Thursday, April 30, 2020
A Summary of Skolnicks Working Personality free essay sample
Skolnick (1966) likens a police officer to a soldier, a school teacher, and a factory worker because of the dangers he faces, his issues with establish his authority, and the need prove his efficiency, but points out that this overwhelming combination of tasks is unique to police culture. Thus, the ââ¬Å"us versus themâ⬠mentality begins to take shape, making officers feel the need to separate themselves from civilian society. The propensity now is that police work is no longer a job, but a way of life. Janowitz refers to the military profession as a ââ¬Å"style of lifeâ⬠because the duties of the job extend pass occupational boundaries, and that any position that performs ââ¬Å"life and deathâ⬠tasks furthers such claims (Skolnick, p. 3). These split-second decisions that police officers have to make also contribute to their separatist way of thinking. It is also clear that the intensity or lack thereof of a police officerââ¬â¢s assignments can help develop his working personality. Basically, experience corroborates oneââ¬â¢s outlook. The threat of danger is continuously present, which contributes to the officerââ¬â¢s constant suspicion in trying to identify a potential danger or a law being broken (Skolnick, p. 4). Because of this constant mode of thinking, many people find themselves not wanting to establish a social relationship or friendship with police officers. The danger element isolates the police officer from citizens that he finds representative of danger as well as isolating him from the more predictable people that he might ordinarily identify with (Skolnick, p. ). The police officerââ¬â¢s requirement to enforce morality laws such as traffic laws usually leads to citizens denying his authority and raising his threat level (Skolnick, p. 4). Skolnick states, ââ¬Å"The kind of man who responds well to danger, however, does not normally prescribe to the codes of puritanical morality. â⬠Because of this, many people view police officers at hypocrites, which gives the police community further rea son to isolate as well as further reason to build strong rapport between themselves (Skolnick, p. 4). Skolnick points out that it appears that British police are better about following procedural guidelines than are American police, but that the reason is that they face less dangers than do the police officers of the United States, thus they are better at creating the appearance of conformity (Skolnick, p. 4). Police officers develop a perceptual shorthand that allows them to identify symbolic assailants. This identification can come through the use of certain gestures, language, and even a type of clothing that police have come to associate with particular crimes or violence. Even if the a person has no history of violence or no criminal record, that is overlooked when an officer feels even a vague sense of danger (Skolnick, p. 5). Because of this constant threat of potential danger, police officers may even create certain emotional boundaries which help them continue to function successfully on assignment. Half of the officers in the Westville police department that Skolnick surveyed indicated that they would prefer an assignment of police detective, which involves direct danger. It is believed that while officers may be fearful of the dangers of their jobs, they may also find it exciting, finding enjoyment in potential danger (Skolnick, p. 6). Officers are, of course, trained to be suspicious. Skolnick mentioned a statement from a patrolman that pointed out that ââ¬Å"the most important thing for the officer to do is notice the normal. â⬠By this statement, the officer meant that in order to notice what could be deemed as suspicious, an officer must recognize what is considered normal for a particular area. Notably, whether or not an officer has personally experienced a hazardous situation doesnââ¬â¢t determine his level of suspiciousness. Police officers identify with their comrades who have endured hazardous situations such as beatings or who have even been killed (Skolnick, p. 7). In spite of racial issues that were in existence at the time Skolnick wrote this article, his interview with the Westville police department indicated that racial issues were not the most serious problem that police faced. It was, instead, issues regarding public relations such as citizensââ¬â¢ lack of respect for the badge, failure to cooperate, and the misunderstanding of what all police work entails (Skolnick, p. 8). Relating both to how the public views officers, as well as back to how they are perceived in social settings, Skolnick gives from the Westville police department of an officer and his wife who, while at a party, was hit in the leg and burned from a firework. Even though this occurred in a social setting, he was subjected to another party-goerââ¬â¢s exclamation of, ââ¬Å"Better watch out, heââ¬â¢s a cop. â⬠Another officer mentioned that he didnââ¬â¢t even identify himself as a police officer outside of work because once he did, he could no longer have a normal social relationship with them (Skolnick, p. 9-10). For much of the reasons mentioned previously, the solidarity of police officers has been reaffirmed. Another reason for this, however, is the threat of danger. Again, police officers experience a lack of support and understanding from their communities, and officers believe that the community should not be relieved of their responsibility for law enforcement just because there are uniformed officers who are paid to enforce the law and protect the community (Skolnick, p. 11). The work of police officers increases their solidarity as a group, further separates them from society, and it also taints his character in the eye of the judging public (Skolnick, p. 11-12). Danger faced by officers also acts to further alienate him not only from criminals, but to people he would ordinarily find himself being friends with. This also acts to increase solidarity. Janowitz stated, ââ¬Å"any profession which is continually preoccupied with the threat of danger requires a strong sense of solidarity if it is to operate effectivelyâ⬠(Skolnick, p. 12). Thus, that strong sense of camaraderie is needed to function properly. This same level of solidarity allows police officers to be themselves around other polices officers, and ssentially enables them to ââ¬Å"let themselves goâ⬠and engage in behavior that they otherwise wouldnââ¬â¢t because they are always facing public scrutiny (Skolnick, p. 15). It should also be noted that the police officers donââ¬â¢t cooperate with and look out for one another simply because the chief says thatââ¬â¢s what they should do or because policy tells them thatââ¬â¢s what they have to do, but instead, they d o it because they truly believe in the value of team work and know that it can be the difference of life or death out on the street. The brotherhood between police officers is so strong, it is sometimes described as ââ¬Å"clannishnessâ⬠(Skolnick, p. 16). Contributing to the already abundant level of public resentment, city administrations and courts may use their police force to meet budgetary requirements by setting speed traps, or may increase their fines. The police officers are the ââ¬Å"faceâ⬠of those fines, which creates even more separation between police officers and the communities they serve. Additionally, at events where officers are hired to keep order, they are essentially restraining citizensââ¬â¢ freedom of action, which leads to even more resentment (Skolnick, p. 3). However, police offers are often faced with situations in which they have administrative discretion, such as putting a drunk in a taxi instead of placing him under arrest. They could have arrested him, but chose to issue a kind of warning instead. Through their requirement to establish authority in order to effectively enforce the law, police officers feel that they are taken for granted, and that they are often ââ¬Å"fighting aloneâ⬠on the streets (Skolnick, p. 11). They are expected to be conventional, while also being knowledgeable of street expressions in order to put on a suspect (Skolnick, p. 18). They face public scrutiny at every turn, are alienated by one-time friends due to their profession, and in an effort to keep themselves and other safe, are forced into a constant mentality of seeing every one as potential suspect or constantly sensing the threat of potential danger. It is, then, no wonder that police officers have a working personality that is completely different from any other occupation.
Monday, April 13, 2020
How to Write an Argumentative Essay?
How to Write an Argumentative Essay?Argumentative essays in high school will be the most important factor that you will ever use to determine which one you will choose to attend college with. With the debate between a professional's knowledge and your personality, you have to choose one and not let yourself be swayed by the other. This is the main reason why you must choose the best essay to become the first one to go to college.The best high school sample is in form of an essay where the writer is able to compare one subject and one argument with another. You should prepare a composition that will show the depth of the subject and show the reasoning behind it. You need to point out the weaknesses and strengths of the thesis of the essay and present the entire argument of the topic.High school essay writers will use this one topic to show the differences between the reality and the imaginative world. It will make the student understand the difference between common people and the pop ular world and how people can get benefited from them. These are the thoughts of the writers who talk about these subjects in the essay.When you decide to take the high school sample and write an essay that will help you in this field, you have to remember that you should always think on what the students of the present will want when they finish their education. Even though, you are writing your high school essay now, this is still a part of your growth as a writer.The argumentative essay will help you understand the difference between success and failure. In this kind of a writing, you need to be able to present the truth in the form of an honest opinion. It will help you understand the purpose of writing a proof which will improve your skill and writing ability.In high school, you have to focus more on this and notonly the actual learning process. You also need to study hard because you need to create a real impact on the students. These essays will make the students realize the power of writing skills.These essays will help you develop the talent of writing high school and college level essays. Now you can analyze the high school sample for your college essay, so that you can find out how you can improve your skill and writing abilities.
Saturday, March 21, 2020
The Travels of Ibn Battuta and essays
The Travels of Ibn Battuta and essays Why do we travel? Many years ago explorers traveled to explore the many different places and cultures that would establish our futures. Now when we travel we learn of our past history and many other different cultures history. Traveling now however has evolved so much more since the beginning of time. In the 13th and 14th centuries, they traveled by ships, camels and horses, and even by foot. However, technology over the years has improved our traveling options. Now we have cars, trains and buses, and even planes and jets, that get us from one place to another in a matter of days or hours depending on the way you travel. Journeys in the past took weeks, months, and even years. There have been many explorers who have learned the geography of the universe. Explorers such as Ferdinand Magellan, Christopher Columbus, Marco Polo, Ibn Battuta, Galileo, and many more have contributed a great deal to the history of our universe. Although all of these men have been successful in the ir explorations, I will concentrate on the travels of Marco Polo and Ibn Battuta. In this reading we will see the world as these two travelers saw when they began their journeys. Both of these travelers experienced the many dangers which come along with being an explorer in an unfamiliar place (or places in their cases), but they kept on traveling for it was there destiny. Marco Polo and Ibn Battuta were two travelers who traveled long and challenging distances to trade, explore, and record the differences of eastern countries. It is evident from the recordings that these men were very observant and interested in the discovery of other society practices. Ibn Battuta was a famous 14th century traveler. Born in Tangier, Morocco in 1304 and died in 1369. He started his travels when he was just 20 years of age. His main goal for traveling was to go on a Hajj or Pilgrimage to Mecca, as all good Muslims want to do. However, his travels went on for abou...
Thursday, March 5, 2020
Affordable Qualitative Data Software Programs
Affordable Qualitative Data Software Programs When we talk about software used in sociological research, most people think about programs designed for use with quantitative data, like SAS and SPSS, that are used for generating statistics with large numerical data sets. Qualitative researchers, however, also have several software options available that can help analyze non-numerical data like interview transcripts and responses open-ended survey questions, ethnographic fieldnotes, and cultural products like advertisements, new articles, andà social media posts, among others. These programs will make your research and work more efficient, systematic, scientifically rigorous, easy to navigate, and will asist your analysis by illuminating connections in the data and insights about it that you might not otherwise see. Software that You Already Have: Word Processing Spreadsheets Computers are great note-taking devices for qualitative research, allowing you to edit and duplicate easily. Beyond basic recording and storage of data, however, simple word processing programs can also be used for some basic data analysis. For example, you can use the find or search command to go directly to entries containing keywords. You can also type code words alongside entries in your notes so that you can easily search for trends within your data at later point. Database and spreadsheet programs, like Microsoft Excel and Apple Numbers, can also be used for analyzing qualitative data. Columns can be used to represent categories, the sort command can be used to organize data, and cells can be used for coding data. There are many possibilities and options, depending on what makes the most sense for each individual. There are also several software programs designed specifically for use with qualitative data. The following are the most popular and highly rated among social science researchers. NVivo Nvivo, made and sold by QSR Internationl is one of the most popular and trusted qualitative data analysis program used by social scientists around the world. Available for computers running both Windows and Mac operating systems, it is a multifunctional piece of software that allows for advanced analysis of text, images, audio and video, webpages, social media posts, emails, and datasets. Keep research journal as you work. Case coding, theme coding, InVivo coding. Color coding stripes make your work visible as you do it. NCapture add-on to collect social media posts and bring it into the program. Automatic coding of datasets like survey responses. Visualization of findings. Queries that examine your data and test theories, search for text, study word frequency, create cross-tabs. Easily exchange data with quantitative anlaysis programs. Collect data on mobile device using Evernote, import into program. As with all advanced software packages, it can be costly to purchase as an individual, but people working in education get a discount, and students can buy a 12-month license for about $100. QDA Miner and QDA Miner Lite Unlike Nvivo, QDA Miner and its free version, QDA Miner Lite, made and distributed by Provalis Research, work stricly with text documents and images. As such, they offer fewer functions than Nvivo and others listed below, but they are fantastic tools for researchers focusing on analysis of text or images. They are compatible with Windows and can be run on Mac and Linux machines that run virtual OS programs. Not limited to qualitative analysis, QDA Miner can be integrated with SimStat for quantitative analysis, which makes it a great mixed-methods data analysis software tool. Qualitative researchers use QDA Miner to code, memo, and analyze textual data and images. It offers a range of features for coding and linking sections of data together, and also for linking data to other files and webpages. The program offers geo-tagging and time-tagging of text segments and graphic areas, and allows users to import directly from web survey platforms, social media, email providers, and software for managing references. Statistical and visualization tools allow patterns and trends to be easily viewable and shareable, and multi-user settings makes it great for a team project. QDA Miner is costly but is much more affordable for people in academia. The free version, QDA Miner Lite, is a great basic tool for text and image analysis. It does not have all the features as the pay-version, but can get the coding job done and allow for useful analysis. MAXQDA The great thing about MAXQDA is that it offers several versions from basic to advanced functionality that offer a range of options, including text analysis, data collected through a variety of qualitative methods, transcription and coding of audio and video files, quantitative text analysis, integration of demographic data, and data visualization and theory testing. It functions much like Nvivo and Atlas.ti (described below). Each piece of software works in any language, and is available for Windows and Mac OS. Prices range from affordable to costly, but full-time students can use the standard model for as little as $100 for two years. ATLAS.ti ATLAS.ti is a software program that contains tools to help the user locate, code, and annotate findings in the data, weigh and evaluate their importance, and visualize the relationships among them. It can consolidate large volumes of documents while keeping track of all notes, annotations, codes and memos in all fields of the data. ATLAS.ti can be used with text files, images, audio files, video files, or geo data. Variety of ways of coding and organizing coded data. It is available for Mac and Windows, and a part of its popularity, also works on mobile with Android and Apple. Educational licenses are fairly affordable, and students can use it for less than $100 for two years. Updated by Nicki Lisa Cole, Ph.D.
Monday, February 17, 2020
Final Project Term Paper Example | Topics and Well Written Essays - 500 words
Final Project - Term Paper Example It is also important to acquire a degree from an accredited law school, which is followed by proving of ones quality as a lawyer. This enables the community and state to appreciate the quality of services offered leading to election as a judge. The most important step to becoming a judge is gaining education. However, a number of courses such as public speaking, government, English, philosophy, and history should boost it. This is because a judge must have skills that include analyzing, logical thinking, speaking, and researching so s to acquire success. To become a judge one must be able to analyze situations in the current world in an acceptable manner. This is the reason experience as a lawyer is very important. In addition, one must have some public support, which is achieved during the trial processes. Since Judges are mostly appointed or elected, it is essential to have favor from the top officials by gaining political support. This ensures that the people involved in appointing are aware of your services and can recommend them as a judge. As a judge, it is important to keep track of any changes in the state laws. It is also essential to ensure that all cases are ruled in favor of the law. In addition, one must avoid any form of involvement in crime and corruption issues. Corruption is the best way to ensure that a judge is brought down. Most importantly, cases must be criticized and a ruling given in accordance with the law. I have worked as a judge for quite a number of years. After my education, I started out as a layer, where I defended cases successfully. I was always successful in most cases, which led to appointment a judge by the state council. After the appointment, I have listened to different cases for seven years. As each year increases in my calendar, I gain new ways to handle similar cases. Over the years, I have boosted my position through acquiring education in a number of
Monday, February 3, 2020
Business Law Essay Example | Topics and Well Written Essays - 1500 words - 1
Business Law - Essay Example There has been no clear cut reason for the separation. The division appears to be more of prestige issue and professionally it is becoming an embarrassment to offer the excuse that the barrister performs a specialized or more professional role. Periodical studies highlight issues that throw the explanation of specialized roles of barristers in poor light (Cohen, Professor Harry; p11). Simply put, solicitors form the backbone of U.K.ââ¬â¢s legal system. They come in direct contact with the public who come to them for all legal advises from litigation to commercial work. Litigation forms just a small part of the solicitorââ¬â¢s work that involves ââ¬Å"commercial transactions, corporate matters, land, share and other property dealingsâ⬠(Legal professionals: barristers, solicitors, executives; 1998). In order to become a solicitor, it is necessary to take a one-year Legal Practice Course (LPC). There are over 30 institutions throughout England who offer the LPC. Thereafter, the law student has to obtain a two-years training contract with a solicitorsââ¬â¢ firm (The Legal Professions). Professionally, a solicitor must be a member of the Law Society which oversees his training, practice and the Society also takes up complaints made against the solicitor (Legal professionals: barristers, solicitors, executives; 1998). The role of the solicitor came into existence in 1823 when ââ¬ËThe London Law Institutionââ¬â¢ was formed by several prominent barristers. The name of this institution changed to ââ¬ËThe Law Societyââ¬â¢ in 1903. Women and ethnic minorities were not allowed to be members of the Law Society in those days. Now, half of the legal force in the U.K. comprises women (The Law Society, 2010). The closeness of the solicitors to people and corporations and their distinct efficiencies has enabled them to grow and flourish as individuals or firms. Solicitors have the potential to grow
Sunday, January 26, 2020
Advantages and Disadvantages of Incorporation of Companies
Advantages and Disadvantages of Incorporation of Companies This assignment will discuss the advantages and disadvantages of incorporation of companies. This will be discussed in relation to public and private companies and it will be concluded that the main advantageous of incorporation is and continues to be that of limited liability and separate legal personality. Other issues will discussed and the advantages and disadvantages discussed. It is important first to point out the distinction between public and private companies, the former being those which are permitted to offer their securities to the public and the latter being those which are not so permitted. Often whether a company is public or private is taken more generally as an indication of the social and economic importance of the company, so that the public company is more tightly regulated than the private company in a number of ways, which fall outside the remit of this assignment. However, it is important to note that this difference does exist. The fundamental attribute of corporate personality is that the corporation is a legal entity which is distinct from its members. At the end of the 19th Century following the case of Salomon v Salomon CO[1] this concept was finally grasped by the courts and it was appreciated that companies have a separate legal entity, as Lord Macnaghten explained ââ¬Å"The company is at a law a different person altogether from the subscribersâ⬠¦.; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them. Nor are the subscribers, as members, liable in any shape or form, except to the extent and in the manner provided by the Act[2]â⬠As a corporation is a separate legal person its members are not personally liable for its debts[3]. This principle also applies to obligations other than debts such as the members of the company, although members who become involved in the management of the companyââ¬â¢s business will find that this separate legal personality does not necessarily protect them from personal liability to third parties. If a company enters insolvent liquidation, in theory the issue undergoes a considerable change, although in practice it does not. The question becomes whether the liquidator acting on behalf of the company can seek contributions from its members so as to bring its assets up to the level needed to meet the claims from the companyââ¬â¢s creditors. The overall result of the broad recognition by the courts of the separate legal entity of the company and of the limited liability of its members and managers is to produce at a first sight a legal regime which is very unfavourable to potential creditors of companies. However lenders often ââ¬Å"seek to leap over the barrier created by the law of limited liability by exacting the price of the loan to the company personal guarantees of its repayment from the managers or shareholders of the company, guarantees which may be secured on the personal assets of the individuals concernedâ⬠[4]. Legislation, whilst it has not overturned Salomo n, contains an extensive list of publicity and disclosure obligations to priorities for certain classes of unsecured creditors on the winding-up of a company[5]. Recently added to these statutory weapons are the provisions relating to the wrongful trading and the expanded provisions on the disqualification of directors, especially on grounds of unfitness. One clear advantage of corporate personality is that it enables the property of the association to be more clearly distinguished from its members. In an unincorporated society, the property of the association is the joint property of the members. The rights of the members therein differ from their rights to their separate property since the joint property must be dealt with according to the rules of the society and no individual member can claim any particular asset. By virtue of the trust and the obvious complications can be minimised but not completely eradicated. And the complications cause particular difficulty in the case of a trading partnership both as regards the true nature of the interests of the partners and as regards claims of creditors. On incorporation, the corporate property belongs to the company and members have no direct proprietary rights to it but merely to their ââ¬Å"sharesâ⬠in the undertaking. A change in the membership, which causes inevitable dislocation to a partnership firm, leaves the company unconcerned; the shares may be transferred but the companyââ¬â¢s property will be untouched and no realisation or splitting up of its property will be necessary, as it will on a change in the constitution of a partnership firm. Similarly, the claims of the companyââ¬â¢s creditors will be merely against the companyââ¬â¢s property and the difficulties which can arise on bankruptcy of partners will not occur. There are difficulties relating to legal actions in unincorporated associations. The problem is of practical importance with trading bodies but has been solved in the case of partnerships as they are now able to be sued or sue in the firmââ¬â¢s name[6], although there are still practical difficulties in enforcing the judgement. This question does not arise with incorporated companies as they can sue or be sued in their own right. Another advantage of a limited company is that it cannot become incapacitated by illness, mental or physical, and it does not have to have an allotted life span[7]. This of course does not mean that the death or incapacity of its human members may not cause the company considerable embarrassment, however the vicissitudes of the flesh have no direct effect on the disembodied company, as Grcer LJ said ââ¬Å" a corporate body has no soul to be saved or body to be kicked.[8]â⬠The death of a member leaves the company unmoved: members come and go but the company can go on forever.[9] The continuing existence of a company, irrespective of changes in its membership, is helpful in other direction also. When an individual sells his business to another, difficult questions may arise regarding the performance of existing contracts by the new proprietor[10], the assignment of rights of a personal nature[11], and the validity of agreements made with customers ignorant of the change of propr ietorship[12]. Similar problems may arise on a change of the constitution of a partnership[13]. Where the business is incorporated and the sale is merely of the shares, none of these difficulties arise. The company remains the proprietor of the business, performs the existing contracts and retains the benefits of them, and enters into future agreements. The difficulties attending vicarious performance, assignments and mistaken identity do not arise. Connected to this issue is the issue of the shares. Incorporation with the resulting separation of the business from its members greatly facilitates the transfer of the memberââ¬â¢s interests. In the absence of limited liability the opportunity transfer is in practice very much restricted. With an incorporated company, freedom to transfer, both legally and practically, can be readily attained. The company can be incorporated with its liability limited by shares, and these shares constitute items of property which are freely transferable in the absence of express provision to the contrary, and in such a way that the transferor drops out and the transferee steps into his shoes. A partner has a proprietary interest which he can assign, but his assignment does not operate to divest him of his status or liability as a partner; it merely affords the assignee the right to receive whatever the firm distributes in respect of the assigning partners share[14]. The assignee can be admitted in to the partnership in the pace of the assignor only if the other partners agree and the assignor will not be relieved of his existing liabilities as a partner unless the creditors agree, expressly or impliedly, to release him. Another important feature of an incorporated company is that a structure which allows for the separation of risk investment via the purchase of shares, in which many persons may participate, from the management of the company, which is delegated to a smaller and expert group of people who partly constitute and who are partly supervised by a board of directors. This concept was first explored in the United States by AA Berle and GC Means[15] and they drew attention to the revolutionary change thus brought about in traditional conceptions of the nature of property. Today, the great bulk of large enterprise is in the hands not of individual entrepreneurs but of large public companies in which many individuals have property rights as shareholders and to the capital of which they have indirectly or directly contributed. Direct or indirect investment in companies probably constitutes the most important single item of property for most people, but whether this property brings profit to its ââ¬Å"ownersâ⬠no longer depends on their energy initiative but on that of the management from which they are divorced. Two further advantages which must be considered are that of borrowing and taxation. The ingenuity of equity practitioners has led to the evolution of an unusual but highly beneficial type of security known as the floating charge; i.e. a charge which floats like a cloud over the whole assets from time to time falling within a generic description, but without preventing the mortgagor from disposing of those assets in the usual course of business until something occurs to cause the charge to become crystallised or fixed. This is advantageous to incorporated companies because until recently such a charge could not really apply to partnerships or other unincorporated organisation -this is because of two pieces of legislation. The first was the ââ¬Å"reputed ownershipâ⬠provision in the bankruptcy legislation which relates to individuals[16]â⬠. This, however under the reforms resulting from the report of the Cork Committee was repealed and not replaced in the Insolvency Act 1986 . It never applied to the winding-up of companies. The second, which still remains, is that the charge, in so far as it related to chattels, would be a bill of sale within the meaning of the Bills of Sale Acts 1878 and 1882 which applies only to individuals and not to companies[17]. Hence it would need to be registered in the Bills of Sale Registry, and, what is more important, as a mortgage bill it would need to be in the statutory form which involves specifying the chattels in detail in a schedule. Compliance with the latter requirement is impossible since in a floating charge the chattels are indeterminate and fluctuating. Therefore it can be seen that use of this form of security is in practice restricted to bodies corporate. By virtue of it the lender can obtain an effective security on ââ¬Å"all the undertaking and assets of the company both present and futureâ⬠either alone or in conjunction with a fixed charge on its land. By so doing he can place himself in a far stro nger position that if he merely had the personal security of the individual traders. It therefore happens not infrequently that a business is converted into a company solely in order to enable further capital to be raised by borrowing. Once a company reaches a certain size, the attraction of limited liability is likely to outweigh all other considerations when business people are considering in what form to carry on their activities. Investors are unlikely to be willing to put money in a company where there liability is not limited if they are to have no or little control over the running of the company and for this reason incorporation is preferable. However with small businesses, which it is feasible to give all the investors a say in management, it is likely that tax considerations play a major part in determining whether the business shall be set up in corporate form or as a partnership. In the case of small companies the investorsââ¬â¢ return on their capital may take the form of the payment of directorsââ¬â¢ fees rather than dividends, so that participation in the management of the company may be the means for the investor both to safeguard the investment and to earn a return on it. This assignment has discussed the advantages and disadvantages of incorporation of companies. It can be seen that the advantages of incorporation very much depend on one company to another. For larger firms the division between the board and shareholders, transferable shares and the conferment of limited liability on the shareholders are helpful for the raising of capital. Partnerships and unincorporated organisations do not lend themselves easily to this kind of need and therefore are more favourable in this respect. There are many other issues that make incorporation favourable but it can be seen that it is, and will continue to be the fact that these organisations have limited liability that will continue to make them attractive and more advantageous than unincorporated organisations. Bibliography Cases Brace v Calder (1895) 2 QB 253 Boulton v Jones (1857) 2 H N 564 British Waggon Co v Lea (1880) 5 QBD 149 Griffith v Tower Publishing Co [1897]1 Ch 21 Rayner (Mincing Lane) Ltd v Department of Trade [1989] Ch 72 Re Noel Tedman Holding Pty Ltd (1967) QD R 561 Robson v Drummond (1831) 2 B AD 303 Salomon v Salomon CO [1897] AC 22 HL Slavenburgââ¬â¢s Bank v International Natural Resources Ltd [1980] 1 W L R 1076 Stepney Corporation v Osofsky [1937] 3 ALL ER 289 Statutes Bankruptcy Act 1914 Bills of Sale Acts 1878 Insolvency Act 1986 Partnership Act 1890 RSC ORD 81 Books Berle A and Means G, (1993) ââ¬Å"The Modern Corporation and Private Propertyâ⬠New York Davies P, (2003) ââ¬Å"Gower and Davies Principles of Modern Company Lawâ⬠, Seventh Edition, Thomson Sweet and Maxwell Dobson P, (2003) ââ¬Å"Commercial Lawâ⬠, Third Edition, London Cavendish Morse G, (2005) ââ¬Å"Charlesworth Company Lawâ⬠, Seventeenth Edition, London Sweet and Maxwell Smith and Kennan, (2005) ââ¬Å"Smith and Keenans Company Law , Thirteenth Edition, Harlow Press/Longman 1 Footnotes [1] [1897] AC 22 HL [2] [1897] AC 22 HL at 51 [3] See for example Kerr LJ in Rayner (Mincing Lane) Ltd v Department of Trade [1989] Ch 72 at 176 [4] Davies P, (2003) ââ¬Å"Gower and Davies Principles of Modern Company Lawâ⬠, Seventh Edition, Thomson Sweet and Maxwell at page 32 [5] Insolvency Act 1986 Ss40 175 and 386-387 [6] RSC ORD 81 [7] S84 (1) (a) of the insolvency Act [8] In Stepney Corporation v Osofsky [1937] 3 ALL ER 289 at 291 [9] See Re Noel Tedman Holding Pty Ltd (1967) QD R 561 [10] Robson v Drummond (1831) 2 B AD 303 and British Waggon Co v Lea (1880) 5 QBD 149 [11] See Griffith v Tower Publishing Co [1897]1 Ch 21 [12] Boulton v Jones (1857) 2 H N 564 [13] Brace v Calder (1895) 2 QB 253 [14] Partnership Act 1890 [15] The Modern Corporation and Private Property, New York 1933 [16] Bankruptcy Act 1914 S38 (1)(C) [17] See Slavenburgââ¬â¢s Bank v International Natural Resources Ltd [1980] 1 W L R 1076
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