVE à à à à à à à à à à à The objective of this work is to discuss sales tax issues from the viewpoint of both the citizen and the Budget Director. Reviewed will be issues of ââ¬Ëvolatilityââ¬â¢, ââ¬Ëreliabilityââ¬â¢, and ââ¬Ëequityââ¬â¢ as well as how the sales tax impacts activities of government such as economic development, community initiatives and service provision. Finally this work will answer the question of whether there are any other taxes or revenue sources to substitute for the sales tax as well as stating why or alternatively why there is not an existing substitute. INTRODUCTION: SALES TAX ECONOMIC DEVELOPMENT à à à à à à à à à à à Sales taxes are collected at the local and state levels and utilized by the government in service provision to the citizens of the United States. The United States imposes sales taxes in both state and local administrations in which the customer is charged a combined rate which bundles together (USA Sales Use Tax, 2006) the state tax with the local tax. A merchant is required to charged a sales tax if the business has nexus. A nexus is defined as a substantial physical presence. (USA Sales Use Tax, 2006) Not all products are subject to the sales tax and different states exempt difference products. Sales taxes are applied on the end purchase of goods in retail sales. Economic development has been defined as a multi-faceted approach to the development of policies and programs designed to preserve, enhance and promote a vibrant and successful business community. (Economic Development Action Program, 2005) The health and success of the businesses in communities are stated to be directly linked to the quality of life experienced by residents in that community (Economic Development Action Program, 2005) which is of primary importance to the entire city or municipality. Creation of jobs and generation of sales tax revenues provide a major contribution to fund the initiatives of service provision with the city. The economic development within a city of municipality is greatly dependent on sales tax revenues in most U.S. states. VOLATILITY, RELIABILITY, AND EQUITY ââ¬ËVolatilityââ¬â¢ and ââ¬ËReliabilityââ¬â¢ are the two primary considerations of a budget director when revenues raised by taxes are spent on new initiatives. Hirsch et al state that Reliability and Volatility are that which marks the outcome of the question which asks: ââ¬Å"Are new revenues raised by the taxes relatively stable over time or are they excessively volatile and difficult to predict? It is a fact that generation of revenues from sales taxes may be unpredictable since these revenues are greatly dependent on seasonal factors and economic conditions therefore, merchants may experience a really great Christmas hence the sales tax revenues for the government will be great as well however, a lean year for merchants will also result in the coffers of the government for spending in economic development being quite thin as well. In a journal article relating to the impact of sales tax on the economy of the state of California it is stated that: ââ¬Å"If times are good and consumption is high, there will be more revenue from sales taxes than otherwise. If times are bad and layoffs and unemployment are up, personal income taxes will be reduced. Some taxpayers will lose their jobs or not have opportunities to work overtime. Sluggish economic activity will hurt profits and thus collections from corporate income taxes. Similarly, if times are bad, certain kinds of welfare-related expenditures may increase. While the linkage between economic developments and the status of the budget is clear, the actual budget process involves making a forecast of what those economic developments will be. Then budget forecasters must estimate precisely how the assumed developments will affect revenueâ⬠(Hirsch, et al, 2004) The third element is that of Equity which is one of the five principles stated by the National Conference of State Legislatures (NCSL) that were compiled in 1988 with input from lawmakers and academics. The principle involving Equity along with the other principles for sound tax policy. The five principles are: à (1) Provision of appropriate revenues (sufficiency, stability, and certainty of revenues produced) (2) Neutrality; (3) Equity; (4) Easy and economical to administer; (5) accountability ââ¬â (i) taxpayers are accountable for payment of their taxes (ii) tax agencies are accountable for administration and enforcement of the tax laws efficiently and fairly; and (iii) lawmakers accountable for the integrity of the tax laws. (Hirsch et al, 2004) III. VIOLATION OF PRINCIPLES IN NEW YORK ECONOMIC DEVELOPEMNT In a recent testimony before the U.S. Senate in a hearing before the Subcommittee on International Trade of the Committee on Finance earlier this year given by Walter Hellerstein who is said to be: ââ¬Å"the nations leading legal academic authority on state and local taxationâ⬠stated is that a New York economic development incentive to attract sales to the New York exchanges was a discriminatory tax to the Boston Stock Exchange that viewed the incentive as diverting economic activity from the Boston exchange, a view with which the U.S. Supreme Court concurred. (Testimony of Walter Hellerstein, 2006) Stated as well is that the economic development incentive for its fledging wine industry was a discriminatory tax to sellers of alcoholic beverages produced in other states, a view with which the U.S. Supreme Court concurred. (Ibid) SUMMARY AND CONCLUSION à à à à à à à à à à à Clearly the sales tax scheme or plan of a city or municipality involves the necessary view which is all-inclusive of the factors that will impact the revenues realized from sales taxes and as well are able to realize the volatility or alternatively the reliability of the sales tax revenues in the budget plan. Then the comprehension of the sales taxes as they affect the individuals within the community both from the advantages of the economic development in the community as well as the impact the increase of sales tax will have on the spending habits in times that are characterized by layoffs and unemployment in the area. Finally it must be comprehended that all of this is inherently linked in the planning of sales taxes, city budgets and economic development in that economic development works to ensure a healthy and quality lifestyle for the taxpayers that reside in the community, and as well that economic development furthers the growth of businesses and employment within the community. These successful individuals and households within the community in turn replenish the community or city coffers with the sales taxes on the purchases that they make in the community thereby funding even more economic development in the community. Last, the principles that have been reviewed in this research as set out by the National Conference of State Legislatures (NCSL) must be followed in order to avoid the situation that the economic development initiatives in New York and Hawaii experienced in being found in violation of those principles by the U.S. Supreme Court. WORKS CITED Testimony of Walter Hellerstein before the U.S. Senate; Hearing before the Subcommittee on International Trade of the Committee on Finance (2006) Online available at: http://64.233.161.104/search?q=cache:EnVhxxKAqIYJ:www.law.uga.edu/news/advocate/spring2006/hellerstein.pdf+seconomic+development:+sales+tax+issueshl=engl=usct=clnkcd=17 Economic Development Action Program (2005) City of Bothell nd Online available at: http://www.ci.bothell.wa.us/dept/CM/EconDev/ActionProgram.html One Taxpayers Economic Development Incentive Is Often Anothers Discriminatory Tax.(Advocate: Spring/Summer 2006 Online available at: http://64.233.161.104/search?q=cache:EnVhxxKAqIYJ:www.law.uga.edu/news/advocate/spring2006/hellerstein.pdf+seconomic+development:+sales+tax+issueshl=engl=usct=clnkcd=17 Hirsch, Werner A. et al (2004) Making Californiaââ¬â¢s State Budget More User-Friendly And Transparent Online available at: http://www.spa.ucla.edu/calpolicy02/HirschEtc.pdf USA Sales Use Tax, (2006) http://www.ustaxnetwork.com/
Friday, September 20, 2019
An Essay on the Magna Carta
An Essay on the Magna Carta The Magna Carta is widely considered to be one of the most important documents of all time, and is seen as being fundamental to how law and justice is viewed in countries all over the world. Prior to the Magna Carta being created there was no standing limit on royal authority in England. This meant that the King could exploit his power in whatever way he saw fit, as he was not subject to any laws[1]. This paper will examine the Magna Carta, the reasons for its creation, its impact on England and whether it fulfilled its purpose or not. I will be making the argument as to why it has gone above and beyond its original intentions and has over time paved the way for liberty. The most important part of the Magna Carta is clause 39, and is as follows ââ¬Å"No free man shall be seized or imprisoned, or striped of his rights or possessions, or outlawed or exiled. Nor will we proceed with force against him. Except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice[2].â⬠Now given at the time this wasnââ¬â¢t considered particularly important but over time it became interpreted as guaranteeing individual rights and liberty. This has also been exported into other nationââ¬â¢s constitutions, particularly Western countries namely the United States in the form of the Bill of Rights. The Magna Carta finds its roots in early 13th century England under the rule of King John. Traditionally considered to be a ruthless, authoritarian king[3], John had a myriad of issues facing England when he took the throne and it seems that much of the resentment towards him is unwarranted. It is worth noting that England was practically bankrupt due to Johnââ¬â¢s brother, King Richard incurring exuberant costs from going on Crusade and later ransom from captivity at the hands of the Holy Roman Empire[4]. After Richardsââ¬â¢s death due to injuries sustained while fighting in France, King John faced adversity from the French and English nobility who had supported Johnââ¬â¢s nephew the young Arthur of Brittany. When Arthur was killed in an altercation while under the custody of John, many implicated John in the killing. Soon afterward the French attacked and took Normandy from English hands[5]. As a result of this John began to raise taxes to build an army to re-take Normandy . The end result of the war was disastrous, the English army was left in ruin and country had all but run out of money. Upon returning to England King John was faced with rebellion from his barons and found that he had very few allies left. In 1215 these baronial rebels forced King John to sign the Magna Carta[6], literally meaning the ââ¬Å"Great Charter[7]â⬠. These 25 barons sought to outline the unwritten customs that had in effect governed the country for centuries and put them into written law that would have to be observed by the king. Now at the time of its inception the charter wasnââ¬â¢t meant to be a principle of law that would apply to everyone, it was simply a way that the ruling elite of the time, the barons could put some limits to the kingââ¬â¢s power. The charter itself was really the product of difficult back and forth negotiations between King Johns government and the barons, both really wanting to avoid civil war and trying to find a compromise. The en shrinement into law of feudal custom and the operation of the legal system, one which even the king would have to abide by was the driving force behind most of the clauses. Once brought into law it was made clear that certain aspects were to be made more important and are considered to be the main reason why the barons wanted such legislation in the first place. The biggest issue was the oppressive taxation that King John imposed to fight against the French. Despite making significant advancements in the revenue system within England there had been a general sense of growing discontent with the arbitrary way the royalty imposed heavy taxes. In truth there was little John could do given how the coffers had been drained from his aforementioned brother and from his father, Henry IIââ¬â¢s forays into France[8]. As such it isnââ¬â¢t very surprising that more periods of high taxation was all that was needed to incite the barons to revolt and force John into signing. The charter made it clear that the monarchy would have to follow some set of rules regarding taxation and other customs according to the nobles. These included the protection of the English church, the special significance of London and the rights accompanying its status. Others are concerned with family law, transportation across England and what I see as being the most important the clauses dealing with justice. Again I will refer back to clause 39 which is interpreted today as being concerned with what is known as habeas corpus. The immediate impact of this clause was not felt by a great many people, for at the time it was of course intended for those of high privilege. As such at the time it was more of a settlement between the royal head of state and Englandââ¬â¢s most powerful families. The barons wanted a kind of safeguard against a reckless king having seen far to much of what can happen when one spends with abandon as many kings before John had, while not wanting to go so far as to repl ace the king himself. The Magna Carta itself was in a rather precarious situation as only weeks after being signed by King John it was denounced by pope Innocent III as having been forced on the king[9], and John was happy to agree and renounce it as well. This lead to the barons inviting the French king, Philip to invade and take the crown. A civil war ensued and the fate of the charter was in question. The rebellion ended with the death of King John in 1216, this left the throne to his son 9 year old Henry III. The nobles agreed that young Henry should be the one to take the throne, as despite being the son of the king whom they had despised, they werenââ¬â¢t about to abandon the lines of succession with regard to heredity. The Magna Carta was reaffirmed by Henry with the key focus being on a good reliable government led by the king. Eventually Henry began to deviate from the guidelines the charter had laid out for him and once again the barons went into open rebellion. The reb ellion was put down but only on the condition that the king would adhere to the charter once again. This is important as it set a precedent by which other English kings could not simply ignore the Magna Carta and do as they pleased, out of risking open rebellion. The charter comes in prominence again with the reign of Henry IIIââ¬â¢s son, Edward I. Once again frustration mounted over the heavy tax burden the king set upon the country and Edward had to admit that he was in fact bound by the Magna Carta, thus giving concession to the nobles. By this time the charter had become prominent enough that certain clauses pertaining to individual liberty were become common practice. As free men in England could enjoy the rights set forth in the Magna Carta. The structure of the charter is as such that it has an open-ended nature allowing for small tweaks and revisions at times when it is warranted. Over time we see events of great importance in England with the Magna Carta being the backbone of the movements. This is apparent with attempts to limit the royal powers of kings following Edward I. It isnââ¬â¢t until the late 14th century do we see however the charter being used in such an all-encompassing way. Under King Edward III the Magna Carta was proclaimed to be the law of the land and that no other law present or future could challenge it. We also see the first instances of the Magna Carta affecting general law, including the expansion of clause 39 making it in effect the due process that all men would be condition to if subject to the justice system. It is around this time that we see the gradual shift from the charter serving only the purpose of giving power to the nobles against the crown, to a general defense of human liberty in England. This can only be seen as a good thing as until this time the charter by and large only served the privileged few. The common people were subject to mistreatment at the hands of those in power in England for a very long time, the idea that they now have rights was an entirely new concept but one that gradually began to take hold, as the Magna Carta was reinterpreted. When taking into account the Magna Carta the role the English church played is one of great import[10]. It is explicitly stated in the charter that the church be given full freedom and unimpaired liberty, the fact that this is mentioned long before any mention of liberties for the freemen of England is important to take into account[11]. Of course it is hard to say that King John considered these clauses a concession, as the church already possessed many liberties given their unique position within England. The church had an expectation that they could practice their spiritual tasks without interference from the king. Society in this period had many dependencies on the church and as such it made sense for the king to observe the freedoms the church enjoyed rather than infringe upon them and threaten the peace that the church held in the kingdom. King John seemed to regard the freedom of the church as something of paramount import in England, even deferring to the pope on several occa sions. The evolution of the Magna Carta can also be attributed to the privileged status of the church itself. The type of freedom that those within the church enjoyed was outlined in the charter and a connection was made between this and the clauses dealing with the freemen, or the individual. This is important because without the church there would simply be no precedent for liberty in England. The Magna Carta then can be seen as a very important step towards liberty, especially considering the time when it was written. Its evolution from a document which was originally intended to force King John to consult the nobility on issues pertaining to taxes and justice in the realm, to the cornerstone of individual liberty is of great importance. The novel view that a king should be respectful of the rights of the nobility and church would be extrapolated into one in which all people regardless of birthright would be protected by law. As such I would say that yes the Magna Carta has indeed served its purpose and then some. Its continuing influence can be seen even today, enshrined in constitutions all over the western world[12]. The gradual shift in England towards individual rights and movement of government towards democracy can be attributed to the Magna Carta. As because individuals gained more rights including the common people this lead to the rise in the democratic process, including the creation of the English parliament where commoners could participate in government. Looking back however on its inception it is hard to say that the barons really had a specific goal in mind with the Magna Cartaââ¬â¢s creation. The extent to which King John was an evil, tyrannical king seem to have been blown way out of proportion, given the circumstances I donââ¬â¢t see how he could have changed much of what he did during his reign. The idea that the barons were these visionaries thinking well ahead of their time is laughable, and seems more likely that they were simply distrustful of King Johns rule and were looking out for their own short-term interests. That is not to say of course that there werenââ¬â¢t some good ideals enshrined within the charter as it is apparent that there were, only that the majority of what was actually included seemed to be a result of various motivations on the part of upset barons. One of the most important aspects of the Magna Carta, and its most enduring is the idea of due process. Now granted due process and the subsequent trial by jury were not of any great importance to the barons at the time of the charters writing, although given the framework it is hard not to say that a few of them werenââ¬â¢t thinking ahead of what may become of it. This malleable framework provided just what subsequent generations needed to reinterpret certain clauses within the charter and make them take on a more general meaning apply to a much larger spectrum. The effects of continued reinterpretations have been profound on western society, first in the form of Habeas Corpus which served to strengthen what due process had already given the general populace. The point being that after Magna Carta and all its various iterations people had a series of natural rights and liberty by law, these influences have helped shape constitutions and how countries are governed today. [1] Jenkins, ââ¬Å"A Short History of England,â⬠65 72 [2] ââ¬Å"Magna Carta 1215â⬠[3] Warren ââ¬Å"King Johnâ⬠174 181 [4] Jenkins ââ¬Å"A Short History of Englandâ⬠65 72 [5] Warren ââ¬Å"King Johnâ⬠76 93 [6] ââ¬Å"Roger of Wendover:Runneymede 1215â⬠last modified June 1997 [7] DanzigerGillingham ââ¬Å"1215 The Year of Magna Cartaâ⬠255 277 [8] Jenkins ââ¬Å"A Short History of Englandâ⬠57 65 [9] Thorne E. Samuel et al ââ¬Å"The Great Charterâ⬠16 17 [10] DanzigerGillingham ââ¬Å"1215 The Year of Magna Cartaâ⬠137 153 [11] ââ¬Å"Magna Cartaâ⬠1215 [12] Hindley ââ¬Å"The Book of Magna Cartaâ⬠193 201
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