Monday, May 25, 2020

The Theories Underpinning Corporate Example For Free - Free Essay Example

Sample details Pages: 9 Words: 2790 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Introduction The corporate insolvency concerns different parties with an interest in the business and those interests may resulted in conflicts and tensions between them. The existence of corporate insolvency law attempts to balance the interests of the competing stakeholders, such as creditors, employees, local community and the public. While on one hand, insolvency law is to focus on the creditorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ interest, on the other hand, insolvency law serves to embrace a wider role as to consider interests of various constituents in the society. Don’t waste time! Our writers will create an original "The Theories Underpinning Corporate Example For Free" essay for you Create order Thus, this has pointed to the debates on the fundamental principles such as the theoretical foundations and objectives of corporate insolvency law. UK insolvency law has developed in a pragmatic and piecemeal way[1], with various perspectives exerting varying degrees of influence over the current law. In view of the importance of theories underpinning corporate insolvency law to a proper understanding of the objectives and principles of the law, it is necessary to review various theories on how they have constructed and moulded the insolvency procedures. Creditor Wealth Maximisation vs Communitarian vision According to the Creditor Wealth Maximisation (CWM) theory, the main objective of insolvency law is to maximise the collective return to creditors whereby the company creditors agree to a collective procedure to enforce their claims rather than procedure of individual actions.[2] It follows that rehabilitation of the corporate enterprise is not a legitimate goal of insolve ncy law except to the extent that it is intended to maximise returns for the existing creditors. These theories emphasises that the insolvency law must respect the existing pre-insolvency creditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights where distribution is relied upon. Therefore, insolvency law is not considered to concern itself to protect the interests of other than creditors affected by the failure of corporate enterprise. Keeping firms in operations is this not seen as an independent goal of insolvency law. The problem with this approach is that strict adherence to this rule is likely to produce injustice vis-ÃÆ'  -vis other parties, such as the employees and members of the community. In contrast with the emphasis on private rights contained within the CWM approach, the communitarian vision sees insolvency processes as weighting the interest of a broad range of different constituents. It does not just take on board the creditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest but the interests of other like employees, suppliers, and local community[3] are also considered. This approach permits the insolvency procedures to rehabilitate commercial enterprises where this would have a better result for the community in protecting jobs even at the expense of some other rights. The communitarian theory also argues that insolvency law should cater for the survival of businesses and to their proper dissolution. Competing objectives and various theories have provided a fundamental basis of how may the design of procedures a jurisdiction be based. However, based on different historical, social and cultural background of different countries, the balance and collaboration of different objectives may seek to shape the best design for insolvency law. Liquidation Liquidation is the most commonly used insolvency procedure and it has been widely used for centuries in the UK. It is the final step before a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s dissolution and is the process whereby the assets of the company are collected and realised. Upon dissolution, the liquidator will then need to use the assets to meet the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s debt and liabilities. The distribution of assets is generally subject to the pari passu rule, which means that creditor receive an equal share of the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s assets. However, the pari passu rule is subject to several exceptions according to the statutory creditor priorities. To certain extent, the foundation of the liquation procedures seems to lie in the CWM doctrine which has dominated the insolvency field and continues to have a profound influence. The process of liquidation is designed to ensure that the return to creditors as a group is maximised. This collective approach of liquidation procedure has reflected in Jacksonà ¢Ã¢â€š ¬Ã¢â€ž ¢s assertion[4] that insolvency law is essentially a debt collection device where the creditor bargain provides for the individualistic regime to be replaced by a collective one. However, the C WM theory is fundamentally flawed in alleging that pre-insolvency entitlements are designed with an eye to ongoing contractual relationships. This argument can be supported by asserting that a core and proper function of insolvency law is to pursue different distributional objectives than are implied in the body of pre-insolvency rights; that insolvency law does so by adopting a base-line rule on equality- pari passu- and by then making considered exceptions to that rule. Notwithstanding the drawback of CWM theory, protection and maximization of creditorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ wealth is still a basic objective in the present Insolvency Law. To facilitate the development of a capitalist economy, new business venture and entrepreneurialism must be encouraged. However, due to the lack of funds and loans, the Government is counting on private credit lending such as banks and building society to provide such funding. As such, there is a need for this society to promote creditor lending an d hence the insolvency regime to ensure the privilege of creditors is preserved. Although the CWM vision may have dominated and that public interest is not the major aim for instigating insolvency proceeding, the procedure itself still underpins a notion of public protection. This can be exemplified by the fact that liquidation procedure involves the investigation of the affairs of an insolvent company, to ensure any conducts of violation by the debtors or management of the insolvency company will be subjected to criminal or statutory sanctions. Supporting the above view, Morkal[5]argues that à ¢Ã¢â€š ¬Ã‹Å"liquidation, aside taking care of the interest of the creditors, also regards the public interest by making sure the insolvent company has not violate commercial morality.à ¢Ã¢â€š ¬Ã¢â€ž ¢ The Cork Report[6] In regard of the ambiguity created between competing interests in an insolvency procedure, devising principles based on sound theory is critical to insolvency law. However, thus far, the law has developed in an ad hoc fashion largely devoid of clear principles.[7] In view of formulating clear objectives of the English insolvency law, the Cork Committee (1982) has played a vital role in framing a sound system for the Insolvency Act 1986 and later provisions. The Cork Committee suggested that reform was needed to shift UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s insolvency procedure away from the pro-creditor regime towards a more practical rehabilitation approach. This is to encourage viable business to continue operate as possible in order to obtain more value than which might be obtained from standard liquidation. Although the legislation still not yet lay down a formal statement or set of objectives of the purpose of insolvency law, the introduction of various procedures does evident that UK insolvency law tends to foster a business rescue culture. The rescue culture Corporate rescue law is regarded as an essential feature to promote well functioning of marke t economy. It aims to enable companies to overcome difficulties and to restore financial health. The introduction of Administration procedures suggests a move away from the old receivership process by which a company might be saved, rather than to dissolute, in times of financial difficulties. It facilitates the preservation of the economic value of the business in a manner that would not be possible in case of liquidation, resulting in higher returns to creditors. This illustrates the UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s commitment to the goal of saving business from fatality at all costs and to safeguard the prosperity of a capitalist jurisdiction. Likewise, the introduction of voluntary arrangements addresses the weakness of à ¢Ã¢â€š ¬Ã‹Å"debt collectionà ¢Ã¢â€š ¬Ã¢â€ž ¢ agenda and move towards a rescue approach to promote rehabilitation process through arrangements agreed by the company with its creditors. These new provisions provide an easier and more efficient initiation of corporate resc ue. Lower cost and simpler procedure will benefit the corporations, especially small entrepreneurships. The rescue culture does coincide with the communitarian vision which emphasises on a variety of constituent interest especially the public interests.[8] This approach supports the insolvency procedures to rescue commercial entities where this would yield a better outcome for the community even at the expense of some other rights.[9] The communitarian vision contests that insolvency law should cater for the public benefits resulting from business continuity. In this respect, the Cork Committeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement endorses aspects of communitarian theory in emphasising that insolvency not only affects interests in community beyond insolvents and their creditors, but that the procedure should offer means to preserve viable businesses capable of contributing to the economic prosperity of the country.[10] At the outset, the corporate rescue laws may seem to endorse solel y the communitarian vision in acknowledging broad interests of the society. Indeed, the statutory goal of the rescue procedures has reflected the CWM vision to certain extent in achieving realisation of assets for creditors while upholding the fundamental role of protecting creditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights. This can be seen that while rescuing the business is a concern to facilitate the capitalist economy, the ultimate goals still lies in providing higher and better returns to creditors. In addition, the practice nature of the court in dealing with cases also shed some light on the situation of the insolvency reality. In England, judges tend to favour the financiers; bankers appear to have acquired respectability over the centuries whereas those who take risks in business have not. It is just to say that generally these parties are given special treatment in insolvency because of the profound regulatory concerns that affect these industries. This indicates that a more creditor-fav oured regime is the prevailing phenomenon within the insolvency procedures. Albeit the rescue culture has been seen as being biased towards the enforcement of the creditorà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights,[11] yet as suggested by Finch, à ¢Ã¢â€š ¬Ã…“the route to a clear design of a rescue regime is to decide on an appropriate balance of interests and to set up a procedure that pursues those interests consistently with that balancing.à ¢Ã¢â€š ¬Ã‚  [12] Ongoing trend towards a rescue culture While it cannot be said with certainty that there is a uniform adherence to either end of the theory spectrum in designing the insolvency procedures, it is safe to say that different jurisdictions are continually making changes to their insolvency laws to focus on continuation of the business and preservation of jobs rather than on assets realisation for the benefits of creditors and on liquidation of insolvent companies. Similarly, the UKs Insolvency Act of 1986 has been reformed by the Enter prise Act 2002 to reflect the UK government corporate rescue incentive. Here too, the ethos is the assisting of the rehabilitation of viable businesses to be accomplished by tilting the balance in favour of the administration procedure deemed capable of accounting for the interests of all affected parties and restricting the use of administrative receivership which used to give a single secured creditor effective control over the insolvencyprocedure. In view of employment protection, there is also an emerging trend which suggests the notion that when a company is insolvent the only interests deserving consideration are those of its creditors can no longer be sustained. Employees are beginning to find favour for the protection of their interests in the legislative arena in which insolvencylegislation has been previously crafted. The insolvency Act 1986 provisions on preferential debts also offer some assistance to employees.[13] It was seen that the legislation gives preferential priority to unpaid wages and accrued holiday pay owed.[14] This means that such payments are payable out of the available assets of the company prior to unsecured claims and claims secured by floating charges but after relevant insolvency expenses and other secured claims. [15] In addition, source of statutory protection also flows from employment and the social security system.[16] Employees of an insolvent company are entitled to claim against the state National Insurance Fund on the terms set out in the Employment Rights Act 1996.[17] These provisions enable employees to launch a claim for a range of compensations such as unpaid arrears of wages and award for unfair dismissal. Further evidence in supporting employment protection can also be seen in the TUPE Regulations.[18] Under the Regulations, a transfer of an undertaking passed contracts of employment over to the transferee and previously employed persons became employees of the transferee under the same terms and conditions as were set out in their initial contracts.[19] The provisions make it easier for insolvent business to be transferred to new employers and thus facilitate the rescue of the business as an à ¢Ã¢â€š ¬Ã…“ongoing concernà ¢Ã¢â€š ¬Ã‚ .[20] Future development Regardless the ongoing trend of the society in favouring a rescue culture, ambiguity of theoretical consistency in the legal framework still produce high cost, inefficiency and unfairness. It may be responded that laws can never be certain, that judges have to apply rules to differing circumstances, and to adjust criteria, standards, and rules to cope with changes in such matters as business practices and ways of setting up commercial relationships. There is however, an important distinction to be drawn between the unavoidable uncertainties that flow from the factors and the unnecessary uncertainties that arise because inconsistent theories are varying with each other in driving legal developments. It is therefore sugge sted that the issue of theoretical deficiency can be addressed by adopting an à ¢Ã¢â€š ¬Ã‹Å"explicit valuesà ¢Ã¢â€š ¬Ã¢â€ž ¢ approach[21] to the design and evaluation of corporate insolvency process. This is an approach that is applicable to all corporate insolvency procedures and encourages the development of mechanisms that are consistent in so far as they are to a common philosophy and to a limited number of identifiable values. It seeks to embrace both the public and private dimensions of corporate insolvency law. Such an approach does not offer the certainty or the authority that flows from a single theoretical vision of the just insolvency system but on a much safer outcome and practical ground with incorporating values of efficiency, expertise, accountability and fairness. It is envisaged that insolvency law should be assessed and redesigned with an eye to operational matters and not merely to the formal rules. Albeit the explicit value approach is merely an academic point of view, it provides a structural foundation in offering guidance to the future development of insolvency procedures. Conclusion Insolvency Law can be seen, to date, as a chaotic piece of legislation encompassing different theoretical ambiguities. Notwithstanding the lack of consistency, theories play a pivotal role in providing fundamental basis of the purpose and limit of insolvency doctrines. Theory can assist in explaining what the means and ends of insolvencylaw should be, without dictating what the best or most efficient proposal for achieving that end should be.[22] Yet, the paramount goal of a normative theory of insolvency law is, as suggested, to ascertain an fundamental perspective on values that underpin current law.A theory provides direction for resolving problems of conflicting values inherent in insolvency procedures[23] and may yield explicit, but never perfect, solutions to particular insolvencyproblem.[24]As opined by Etukakpan, à ¢Ã¢â€š ¬Ã‹Å"The success of any given theory should not be justified by how well it resolves every value-based insolvencyquestion.à ¢Ã¢â€š ¬Ã¢â€ž ¢[25] Rather, it is judged by its competence to recognise the nature of the values and objectives on which the law is founded, and then in its ability to provide a meaningful prescription regarding how the current law should be balanced or preserved. [26] [1] Christopher F. Symes, Statutory Proirities in Insolvency Law (Ashgate, 2008) p.51 [2] Thomas Jackson, The Logic and Limits of Bankruptcy Law (Harvard University Press 1986) Chapter 1 and 2 [3] Andrew Keay Peter Walton, Insolvency Law: Corporate Personal (Pearson, Longman 2008) [4] DG Baird, TH Jackson à ¢Ã¢â€š ¬Ã‹Å"Corporate Reorganisations and the Treatment of Diverse Ownership Interests: A Comment on Adequate Protection of Secured Creditors in Bankruptcyà ¢Ã¢â€š ¬Ã‚  (1984) 51 University of Chicago Law Review 97. [5] Rizwaan Mokaal, à ¢Ã¢â€š ¬Ã‹Å"What Liquidation does for Secured Creditors, and what it does for youà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 71 MLR 699-733 [6] Report of the Review Committee on Insolvency Law and Practice(1982) Cmnd 8558 [7] Andrew Keay, à ¢Ã¢â€š ¬Ã‹Å"Balancing interests in Bankrupcty Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2001] CLWR206. [8] K Gross (1994) à ¢Ã¢â€š ¬Ã‹Å"Taking Community Interests into Account in Bankruptcy: An Essay.à ¢Ã¢â€š ¬Ã¢â €ž ¢ Washington University Law Quarterly 72 [9] Vanessa Finch, Corporate Insolvency Law: Perspective Principles (2nd ed. Cambridge University Press, 2009) [10] Cork Report, para. 198(i) and (j). [11] Douglas Baird Thomas Jackson, , à ¢Ã¢â€š ¬Ã‹Å"Corporate Reorganisation and the Treatment of Bankruptcyà ¢Ã¢â€š ¬Ã¢â€ž ¢, 51 University of Chicago Law Review, 98. [12] Vanessa Finch, à ¢Ã¢â€š ¬Ã‹Å"The Measures of Insolvency Law (1997) 17(2) OJLS 227. [13] Insolvency Act 1986 s. 386 and Sch.6. [14] Ibid. Sch.6, Category 5. [15] Ibid. Sch.6, Category 5. [16] L. Clarke and H. Rajak, à ¢Ã¢â€š ¬Ã‹Å"Mann v. Secretary of State for Employmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2000) 63 MLR 895. [17] Employment Act 1996 ss. 166-70 and 182-90. [18] Transfer of Undertakings (Protection of Employment) Regulations 2006. [19] Ibid. Regulation 4, 7 and 10. [20] Insolvency Act 1986 Sch. B1 para3. [21] V. Finch, Corporate Insolvency Law: Perspective Principles (2nd ed. Cambridge University Press, 2009) [22] K. Mooney, à ¢Ã¢â€š ¬Ã‹Å"A Normative Theory of Bankruptcy Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢(2003) https://ssrn.com/abstract id=425120Accessed 28 March 2014 [23] Donald R. Korobkin, à ¢Ã¢â€š ¬Ã…“Contractarianism and the Normative Foundations of Bankruptcy Lawà ¢Ã¢â€š ¬Ã‚  (1993) 71 Texas Law Rev. 111. [24] E. Warren, à ¢Ã¢â€š ¬Ã…“Bankruptcy Policyà ¢Ã¢â€š ¬Ã‚  (1987) 54 U. Chi. L. Rev. 775, 797. [25] Samuel Edwin Etukakpan, à ¢Ã¢â€š ¬Ã‹Å"Business rescue and continuity of employment: analysing policy through the lens of theoryà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) Comp. Law. 2011, 32(4), 113 [26] ibid.

Friday, May 15, 2020

Human Resource - Escape to the Wild - 1638 Words

FINDINGS 1. 4 HR Activities Employee Relations When good employee relations are in place they can help to maintain a happy and motivated workforce. This function will be responsible for putting company policies and procedures in place regarding grievance/discipline, recruitment and selection, employee welfare, training and development, absence management/reporting and negotiating terms and conditions. Doing this will minimise conflict, ensure staff are treated fairly and creates rules that everyone is aware of. At Escape to the Wild there are no policies and procedures in place, there are inconsistencies in terms and conditions, inconsistencies in matters relating to recruitment and selection practises and staff are also overworked.†¦show more content†¦The HR department and staff members are advocates for both the company and the people who work in the company and the HR Director will make sure this is being achieved. They will implement policies and programs for the whole company, be responsible for performance man agement and improvement systems, organisational planning and development, policy development and documentation, employee relations, compensation and benefits administration, employee safety, welfare and health. The HR Director will report to the Board of Directors. Recruitment Selection Officer The Recruitment and Selection Officer is responsible for delivering all operations of recruiting throughout the company. The need to keep up-to-date with recruitment practises and are responsible for making sure the company employ the best possible candidates. Their objectives should be to develop and execute recruitment plans, implement new recruiting ideas, create job descriptions, construct and implement good recruiting and interviewing techniques, fill positions efficiently, keep up-to-date with managers regarding recruitment effectiveness. They will also look to make sure proper induction procedures are in place for when new recruits join the company. They will report to the HR Director. Administrator to the Recruitment Selection Officer They will maintain records of all applicant and interviewing information. Will assist in reference checking, writing letters of rejection,Show MoreRelatedHr Assessment 2 Escape to the Wild1695 Words   |  7 PagesHR Assessment – Task 2 Outcomes 2 3 Escape to the Wild Report To ensure Escape to the Wild’s continued successful and profitable expansion, the Managing Director has expressed his wish for the company to take on a more Strategic approach to the way it recruits trains and promotes its employees. To implement this new strategic approach a human resource function should be introduced. The following describes four activities the human resource function will undertake in order to supportRead MoreMccandless Obsession Problem, And Into The Wild By Chris Mccandless1584 Words   |  7 Pagesthan the wild, and thus, people do not want to live in the wild: a statement which is not necessarily true. It may seem preferable to live in society with all the luxuries it provides: easy access to food, shelter, and technology. Even with these luxuries, many people want to live in the wild nevertheless. One of these people is Chris McCandless. He broke free from society and ventured into the wild. McCandless’s story is widely known today because it has a certain allure to it. Into the Wild, The ChrisRead MoreComparing Brave New World and Blade Runner 1324 Words   |  6 PagesHuman relationships, and humanitys understanding of the wild, are shaped and reflected in Blade Runner, by Ridley Scott, and in Brave New World (Aldous Huxley) through their composers use of the cont rast between true nature and the wild. The human relationship with the wild is tenuous, and this is shown within both texts. More often than not, nature is understood simply as a force to be dominated, controlled or exploited for the benefit of humanity. The new wild is one created by human societyRead MoreThe consensus belief is that the capacity for language is innate, while others believe its800 Words   |  4 PagesGirls and Wild Boys by Michael Newton studies children that grew up in the wilderness with animals or who were cut-off from the civilized world as we know it. Multiple ‘wild child’s’ were examined from the early 1700’s to the late 1900’s (Ivan Mishukov). The children Newton went into depth with were Peter the Wild Boy (1725), Memmie Le Blanc (1731), Victor of Aveyron (1797), Kaspar Hauser (early 1800s), and Genie (1970). Newton engulfs the reader into the psychological aspect between humans, animalsRead MoreCreating a Sustainable Society Essay examples889 Words   |  4 PagesIn today’s global economy, sustainability has developed into a significant part of life because it symbolizes how a society can retain their current use of resources without having them run out. In order for us to continue to appreciate the quality of life, we must meet supply and demand without destroying the environment for future generations. â€Å"A sustainable society is one that has learned to live within the boundaries established by ecological limits† (Sustainability refers, 2007). SustainabilityRead MoreIntroduction Of Human Resource Management1576 Words   |  7 PagesIntroduction of Human Resource Management Escape to the Wild Assessment 2 - Human Resource Management: An Introduction Stephen Ward L000257274 Introductio Introduction At present there is currently no Human Resource Management department within the company of Escape to the Wild. This report will outline recommendations for the HRM functions which should be addressed and implemented along with the additional staff resources which should be recruited. Functions to be carriedRead MoreImportance Of Biodiversity Conservation1295 Words   |  6 Pagesdevelopment. Biological resources should be protected and used to improve human conditions in ways that the world varieties of species will not diminish (Egunyomi and Salaam, 1996). NEST (1991) stated that over 350,000ha of forest and natural vegetation are being lost annually in Nigeria. One of the most effective and best means of conserving biodiversity is to prevent the destruction or degradation of our environment. Unfortunately, these countless species of flora and fauna resources found in our forestRead MoreGenetically Modified Organisms ( Gmo )2101 Words   |  9 PagesUniversity of Minnesota’s website (http://enhs.umn.edu/current/5103/gm/harmful.html), GMOs are used widely in industry, pharmaceuticals, and agriculture. GM microorganisms have been used to produce enzymes in food industry and pharmaceuticals for human use. GM plants such as crops are invented to improve product characteristics and pest resistance; GM trees and flowers are also created for similar reasons. GM animals, on the other hand, are not as common as plants. GM mammals are mainly createdRead MoreThe Research On Marine Mammal Captivity1332 Words   |  6 Pagesa range of themes, from their unique level of intelligence to why they may mentally and physically suffer in captive environments. However, it all connects to how and why these animals live and behave differently in captive environments than their wild counterparts. I had a unique method to how I researched the literature. Since marine mammal captivity is a personal interest of mine, I have attended educational conferences on the subject where I have made friends with many scientists such as DrRead MoreZoos And Sanctuaries For The Entertainment Of Human Beings870 Words   |  4 PagesThere are many different viewpoints to animals being housed in zoos or sanctuaries for the entertainment of human beings. My personal outlook on this issue, and what I will be discussing in Project 4, is that animals are not in any danger in zoos as long as they are in healthy and comfortable environments. Zoos would tell you that they save endangered species and entertain the public, but animal rights activists would say differently. They say that the violation of the rights of animals is insulting

Wednesday, May 6, 2020

Roman Empire and Nero - 1045 Words

Explain the role and contribution of Seneca to the reign of Nero Seneca was the personal advisor of Nero during his reign. He was a stoic philosopher who played a vital role in the running of the empire. Seneca contributed in many aspects of Nero’s reign by introducing reforms, bringing stoicism into practice and playing a key role in the senate. Seneca aided in important decision-making. He led Nero down an appropriate path, particularly when Nero became extremely erratic. He served Nero well and made an excellent contribution during his reign. Seneca understood the problems of Rome so he was able to introduce reforms, which benefited the people. He made conditions for slaves more humane, introduced fiscal reform and introduced a†¦show more content†¦Credit for this successful relationship must go to Seneca who put the words into Nero’s mouth and was able to satisfy the senate by giving them what they wanted. A cooperating senate meant that the empire was able to run much better during Nero’s reign. Further on in Nero’s reign, Seneca began to see a change. He grew more erratic and extreme. From here it became the role of Seneca to curb his enthusiasm. Tacitus describes this job as â€Å"To direct his deviations from virtue into licensed channels of indulgence.† The shows that Seneca fulfilled his job by avoiding activities that would result in scandal. Nero’s frustration grew out of many of his liberal ideas failing and it was the role of Seneca to alert Nero about his policies if they were ineffective or bad policy. Although Seneca was unable to change the personality of Nero and his behaviour, he was able to contribute to the outcome of his actions. Seneca benefited the empire by avoiding decisions, which would consequence in revealing Nero’s awful erratic side. This benefited the empire in that Nero was still able to be favoured as the Romans did not see the worst of his erratic and extreme personality, as well as stopping Nero from making rash dec isions that would not help his reign by informing him when policies or ideas were not recommended. Seneca’s contribution was beneficial for all aspects of Nero’s reign. He was able to advise Nero on important decision-making andShow MoreRelatedThe Roman Empire and Nero Essay944 Words   |  4 PagesThe Roman Empire and Nero It is the beginning of the first century A.D. Seneca, chief Roman tragic writer and philosopher in the time, who just came back from exile is summoned to the Roman emperors castle by the old emperor Claudius wife Julia Agrippina. He is assigned to tutor her son, Nero. Nero is a spoiled little twenty-year old fat freak hungry for gladiator-ism. He hates his step- father, Claudius for he always treats him as a good for nothing child, which he is. Where-from heRead MoreThe Life of Emperor Nero Essay1744 Words   |  7 PagesEmperor Nero, infamously known as one of the most malevolent, oppressive, and tyrannical leader throughout history, was the last ruler of the Julio-Claudian Dynasty. He was born outside Rome in Antium and his mother married his great uncle, Emperor Claudius, in order for her son to be the next Emperor of Rome. It wasn’t apparent that her son was to become one of the most feared and cruel leaders in Roman history from 54 CE to 68 CE. By examining his achievements and failures as an emperor, his influencesRead MoreConnections Between U.S. Presidents and Roman Emperors1112 Words   |  5 Pagesand two Roman emperors, Augustus and his great-grandson, Nero. After a 20-year period of transition from the republic and the assassination of Julius Caesar, Augustus returned to Rome forming an alliance with Mark Antony and Marcus Lepidus known as the Second Triumvirate which led to the establishment of the Roman Empire. The first 206 years of the Roman Empire were known as Pax Romana, because it was a time of peace and prosperity from 27 BC to 180 AD. What started out as a small Empire, throughoutRead MoreThe Failure of Rome’s Economy and the Fall of the Roman Empire995 Words   |  4 Pageseconomy contributed majorly to the fall of Rome. The Roman Economy during the late Republic and Early Empire was based heavily on Agriculture and Commerce. Agriculture in ancient Rome was not only a necessity, but was idealized among the social elite as a way of life. Cicero had considered agriculture to be the best of all Roman Occupations (Sarudy). There had been a lot of trading between the provinces of the empire, and all regions of the empire w ere largely economically interdependent. Egypt wasRead MoreThe Life and Times of Nero Essay1582 Words   |  7 PagesThe Life and Times of Nero Carlo Maria Franzero was born December 21, 1892 in Turin, Italy. He was educated at the University of Turin. Upon the commencement of the Second World War, Franzero fled Fascist ruled Italy for England. He worked in England as a journalist for the London Daily Telegraph during World War II and later he served as a correspondent for Il Tempo, a Roman newspaper. His expertise is Ancient Roman and Italian History. Other notable works by Franzero are The Life andRead MoreChristianity And The Roman Empire979 Words   |  4 PagesSince the beginning of the Roman Empire, religion has always been a big influence in this state. Romans were polytheists believed in many Gods, they had the God of sun, moon, rain, etc†¦ But it was after the third century when Christianity started to form part and get a place in the Roman Empire. Christianity made a huge impact in Rome. Also, followers of this religion suffered from emperor’s thoughts and conclusion about Christianity. Furthermore , the Christians were in persecution for many years;Read MoreCorrupted Imperial Rome1089 Words   |  5 PagesAugustus declared himself the position of emperor. Then, he gave supreme power to the office of emperor so that he could reorganize Roman territory (Stevenson). This period of unrest and civil wars marked the transition of Rome from a republic to an empire. Rome began to prosper once again, and the emperor came to be looked upon as a god (Imperial Rome). Caius Verres was a Roman administrator that held a variety of posts before serving as governor of Sicily from 73 to 71 B.C. He was known for his corruptionRead MoreNero : The Selfish And Cruel843 Words   |  4 PagesNero: The Selfish and Cruel Rome is considered by many to be one of the greatest empires in the world. Many great rulers like Augustus and Trajan made Rome the great nation we know of today. Some rulers, however, were not great leaders and were more focused on their own interests. The empire was in danger while under the rule of these cruel men. One of these men had the name of Nero. Nero was born in A.D. 37 and died in A.D. 68 when he committed suicide (â€Å"Nero,† par. 1). Nero originally had theRead MoreThe And Christianity Of Christianity1744 Words   |  7 PagesCourage and Christianity Christianity is one of the worlds most recognizable religions today. With every major religion, a struggle has to be overcome in order to be successful. Over a period of hundreds of years, Christianity spread through the Roman empire. The spreading of Christianity was not an easy task but a terrifying task that took the brave to conquer. Although several powerful rulers were important in spreading Christianity in Ancient Rome, it would not have taken root if not for its appealRead MoreAgrippina Influence1557 Words   |  7 Pagesinfluenced her power before her marriage to Claudius. She was born into the Julio-Claudian bloodline making her an Imperial woman of a noble dynasty, she was as a result of her family background reasonably wealthy and educated, she had the backing of the Roman Army as her father Germanicus was the commander of the 5th legion of the army in Germany and finally her two marriages which provided her with wealth and a son to be heir of the throne. The Julio-Claudian dynasty ran strong before and after the birth

Tuesday, May 5, 2020

Bill Becomes a Law

Question: How a Bill Becomes a Law? Answer: Situation: Is This Something Than Can Be Legislated? Identify the problem/concern: Mandatory overtime as a recruitment tool poses potential harm for the safety and care given to patients. This is not just a threat to patients at large but also to Nurses. There is a need of a legislative tool that is against the mandatory overtime of the Nurses employed. State your proposal/idea. The concept of mandatory overtime of nurses is the most common problem they face. This has led to staffing insufficiencies. Federal legislations have placed limitations on the work time in other industries. However, there is no legislation in the field on nursing to restrict mandatory overtime. Therefore, the proposal is to make a defined law that does not restrict nurses for mandatory overtime. Background: Do Your Research Include studies, reports, personal experience, or anecdotal stories related to your proposal. The American Nurses Association surveyed of nearly 5000 nurses conducted in the year 2000 exposed that more than 67 % are working unintended overtime every month. A report commissioned by the Health Care Research and Quality in the year 2003 depicted that long work hours have posed serious threat to both the patients as well as the patients. Has there been similar legislation introduced and/or passed in other states? If so, include it.In New York, Restrictions on Consecutive Hours of Work for Nurses law (effectiveJuly 1, 2009), is enacted. In Pennsylvania, the Prohibition of Excessive Overtime in Health Care was enacted to restrict the working hours of the nurses. In the year 2009, Texas passed mandatory overtime restrictions (Bae Kovner, 2012). Assessment: Finances And Stakeholders Identify financial impact if any (e.g., added costs, cost savings, increased revenue): The growth in overtime work however is a boon to the US health results. But, there is a conceded unhealthy cost that never can be accommodated. Annual work hours are more than 4% per hour. Practically, every industry within the bellwether-manufacturing sector has reached a record by the end of the year 1990 (Kleiner Schmann, 2015). Identify stakeholder groups that would support this bill: Nurses, patients and nurses association are the stakeholders in this issue as it can directly affect their safety. The prolonged working hours causes threat to both the patients as well the nurses. Identify people/groups that would oppose this bill: The groups and people that would oppose the Bill are hospital organization. It is the hospital and there in charge, that will have to bear infrastructural costs. Recommendation Make an appointment with your legislator to discuss your proposal. Reference List: Bae, S. H., Brewer, C. S., Kovner, C. T. (2012). State mandatory overtime regulations and newly licensed nurses mandatory and voluntary overtime and total work hours.Nursing outlook,60(2), 60-71. Kleiner, S., Schunck, R., Schmann, K. (2015). Different Contexts, Different Effects? Work Time and Mental Health in the United States and Germany.Journal of health and social behavior,56(1), 98-113.