Wednesday, May 6, 2020

Analysis Of Our Fear Of Immigrants By Adam Smith - 801 Words

Jeremy Adam Smith’s â€Å"Our Fear of Immigrants† proposes a sympathetic outlook towards immigrants. Smith wants the disgust and loathe of citizens to stop, and instead for them to start retaining empathy for newcomers. While reading the article, there is a sense of fear that people hold for immigrants. Many of these fears are mainly blamed on many motives such as psychological reasoning, genetic cognitive, and social status. Although Smith provides plenty logic behind the behavior of citizens, there should also be the point of view behind the immigrants themselves. Smith’s article â€Å"Our Fear of Immigrants† starts by offering reasoning for why people do fear immigrants, and seems to suggest that sparse feelings for competent and emotional†¦show more content†¦Smith is trying to engage with the readers’ feelings and trigger emotion (750). Research from numerous psychologist experts is also mentioned various times. These psychologists are those such as Princeton psychologist Susan Fiske, University of California psychology professor Rodolfo Mendoza-Denton who studies and shares stereotypes and intergroup relations as well as psychologist Dachen Keltner who studies impact of power differences on human relationships, and psychologist Daryl Cameron from University of Iowa who discusses the differences between in and out groups (751-757). Also mentioned is evidence from colleague, Mark Schaller, from University of British of Columbia who claims biological cognitive for the fear of immigrants bringing disease (752). Sm ith offers a different resource which is an actual statement made in an interview by the mayor of Murrieta, Alan Long, who declared that immigrants are contagious (752). Another important detail mentioned in the article is xenophobia with adequate evidence that is given by scientists and researchers including their studies (753). Throughout the story there many indications made about the treatment that citizens give immigrants. As seen above Smith uses many sources to prove his point, but it seems that he lacks to provide a point of view for the opposing side. His reasoning is valid when he discusses many explanations behind the fear that citizens have for the newcomers. The sources that he usesShow MoreRelatedOur Fear Of Immigrants By Jeremyere Adam Smith Analysis738 Words   |  3 Pages Learned or Instinctive Trait In â€Å"Our fear of Immigrants† by Jeremy Adam smith, the author recalls a story about a young elementary student that got deported during Christmas break. Immigration has always been a controversial topic in this country. Many have different views on why deportation is beneficial and why it is not. 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Influence of Corporate Theory on Company Law-Samples for Students

Questions: 1.Is corporate theory useful in understanding company law? 2.How has it influenced company law? 3.Why is agency problem such a big issue for the corporate theory? Answers: 1.The main subject matter of the paper is based on certain questions on the corporate law. The first question asked about the usefulness of corporate theory to understand the contents of company law. Theories help to understand and critically analyze a matter. Scientifically, it can be stated that a good theory reveal certain hypotheses regarding the subject matter of an issue[1]. According to the general principle of law, corporation or company is a separate legal entity in the eyes of law and therefore, it can be stated that every corporation has certain duties to do. It is important to recognize the nature of the corporation and corporate theories help to develop the base of the corporation and help to evaluate the concept of company law. The corporate theories have two dimensions. The theories have made a distinction in between the separate liabilities of the company from its stakeholders and an attempt has been made to identify the artificial creation of the state law[2]. This t heory is known as natural entity theory. There are certain corporate theories such as concession theory, fiction theory, aggregate theory, corporate realism and economic theory. According to concession theory, a company is an artificial creature and it does not exist without any special concession made by the state. Fictional theory is also focusing on the role of the state. The legal personality of the company has been established through aggregate theory[3]. This theory concentrates on the rights and obligation of the corporation. The separate entity of the company has for the first time engraved under the corporate realism theory. The importance of resource and production of a company has been established in the economic theory. Therefore, it can be stated that certain corporate theories are important to understand the basic nature of the companies[4]. The concept of corporate veil can be understood by the aggregate theory and the rights of the company have understood from corpor ate realism. 2.The corporate theories are influenced the company law to certain extent. Under company law, the scope and definition of the company has been discussed. the corporate theories, to certain point, tried to define the legal capacity of the company and deal with the rights and liabilities of the company. The scholars like Von Savigny, Coke Blackstone and Salmond have supported the fiction theory. This theory has been taken in the case of Salomon v A Salomon Co Ltdwhere the court observed that the existence of an artificial creature can be established separately and it should be separated from the other stakeholders. It has been mentioned in the concession theory that a corporation has no personal existence while acting within a state. The theory of corporate realism has influenced the rights and liabilities of the company. According to this theory, being a juristic person company acquired certain rights[5]. The real entity of the company has been instituted by this theory[6]. Under the purview of dual personality theory, every company has dual nature and if the stakeholders of the company tried to gain illegal profit, separate liability of the company could not be established and the corporate veil of the company will be pierced. However, the theory of corporate realism has certain loopholes. The theory has failed to answer regarding the status of the real person not acting as shareholders. The market segmentation of the company has been established by economic theory. Therefore, it can be stated that the corporate theories are creating certain impacts on the company law and they help to understand certain nature and character of a company. 3.The theory regarding the agency helps to understand the relationship in between the agent and principal. It has been observed that the agents are acting on behalf of the principal and the ultimate aim of the same is to act for the best interest of the principal[7]. However, matter of conflict arises when agent fails to act for the best interest of the principal[8]. Certain theories like fiction theory and corporate realism has been affected by this agency theory. It has been observed that the agency theory has made the company as the principal and the stakeholders as its agent[9]. The main duty of the agents is to act for the best interest of the company. However, to certain extents, it has been observed that the stakeholders have failed to act in good faith. Therefore, a conflict has been made in between the company and stakeholders. In certain times, the company has to pay for the wrongful act of the agents if he does any act due to course of his employment. According to Alan Dig nam A manager can be given a specific job description by the board but of en much of the actual authority is implied by the position held and by the custom in the company or industry. For example, Mike is a purchasing manager who used to work for X Ltd as head of its purchasing department. Mike has just started working with Y Ltd in the same role and has found that although in his previous job the personnel department did all the hiring. Y Ltd has only a small personnel department and thus it is the practice in Y Ltd that all staff related issues are the 12_Dignam_Ch12.indd 278 7/20/2012 5:21:41 PM Agency 279 responsibility of individual department heads. Here Mike has actual authority to hire employees even though his job description contains no such reference, it is purely implied from the internal practice in Y Ltd. In this process, the corporate veil of the company cannot be exercised. In this way, the theory of agency becomes a big issue. References: Cornelissen, Joep, and Joep P. Cornelissen. Corporate communication: A guide to theory and practice. Sage, 2017. Cotterrell, Roger.Law, culture and society: Legal ideas in the mirror of social theory. Routledge, 2017. Kraakman, Reinier, and Henry Hansmann. "The end of history for corporate law."Corporate Governance. Gower, 2017. 49-78. Kraakman, Reinier, and John Armour.The anatomy of corporate law: A comparative and functional approach. Oxford University Press, 2017. Lan, Luh Luh. "Corporate law [Book Review]."Singapore Journal of Legal StudiesMar 2016 (2016): 214. Lowry, John P., and Alan Dignam.Company Law. Oxford University Press, 2016. Rock, Edward B. "Corporate Law Doctrine and the Legacy of American Legal Realism."U. Pa. L. Rev.163 (2014): 2019. Schwartz, Mark S.Corporate social responsibility. Routledge, 2017. Stout, Lynn A., and Margaret M. Blair. "A team production theory of corporate law."Corporate Governance. Gower, 2017. 169-250. Stout, Lynn A., and Margaret M. Blair. "A team production theory of corporate law."Corporate Governance. Gower, 2017. 169-250. Lowry, John P., and Alan Dignam.Company Law. Oxford University Press, 2016. Cornelissen, Joep, and Joep P. Cornelissen. Corporate communication: A guide to theory and practice. Sage, 2017. Kraakman, Reinier, and Henry Hansmann. "The end of history for corporate law."Corporate Governance. Gower, 2017. 49-78. Schwartz, Mark S.Corporate social responsibility. Routledge, 2017. Lan, Luh Luh. "Corporate law [Book Review]."Singapore Journal of Legal StudiesMar 2016 (2016): 214. Rock, Edward B. "Corporate Law Doctrine and the Legacy of American Legal Realism."U. Pa. L. Rev.163 (2014): 2019. Kraakman, Reinier, and John Armour.The anatomy of corporate law: A comparative and functional approach. Oxford University Press, 2017. Cotterrell, Roger.Law, culture and society: Legal ideas in the mirror of social theory. Routledge, 2017.