Race and Ethnicity - 732 Words

Race and Ethnicity For long there has been a notion that the minority groups are usually poor and have a low living standard as well as contribute less to the economy of the USA. However, there is a group that is fast growing and is surmounting odds in overturning this notion. They are striving hard to attain the highest possible academic and economic levels in order to match the majority white population. Indeed they are surpassing a significant number of the white population; the Asian Americans. This class of Americans has come to be referred to as the Model Minority which is a term that came into use due to the distinct rise in level above the other minority groups in economic, academic and social statures. They are seen to be the high end Asians with proper education and property, engaging in trade and politics of almost all the states of the USA, and this has changed my view about the minority in a significant manner. Though in reality there are more than half the populations of the Asians who at tend community colleges and even the four years colleges, there is a general overshadowing of this group by their richer counterparts. As noted by Los Angeles Times Gale Holland (2008), there are two separate populations, one high-income and high-education attainment, and then a second group, equally important, that is low-income and low-education attainment ¦ The [first group] has completely overshadowed the existence of the other group of folks. This indicatesShow MoreRelatedRace, Ethnicity And Ethnicity917 Words   |  4 Pageswould like to discuss the issue of race and ethnicity in sports. We will also explore the bigger questions. How much does race and ethnicity matter in the sports world? Are certain races dominant in certain sports? Is there a difference in how we treat players based on race and ethnicity? Does it matter? I would like to answer some of these questions and gain a better understanding of how much of a part they play. Introduction Race and ethnicity in sports is a very delicate subjectRead MoreDimensions On Race And Ethnicity848 Words   |  4 PagesSection Review 2: Dimensions on Race and Ethnicity A.) Summary and Reaction This section review covers the factors related to racial and ethnic identity. The text stated that racial identity is self-determined and incorporates the values from one’s cultural group (Schwarzbaum Thomas, 2008). The text also explained that ethnic identity can vary from family to family and can lead to value-based conflicts within a family (Schwarzbaum Thomas, 2008). I thought this section also did a great job inRead MoreSociology : Race And Ethnicity962 Words   |  4 PagesRace and ethnicity are commonly used as synonyms for each other as we encounter many diverse individuals throughout the world. Sociologist on the other hand, find very distinct understandings to how these terms, while different, hold correlation to one another. Max Weber, a founding figure of sociology, was one of the first to define race and ethnicity. He stood with the idea of essentialism which presumes that and individual s identity depends on fundamental and innate characteristics that areRead MoreA Brief Note On The Race And Ethnicity850 Words   |  4 PagesRace and ethnicity have always been a difficult topic to talk about, but not because I am embarrassed, but because to this date I’m still confused. Most of the time I find myself confused and asking questions such as, who am I? Where do I belong? When I get asked about my race I always say Hispanic or Latina; I don’t even know what I am. In high school my Spanish teacher once told me that Hispanic and Latina is not the same thing. Hispanics are individuals who are related to Spain and Latinos areRead MoreEssay about Race and Ethnicity487 Words   |  2 Pagestopics of race and ethnicity, I myself had nervous tendencies in assuming that such a class may not strengthen my understanding of ethnic and race relations. I realized I knew little about race or ethnicity, and even the possible similarities or differences. However, I welcomed the opportunity to further discover the possibilities of the class. My understanding of race was concentrated in a definition that could be understood as different skin colors. My limited conception of ethnicity applied toRead MoreRace And Ethnicity : Biological And Sociological Factors957 Words   |  4 PagesRace and Ethnicity both relates to biological and sociological factors respecti vely and even though they can overlap, they are distinct. The term race refers to the concept of dividing people into populations or groups on the basis of various sets of physical characteristics (which usually result from genetic ancestry). Race presumes shared biological or genetic traits, whether actual or asserted and the category to which others assign individuals on the basis of physical characteristics. Races areRead MoreRace, Religion, Social Class, And Ethnicity1274 Words   |  6 Pagesguided by how you identify. Identification in one’s gender, race, religion, social class, and ethnicity are all driving forces behind your future self. Identity is a crucial part of who you are, and in recent studies and experimentation researchers have been trying to identify new, untested factors that influence behavior in people. Although, in the past there hasn’t been a strong focus on the positive and negative effects of race and ethnicity, the conversation is now shifti ng to align itself with theRead MoreRace, Ethnicity, Art and Film Essay826 Words   |  4 Pagesanalyze race relations, ethnicity and how art and film relates to these social issues in their cultural context. Art and film have played vital roles in advocating for a society free of ethnicity and racism. Using vivid descriptions and evidence of both text and a movie this paper seeks to relate accordingly the concerned issues and factors affecting these social vices. It will demonstrate race and ethnic tendencies in diverse cultural contexts. As a demographic phenomenon, ethnicity is belongingRead More Race and Ethnicity According to Anthropologists Essay1797 Words   |  8 PagesRace and Ethnicity According to Anthropologists Examining the ideas and beliefs within ones own cultural context is central to the study of Anthropology. Issues of Race and Ethnicity dominate the academic discourses of various disciplines including the field of Anthropology. Race and Ethnicity are controversial terms that are defined and used by people in many different ways. This essay shall explore the ways in which Anthropologists make a distinction between race and ethnicity and how theseRead MoreEducational Institution Effects on Race and Ethnicity621 Words   |  2 PagesINSTITUTION EFFECTS ON RACE ETHNICITY Race and ethnicity are usually used interchangeably, however they are not same. Ethnicity is described by the group on the basis of family history, national foundation, and forefathers. Ethnicity cannot transform, although elements of a particular ethnic group’s community can transform. Race is a term that attempts to categorize human beings into distinct groups by their Phenotypes according to skin color, eye color, etc. All over the history, race has been usually

Just Shy of Mediocre - 835 Words

Writing has never been my strongest talent. I can enjoy writing a paper or story, but that is usually when it is not assigned to me. I have always felt that my assigned papers read like they are forced. I think I am a poor writer and my skills are very unfinished. I feel that I am competent in organizing my papers and thoughts. However, I have never been able to structure sentences correctly. This makes me a poor proofreader as well. My first essay was graded down largely for my sentence structure. My proofreader has told me that I often end sentences in propositions. Citations are new to me. I never had to write papers with sources in high school, and had never heard of MLA until college. As of now, I still need a lot of help with sources and citation. All sources cited this semester required the help of my professor to ensure they were done correctly. I feel like I write too loosely. My voice is strong in my papers and that can lead to a sloppy portrayal of my topic. I don’t consider my audience as a formal interaction. My papers often seem to speak directly to the person I know will be reading the paper. I need to work on addressing more than one with my writing. This is to blame when I realize how many times I’ve placed the word â€Å"you† in a paper. This has been in all five of the first essays this semester. This problem comes from my lack of experience with writing. It has always been a casual process for me. I have never, to this day, had to write a term paper orShow MoreRelatedIs Education A Good Or Bad?954 Words   |  4 PagesYou learn something new in everything you do. Whether it’s surfing the internet or getting your first job. If you don’t look to learn something then you’re going to end up going to a website you shouldn’t be on or getting fired from your job. If you just expect to skate through life rather than learn something from every lesson life throws at you. You’re not going to lear n anything at all. What are you going to tell your future children? How will you afford to put a roof over their heads? Or food onRead MoreReflection Paper755 Words   |  4 Pagesteacher greatly shaped me as well as my reading and writing skills today, it did not come without drawbacks when I transferred to a public school for the first time. Highschool was the first time that I attended public school. This is when I discovered just how much personal accountability it would take to stay on top of all the essays and Shakespeare worksheets not to mention the other three teachers that expected I complete their assigned homework every night. Needless to say the grades got worse andRead MoreThe Most Valuable Characteristics Of Leadership933 Words   |  4 Pagesaccumulating. There are decisions to be made and actions to be taken, but this time Superman is not around to save the day. Who will step in? Only a true leader can leap into hectic situations and handle the pressure with equan imity. We don’t look to mediocre talent to solve problems, but rather we gaze upon the godly characteristics that a leader possesses. Finding a leader is not like playing a game of â€Å"Where’s Waldo?†, but rather it’s more like watching a blazing firework illuminate the dark sky. TheRead MoreFreires Banking Model and My Goals for Education893 Words   |  4 Pageslife my parents were in charge of my education and they generally selected schools for me which were considered good located in safe neighborhoods and with reasonably satisfactory test scores for the school at large. Schools like that generally mediocre and run of the mill thrive on the banking model of education and believe that the students job is to learn facts via memorization and then regurgitate it for the next quiz, only to forget it and then regurgitate it for the final exam. This typeRead MoreShort Story841 Words   |  4 PagesThere once was a boy named Mac, Mac didn’t have a ny friends outside of school because he was always to shy to ask other children with and his family was too busy to notice. He was so bored sitting around with no one else to share his life with. Nothing to do, no one to do it with. He was all alone just playing in his basement, watching the occasional television. It was miserable. â€Å"Hmmmm I need a friend, a companion, a pet maybe?† he asked himself. Right away he went to the pet store to get thisRead MoreI Didn t Start Playing A Kid874 Words   |  4 PagesThere are many discourse communities that I am affiliated with, however I think basketball is the most developing community I’ve ever belonged to. Just like any sport, many individuals learn how to play as a kid. Most participate recreationally, while others participate competitively with their peers. I didn’t start playing competitive until I was in middle school. The coach enabled me to become a part of this discourse community. Once I made the team I was a valued member of that community. ThereRead MoreMy Literary Analysis On The Black Girl919 Words   |  4 Pagesdoesn’t really say much about their races. However, I would like to point out, earlier Twyla’s mother was described as dressing inappropriately, while Roberta’s mother seemed to be more on the cons ervative side, and Christian, and very religious too, not just one who says her religion but does not practice. The fact that the tables have somewhat turned, makes for good evidence that the way they turned out was not because of their race. They both move on and end up getting married and after they have theirRead MoreHealth Care Pros And Cons888 Words   |  4 Pagesof the fact that U.S. social insurance spending is exceptionally wasteful, little proof it subtracts from expenditures on different merchandise and ventures. In U.S dollars, social insurance spending was $9,086 per capita in the U.S. in 2013, versus just $4,569 in Canada. (These costs are accounted for at acquiring power equality, which alters the outside money trade rates for contrasts in average cost for essential items) (Karen E. Lasser; David U., 2014). At twofold the per capita cost of CanadianRead MoreCharacter Analysis in Death of a Salesman, by Arthur Miller785 Words   |  4 Pageswillingly deluded by the fantasy of what he might have been or what his sons might have become and the mediocre reality of the way life actually is for the Loman family. Arthur Miler’s â€Å"Death of a Salesman† portrays the shattered relationships hidden inside a fallacy of grandeur that a father has with his two sons. Biff is home for a visit and is talking with his brother, Happy in their room just as they did when they were young boys. Willy has come home prematurely from a business trip and isRead MoreMohandas Karamchand Gandhi s Independence Movement1355 Words   |  6 Pageswas the favorite child of the family, they gave him a nickname, ‘Moniya’. Moniya adored his mother a lot. He loved his father too, but he was a little afraid of him. Mohandas very seldom stays at home as a child, he likes to play outside, he would just go home to eat his meals and then continue again playing outside. When one of his siblings tease or playfully pull his ear, he would run home to complain to his mother. He never hit back his siblings whatever they do him. (Life Story of Mahatma Gandhi

Life stage Free Essays

string(117) " child is sure of himself and self-esteems himself in a positive light as against withdrawing into himself in shame\." Psychodrama counseling and therapy Involves a number of Important elements, which perhaps Is what makes the psychodrama approach more and more interesting to those who go on developing in their work. (E. G. We will write a custom essay sample on Life stage or any similar topic only for you Order Now Erik Erosion’s work on life stages and the object relation theory) While in no sense wishing to undervalue the importance of basic listening and responding skills, nor the centrality of a positive therapeutic relationship, the ongoing experience of working with people leads to more and more thirst for understanding how and why different personalities unction differently, why people think, feel and behave the way they do (Jacobs Michael, 1998). – Consider deleting the above. Our experiences and the world around us daily confront us with the fact that effects have causes. Erosion’s work on the theory of psychosocial stages of development and Melanie Kelvin’s contributions in the Object Relations Theory will be focus of my discussion In the first part of this work. Erikson emphasizes that personality develops in a predetermined order and build upon previous stages of development – the epigenetic principle. He holds that the ego successfully develops when it is able to strictly resolve problems that are socially related. With Klein, the early stages of life are very strategic in the nature of the child’s unconscious phantasm visit-a-visit its interaction with the world of reality. This period, she holds, forms the basis for the later development of more complex states of mental life. Erik Erosion’s Theory of Life Stages While Freud puts great emphasis on the id and its conflicting interaction with the superego, Erikson talks about the ego and its interaction with the socio-cultural environment. Erosion’s model is a combination of â€Å"psychosocial† and â€Å"psychosocial† elements. There can sometimes be an attempt to overcome the human tendency to mistake what can be submitted to established techniques for the true nature of things. – Consider deleting. In his opinion, healing always calls for a holistic attitude that does not argue with established factors but to attempt to Include them In a wider context of some enlightening quality. (Erikson Erik, Erosion’s historical experiences Influenced his assumption that â€Å"a human being’s existence depends at every moment on three necessary and complementary processes† (Erikson, 1997). These processes are: The biological process – the functional connectivity of the efferent organs that constitute the human body (soma). The psychic process – the function of the psyche which Is responsible for the Individual’s experience In the form of the ego synthesis (psyche) and, The communal process – which is about the cultural organization of the interdependence of persons (ethos). There is a symphony among these processes that bring about holistic human event. Hence, any form of failure or the isolation of any one part of the three processes results in somatic tension. In view of the indispensability this Interdependence – the organisms principle, Erikson maintains that the process Is Inevitable grounding of the In his description, epigenetic refers to the probability that all growth and development follow analogous patterns. In the epigenetic sequence of development, each organ has its time of origin. (Erikson, 1997) According the epigenetic principle, we develop through a predetermined unfolding of personality, which occurs in eight stages. This principle emphasizes the importance of each organ developing properly at the appropriate stage. He writes that (Erikson, 1997) â€Å"If the organ misses its time of ascendancy, it is not only doomed as an entity, it endangers at the same time the hole hierarchy of organs, â€Å"Not only does the arrest of a rapidly budding part tend to suppress its development temporarily, but the premature loss of supremacy to some other renders it impossible for the suppressed part to come again into dominance so that it is permanently modified. † Improper development gives rise to detrimental situations. For instance, it could force a child into adulthood. One idea that calls to mind here is the sometimes misapplication of the concept of â€Å"responsible person† in some societies. Children are passively or actively forced to take up great responsibilities which, given their extent f experience and maturity, are not befitting of their age. Thus, the natural process of psychic development is truncated. The possible consequence of such a marred process, lacking in the right support or experience, is maladaptive behavior patterns or malignant behaviors. In a normal physical and emotional development, the individual is faced with tasks that generate in them a trust-mistrust way of relating to their environment. Erikson argues that a balanced form of learning rests on how, say the trust-mistrust elements are managed by the ego. He holds that (Erikson, 1997), â€Å"How, after birth, the maturing organism continues to unfold, by growing playfully and by developing a prescribed sequence of physical, cognitive, and social capacities- all that is described in the literature of child development †¦ If properly guided, can be trusted to conform to the epigenetic laws of development as they now create a succession of potentialities for significant interaction with a growing number of individuals and with the mores that govern them†. Hence, the individual stands the chance of growing psychologically stronger insofar as they are given the appropriate support at each stage of development by the key persons. Erosion’s psychosoc ial theory considers the impact of external factors, like parents and the society, has on personality development from childhood to adulthood. Every person must pass through a series of eight interrelated stages over the entire life cycle. 1. Infancy: 0-18 Months Old/Trust versus Mistrust. The right amount of feeding and care is pretty much the determinant factor at this stage. Erikson emphasizes that if the infant is well fed and cared for, it will develop a healthy balance between trust and mistrust. This however excludes over-indulgence mistrust. On the other hand, infants who grow up to trust are more able to hope and eve faith that ‘things will generally be okay’. 2. Muscular – Anal: 18 Months-arrears: Autonomy v Shame. At this stage, a sense of independence of thought, basic confidence to think and act for oneself begins to generate. During this stage the well-cared for child is sure of himself and self-esteems himself in a positive light as against withdrawing into himself in shame. You read "Life stage" in category "Life" At this stage, defiance, temper, tantrums, and stubbornness can also appear. At this period, children tend to be vulnerable. Besides being shrouded in shame, they are also impacted upon by low self-esteem if they become aware of their inability to learn certain skills. Locomotors: 3-6 Years – Initiative versus Guilt. At this stage the child develops a sense of responsibility which increases their ability to use their initiative. During this stage they experience the desire to copy the adults around them and take initiative in creating play opportunities. They also start to explore the world around them, asking the â€Å"why-questions†. Guilt and sense of inferiorit y result from being admonished or when there is a belief that something is wrong or likely to attract disapproval. At this stage the relationship with the family is very significant. 4. Latency: 6-12 Years – Industry versus Inferiority. Here, the child develops the capability of learning social skills that the society requires of them. There is a strong desire to acquire numerous new skills and to acquire knowledge, which helps them to develop industriously. If for any reason there is stagnation, the child may experience feelings of inadequacy and inferiority among their peers. They can have serious problems in terms of competence and self esteem. Here competency is the virtue to strike the balance. 5. Adolescence: 12-18 Years- Identity versus Role Confusion. In adolescence, some form of conflict between struggling to belong to a particular group, being accepted ND affirmed by the group, exists in young people, amidst the desire to also become individuals. This in itself is a big dilemma for them. It is mostly in the early part of this stage that pubic consciousness sets in. 6. Young Adult: 19-30 Years: Intimacy versus Isolation. Young adulthood is the middle stage of adolescence and the concern at this stage of development centers around issues of independence from parental influence, and moving towards autonomy and self-direction. There is also the desire for economic independence. Hence, in order to chart a career path, striving to make the most of homeless in the best possible way. 7. Middle Adult 30-65 Years: Generatively versus Stagnation. The adult person concern at this stage is to embark on projects that will outlast him; leaving legacies could be having children or establishing projects that will benefit others in the society. It can be making one’s mark in the scheme of affairs in the world. Simply, it is to make better the world around us by actively caring for others according to one’s capability. Generative feelings contrast with those of stagnation in that in the latter, the individual think of themselves as unproductive and uninvolved in the world round them. Stagnation evokes feelings of disconnect with their environment and failure to improve their life or the society in which the live. Thus, it is a stage whereby to find a sense of purpose and identity informs every experimentation that the adult embarks on. In sum, it is a lasting self image-making adventurous stage in life and in some ways, linkable with the first stage. 8. Maturity/Late Adulthood 65-Death: Ego Integrity versus Despair. This is the stage of stock taking of how one lived their life. It is a moment when thoughts of a productively lived life are rewarded with feelings of fulfillment and integrity on count of one’s industrious involvements in the world around them. Or it could be a time of regret and despair for misused opportunities upon reflecting on their experiences and failures. Those who feel proud about themselves indicate they have lived accomplished life hence they associate integrity and satisfaction to themselves. Not having much to regret about their life, they can attain wisdom even when confronting death. The unaccomplished person will feel they have wasted their lifetime and are thus left in bitterness and despair. Nonetheless, these stages are however not set in stone. Though certain issues are nonfood to a particular stage, some others which seem to be pertinent to particular periods can surface at any other time. They are not always resolved by passing through the one stage alone. They could sometimes remain a concern throughout life. Jacobs Michael 1998) OBJECT RELATIONS THEORY: In Fraud’s psychoanalysis, the term, â€Å"object† is employed to designate the target of all drives. The object in Fraud’s view is a means through which gratification can either be obtained or denied. Object in Fraud’s psychology is secondary for the reason that it does not form part of the constitutive nature of drives. But with Melanie Klein, elation’s to object are very central to her psychoanalysis, for in her views, it constitutes the fabric of the self. In her contributions in the object relations theory, she explains the nature of the child’s unconscious phantasm concerning its mother’s â€Å"inside†, which is populated by varieties of organs and babies. She argues that this phantasm is carried on in earlier months of life, but at this time, it is about the child’s â€Å"inside† or its internal presence which is populated by body parts substances and people etc. As development progresses, the child’s experiences with objects in its environment and significant there are internally represented in images. According to Stephen A. Mitchell, (1981, 2), Klein holds that the state of one’s internal object world forms the basis of their relations with internal and external objects, as well as the drives, closely bound together, constitute the crucial determinant of the most important psychical process. Klein argues that internal objects are inherent in the child and prior to experience. As development progresses the child’s images of objects gradually take on aspects of the real object they represent in the world. The desire to find the real representation f these earliest internal images in relation to a child’s environment informs its loving or hateful drives. Klein posits a somewhat similar idea of death instinct in further explanation of the inherent, fantastic early object, as does Freud. She argues that, immediately following birth, the child feels within itself, a threat to its life and this must take place if it is to survive. This is seen in the cry which a child gives off at birth. She holds that the child’s first experience of an object in the internal or external world at this point grows out of perceptual misinterpretation of some foreign object whose purpose is to annihilate the child. This sort of experience, Klein explains, accounts for subsequent frustration of bodily needs, physical sensations, tension and discomfort in life. Conversely, pleasurable sensations are attributed to good forces. Klein holds that a child has no sense of self or any rational mind, amidst huge and unmediated feelings. The mother is psychologically the child’s ego and the means of dealing with these feelings. She argues that (1957, 248), â€Å"†¦ The infant has an innate unconscious awareness of the existence of the mother this instinctual knowledge s the basis for the infant’s primal relation to his mother. † Hence, having a great mother has a huge impact on the wellbeing and development of the child, as well as its psychosis later in life. In contrast to Fraud’s emphasis on the intra-psychic conflict of sexual drives, Klein, emphasis is on the breast. For her, the object of the mother- baby relationship is all about the breast. In place of libidinal drives, she posits aggressive drives as the force of the object of a child’s relations to its creating environment. Thus, the breast is no less an object for the child as do its mother and father. Object relations theory is largely maternal in approach because it stresses the foundational impact of the intimacy and nurturing of the mother on the child. The relations aspect of Kelvin’s theory points to the nature of the structure of interpersonal relationships. This structure can be usefully employed in exploring and tracing what and how experiences might be the cause of present psychosis. â€Å"CAN WE EVER LEAVE THE PAST BEHIND†? The relationship between the present and the past is a fascinating one. The idea that the past influences the present can be argued for based on the principle of cause and effect. According to Jacob Michael (1998) â€Å"Older philosophical thinking used this as one of the arguments for the existence of God: that wherever there is an effect, there must be a cause; since behind every cause there must be another, this sequence extends into infinity until the prime cause is reached†. Occasional allusions to insights of some psychologists At a very general level, in the human society is indubitable that civic policies and laws take their shape and form from experiences of the past. Much so, it is with human behavior in all its complexities. Past experiences can act as stabilizing and purporting scripts in fluence on the trajectory of a present lifestyle. The extent to which this is exclusively true cannot be wholly guaranteed, however. It may also be that suppressing past conflicts is much more pragmatic for some others, and presents a rather fluid ways of managing the present, only that such approach leaves one a prisoner of an unresolved past until it is attended to. It is worth noting that, however one decides to suppress the past, certain events in the present will somehow unravel it. The bereavement experiences of a friend whose mother passed away is one of many examples that calls to mind which demonstrates that past experiences impact on present. Rose, the first child and only sister of five brothers developed a strong bond with her mother. The mother, for her represented her other self. Hence, she was an integral part of Rose development as a human being. The extent of the relationship was such that, now that her mother is no more, Rose finds life rather â€Å"meaningless and worthless to live†. From our discussions, I can deduce and summaries her feelings thus, â€Å"The pillar on which she leant, having now fallen, portends a threat or imaginable discomfort to her continued existence. † Two points seemed operative in the deep bonding that Rose had with her late mother. First, she is the only daughter and had been taught by her mother on how to be domesticated as is generally and proudly the natural character of African women. As a hardworking and industrious woman her mother remained a model for her. Secondly, to be a first child in the African setting, one gradually develops a sense of responsibility to looking after their younger ones. Of course, Rose as a social being needed to relate and share with someone with whom she found compatible. She was more naturally inclined towards her mother, being the only woman in the family. Though she has friends, her mother was top in her list. She grew to understand what it meant to be loved, supported and to be a responsible woman from her mother. Now that her heroine is no more, Rose is at the stage where she feels an abysmal hollow in her life such that deflecting its impact and projecting her mother’s fugue into her environment is indeed a struggle, having recognized that, she nevertheless, has to find a way to continue to live. How to make best of the â€Å"here and now’ is a challenge that confronts her. Thus, to break away from the deeply grafted emotional attachment to her mother is indeed a huge challenge. Thus, on the question of â€Å"can we ever leave the past behind†, and based on the instances of Rose’s present condition, I will state that it is somewhat of a difficult a thing to do, depending on how our relationship is impacting on us at a given time. Discussions that we had, I kept the principle of â€Å"triangle of insight† in view while making my inputs Just so that a possible link might be made between the developmental patterns of the images of her internal and those of her external oral; the past and the present. No matter what the content of our past is, it is well worth our while to approach it with an open mind. This can either help us to understand how our past consciously or unconsciously interferes with our present or how to make best of a not-so-good condition. Rose understands that she needs to get on with life. It is the how of it that is the real task. She needs facing the inevitable with confidence and with a degree of mental and physical independence. Hence, she needs embarking on resolving her past by taking up the tough task of emotional attachment from her late intimate friend, less her physical discomfort in all its forms persist and her instinct for life remains threatened. From Rose’s story, I gathered that her mother represented more of a trust figure, while others were somewhat of mistrust figures. She experienced a great deal of protection from her late mother that she so thought of herself as being fragile. Rose’s intimacy with her mother appeared not to have given her the opportunity to develop a much healthier relationship with her peers (Erikson). That being the case, she is now faced with the challenge of establishing a trusting relationship with others. As much as she cherishes the memory of her mother, she must be careful not to allow her qualities have an overbearing effect on her inevitable adventure, less it will be difficult to establish the degree of trust that her moving on in life needs. Conclusion: The past is in some way informative of who we are, how and why we relate to others the way we do. And so, looking into the past is very necessary but we need to be careful as not to become stuck in it or too Judgmental about ourselves or past history; for there is always something to take from the past in order to meaningfully chart the resent course of life. Rose can only come to terms with the fact that her mother is no more, it is impossible that she will leave her memories and friendship behind. On the basis of the foregoing instances, my position is that it is impossible to completely leave the past behind. Klein, Melanie, (1957) ‘Our Adult World and its Roots in Infancy in Envy and Gratitude and Other Works, London: Hogwash, Mitchell, Stephen, (1981), The Origin and Nature of the â€Å"Object† in the Theories of Klein and Birdbrain. Contempt. Psychoanalyst. 17: 74-398, Accessed June 06, 2014, g:mom. How to cite Life stage, Essays

Previously Wound Up Or Liquidated Company -Myassignmenthelp.Com

Question: Disuses About The Previously Wound Up Or Liquidated Company? Answer: Introducation Theoretically, phoenix activity stems from the idea of a new organisation rising from the ashes of a previously wound up or liquidated company; the new company maintains the same nature of business and controllers(Anderson, O'Connell, Welsh, Withers, 2014). Phoenix activity can be legal or illegal; where an organisation fails but on resurrection maintains its worth, employee entitlements and other financial obligations to creditors then this is considered as legal Phoenix activity. However, engaging in calculated, and at times predictably repeated, liquidation in order to evade tax and other financial obligations is considered illegal phoenix activity(Fair Work Ombudsman, 2012). As such, whereas not all Phoenix companies are fraudulent, those formed with the intent to deceive employees and creditors are categorised as fraudulent and as such engage in illegal phoenix activity(Margret Peck, 2015). Societal benefits of Phoenix Activity Phoenix activity can be socially beneficial where a company is able to genuinely reinvent itself after failure. The benefit arises from the maintenance of employment, and services which in themselves contribute to the general economic growth of the society. Further, phoenix activity, also known as phoenixing, allows for efficiency in that the large transactions costs that would accompany an insolvency process are mitigated as a business core structure; customers, employees, suppliers and assets, are maintained(Roach, 2010). However, where the element of deceit to evade taxes and other financial obligations comes into play; Phoenix activity becomes a costly socio economic affair. Fair Work Australia in a recent report estimates that illegal phoenix activity costs the economy well over three billion dollars annually(ASIC, 2013). The objective of phoenix activity With regard to purpose, there is a dearth of literature exploring the underlying motivations of phoenix activity; it may be driven by the desire to protect a particular class of stakeholders, the desire to gain competitive advantage or the need to survive(Matthew, 2015). Legitimate Phoenix activity serves to allow for the continuity of responsibly managed organisations after experiencing genuine business failure. On the other, illegal phoenix activity merely serves as a means of generating personal wealth or creating an unfair competitive advantage for fraudulent directors and business controllers(Australian Government, 2009). Beneficiaries and losers of phoenix activity Phoenix activity affects various stakeholders within the industry. It affects the directors, shareholders, the business community or industry in question, employees, creditors, suppliers or contractors, the government and the economy at large(ATO, 2017). Directors who engage in phoenix activity benefit by way of gaining a competitive advantage over other organisations within the same industry, this is a creation of wealth. However, employees and creditors are likely to lose the most where Phoenix activity occurs; employees can lose employment, wages as well as other benefits such as superannuation which may have accrued prior to liquidation of the company. Creditors, on the other hand, are likely to be left with a company that lacks assets which can be used to recover what is owed to them. Additionally, governments lose a source of revenue with which to drive development in the community by way of service delivery; that is, construction and maintenance of hospitals, roads, education facilities among others. Further, as previously mentioned, phoenix activity is costly to the Australian economy. Reports estimate approximately three billion is lost through Phoenix activity annually; this is by way of tax evasion as well as lost wages which contribute to a loss of revenue(ASIC, 2013). Evidently, legitimate Phoenix activity is of great benefit as it allows an organisation the opportunity to reinvent itself and contribute to economic growth. However, where dishonesty and deceit come to play, only the fraudulent player's benefit and the larger society stands to lose significantly. Statutory prohibitions for phoenix activity Australian legislation, that is the Corporations Act 2001 (Cth), fails to expressly define or prohibit for Phoenix activity(Harley, 2014). The Corporations Act 2001 lacks specific provisions that would make Phoenix activity illegal. However, the Act highlights directors duties under ss 180-183 breach of which would accounting to illegal phoenix activity. Statutory breach by phoenix activity As aforementioned, whereas the Corporations Act 2001 (Cth) lacks specific provisions with regard to illegal phoenix activity, breach of various duties covered by the act by company directors would amount to fraudulent phoenix activity and as such elicit legal penalties. These obligations are provided for under ss 180-184 of the Act; additionally, the Act accords the Australian Securities Investments Commission (ASIC) power to liquidate abandoned companies as a precautionary measure to illegal phoenix activity. With this in mind, Phoenix activity may lead to a breach of the directors duty of care and diligence as provided for under s 180 of the Act 2001 (Cth). This is a civil obligation that requires company directors to exercise a reasonable degree of care and diligence while executing their company duties. In this regard, any decision made on matters relevant to company operations must be taken in good faith and for a proper purpose; that is, they should be in the best interest of the organisation and not a materialisation of personal interest. Additionally, according to s 184, where directors employ recklessness or intentional dishonesty in the execution of their duties they are in breach of their duty to exercise good faith and stand liable for a criminal offence. Using their position dishonestly with the objective of gaining personal interest amounts to a breach of duty; as previously stated, dishonesty and self-interest are distinctive features of illegal phoenix activity. Case study on phoenix activity Various cases in Australian law provide examples of phoenix activity; Australian Securities Investment Commission (ASIC) v Somerville Ors [2009] NSWSC is one such recent case that has set precedence in this legal area. The issue in question was whether t directors and a solicitor, Mr Somerville, were in breach of statutory obligations and liable for asset stripping or Phoenix activity after engaging in the restructuring of several businesses that were experiencing financial challenges. Mr Somerville had advised several company directors to restructure their failing companies by forming a new company and selling the old companys assets to the new one. The terms of restructuring included a transfer of assets, essential property, plant and equipment, termination and re-employment of staff and issue of new shares. However, outstanding liabilities were left under the old company; as such any creditors would lack assets to lay claim of what was owed to them. As such, the directors were able to preserve company assets without previous company liabilities. The Court, in its determination, found the directors in breach of their statutory obligations outlined under ss 181-183 of the Corporations Act 2001 (NSW). The Court was also convinced that Mr Somerville, as an advisor, had aided the directors in the breaches mentioned above. The directors, with the aid of their solicitor, had engaged in phoenix activity, business known as asset stripping which amounted to breach of duty. The impact of prohibiting Phoenix activity Three things reign true with regard to Phoenix activity; firstly there is no acclaimed definition, legislation does not provide an express offence and finally, restructuring businesses after failure is a recognised and accepted business activity in so far as statutory obligations are observed(Anderson, 2015). In as much as there is no specific prohibition or offence, there is an array of provisions in legislation that aim to combat improper conduct by company directors that would lead to phoenix activity. These can be found in the Corporations Act 2001 (Cth) as well as the Taxation Administration Act which provide penalty as well as disqualification provisions for directors(Anderson, Hedges, Ramsay, Welsh, 2017). A significant amount of scholars believe that regulators are well equipped with the current provisions to combat phoenix activity. However, the estimated cost of phoenix activity to the Australian economy, as aforementioned, intimates that this activity is still prevalent a nd much remains to be done. Proponents believe that an express Phoenix offence would transmit an educative message to directors and advisors in company matters thus increasing commitment to compliance with duties(Anderson, Hedges, Ramsay, Welsh, 2017). Compliance with the law is driven by three factors which could either be normative, calculated or social. Where one relies on their internalized values or moral reasoning to comply with the law, they are said to be normatively motivated to comply. Compliance, in this case, is influenced by social perceptions towards the behaviour in question. As such, express prohibition of a certain activity increases its perception as immoral and thus motivates compliance. In the same regard, social as well as calculated factors also support the proposal to adopt a Phoenix prohibition. Based on this ideology, scholars argue that a Phoenix prohibition or offence is likely to be more successful as a deterrent over current legislative provisions. Additionally, the lack of a specific offence plays a role in the existing loopholes and inconsistencies in available data on phoenix activity. Without a specific definition and a specific offence, researchers cannot conclusively quantify the incidence, enforcement or cost of fraudulent phoenix activity(Keating, 2015). The current data paints a dim picture of Australian Phoenix activity, thousands of companies are estimated to engage in illegal phoenix activity annually, however, conclusive figures cannot be drawn as there is no express criteria against which to test company activities. In this regard, it is evident that a specific Phoenix activity offence or prohibition could aid in conclusively defining and identifying the vice and as such make efforts in combating it more efficient and effective. However, various challenges lie in the creation of a Phoenix offence or prohibition. Firstly is the risk of penalising legitimate phoenix activity. This is because; creating a prohibition would require outlining a comprehensive definition for phoenix activity. The challenge here lies in the fact that scholars believe that no definition can fully encompass all the elements and characteristics of illegal or fraudulent phoenix activity(Anderson, Ramsay, Welsh, Hedges, 2017). This is evinced in the current array of definitions available for the term which, though comprehensive in their own right, are faced with various shortcomings. A broad description would likely risk encompassing legitimate activity while a specific definition would risk leaving out various aspects allowing for avoidance through the underlying loopholes in enforcement. Additionally, attempts to create Phoenix liability through legislation that focuses on the aspect of similar names has also proved limiting. The underlying objective in this regard would be to hold directors accountable for financial obligations owed by a company with similar name pre liquidation(Anderson, Ramsay, Welsh, Hedges, 2017). However, this approach also falls victim to various shortcomings in that, where a new name is adopted the approach would be inapplicable. Legislation in this area could easily encompass legitimate restructuring and could also easily be avoided by directors who intend to adopt Phoenix activity for fraudulent gain. The discourse above prevents a compelling case both for and against Phoenix activity prohibition by way of legislation. Stakeholders would experience positive and negative consequences alike should a specific provision be adopted. However, it is evident that the negative impact of creating an offence or prohibition outweigh the positive arguments outlined above. This is because setting out specific legislation puts directors who adopt Phoenix activity for the legitimate restructuring of their organisation at risk of facing penalties and subsequently creates loopholes for deliberate perpetrators to exploit. As such, guided by research, it is evident that creating a specific prohibition or offence for Phoenix activity would be more harmful than successful. Structure of a Phoenix offence or prohibition In the event that a Phoenix offence or prohibition is adopted, the provision must satisfy various criteria in order to be successful. These criteria collectively aid in the establishment of a structure for a Phoenix offence or prohibition whose enforcement is successful in deterring harmful behaviour. In developing this structure, the research has considered the aforementioned successes and limitations on current legislation affecting phoenix activity. This also includes an analysis of scholarly opinions as to the most effective methods for combating phoenix activity. Firstly, it is important that the structure of the offence constitutes a comprehensive definition of illegal or fraudulent phoenix activity(Anderson, 2015). The definition provided should be broad enough to encompass all harmful aspects of phoenix activity all while remaining specific to illegal phoenix activity and avoiding or excluding elements of legitimate phoenix activity. As recognised in the discourse above, defining Phoenix activity is crucial to any efforts in monitoring, estimating and combating it. As such, a proper definition will serve as a significant feature of the offence structure and a key contributing factor to the success of the legislation. The definition mentioned above outlines the prohibited conduct which is a key component of any offence. In addition to this, the prohibition or offence should also consider the element of mental intent; that is the intention. Currently, the concept of intention is outlined in the general duties of directors provided for under the Corporations Act 2001 (Cth). A successful Phoenix offence provision should include intention; studies show that phoenix activity is considered illegal or fraudulent where the intent to deceive is evident. The prohibition or offence should expressly include this element within its structure. The Phoenix offence structure should also comprise of criteria that allow stakeholders; that is administrators, employees, creditors, regulators among others, to detect Phoenix activity(Anderson, Ramsay, Welsh, Hedges, 2017). This criterion is derived from the definition set within the offence structure. A recognised set of criteria or elements attributable to Phoenix activity aid stakeholders in monitoring Phoenix activity within their organisation thus serving as a protective or precautionary measure. Additionally, it allows for improved data collection which in essence promotes estimation and analysis of costs and other aspects of phoenix activity. Further, the structure of the offence should comprise of stringent deterrent measures and sanctions for breach of duty that would constitute Phoenix activity. These measures should clearly outline the role and powers of liquidators and administrators during the liquidation process. Available civil penalties should be increased and criminal penalties introduced so as to further deter fraudulent directors from asset stripping. This structure should further include provisions that remove the benefit of phoenix activity to as to further curb the vice. Additionally, in order to be successful, the Phoenix offence structure must include a detailed enforcement strategy or policy. That is, having outlined the rules and available penalties, the prohibition should highlight how offences will be dealt with and the relevant bodies responsible for monitoring, estimating, determining and prosecuting Phoenix offences. A clear enforcement policy ensures efficiency in the combat against illegal phoenix activity. In conclusion, the prohibition or offence structure should illuminate the basic elements of any offence; the prohibited activity and the element of intent. Additionally, it should outline elements that would aid stakeholders in identifying phoenix activity; this should begin with a comprehensive definition. Further, the prohibition or offence should also include deterrent measures by way of penalties and finally enforcement policies to ensure its success. References Anderson, H. (2015). Phoenix Activity- A Context not a Crime. Australian Insolvency Journal, 35. Anderson, H., Hedges, J., Ramsay, I., Welsh, M. (2017). Illegal Phoenix Activity: Is a 'Phoenix Prohibition' the Solution? Corporate Law Teachers Association Annual Conference (pp. 1-26). Melbourne University. Anderson, H., O'Connell, A., Welsh, M., Withers, H. (2014). Defining and Profiling Phoenix Activity. Melbourne: Melbourne Law School. Anderson, H., Ramsay, I., Welsh, M., Hedges, J. (2017). Phoenix Activity: Recommendations on Detection, Disruption and Enforcement. Melbourne: Melbourne Law School, Monash Business School. ASIC. (2013, November 4). Small business management-illegal phoenix activity. Retrieved from Australian Securities Investments Commission: https://asic.gov.au/for-business/your-business/small-business/compliance-for-small-business/small-business-illegal-phoenix-activity/ ATO. (2017, July 25). Illegal Phoenix activity. Retrieved from Australian Tax Office: https://www.ato.gov.au/General/The-fight-against-tax-crime/Our-focus/Illegal-phoenix-activity/ Australian Government. (2009). Action against fraudulent phoenix activity. Commonwealth of Australia. Fair Work Ombudsman. (2012). Phoenix activity: Sizing the problem and matching solutions. PWC. Harley, M. (2014, September 14). Australia: Latent defects in Phoenix legislation. Retrieved from Mondaq: https://www.mondaq.com/australia/x/338654/Corporate+Commercial+Law/Latent+defects+in+phoenix+legislation Keating, E. (2015, October 20). Lack of rules and data about Phoenix activity compounds the problem. Retrieved from Smart Company: https://www.smartcompany.com.au/business-advice/legal/lack-of-rules-and-data-about-phoenix-activity-compounds-the-problem-research/ Margret, J. E., Peck, G. (2015). Fraud in Financial Statements. London: Routledge. Matthew, A. (2015). The Conundrum of Phoenix Activity: Is Further Reform Necessary. business Law Teachers Association (CLTA) Conference. Melbourne: Melbourne Law School. Roach, M. (2010). Combating the Phoenix Phenomenon: An Analysis of International Approaches. eJournal of Tax Research, 90-127.