Standpoint Theory Free Essay Example, 1500 words

However, this openness was also severely tested at various times when the immigrants came to America in waves from certain regions of the world and the make-up or composition of American society changed over time. Successive waves of immigrants fought for the same jobs and wanted a fair share of its resources; natives such as the American Indians and descendants of black slaves were subsequently slowly marginalized due to overt and subtle discrimination by the majority or dominant sector of American society. Immigration policy is a major reflection of the prevailing social attitudes at a particular time in contemporary American history. History records showed immigration policies that were clearly discriminatory in terms of outright exclusion or tight quota restrictions indicative of a growing prejudice and racial bias. Enlightened political discussions had mitigated somewhat the discrimination in America today but the fact remains that questions linger on who is considered to be an American and what is the definition of a true American? A sociological viewpoint can help explain social attitudes and practices in terms of prevailing social theories and in particular, the Standpoint Theory. We will write a custom essay sample on Standpoint Theory or any topic specifically for you Only $17.96 $11.86/pageorder now Discussion Just as history is written by the victors, the laws of any society are usually written and adopted by the dominant cultural or ethnic group in society. Sociology is more than helpful in a closer examination of the dynamics of how various groups that make up a society vie for both political and economic power. The Enlightenment Period during the seventeenth and eighteenth centuries produced a good number of brilliant thinkers who discussed social theories although not yet in a strictly academic sense but rather in more philosophical terms. Great thinkers like Thomas Hobbes (1588-1679), Jean-Jacques Rousseau (1712-1788), and Immanuel Kant (1724-1804) had published important essays on how human nature is shaped by society that in turn can lead to either smooth integration or social conflicts caused by deviant behaviors. These in turn were further expanded by the ideas of subsequent philosophers like that of Auguste Comte (1798-1857), John Stuart Mill (1806-1873), Karl Marx (1818-1883), Herbert Spencer (1820-1903), Vilfredo Pareto (1848-1923), Max Weber (1864-1920), and also Pitirim Sorokin (1889-1963) but it was Emile Durkheim (1858-1917) who earned the distinction and credit of his theories having solidified and edified sociology as a valid academic discipline with the publication of his ground-breaking â€Å"Rules of the Sociological Method† back in 1895.

Option Contracts - Free Essay Example

Sample details Pages: 5 Words: 1493 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Essay any type Tags: Contract Law Essay India Essay Did you like this example? Subject à ¢Ã¢â€š ¬Ã¢â‚¬Å" Company law 1 Option Contracts -An analysis of position in India Background Put and call options are one of the preferred mechanisms for investors in India, both foreign and domestic, and in different type of transactions like joint venture, stock market, etc. In lay manà ¢Ã¢â€š ¬Ã¢â€ž ¢s term a put option enjoyed by A against B gives A an option to sell certain securities at a future date at some specified price. Whereas a call option enjoyed by A against B gives A an option to compel B to sell the specified securities at a specified date and for a specified price. Don’t waste time! Our writers will create an original "Option Contracts" essay for you Create order These options are founded in commercial practicalities. In some cases the promoter has call options by which he can buy out the investors. The investment carries certain pre emptive rights as well like Right to First Refusal, Drag Along Rights, etc. This is a standard that is practiced internationally, even in India though not expressly. The recent changes by regularity authorities like RBI, SEBI and Judiciary has made the position of investors very turbulent in India. Section 2(d) of the Securities Contract (Regulation) Act, 1956 defines à ¢Ã¢â€š ¬Ã…“options in securitiesà ¢Ã¢â€š ¬Ã‚  as a purchase or sell of a right to buy or sell securities in the future. The judiciary has upheld that options are not obligation but a right. Section 20 of the Securities Contract (Regulation) Act, 1956 (SCRA) had prohibited options upon securities. A 1995 amendment[1] had deleted the concerned provision, but still the air of ambiguity regarding option contracts wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t clear as a March 1, 2000 circular of SEBI[2] had prohibited the use of option contracts. If both the amendment and circular is read together it is logically deducible that option contracts are only valid till they are (a) spot delivery contracts; (b) hand delivery; (c) contracts for cash; (d) special delivery and (e) contracts for derivatives permissible under the SCRA or the SEBI 1992 rules.[3] Since the Amendment is still in force along with the circular by SEBI in 2000 that clarified ità ¢Ã¢â€š ¬Ã¢â€ž ¢s position related to prohibition on option contracts, there exists an contradiction between the 1995 amendment of SCRA and 2000 circular of SEBI. CURRENT SITUATION The SEBI by a recent 2013[4] circular has agreed to include clauses related to pre emptive rights, right of first offer, tag-along right, drag-along right and call and put options, when contained in shareholders agreements, as valid contracts, for the purpose of the SCRA. Some judicial decisions that lead to the str ategic acceptance of option contracts by SEBI has been enumerated below : In 2005 the Bombay High Court[5] dealing with the buy-back clause in a share agreement held that such a contract would not be valid under SCRA as it is not a spot delivery contract. In 2011, SEBI issued an informal guidance[6] that an agreed purchase of shares of a listed company through call or put options of a listed company is invalid, since it does not constitute a spot delivery. The contract was held not to be a derivative under SCRA as it was not a contract traded in stock exchange but settled on clearing house of a stock exchange. In 2012 Bombay High Court[7], dealing with the options of purchase or sell between parties, held that the options are mere privileges of option holder and a concluded contract would only come into existence when an option holder actually enforces the option. The appeal filed by SEBI was disposed off by the Supreme Court on grounds of mutual consent filed by parties. All this led to a deadlock which was cleared atlast by SEBI which by its 2013 circular enhanced the scope of option contracts under the SCRA. The notification clarifies that the contracts now included under SCRA shall be in accordance with the extant exchange control laws of India and that the changes shall not affect the validity of any contract entered prior to the notification. ANALYSIS Clearing the ambiguity and removing the deadlock Prior to the notification there was a lot of ambiguity related to the validity of option contracts. Two views existed, with one advocating that they were invalid as they were neither spot delivery contracts nor were they derivatives traded in the stock market as enumerated in Vulcan Engineers Case[8] and the other view advocating the validity of option contracts based on MCX[9] case judgement that advocated that such contracts were rights vested in the option holder and not a concluded contract. By including contracts for purchase or sale of securities pursuant to exercise of an option, SEBI has put to rest a long standing debate. Adding Some more Confusion While the validity of such contracts is settled by the circular, more confusion seems to be have had been added with respect to the enforcement of such contracts. As per the MCX judgement the option contract would become a contract only on exercise, hence to be settled as a spot delivery contract. However by including spot delivery and pre emptive contracts as a different class of contracts, the settlement of contracts is under ambiguity. Also as the above two contracts have been included in class of permitted contracts, there is ambiguity whether they can be traded as market securities. For example if a shareholderà ¢Ã¢â€š ¬Ã¢â€ž ¢s agreement contains mere call option, could the right be traded by option holder. Controlling Speculation By legalising the concept of option contract, for the validity and enforceability of contracts the selling party is required to own the securities for a minimum period of one year. Also, the contract for such sale and purchase pursuant to the exercise of an option must be by actual delivery of the underlying securities. The intent behind this clause was to prevent any speculative transactions among the parties, which was the intent behind the introduction of SCRA. Existing Contracts The circular of 2013 expressly states that the contracts entered before the circular will not be affected by the change, hence the validity and enforceability of such contracts still remains questionable. The only option the affected parties are left with in order to continue their contract is by re entering the contract on a date after the circular came into force. RBI Perspective Though SEBI has permitted options in shareholders agreements, the same have been subjected to the extant exchange control regulations. RBI has often been uncomfortable with such contracts in shareholders agreements since it views these contracts as more in the nature of debt as opposed to equity, thereby defeating the spirit of the foreign direct investment policy. The RBI has even issued various show cause notices for removal of such provisions. Unless RBI issues a notification permitting options in shareholders agreements, these options in cross border deals might still remain questionable.[10] CONCLUSION The issue of the validity of call and put options has been debated frequently. SEBI has earlier held options to be invalid in Vulcan Engineering, and recently, has even asked parties to remove put options from their agreements, as in the recent case of Vedanta Resources Plcs acquisition of Cairn India Limited. Hence the Notification is a welcome move and will bring great r elief to the domestic investors, at least. Having said that, the call and put options are subject to extant exchange control regulations. RBI has been holding such options invalid on 2 counts. First, that they were not valid contracts under SCRA, and second, that they were in the nature of debt. By way of the Notification, the first of the two issues have been addressed. To that extent, since put options is more pertinent to the second objection- it remains to be seen whether call option would now be permitted. It seems that SEBI may have consulted with the RBI before coming out with the Notification, and it is expected that RBI may soon permit options and preemptive rights from an exchange control perspective, thereby clarifying the issue in relation to these contracts. Therefore to conclude we can say that the recent circular has on one hand cleared years long ambiguity in one hand by expressly validating option contracts but on the other hand has also created confusion ove r validity of such contracts entered earlier than the circular. This leaves interested latter parties with the only option of re entering contracts. [1] Available at https://www.sebi.gov.in/acts/contractact.pdf [2] Notification S.O. 184 (E) dated March 1, 2000 [3] Ankit Guha, Are Option Contracts Enforceable, available at https://www.legallyindia.com/20090831159/Legal-opinions/are-option-clauses-actually-enforcable. [4] The Notification No. LAD-NRO/GN/2013-14/26/6667 dated October 3, 2013 availableat www.sebi.gov.in [5] Niskalp Investments and Trading Co. Ltd. vs. Hinduja TMT Ltd. [[2008] 143 Comp Cas 204 (Bom)] [6] SEBI Informal Guidance in the matter of Vulcan Engineers Limited dated May 23, 2011 availablehere https://www.sebi.gov.in/takeover/vulcanlof.pdf [7] MCX Stock Exchange Limited vs. SEBI, 2012 (114) BomLR 1002 [8] in the matter of Vulcan Engineers Limited dated May 23, 2011 availablehere https://www.sebi.gov.in/takeover/vulcanlof.pdf [9] MCX Stock Exchange Limited vs. SEBI, 2012 (114) BomLR 1002 [10] Nishith Desai Associates, SEBI Permits options and Pre emptive Agreements, available at ht tps://www.mondaq.com/india/x/270684/Shareholders/SEBI+Permits+Options+And+Preemptive+Rights+Arrangements

India and Southeast Asia, 1500 B.C.E.-600 C.E. Free Essays

Ashley Thompson AP World History Ms Thurgood,1-3 Chapter 6: India and Southeast Asia, 1500 B. C. E. We will write a custom essay sample on India and Southeast Asia, 1500 B.C.E.-600 C.E. or any similar topic only for you Order Now -600 C. E. P: *Around 1000 B. C. E the people were divided into kinship groups while the kings ruled over the tribes. Later under the Kings were military and civil officials, which dealt with records, income of the government and custom duties. During the Gupta empire there was a rather decentralized administration unlike the Mauryan Empire. *Brahmans and warriors were at the highest point in the Hierarchy and there were structural laws based on the caste system. Rulers in Southeast Asia used their Indian knowledge and personnel to increase their power. E: *Heavy taxes were imposed on common people during the Gupta Empire. India traded extensively with South East and East Asia. *One’s economic status in India could be compared to that of a capitalist society. This is because of the belief in reincarnation, and that whoever you were in your last life determined who you were in your next life. These reincarnations were placed into a caste and whichever caste you were placed in depicted your social and economic status. Who you were and what you did depicted your well being. * The Funan (SE Asia) society was able to take control over the trade route between India and China by extending control over most of Indochina and the Malay Peninsula. R: *There was a spread and development of belief systems such as Vedism, Buddhism, Jainism, and Hinduism. *There were many religious texts such as: Mahabharata- The vast epic of the events leading up to a battle between kinship groups in early India. Bhagavad-Gita: A dialogue between the great warrior Arjuna and the god Krishna about the fate of the spirit. Vedas: Religious texts communicated orally by Brahmin priests that were eventually written down and are the main source of about the Vedic period. *Buddha played a major role in the spread of Buddhism, as he was the founder. S: *Class and Caste: The varna/jati was the main categories of social identity. The Varna contained the 4 major social divisions: Brahmin, Kshatriya, Vaishya, and Shudra. Underneath these were the Untouchables who were excluded from the class system. The jati were the regional groups of people who had common occupancy who generally interacted with the people from their group. *In terms with the patriarchal society women had little rights. In the Gupta Empire moreso women lost their rights to own and inherit property, and were banned from studying sacred texts and participate in sacrificial rituals. They also were married at a very early age. Some women escaped male control by joining Jainist and Buddhist communities. COT: Although women were never viewed as on the same level socially as men, their rights declined dramatically between 320 C. E. -550 C. E. I: *ca. 1500 B. C. E. there was a migration of Indo-European people into northwest India. There were interactions between Asia and India through trade. * In SE Asia Indian culture was received, what was useful to them was extracted and put into beliefs and values. A: Many statues, sculptures, and temp les were built to honor Hindu deities and also to honor Buddha. important points: *ca. 500 B. C. E. – Siddhartha Gautama founds Buddhism; Mahavira founds Jainism. This is important because this was the beginning of two very important and influential religions of this time. *ca. 1500 B. C. E. – Migration of Indo-European people into northwest India. This was important because these people brought in outside influences, and they also started the prejudice of the Dasas by the Aryans, which led to the caste system. *550 C. E. – Collapse of the Gupta Empire. This was important because this was the end of an empire of poor economy and low status of women. Vocabulary *moksha: The Hindu concept of the spirit’s â€Å"liberation† from the endless cycle of rebirths. * â€Å" Great Vehicles† branch of Buddhism that focuses on reverence for Buddha and for bodhisattvas, enlightened people who have postponed nirvana to help others attain enlightenment. *Theravada Buddhism: â€Å"Way of the elders† branch of Buddhism that downplays the importance of the gods and emphasizes the individual’s search for enlightenment. Tamil Kingdoms: The kingdoms of southern India, inhabited primarily by speakers of Dravidian languages, which developed in partial isolation, that produced epics, poetry, and performance arts. *Funan: An early complex society in Southeast Asia between the 1st and 6th centuries C. E. It was centered in the rice-growing region of southern Vietnam. Comparative thesis: Although both India and Southeast Asia between 1500 B. C. E-300C. E. had apparent religion, India had a more structured system, while in Asia there was a more open influence on religion. How to cite India and Southeast Asia, 1500 B.C.E.-600 C.E., Papers

India and Southeast Asia, 1500 B.C.E.-600 C.E. Free Essays

Ashley Thompson AP World History Ms Thurgood,1-3 Chapter 6: India and Southeast Asia, 1500 B. C. E. We will write a custom essay sample on India and Southeast Asia, 1500 B.C.E.-600 C.E. or any similar topic only for you Order Now -600 C. E. P: *Around 1000 B. C. E the people were divided into kinship groups while the kings ruled over the tribes. Later under the Kings were military and civil officials, which dealt with records, income of the government and custom duties. During the Gupta empire there was a rather decentralized administration unlike the Mauryan Empire. *Brahmans and warriors were at the highest point in the Hierarchy and there were structural laws based on the caste system. Rulers in Southeast Asia used their Indian knowledge and personnel to increase their power. E: *Heavy taxes were imposed on common people during the Gupta Empire. India traded extensively with South East and East Asia. *One’s economic status in India could be compared to that of a capitalist society. This is because of the belief in reincarnation, and that whoever you were in your last life determined who you were in your next life. These reincarnations were placed into a caste and whichever caste you were placed in depicted your social and economic status. Who you were and what you did depicted your well being. * The Funan (SE Asia) society was able to take control over the trade route between India and China by extending control over most of Indochina and the Malay Peninsula. R: *There was a spread and development of belief systems such as Vedism, Buddhism, Jainism, and Hinduism. *There were many religious texts such as: Mahabharata- The vast epic of the events leading up to a battle between kinship groups in early India. Bhagavad-Gita: A dialogue between the great warrior Arjuna and the god Krishna about the fate of the spirit. Vedas: Religious texts communicated orally by Brahmin priests that were eventually written down and are the main source of about the Vedic period. *Buddha played a major role in the spread of Buddhism, as he was the founder. S: *Class and Caste: The varna/jati was the main categories of social identity. The Varna contained the 4 major social divisions: Brahmin, Kshatriya, Vaishya, and Shudra. Underneath these were the Untouchables who were excluded from the class system. The jati were the regional groups of people who had common occupancy who generally interacted with the people from their group. *In terms with the patriarchal society women had little rights. In the Gupta Empire moreso women lost their rights to own and inherit property, and were banned from studying sacred texts and participate in sacrificial rituals. They also were married at a very early age. Some women escaped male control by joining Jainist and Buddhist communities. COT: Although women were never viewed as on the same level socially as men, their rights declined dramatically between 320 C. E. -550 C. E. I: *ca. 1500 B. C. E. there was a migration of Indo-European people into northwest India. There were interactions between Asia and India through trade. * In SE Asia Indian culture was received, what was useful to them was extracted and put into beliefs and values. A: Many statues, sculptures, and temp les were built to honor Hindu deities and also to honor Buddha. important points: *ca. 500 B. C. E. – Siddhartha Gautama founds Buddhism; Mahavira founds Jainism. This is important because this was the beginning of two very important and influential religions of this time. *ca. 1500 B. C. E. – Migration of Indo-European people into northwest India. This was important because these people brought in outside influences, and they also started the prejudice of the Dasas by the Aryans, which led to the caste system. *550 C. E. – Collapse of the Gupta Empire. This was important because this was the end of an empire of poor economy and low status of women. Vocabulary *moksha: The Hindu concept of the spirit’s â€Å"liberation† from the endless cycle of rebirths. * â€Å" Great Vehicles† branch of Buddhism that focuses on reverence for Buddha and for bodhisattvas, enlightened people who have postponed nirvana to help others attain enlightenment. *Theravada Buddhism: â€Å"Way of the elders† branch of Buddhism that downplays the importance of the gods and emphasizes the individual’s search for enlightenment. Tamil Kingdoms: The kingdoms of southern India, inhabited primarily by speakers of Dravidian languages, which developed in partial isolation, that produced epics, poetry, and performance arts. *Funan: An early complex society in Southeast Asia between the 1st and 6th centuries C. E. It was centered in the rice-growing region of southern Vietnam. Comparative thesis: Although both India and Southeast Asia between 1500 B. C. E-300C. E. had apparent religion, India had a more structured system, while in Asia there was a more open influence on religion. How to cite India and Southeast Asia, 1500 B.C.E.-600 C.E., Papers

Enterprise Systems Architecture in Organizations

Question: Describe about The Evaluation of Enterprise Systems Architecture in Organizations? Answer: Introduction Enterprise system of architecture is the overall system if IT architecture in the organisation. The architecture plays an important role of evolving and managing the IT system, and business operations of the organisation. The system consists of architecture of the individual system and their relationship with the organisation (Chorafas, 2001). The organisations are embarking on painstaking effort and time consuming to upgrade and overhaul their mission through critical software system at the organisation level. The process requires acquiring the third party application as a total solution or as component. Problems encountered in comparing and evaluating various system of architecture in organisation. Body Impact of the Retailing online The organisations can perform their business activities in online retailing as it helps to several routes. Online retailings dispense with staff and cost requirements and exist only on the internet. The online sale in conventional retail includes consumer to consumer sale and business to business transactions (Daradoumis, 2011). The use of the internet as the primary channel for sales offers multiple advantages. Online retailing includes building of website which is cheaper than opening a store reaching to online customers all over the world. The shopping of the product becomes comfortable and easy for the customers and customizes experience based on the preferences and past sales. Organizations future with online sales Organisation plans online sales strategy to support the experience of online sales experience for the vendors and customers. The planning includes goal to adjust and review the online sales strategy. The scale of online operation is flexible and offers wide range of products online (Goodyear, 2013). The steps to be taken for online sales by the organisation are: Building and designing an easy to use and professional website. Adopting search engines to drive the traffic on the site. Implementation of email marketing to turn the visitors into buyers. Increasing the income through up selling and back end sales. Problem areas of an organizations enterprise content management infrastructure The enterprise content management projects the progress of the organisation; many factors impact the failure or success of such initiatives. Organisation inadequately assesses the needs of business by selecting a system before defining the process. The ECM can be challenge for most financial and technical resources. The size of the company depends on the content and information to do the business (Heinemann Schwarzl, 2010). The content becomes diverse and voluminous in the forms and how it comes into the organisation. Many organisation experiences the level of the content related dysfunction. Unstructured content tends to develop in ungoverned and uncontrolled manner. This leads to ongoing proliferation of the redundant and often leads to conflictingcontent. These problems can be overcome: Defining requirement and reviewing the content of lifecycle of ECM. Determining the appropriate form of the content management. Establishing governance for ECM. Evaluating the current state of the content. Establishing environment for the content management. Performing ongoing content enhancement and hygiene. Conclusion The organisations enterprise system of architecture is based on the structure of IT system. The system is organised to mirror the static and dynamic structure of the organisation to assist the aspects of the organisation business activities. The architecture corresponds to organisational units at different stages such as enterprise, information system and enterprise unit. References Chorafas, D. (2001).Enterprise Architecture and New Generation Information Systems. Hoboken: CRC Press. Daradoumis, T. (2011).Technology-enhanced systems and tools for collaborative learning scaffolding. Berlin: Springer. Goodyear, S. (2013).Practical SharePoint 2013 enterprise content management. [New York]: Apress. Heinemann, G., Schwarzl, C. (2010).New online retailing. Wiesbaden: Gabler.