Women and Religion in the Middle East Essay - 2571 Words

Religion and Women in the Middle East Religion goes hand in hand with culture, and in the Muslim countries this is very apparent. The cultural importance of men over women may have stemmed from religion, however it was further recognized when imperialist countries introduced capitalism and class divides. â€Å"Islam must combat the wrenching impact of alien forces whose influence in economic, political, and cultural permutations continues to prevail† (Stowasser 1994, 5). Now, instead of an agrarian state where both men and women had their place, difficulties have formed due to the rise in education and awareness that women can and do have a place in society beyond domestic living Though women are not equal to men anywhere around the†¦show more content†¦In some societies, women in the judicial process have very few rights that are the same as men, and their punishment seems to be much greater. Treatment by the Taliban in Afghanistan, and by other groups such as the influence of the Muslim Brotherhood all contribute to how women are treated legally. Zohreh Arshadi asserts that in countries such as Iran, The Islamic punishments have encouraged a culture of violence against women...The fact that men receive a lighter punishment if they commit a violence against women undoubtedly encourages such violence. We saw how women could be killed with impunity during alleged adultery. Stoning to death for adultery, although technically admissible for both sexes, has also been carried out mainly against women† (Arshadi 2012). It is in countries such as Iran, Saudi Arabia, Afghanistan, and some non-Middle Eastern countries where the Qur’an is taken as a literal word and law, and there is constituted into actual state law. This means that certain texts from the Qur’an are used to treat women violently. For example a passage in the Qur’an states: Hadith Muslim (4:1982) The Prophet said, â€Å"I saw Hell also. No such (abominable) sight have I ever seen as that which I saw today; and I observed that most of its inhabitants were women. They said: Messenger of Allah, on what account is it so? He said: For their ingratitude or disbeliefShow MoreRelatedWomen And The Middle East Essay1449 Words   |  6 PagesWomen, or the female human being as defined in the dictionary, have been the discussion for so many ages. They have defended their sexuality, rights and had to fight for their equality with men. In the public view, we see that the image of women in the west differ from the east or that is what have been known for years. The image of women in the west is outgoing, free, and equal to men. While in the east, women as published in media, news, etc is dying of poverty, sexual violence, and being overpoweredRead MoreCcot823 Words   |  4 Pagesthe 1800’s to present day, the Middle East has undergone many changes and continuities causing formation of their national identity, main factors that contributed were social aspects on society, governm ent structure, and the strong religious roots they possess. The majority of changes occurred through the society aspects with the treatment of women and the discovery of oil. In Middle Eastern history women have had limited rights and have always been unequal to men. Women have always remained very conservative;Read MoreA Thousand Splendid Suns Report1455 Words   |  6 PagesWomen’s Rights in the Middle East† The Middle East is notorious for holding women to a lower social status than men. Middle Eastern women have not been allowed to flourish as individuals for hundreds and thousands of years. In her detailed journal on women in the Middle East, Haleh Afshar explains, â€Å"For too long, the analytical parameters for understanding citizenship, identity and the processes of war and migration have been set up by men† ( 237). Either these women rebel or protest againstRead MoreMiddle East Women1551 Words   |  7 PagesJay Sammelmann Dr. Holzhauer UI350-01 4/24/13 Women of the Middle East The women of the Middle East are very interesting to look in to. They are not just another person or treated by the same standards like they are treated here in the United States. There is a lot of controversy and fighting for women’s rights throughout the Middle East. They have an extreme lack of power there and they are fighting to change that. It is not right that women are such inferior people over there because theyRead MoreAn Argumentative Essay about Middle Eastern Women.1715 Words   |  7 Pagesendless. Women in America are now set at ease with laws that protect their rights from being violated and discriminated against just for being female. Unfortunately not every place in the world is as lucky as the women here in the US. The rights of Muslim women in the Middle East are despicably being violated in many different ways. Many people foolishly argue that it is how they were raised in the Middle East, and that their equality is on the rise. How women present themselves in the Middle East canRead MoreEvelyn Alsultany Takes A Different Approach To The Oppression1585 Words   |  7 Pagesapproach to the oppression of Muslim women that the U.S. portrayed in the media to fuel the War on Terror and analyses that the U.S. portrayed Islam as backwards and an uncivilized culture. Alsultany analyzes published stories and news shows on CNN, NBC, CBS, and Fox after the 9/11 attacks and concludes that these news stations used women’s oppression and linked it with terrorist attacks because they conveyed that Muslim men hated the West’s cultural ideals of women being free and wanted to impose IslamRead MoreWomen Are Oppressed And The Middle East890 Words   |  4 Pagesour mind about the Middle East (Iraq, Afghanistan and Iran)? Do you think of unequal treatment for women? Do you think of terrorist? There a lot of stereotypes when we think about the Middle East. Sometimes, we cannot always believe what we hear on the n ews. The stereotypes that we commonly use is that women are being oppressed, and the whole country is filled up with terrorists. Why do we think that women are oppressed in the Middle East? One way that we could think that s women are oppressed is becauseRead MoreA Summary Of The Clash Of Civilization1608 Words   |  7 Pageswriting the â€Å"Clash of Civilizations: And the Remaking of World Order, then Edward Said writing a scholarly essay on his theory known as Orientalism. These two theories both established in the same era refer to issues within economies like the Women in the Middle World. Clash of Civilization The Clash of Civilizations is a theory or hypothesis that came about after the Cold War. A scientist by the name of Huntington P. Samuel wrote a book and article called The Clash of Civilization; And the RemakingRead MoreCC of Cultural and Intellectual Tradition of The M.E. (600-1450 CE)766 Words   |  4 Pagesform the Dar-ar-Islam. Used to unite the Middle Eastern Empire, Islam – founded by the prophet Muhammad in 610 CE – created a stable civilization based on Islamic views and teachings for its individuals. In the Middle East during the time of 600 CE to 1450 CE, the religion of Islam stayed unchanged, while the influences of different cultures altered the traditions of the society as well as the women’s rights and status in the civilization. As the Middle East developed over the years, the prominenceRead MoreMiddle Eastern Women Rights in Islamic Society1419 Words   |  6 PagesWomen Rights of the Middle East â€Å"Life is full of unhappiness and most of it caused by women (Harik and Marston 11)†. For women in the Middle East life is faced with great and unequal odds, as their human rights are limited, due to Islamic beliefs and that of patriarchy. From their daily actions at home to their physical appearance, Middle Eastern women are portrayed as quiet, faceless women veiled from head to toe. While this image is just another stereotype, women in the middle do face many obstacles

Karl Marx Essay example - 966 Words

Karl Marx 1. â€Å"The bourgeoisie produces the proletariat, and in producing and expanding that class, the capitalists are producing their own grave diggers† As capitalism expands, the number of workers exploited, and the degree of exploitation, increases. The tendency for the level of exploitation to escalate leads to more and more resistance on the part of the proletariat. There begins to be more and more exploitation and oppression, which then leads to a confrontation between the two classes. The reality in life in capitalism is hidden while illusion is seen as a fact. The capitalists exploit the proletariat, but the belief is that the abilities of the capitalists only lead to success for the worker. As more and more†¦show more content†¦2. Human Potential- Marx believed that the nature of societies before capitalism had been too harsh to allow people to realize their potentials. They were too busy trying to get enough food, shelter, and protection to develop their higher capacities. It was Marx’s belief that communism would provide the kind of environment in which people could begin to express that potential fully. Human potential and Nature- To Marx, the special property of human nature is our creative intelligence, the ability to raise a structure in one’s imagination and then to erect that structure in reality. He believed that human nature was not carved in stone, but was affected by the nature of the social setting. Consciousness and its ability to direct activity were the distinctive characteristics of human beings. They could visualize your ideal society before it actually happened. He sees man as creative and with unlimited potential. He gives man a great deal of power and hope. Labor- Marx saw labor in a capitalist society as taking on some distinct and perverted forms. Labor, in capitalism is reduced to a means to an end. In capitalism, labor is not the equivalent of work, activity, and creativity. In a capitalist society, you would see people working side by side in a factory and not even know the person’s name to the right and left of you. You were not to talk because talking meant that you weren’t busy enough and that you needed moreShow MoreRelatedKarl Marx Essay922 Words   |  4 PagesKarl MarxKarl Marx was an influencell economist during the 1800s. Marx has his own economic theory, called Marxism. Marx, a radical Communist ideas and philosophies played important roles int the forming of Communist nations during the twentieth century. Marx’s ideas would and have influenced the course of history. Even today, well past his death his philosophies and ideas are still talked about. Marx’s ideas are captured in his book the Commun ist manifesto. Communism is â€Å"a theory or system ofRead MoreKarl Marx And Karl Polanyi1668 Words   |  7 PagesAdam Smith, Karl Marx and Karl Polanyi are writer of capitalism, that have influenced capitalism in different ways to making capitalism what it is today. Adam Smith known as the father of the political economy, developed the concept of the invisible hand; which explains how self-interest and competition in a free market economy, would allow economy prosperity. Another concept Smit developed is division of labour which say that jobs a business should be specialised, instead of one person having toRead MoreTheories of Karl Marx1427 Words   |  6 PagesINTRODUCTION Karl Marx, also a philosopher was popularly known for his theories that best explained society, its social structure, as well as the social relationships. Karl Marx placed so much emphasis on the economic structure and how it influenced the rest of the social structure from a materialistic point of view. Human societies progress through a dialectic of class struggle, this means that the three aspects that make up the dialectic come into play, which are the thesis, antithesis and theRead MoreEssay on Karl Marx827 Words   |  4 Pages The Life of Karl Marx Karl Marx was one of the greatest thinkers ever. Studying law and philosophy, he became an important social philosopher and revolutionary. He influenced the lives of millions of people in generations well past his. A man of mystery in the democratic societies, Karl Marx led an interesting life of new ideas that would influence millions in the future. Karl Marx was born on May 5th, 1818 (Karl Marx). He was the eldest son of Heinrich and Hennrietta Marx. He was bornRead More Karl Marx Essay1509 Words   |  7 PagesKARL MARX: A CRITICAL PROFILE 1. Contribution Like Charles Darwin (1809-82), his contemporary, Karl Marx (1818-83) has had a profound impact on modern thought. This German philosopher, social scientist, and professional revolutionary formulated a theory of social change that influenced most modern forms of socialism and communism. Marx pioneered conflict theory. Motivated by a belief in human emancipation, he tried to discover a way to free people from the social, political, and economic constraintsRead MoreEssay on karl marx2434 Words   |  10 PagesKarl Marx is one of the most reputed philosophers of the 19th Century. Born in 1818 in a middle class family, Marx studied law in Bonn and Berlin and later plunged deeper into the ideas of Hegel and Feurbach (Wheen, 2007). It is after receiving his doctorate in philosophy in 1841 from the University of Jena that he moved with his family to Paris where he became a radical revolutionary communist and teamed up with Friedrich Engels, another radical philosopher of his time. They coll ectively authoredRead More Karl Marx Essay1742 Words   |  7 Pagesher particular contribution. There are many of sociologys founding figures that have extremely well-built ideas, practices and studies that I could explore, but one renowned philosopher stands out amongst the crowd, and that person is named Karl Marx (1818-1883). In this essay I aim to explore and critically assess his ideas, theories, and studies in his contribution to sociology, and if his ideas, theories and studies are useful to this contribution to sociology. Sociology began in theRead MoreKarl Marx and Marx Weber Essay1141 Words   |  5 PagesKarl Marx and Marx Weber The latter part of the nineteenth century was teeming with evolved social and economical ideas. These views of the social structure of industrial society came about through the development of ideals taken from past revolutions such as the Industrial Revolution which steamed ahead paving the way for growing commerce, and widened the gap between the classes. The developmentRead More The Life of Karl Marx1160 Words   |  5 PagesThe Life of Karl Marx Karl Marx was the co-author of The Communist Manifesto, along with Friedrich Engels. The Communist Manifesto is a pamphlet that was written to let the public know how the working class was being treated, and to try to get rid of the class system that existed at the time. Marx believed that many of the workers throughout England were not being treated fairly and that something needed to be done about it. Marx explains, â€Å"The history of all hitherto existing society is theRead MoreThe Contribution Of Karl Marx Essay1337 Words   |  6 Pagescontribution of Karl Marx to the study of sociology, throughout this essay I will be discussing what Marxism is, how Marxism has affected today’s society as well as academics that did not agree with Marx’s theories. Marxism is the social and economic system based on the theories of Karl Marx and Freidrich Engels. Karl Marx was born in Trier, Germany in 1818, Marx studied law and Berlin University but later changed to philosophy until finally perusing his interest in journalism. When Marx finished his

Drug Use And Abuse With Teenage Children - 2286 Words

When tackling the hard subject of drug use and abuse with teenage children there are many tactics a parent can use to address the subject with their children. First it is important for the parent to be informed of the hard facts so that they can convey the appropriate information to their kids. First explaining the legal side of using drugs is beneficial in raising the children’s awareness of repercussions that can be associated with experimenting with drugs. More than 100,000 inmates are convicted each year in the prison system which is a small portion compared to the over 2 million drug related arrests each year. Drug convicted inmates consist of approximately 52 percent of the whole prison population altogether (Shannon, 13). Explaining to their teenagers that when experimenting with drug use that there is a high probability of ending up with legal trouble because they were caught with an illegal substance might convince them to abstain altogether. The second most important point is that teenagers who have ingested a drug also stand a chance of overdose that can lead to death all because they did not understand the drug that they were taking and how it would affect their body. Drug poisoning is the second highest cause of death in teenagers which surpasses death by gunshot and death by motor vehicle accidents (Shannon, 16). Teaching children how to make responsible choices begins at home and will help them to make responsible choices when they go out with their friendsShow MoreRelatedThe Effects Of Drug Abuse Among Youth1346 Words   |  6 PagesThere is a growing trend of drug abuse among youth which can’t be ignored in today’s society. It has been reported that â€Å"the greater numbers of young people were reporting weekly consumption of alcohol and young drinkers were consuming larger amounts per drinking occasion† (Coleman Cater, 2003). Teenagers who persistently use drug out of control often experience serious problems. Th ose problems are related to physical health, mental health, academic difficulties, social relationships, and so onRead MoreTeenagers and Drug Abuse Essay1613 Words   |  7 Pageswho struggle with drug addiction began experimenting with drugs in their teens. Teenage drug abuse is one of the largest problems in society today and the problem grows and larger every year. Drugs are a pervasive force in our culture today. To expect kids not to be influenced by the culture of their time is as unrealistic as believing in the tooth fairy (Bauman 140). Teens may feel pressured by their friends to try drugs, they may have easy access to drugs, they may use drugs to rebel againstRead MoreEssay about The Underlying Causes of Teen Pregnancy1363 Words   |  6 Pagespreventing teen pregnancies among teenage girls, there are many underlying causes and facts about the dilemma that must be first exposed. Children from homes run by teenage mothers have to face almost insurmountable obstacles in life. The incidents of depression and mental health problems, the lack of father figures, and the high rate of poverty often connected to children in homes run by teenage mothers put them at serious disadvantages when compared to children raised in nuclear families. Many peopleRead MoreAdolescent Changes1416 Words   |  6 Pagesusually starts occurring in between the ages of 10 and 19 in which boys and girls hypothalamus and pituitary glands begin to become active and start hormonal changes. Children going through puberty normally will experience growth spurts in which their bodies begin to change. Some children begin seeing changes in their height, size, they begin to develop breast for girls, growing pubic hair, and changes in body odor, and acne are some of the common changes that occurRead MoreHealth And Human Prevention Strategy I Chose Is The National Drug Control Strategy932 Words   |  4 PagesPrevention strategy I chose is the National Drug Control Strategy. Drug abuse affects the whole nation economically, socially physically and mentally. Some of the problems caused by drug abuse includes highway accidents, crimes, school drop outs, sexually transmitted diseases, suicide, and teenage pregnancies (Healthy People 2020 n.d). This is a relevant topic to the advanced nurse practitioner because of the effects drugs have on human life. Drug abuse is associated with cardiac failure, mentalRead MoreThe Effects Of Delinquency On Children s Life1657 Words   |  7 Pagesstaggering, children between the ages of 14-17 only make up roughly 6 percent of the U.S. population. It is clear that teens commit more crimes than adults, and that if we can reduce the amount of delinquency that occurs in the Unite d States, then we will also reduce the amount of crime. To understand how to prevent delinquency, we must first understand what causes it. Delinquency can be caused by a number of factors involving the child s family, socialization, economic background and drug use. OfRead MoreSeveral Cases of Violence Against Children1030 Words   |  5 Pagesare a couple of things I see today which can lead to child abuse. First of all, we have an epidemic of babies having babies. According to the American Academy of Child and Adolescent Psychiatry (2012) babies born to teenagers are at risk for neglect and abuse because their young mothers are uncertain about their roles, and may be frustrated by the constant demands of caretaking. They also contend that babies born in the U.S. to teenage mothers are at risk for long-term problems in many major areasRead MoreDrug Abuse And Its Effects On The Criminal Justice System900 Words   |  4 Pagesbetter educate and stop drug use in America studies show that drug use by juveniles has substantially increased within recent years. According to the National Institute on Drug Abuse (NIDA) juveniles as young as eighth grade are using drugs such as marijuana on a daily basis. Unfortunately, most of these juveniles have also experimented with alcohol at this age as a gateway drug to start using marijuana and so forth. (NIDA) There are many aspects that could impact why children so young are getting accessRead MoreTeenage Drinking Essay1261 Words   |  6 PagesTeenage Drinking According to Lang nine out of ten high school seniors have used alcohol, one out of twenty use it daily, and one out of three will get drunk during any given weekend (back cover). Teenage drinking is a very serious problem that is growing by the day in our country. I want to know what kids who drink are getting themselves in to when they decide to start in high school or junior high. What types of health and psychological problems will they be facing? What are the chancesRead MoreThe Internet And Modern Media1509 Words   |  7 Pagesmessages that may or may not support the use of drugs. This corresponds with the concept of role models, as those who are respected by teenagers are privy to a greater level of exposure into their life. Therefore, their â€Å"adult habits,† such as drinking can lead teenagers to act accordingly due to the manner in which they deify their role models. Conversely, if a role model(s) is adamant in abstaining from drug use, their ideologies will trickle down to their teenage followers. Further on the topic of the

The Media Lies Effects of the Media on Body Image Essay

The Media Lies: Effects of the Media on Body Image Recent studies have shown that approximately 75 percent of adolescent females wish to be thinner and over 35 percent of them resort to drastic extremes to achieve the new â€Å"thin ideal.† (Body Dissatisfaction in Early Adolescent Girls) Today in our culture, this ideal of body image is portrayed in every aspect of our lives. We see a representation of attractive, extremely thin women in magazines, television shows, movies, commercials, etc. The new body image, which today is described as being perfect, is a new, unrealistic standard of skinny. This type of representation presented by the media compels female adolescents to view themselves in negative ways which results in eating disorders,†¦show more content†¦It typically starts with body dissatisfaction or low self-esteem. Body dissatisfaction, the feeling that people may have that their actual physical appearance isn’t how they prefer to look or how societ y prefers they look, is often caused by the portrayal of body image by the media. Grabe, Hyde, and Ward explain â€Å"that approximately 50% of girls and undergraduate women experience body dissatisfaction (2008).† (Effects of the Media on Body Image) Not only does body dissatisfaction typically place girls in a great risk for developing an eating disorder, but it has also been linked to critical mental and physical health problems. The media’s consistent portrayal of the new â€Å"thin ideal† influences adolescent females in such a negative and degrading way that it’s taking a strong tole on the beautiful, young girls in our society. When people think of the new body image, we automatically think models. Well, yes, models are a major factor in the body image persona, but it’s not just models. The media broadcasts the â€Å"thin ideal† in every possible way that we can think of. Researchers have found that the ongoing exposure to the â€Å" thin ideal† can shape and distort adolescent female’s perceptions of beauty, particularly in television media. Take the movie Cinderella for example. Cinderella is portrayed as a beautiful, thin, feminine female while her â€Å"ugly† stepsisters are shown as short, overweight and masculine. However, it is not justShow MoreRelatedAnalysis Of Susan Bordo s Globalization Of Eating Disorders 993 Words   |  4 Pagesperfect body.† However, today we find that many individuals are doing the completely opposite. In Susan Bordo’s, â€Å"Globalization of Eating Disorders† essay, they fall into the media trap, the self-image trap, where they are concerned of what people may think about them. Americans nowadays have pageants, modeling, and media to thank for this absurd notion. Fit women, along with strong men give this motivation to others to want to be like them. Most people should be comfortable with their own bodies. AmericansRead MoreMedia Negativ ely Affects The Self Esteem And Body Image Of Young Girls861 Words   |  4 Pages The media negatively affects the self-esteem and body image of young girls. The media is known for broadcasting thin models and not taking into consideration the affect that it could have on millions of young women. When young girls see thin models that they aspire to be on TV increases their concerns about their bodies and that causes young girls to develop eating disorders, such as excessive dieting, bulimia and anorexia. It is very vital for every young girl to feel comfortable in her own skinRead MoreMass Media Effects on Women1721 Words   |  7 Pages Mass media Effects on women Advertisement put adverse impact on women’s these could be internal or external. Internally when women watch ideal or thin images of models in advertisement then they feel very unattractive compare to the models in commercials. They feel lower self-esteem and self-concept in them and it generates anxiety or depression in women. According to article† negative body image is associated with poor self-esteem, anxiety about socialRead MoreEssay on Fascades of Current Society1087 Words   |  5 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;Throughout history women, men, and children have all felt the pressures and manipulations by the media through some faà §ade style form or shape. A Faà §ade by definition is a false, superficial, or artificial appearance or effect, which is primarily imposed or placed on an object, group, or even individual. Through the use of words, deliberate images, and material items advertised within society, as a result have become pressures felt by all types of individuals. Many of theseRead MoreBeauty and the Beast...of Media1237 Words   |  5 Pagesthe Beast...of Media Media is everywhere we turn. It’s displayed on billboards, commercials, Facebook, Twitter and Youtube. It influences people to purchase certain things or even vote for a certain presidential candidate. Media tells us who we are and who we should be. Although media has its positive effects, like spreading the latest news quickly, it also has many downfalls for teenagers, specifically teenage girls, who are hounded with a stream of media related to body image. Today most womenRead MoreThe Media s Influence On Society1560 Words   |  7 Pagesmatter then why do women and girls live in a society where their bodies define who they are? If looks don t matter then why is airbrushing used by the media to hide any flaws a person has? What exactly is causing this, why do we feel like we are just not beautiful the way we are? Its the media. It’s because the media promotes a certain body image as being beautiful, and it’s a far cry from the average woman’s size 12 . The media may be great for entertainment but it also has the power to destroyRead MoreA Culture Of Perfection : Media s Influence On Adolescents1362 Words   |  6 Pagesin us from a very young age. The body images promoted by the media implant an unrealistic view of what is â€Å"beautiful† and perpetuate eating disorders, low-self esteem, and depression among adolescents, especially females. Young girls are being raised in a society that tells them they are â€Å"not enough†. They are not thin enough, beautiful enough, sexy enough, or feminine enough to deserve the title â€Å"woman†. It is time to put a stop to media’s manipulation and lies. Adolescence is a very transformativeRead MoreThe Media s Effect On Women s Body Image967 Words   |  4 PagesThe Media s Effect on Women s Body Image We live in a body-obsessed culture.  Women feel pressured to have the perfect bodies, and we believe so many lies about what a perfect body is from the media. Women are today influenced by images that we see in the media, and sometimes the influence is so great that we risk our lives trying to portray what we see. Across the board throughout different civilizations, there have been so many distortions of what the perfect body looks like placed in ourRead MoreImproperly Redefining ‚Äà ºBeautiful‚Äà ¹: Social Media‚Äà ´s Profound Effect on Body Image1483 Words   |  6 Pagesï » ¿Emily Muhlberg ENGL 112 Dr. Delony March 4, 2014 Improperly Redefining â€Å"Beautiful†: Social Media’s Profound Effect on Body Image The effects that social media outlets such as Twitter, Facebook, and Instagram have on their viewers are widely varied, but in my opinion the most impactful message that viewers take away from their social media use is the proposed definition of what is â€Å"beautiful†. People are highly moldable beings who soak up what they are surrounded by, so it makes sense that aRead MoreArticle Analysis : Killing Us Softly1423 Words   |  6 PagesFilms, graphically and effectively depicts the harm caused by modern day media and advertisements. I was personally affected by this movie, for Jean Kilbourne paints a vivid picture of how advertisement influence individuals perceptions of themselves and the world around them. Kilbourne describes how current advertisements present one type of women; tall, Caucasian, and almost always very skinny. This portrayal of beauty in media and in the fashion industry has set unrealistic expectations for young

Breach of Trust free essay sample

A breach of trust will arise when a party to a trust does not respect the term of the trust or the trust act. This is governed by section 52 of the trust act There can be 2 circumstances where there is breach of trust; 1. The trustee has not perform his duty 2. The trustee has done things which is not entitle to you 10. 2 Consequences for breach of trust Beneficiary will suffer from the breach of trust resulted from the trustee. The beneficiary can take action against the trustee for breach of trust. Proprietary claim In this case the beneficiary will acquire a right against an item of specific property in ircumstances in which the trustee does not have sufficient fund to make good any loss suffered by the beneficiary. A proprietary claim will enable the beneficiary to seize a specific property of the trustee. Tracing apply in the case of proprietary claim 10. 4 Personal liability Standard of care The liability of a trustee for breach of duty is strict. There is no need to establish through or even carelessness on the trustee part. The duty of the trustee is to conduct the business of the trust with the same care as the ordinary of a trust that would extend toward its own cost. Case law of Re-Speight 1883 10. 5 Measure of liability or damages The trustee must account for profit made or replace loses made to the trust. This was mentioned in the case of Re Dawson. A trustee who commits a breach shall be liable for any loss or depreciation in value of the trust property resulting from the breach. This is governed by section 50 of the trust Act. If trustee commit a breach of trust it shall jointly and severally liable. That is if there is a breach of trust committed it is a breach committed by all trustees. Jointly and severally mean that the beneficiary may recover the loss either in equal share from all the trustees or the loss from any one of them. A trustee will be held responsible in the following circumstances when breach arises: 1. Breach with full misconduct 2. Breach with gross negligence Proprietary liability – Trustee has to return the original property Refers to the recovery of the trust property, it follows the concept of tracing (is an attempt by the beneficiary) to establish a property claim to specify a piece of property by tracing a beneficiary existing. 10. 6 There are two types of tracing 10. . 1. Common law tracing Refers to identify specific item or property in the land of the trustee in which the beneficiary has retained proprietary rights. The beneficiary will seek a common law tracing claim to require the return of that specific item of property. It will be applicable if the property is in the hand of the trustee. 10. 6. 2 Equitable tracing – truste e has to compensate This will apply when the beneficiary property has passed in the hands of the trustee but has been substituted for another item or property in which the beneficiary has never previously hand any proprietary rights. He will be required to pursue an equitable tracing plate to assert, title of substitute property as being presentative of the beneficiaries original property. Case study; Foskett v/s Mckeown The tracing process is the same in law. However the nature of revenity is different. There is more likely to have a proprietary depending upon the payment acerting beneficial title to the property. The case of Ajey v/s Jackson The tracing plain in equity gives rise to proprietary revenue which depends on the continued existence of the trust property in the hand of the defendant unless it is a vonafra purchaser for value without notice. He must restore the trust property to its rightful owner if he still has it. Nature of tracing Tracing is neither a claim nor revenue. It is merely the process by which a claimant demonstrate what has happen to his property, identify its proceed and the person who has handle or receive all these of them and justify its claim that the proceeds can properly be rewarded as representing his property. 10. 7 Relief from liability It is where the trustee will not be held liable for breach of trust. The trust act provide for 2 types of relief. . Relief by beneficiary Beneficiary may relief a trustee or liability to him for a breach of trust. A beneficiary may indemnify a trustee against liability for breach of trust. However there are certain formalities attached with the relief by the beneficiary. The beneficiary should not be a minor or a person under mental disability. It does not have full knowledge of all material fact. The beneficiary is properly induced by the trustee to act. The court may relieve a liability of trust where it appear o the court that the trustee has acted reasonably and honestly and that the trustee all fairly to be excused. 10. 8 Mixing of trust money and trustee money It is where a trustee mixes trust money with his own fund The basic rule is that the beneficiary is entitled to the first charge on the fund or any property purchase with it. There may be mixing of money from different sources 10. 9 Mixing of money from different sources In this situation there is no reason to give any claimant priority over any other since all are innocent; therefore the rule is that they take paripassu. If they mix fine consist of Rs 500 from trust A and Rs 1000 from trust B and the whole of A is used to purchase share, trust A will have a charge of Share for Rs 500 and trust B for Rs 1000. 10. 10 Loss of the Right The right to trace equity will be loss if one of the following happens. The property passes to a bon a fillet If the property ceases to be identifiable It would be inequitable to trace. This may apply to the case of innocent volunteers.

Management Law and Ethics

Question: Discuss about the Management Law and Ethics. Answer: Introduction: The catastrophic failure by the BHP has not only hampered its business and also the environment which puts a strong question mark on the activities of the company especially from the ethical perspective. From the ethical context the company BHP Billiton should have focused on working keeping in mind the ethical code laid down by the Engineers Australia's National Congress which is: Demonstrate Integrity Practise Competently Exercise Leadership Promote Sustainability (Van de Poel Royakkers, 2011). First of all the company has not been able to demonstrate integrity as it was not able to do what is right for the victims in Samarco it is not yet ready to take the blame for the incident. It could be said that the organisation did not calculate all the possibilities of risks and hazard which clearly shows that it failed to demonstrate integrity. In this scenario the company should act honestly and be discerning to do what is right. It is important that the company is able to reassess their activities in the Samarco site and focus on developing the infrastructure effectively in order to be right ethically. On the other hand the company failed to practice competently which has led to this incident and should have been more careful about their knowledge and should have started the work with adequate knowledge which they have failed to do. It is important that the Engineering department of the company develops a strong competent group of workers who are able to gather and practice on t he adequate knowledge established (Van de Poel Goldberg, 2010). The company failed to communicate properly in the Samarco debacle which clearly showed that BHP has failed to exercise leadership effectively in its work and have not been able to reckon the aftermath that goes with mining. In this scenario it is extremely important that the company focuses on establishing and continuously improving leaderships which will help to develop and implement effective ideas even from the ethical perspective. Finally the company has completely failed to promote sustainability with its work. The company was obligated towards the development of the community and the stakeholders where it was working but in Samarco tragedy many people from the local community suffered and also the environment got degraded which is doesnt show the good side of the company and it is extremely important for the company to practice engineering for the development of the health and well being of the people and promote overall health which could be only done with the help of strong planning and implementation as well as by focusing on the public concerns. It is important the company pays compensation to the local people and also try to clean the rivers through effective technological facilities which will act as the compensation done for the damage and from now on the company will have to identify the needs and of the present and future generation from the economic, health, safety and environment perspectives (Hatje, 2016). The catastrophe in the region of Bento Rodrigues is an eye opener for the company in fact for the entire mining industry and hence it is important for the companies to work effectively in order to ensure the security, safety and well being of the people staying in and around the mining regions (Harris et al., 2013). In the recent past there has also been increased concern for the environment and the problem in the state of Minas Gerais only proves the fact that the environmental policies are not being implemented even though they are placed in the environmental books and laws but to see it pragmatically they have never been properly utilised which is a major setback for the organisation (Prno Sloecombe, 2012). After the calamity in Samarco the company BHP Billiton has made a strong environmental research and has also understood the impact that the case has had on the place and its inhabitants. Hence in this scenario it is important for the company BHP Billiton to work out effective measures which will not only helps to act ethically but also helps to act legally as well (Han, 2015). It is important to mention that change in legal policies will have to be used to good effect and hence legal perspectives should be utilised in framing the recommendations (Shum Yam, 2011). The recommendations framed for the development of the organisational activities are discussed below: First of all the company will have to be able to use the evolving standards to good effect in order to develop the mining operations. For instance the suggested legal changes for the company stated by the Ministry of Minas Gerais is to implement geotechnical and structural monitoring which will help the organisation to monitor the condition of the mines and the geographical texture where the operations are being held (Han, 2015). The geotechnical monitoring will help to understand the conditions of thee dams which will help to work accordingly and act ethically to take steps in their repairing which will safeguard the locality and lives and is clearly based on the ethical attribute of practicing competently. Responsible mining could be done with the help of participatory decision making by involving the legal bodies of the place so that the ministry and local legal bodies are kept updated about the position of the place so that quick actions could be taken in order to ensure security and safety for the people living near mines and as per the ethical framework they are sustainable actions. Dam break analysis and contingency planning will help to promote sustainability within the areas as any kind of problems happening could be identified earlier and the company could act early as well (Prno Sloecombe, 2012). The company should also focus on global reporting initiative which would help to keep the legal bodies and even the other stakeholders updated about the movement of the company which legally approved action as well as this helps to show integrity which will largely contribute to the enhancement of the mining operations of BHP Billiton. As per the UN declaration of the indigenous people and their rights (UNDRIP) (2007) the company will focus on promoting sustainability in their operations and work showing diligence regarding the mining operation in different areas and will involve the local and the national legal bodies to ensure the health and well being of thee local people which will help the company to exercise their leadership and also bring about sustainable environmental actions successfully (Harris et al., 2013). The company Better Car Ltd has clearly had all the rules and regulations discussed before they launched their Self driven car in the Australian market. The company has been able to sale quite a few numbers of self driven cars in the country and is planning to sale the cars abroad now in just few months. The company is selling these cars by maintaining legality so that the company does not face any legal problems. The company has made each and every client to sign a documents which apart from having different clauses the company has put in some of the key clauses which clearly state that everyone of the customers will have to be proactive even when the car is self drive mode and should be ready to use the steering wheel in case there is trouble on the road (Cartwright, 2016). This was one of the key clauses that the company had put in. In the agreement it also mentioned that it will bear any liabilities in case of breach of contract which is over the amount of $5000. Unlike the case o f Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Both the clauses included in the agreement highlights one key thing that is the company has tried to make the consumers aware that even though the car is a self driven one but they have to be conscious about it and hence it could be said that the present agreement is clean (Poole, 2016). It is very unfortunate for Tom to meet the accident but it is extremely important to mention that Tom is equally responsible for the incident that has happened to him and he can no way sue the company for this unfortunate incident. As per the Contract Law in Australia an entity should be able to give all the legal proofs about the damages and for the breach of contract. In brief it could be said that contractors claiming damages for the breach of contract should properly be able to articulate their claims. It is important to mention that the onus will be on Tom to establish compensatory damage claims since it was quite clearly mentioned in the report that one has to be proactive even if the car was on self drive mode (Andrews, 2015). The company clearly stated an exclusion clause regarding the breach of contract for the company and it was clearly signed by the plaintiff Tom which shows that the agreement between them is valid. As stated in the case of La Rosa v Nudrill Pty Ltd [2013] WASCA 18 where the exclusion clause played a huge part and safeguarded the defendant. Unlike in the case mentioned above the plaintiff Tom was clearly aware of the exclusion clause which stated that the company wouldnt be liable to pay money in case of breach of contract. In this case of Thompson v LMS Railway [1930] 1 KB 41 it clearly showed that if the exclusion clause had been put to use effectively this can safeguard the defendant. In that way it could be said that BC should not be sued since the plaintiff understood the clauses and their meaning and since the incident happened for his mistake as well the company cannot be held responsible (Cartwright, 2016). Darlington Futures v Delco Australia is a case which discussed the validity of the exclusion clause and it stated that even though the exclusion clause is constructed it should be done keeping the entirety of the contract in mind and hence it could be said that the company has acted ethically by including the clause stating that in the event of the breach of contract it is liable to pay a maximum of $5000. Hence it could be said that in the present case it is the right of company to reduce it remains partially obligated since there was a technical glitch in self start but it also is important to say that Tom was also responsible for the incident and hence the company is rightful to nullify any claims made by the plaintiff (Poole, 2016). Hence it could be said that in the present case the company upper hand legally which could save it from paying compensation. References Andrews, N., 2015.Contract law. Cambridge University Press. Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Han, H., 2015. Virtue ethics, positive psychology, and a new model of science and engineering ethics education.Science and engineering ethics,21(2), pp.441-460. Harris Jr, C.E., Pritchard, M.S., Rabins, M.J., James, R. and Englehardt, E., 2013.Engineering ethics: Concepts and cases. Cengage Learning. Hatje, V., 2016. On Top of a Mining Disaster, Coping with Ethical Issues.Journal of the Brazilian Chemical Society,27(7), pp.1137-1138. Poole, J., 2016.Textbook on contract law. Oxford University Press. Prno, J. and Slocombe, D.S., 2012. Exploring the origins of social license to operatein the mining sector: Perspectives from governance and sustainability theories.Resources Policy,37(3), pp.346-357. Shum, P.K. and Yam, S.L., 2011. Ethics and law: Guiding the invisible hand to correct corporate social responsibility externalities.Journal of business ethics,98(4), pp.549-571. Van de Poel, I. and Goldberg, D.E. eds., 2010.Philosophy and engineering: An emerging agenda(Vol. 2). Springer Science Business Media. Van de Poel, I. and Royakkers, L., 2011.Ethics, technology, and engineering: An introduction. John Wiley Sons. Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 La Rosa v Nudrill Pty Ltd [2013] WASCA 18 Thompson v LMS Railway [1930] 1 KB 41 Darlington Futures v Delco Australia