Tuesday, January 28, 2020
Should Courts Lift the Corporate Veil?
Should Courts Lift the Corporate Veil? The doctrine laid down in Salomon v Salomon & Co Ltd has to be watched very carefully. It has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. But that is not true. The courts can and often do draw aside the veil. They can and often do pull off the mask. They look to see what really lies behind. The legislature has shown the way with group accounts and the rest. And the courts should follow suit. I think that we should look at the Fork company and see it as it really is the wholly owned subsidiary of the tax payers. It is the creature, the puppet of the taxpayers in point of fact, and it should be so regarded in point of law. Per Lord Denning MR, Littlewoods Mail Order Stores Ltd v I.R.C. [1969] 3 All ER 855 1.0à Introduction This dissertation will discuss the principles of limited liability and corporate personality and the courtsââ¬â¢ reluctance to disregard the corporate veil the principle called ââ¬Å"piercing the Corporate Veilâ⬠. We shall consider the circumstances in which the Courts have been able to pierce the veil of incorporation and the reasons as to why they have in most cases upheld the decision in Solomon v Solomon & Co[1]. All companies in the United Kingdom have to be registered and incorporated under the Companies Act which governs the principle of limited liability hence giving the owners or shareholders a curtain against liability from creditors in the case of the company falling into financial troubles. This curtain so created gives the company a separate legal personality so that it can sue and be sued in its own right and the only loss to the owners or shareholders is the number of shares held in the company on liquidation with no effect on their personal assets. This distinct separation between the owners or shareholders and the limited company is the concept referred to as the ââ¬Ëveil of incorporationââ¬â¢ or ââ¬Ëcorporate veilââ¬â¢. In conclusion, it shall be argued that the courts should lift or pierce the corporate veil to a significantly greater extent so as to hold erring shareholders or directors of a corporation liable for the debts or liabilities of the corporation despite the general principle of limited liability were the corporation has insufficient assets to off-set the creditor liabilities. 2.0à Limited liability and Corporate Personality The principles of limited liability and corporate personality are the cornerstone of the United Kingdom company law since the Joint Stock Companies Act 1844, its consolidation in 1856[2] and the introduction of the Limited Liability Act 1855. These two principles have been so guarded by the courts as being fundamental to todayââ¬â¢s company law by upholding the separate legal personality of a corporate entity. However, whilst the original intention of the legislation was to help companies raise capital through the issue of shares without exposing the shareholders to risk beyond the shares held, the present attraction to incorporating a company is the advantage of shielding behind the curtain of limited liability which could be abused by some businessmen. 2.1à Companies Act 2006 Article 3 (1) provides that a company is a ââ¬Å"limited companyâ⬠if the liability of its members is limited by its constitution. Article 7 (2) provides that a company may not be so formed for an unlawful purpose. Article 16 (2) The subscribers to the memorandum, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. (3) That body corporate is capable of exercising all the functions of an incorporated company. 2.2à Limited liability As stated above, the doctrine of limited liability was introduced by the Limited Liability Act 1855 as a means by which companies could raise capital by selling company shares without exposing the shareholders to unlimited liability.[3] The principle of limited liability shields the company owners, shareholders and directors or managers against personal liability in the event of the company winding up or becoming insolvent. In such an event the liability of its owners and shareholders is limited to the individual shareholding held as provided for by the Companies Act 2006 and the Insolvency Act 1986[4]. This means that the members of a company do not have to contribute their personal assets to the company assets to meet the obligations of the company to its creditors on its liquidation but have to contribute the full nominal value of the shares held by individual shareholders. It should be noted here that such limited liability does not shield the limited company from liability until all its debts or assets are exhausted. This principle has so been held since the House of Lords ruling in the Solomon case[5] in which the Lords where of the view that the motives behind the formation of a corporation was irrelevant in determining its rights and liabilities as long as all the requirements of registration are complied with and the company is not formed for an unlawful purpose[6]. Much as a limited company has a separate legal personality, its decisions are made by directors and managers who should use the powers conferred unto them by the company board of directors and the memorandum and articles of association[7], and any abuse will entail personal liability by the officer concerned. Limited liability encompasses both the small enterprise including one-man companies[8] and big companies hence limiting the liabilities to company assets and not to any other personal assets.[9] This view has been endorsed in recent times through numerous cases as evidenced in a one-man company, Leeââ¬â¢s Air Farming. Lee was the majority shareholder and director in the company in which he was also the employee. He was killed on duty in an air accident and the court held that Lee and the company were two separate entities and hence entitled to compensation.[10] The courts will only in exceptional circumstances such as abuse, fraud or where the company was used as an agent of its owner disregard the doctrine of limited liability and hold members, shareholders or directors personally liable for the debts and other company obligations to the creditors in what has been termed the piercing or lifting of the veil of incorporation. However, there are several statutory laws which allow for the principle of limited liability to be ignored in such situations as in the reporting of financial statements of group companies[11], corporate crime and insolvency[12] which we shall discuss below. 2.3à Corporate Personality A limited company is a legal person[13] with an existence which is separate and independent from its members as long as all the formalities of registration are adhered with in line with the Act. The corporate identity entails the company can sue and be sued in its own right without affecting its ownersââ¬â¢ or shareholdersââ¬â¢ rights. It is trite law that the only plaintiff to a wrong done to a company is prima facie company itself and not its shareholders[14] except in instances where there is a fraud against shareholders or the acts complained of are illegal. The company has been held as having an independent legal corporate personality since it was first held in the case of Solomon v A Solomon & Co Ltd[15]. To emphasise this point, Lord Macnaghten said that it seemed impossible ââ¬Å"to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.[16] In this case, Solomon registered his company into a limited company under the Companies Act[17] which required a minimum of seven (7) members for incorporation. Solomon became the major shareholder with his wife and children holding a share each but the company ran into financial problems leaving no assets for the unsecured creditors on liquidation. Whilst the court of appeal held the company to be a ââ¬Ëshamââ¬â¢ and an alias, trustee or nominee for Solomon and that the transaction was contrary to the true intent of the Companies Act[18] the House of Lords reversed this decision and held that the company had been validly registered as required by the Act and hence had a separate legal personality from the shareholders. In arriving at this decision, Lord Macnaghten said that, ââ¬Å"The company is at law a different person altogether from the subscribersâ⬠¦Ã¢â¬ ¦.Nor are the subscribers, as members liable, in any shape or form, except to the extent and in the manner provided by the Act.â⬠This decision shows that the House of Lords identified that the important factor was the observance of the requirements and formalities of the Act which safeguarded the principles of limited liability and corporate personality.à To date, this is the correct interpretation of the Companyââ¬â¢s Act and it is important that the principle in maintained in the advancement of commerce. It should be noted here that the principle of corporate personality does not affect the company creditors to a large extent as far as the recovery of the debts is concerned. Following the decision in the Solomon case, Professor Gower has described a limited company as being ââ¬Ëopaque and impassableââ¬â¢[19], whilst on the other hand it was described as ââ¬Ëcalamitousââ¬â¢[20]. Some commentators suggest that courts have been more inclined to the maintenance of the sanctity of the separate legal integrity of a company and have resisted the common law resolution of ââ¬Å"peering under the skirts of a company to examine its linen (dirty or otherwise)â⬠[21] as can be observed from the numerous cases since the Solomon case. The foregoing shows the importance to commerce of the incorporation of a company as it allows for continuity of the business transactions despite any changes in the owners, administrators, directors or shareholders of the company. However, common law has in some exceptional instances ignored this principle in stances of abuse or fraudulent use of a sham corporate structure. The courts have ignored the corporate sham structure and peer behind the veil to identify the ââ¬Å"directing mind and willâ⬠that control the company and such intervention being termed as lifting the veil, cloak[22] or mask[23]. Whilst the courts have at times pierced the veil to benefit creditors when a company is placed under liquidation, there has been reluctance by the same courts to pierce the veil in instances which could have favourable results for shareholders.[24] 3.0à One-man Limited Companies The Council Directive 89/667[25] provides for the formation of one-man private companies hence moving away from the Joint Stock Companies Act 1856 requirements. This Directive highlights the advancement in commerce and as can be indentified from the Solomon case, Mr Solomon was the owner of the company and only registered the other six shares for his wife and children to fulfil the requirements of the Act. The company owner in these one-man corporations would in most instances also be the director in which case some unscrupulous individuals could escape liability for their own misconduct by holding assets in the name of the corporation. The courts are prepared to pierce the corporate veil in a one man company so as to be enabled to treat assets of the company as ââ¬Å"property held by the defendantsâ⬠were the company is held to be an alter ego of the owner.[26] However, the courts have shown that they are not prepared to pierce the corporate veil even in one-man limited companies as long as they are properly registered as required by the Act. In the case lee v Leeââ¬â¢sà Air Farming[27] mentioned above, Mr Lee incorporated Leeââ¬â¢s Farming Limited and was the director and controlling officer as an employee of the company. On his death in an air crush whilst on duty and the family claimed workersââ¬â¢ compensation. The court held that the company and Mr Lee were distinct and separate entities and hence Mr Lee was a worker in his own company. Hence we see here the courtââ¬â¢s upholding of the principle set down by the rule in Solomon v Solomon[28] which has remained controversial[29] with changing commercial activity and globalisation. The courts have been more willing to pierce the veil in one-man companies were the owner of the company is usually the controlling officer and does not deal with the company at armââ¬â¢s length. In the case of Wallersteiner v Moir[30], Lord Denning held that the subsidiaries were controlled by Dr Wallersteiner making them ââ¬Å"puppetsâ⬠which ââ¬Å"danced to his biddingâ⬠. Lord Denning is pointing out here that whilst the subsidiaries appeared to have a separate personality, they were in reality his agents or sham companies with no existence of their own and hence warranted the piercing of the veil. This principle of corporate personality as established in the Salomon case has been extended to groups companies which we shall look at below. 4.0à Group Companies Group companies comprise of the parent company with its subsidiaries carrying on their businesses not as a common enterprise or ââ¬Å"single economic unitâ⬠[31], though portraying it as such to the outside world. The principle of limited liability applies to the subsidiary companies so formed as they are registered companies under the Act and as such each has a separate legal personality to the parent company and hence can sue and be sued in their own right. The advantage of this arrangement to the group is that it limits liability to each subsidiary company in the group whilst sharing the group profits for the benefit of the group structure. Such group structures can lead to the parent company forming subsidiary companies to run its risky part of the business and hence insulating itself from liability in the event of the subsidiary company failing to meet its obligations to the creditors.[32] The effect of corporate personality in group companies is that each entity is legally independent and separate from other subsidiaries and the parent, hence each entity being liable for its own debts,[33] which affirms the Solomon principle. Lord Justice Slade said: ââ¬Å"Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entitiesâ⬠.[34] This is still the law and an affirmation of the principle in the Solomon case. In the case of Ord & Another v Belhaven Pubs Ltd,[35] the proprietors of a company which was in the business of acquiring old pub premises, doing them up and then letting them to tenants, duly let a renovated pub building to Ord. There had been misrepresentations made by the company as to the potential profitability of the premises which only came to light some time later. By the time Belhaven Pubs Ltd had ceased trading and could not meet its debts. Ord sought leave to substitute the parent company. The Court of Appeal held that the defendant company which had granted the lease was legitimate and had not been a mere faà §ade for the holding company and hence could not be substituted. This basic principle of separate legal identity has been re-affirmed more recently in the Court of Appeal decision in Adams v Cape Industries PLC[36]. In this case, the defendant company was a member of a corporate group with a UK parent company. The employees in its US subsidiaries were injured by inhaling asbestos dust and had successfully sued the subsidiaries in US courts. They applied to enforce judgement against the parent company arguing that Cape had been present in the USA through its subsidiaries as they formed a ââ¬Å"single economic unitâ⬠. The Court declined to pierce the corporate veil and held that the ââ¬Å"fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilitiesâ⬠¦Ã¢â¬ The principle in the case of Salomon was upheld on the basis that the subsidiary companies had been legitimately formed and hence were separate legal entities distinct from the parent company. 5.1à The Directing Mind A registered company is a separate and distinct legal entity, a body corporate[37] possessing rights and made subject to duties being able to sue and be sued in its own right. In the case of Lennardââ¬â¢s Carrying Co Ltd v Asiatic Petroleum Co. Ltd[38], the court held that, ââ¬Å"a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporationâ⬠¦..â⬠So we see here that the courts are willing to look behind the corporate veil as a matter of law so as to establish the directing officer behind the decisions and actions taken by the company. The directing mind of a corporation is the senior person whose authority is derived from the companys board of directors to perform the functions of the company as directed and for the benefit of the company.[39] In the course of business, such senior persons would then delegate their authority to other employees for the efficient running of the company in which case such employeesââ¬â¢ actions or inactions would be considered as those of the ââ¬Å"directing mindâ⬠. Lord Reid further went on to define the ââ¬Å"directing mind and willâ⬠of the company as the person who acts for the company as he acts as ââ¬Å"the company and his mind which directs his acts is the mind of the company.â⬠¦Ã¢â¬ ¦. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.â⬠[40] Therefore, this would mean that the ââ¬Å"directing mind and willâ⬠of the company is any employee who performs certain functions for the corporation as long as he has the authority to do so and does not act outside his mandate in which case he will be held personally liable[41]. In Williams and another v. Natural life health foods ltd and mistlin,[42] the case of a small one-person company, Sir Patrick Russell in his dissenting judgment pointed out that ââ¬Å"the managing director will almost inevitably be the one possessed of qualities essential to the functioning of the companyâ⬠, but that in itself does not mean that the director is willing to be personally liable to the companys customers. Therefore to convict a company, the court will go behind the status of the separate legal entity distinction so as to establish the ââ¬Å"directing mind and willâ⬠of the company controlling its activities[43]. However, it has been identified that the principle of limited liability can be subject to abuse and in the circumstances were there is statute will not provide justice or equity, the courts have in such exceptional circumstances disregarded the principle and held the shareholders or directors accountable for their decisions in the running of the company. The process in which the courts have disregarded the principle of limited liability is called ââ¬Å"piercing the corporate veilâ⬠which is the main discussion of this document. 5.2à Tortious Liability The company is vicariously liable for any torts committed by its employees or agents whilst acting in the course of the official duties and ââ¬Ëshall not be called into question on the ground of lack of capacityââ¬â¢[44] whilst the employee or agent remains the primary tortfeasor[45]. It is therefore clear that the ââ¬Å"directing mind and willâ⬠can sometimes be personally liable for torts, for which the company is also liable, for their fraudulent acts though done on behalf of the company. 4.3à Criminal Liability The Barrow Borough Council case is thought to be the first prosecution of a local authority for corporate manslaughter. To convict a company of corporate manslaughter, the prosecution must prove the companys conduct, which led to the deaths, was the conduct of a senior person in the companyââ¬âthe directing mind (also often referred to as the controlling mind). In practical terms, this means that for a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter. The difficulty with these cases, particularly against larger companies with layers of management, is proving a causal link between the conduct (or lack of it) of the directing mind and the incident that caused death. 6.0à The Corporate Veil The corporate veil is the curtain that legally separates the company from its shareholders hence holding the company as having a separate legal personality and limited liability. In curtailing any abuses of limited liability and the protection of creditors to both small and group companies, the courts have in certain instances, though reluctantly, looked behind the corporate veil to establish the true intent of the controlling officers of the company. The courts have in the rare circumstances ignored the corporate form and looked at the business realities of the situation so as to prevent the deliberate evasion of contractual obligations, to prevent fraud or other criminal activities and in the interest of public policy and morality. Piercing the corporate veil has not been complicated in one-man companies were the owner is usually the director and hence the controlling officer as compared to group companies which have a layered structure. The controlling officer[46] will be held liable and asked to account for his actions so that the company can fulfil its financial obligations to its creditors in the event of company insolvency. In the case of Royal Brunei Airlines v Tan[47] made clear. 6.1à Lifting the Corporate Veil The corporate veil is a curtain that shields company shareholders and directors from personal liability by the principle of limited liability in the event of the company being insolvent and unable to fulfil its obligations. The lifting of the corporate veil concept describes a legal decision where the limited company shareholders or directors are held liable for the debts or other liabilities of the corporation contrary to the principle of limited liability. Whilst there is strict liability legislation to prosecute erring limited companies for statutory offences but were there is insufficient statutory protection, the common law remedy of piercing of the corporate veil is imposed by the courts so as to put liability on the controlling officer (directing mind) of the corporation. However, the courts have been reluctant to rebut the principle of limited liability and only in exceptional circumstances have they been willing to pierce the corporate veil to establish the true facts. In this way, certain individuals or parent-companies responsible for the companyââ¬â¢s actions are held liable so at to account for their decisions as shareholders or directors. Generally, the UK corporate law holds that the shareholders, directors or parent-companies are not liable for corporate obligations of the companies or subsidiaries they control hence maintaining the principles of limited liability and separate legal corporate personality. The principles of separate legal personality and limited liability have been long recognised in English law[48] and that the shareholders or directors are not liable for the debts of the company as long as it is properly administered.[49] However, in exceptional circumstances[50], the courts have been prepared to look behind the company and establish the actions or inactions of the directors and shareholders using the process known as ââ¬Å"piercing the corporate veilâ⬠. Piercing the corporate veil is the process whereby the court ignores the principle of corporate personality and holds the shareholders or directors liable for their actions so that they meet the company obligations in their personal capacities.à The courts will pierce or the ââ¬Å"veilâ⬠were the corporate structure has been used as an instrument of fraud or to circumvert the law.[51] It has been argued that whilst the courts have used the doctrine of piercing the corporate veil though reluctantly, it is still not well understood leading to uncertainties in the legal process.[52] Some commentators have argued that the exceptional circumstances in which the courts have justified the piercing of the corporate veil is uncertain as evidenced by the number of contradictory decisions by the courts.[53]à Goulding[54] further argues that ââ¬Ëit is not possible to distil any single principle from the decided cases as to when the courts will lift the veilââ¬â¢ due to the diversity of the cases, though they are more willing in cases of extreme abuse.[55] In the leading case on this subject, Solomon v Solomon[56] discussed above, the House of Lords maintained that ââ¬Å"individuals could organise their affairs as they wanted and that if they chose to do so via incorporation they were entitled to the protection of limited liability as long as the incorporation was in accordance with the formal rules of the relevant legislationâ⬠. Though it is English trite law that the incorporation of a company protects the members from company liability by the principle of limited liability, there are both statutory and common law exceptions to the principle in cases of abuse of the corporate structure. 7.0à Statutory Exceptions Gower and Davies[57] argue that the courts are willing to lift the veil were statutory wording of a particular statute[58] is explicit as Parliament intended. The courts have resisted the temptation to pierce the veil because they consider it just to do so[59] though they are more willing in exceptional circumstances or were they feel that the shareholders or directors are concealing the true facts[60]. However, the courts have been reluctant to lift the veil were the statute does not specifically provide for it. There are various Acts which specifically provide for the lifting of the corporate veil and as such are strict and have to be followed. Following are a few examples of both civil and criminal liability imposed on limited companies. Companies Act 2006 sections 398 and 399 Group of companies Although each company is a separate legal person, section 399 (2) requires that the parent company prepares group accounts at the end of the financial year so as to ââ¬Å"give a true and fair view of the assets, liabilities, financial position and profit or lossâ⬠. This Act looks at the group of companies as a ââ¬Ësingle economic entityââ¬â¢ and in effect lifting the corporate veil which goes against the principles of corporate personality and limited liability.
Sunday, January 19, 2020
Summary of Oedipus Rex Essay -- essays papers
Summary of Oedipus Rex Summary for "Oedipus Rex" The storytelling method that is employed in most classical writing, i.e. the Iliad and the Odyssey as well as Greek tragedy, allows for the development of two stories. One is the story of the "now." The "now" is told through the actions and events of the play or story. The other story that is told is the "past." The "past" is composed of stories that are told by characters and gives needed background information about the main characters and events. In Oedipus Rex, the realization of Oedipus's tyrannous rise to power is the "now" story. The story of Oedipus's birth and placement in the world is the "past" story. Both of these stories are woven into the play and each holds a place in the overall telling of the story. The "now" story in Oedipus begins with the scene in front of the palace of Oedipus at Thebes. In this scene, we find out that Thebes is experiencing hard times. The citizens of Thebes have come to Oedipus to find a solution. He sorrowfully tells them that he can think of no solution to the problem, however, he has sent Creon to ask the god Apollo for help. Creon returns and has good news. Apollo has given him the knowledge to remove the pestilence that is in Thebes. Oedipus, along with the other citizens of Thebes, is very interested in this information. Creon tells that the only solution to the pestilence is to expel the murderer of Laius, the former king of Thebes. Once again there is an unanswered question. How to find the murderer of Laius? Oedipus and Creon's pondering of the situation results in only one lead. One of the men that accompanied Laius when he was murdered lived through the ordeal. He knows only that it was a group of robbers that murdered Laius, not a single man. Seeming to be stuck on this problem, Oedipus takes the advice of Creon and sends for the seer Teiresias. Teiresias arrives. He does not bring the same news that Creon brought. Creon brought hope but Teiresias brings mystery and fear. He refuses to divulge the answer to the question because he worries that the knowledge could bring more harm then good. Oedipus, at first, pleads with Teiresias to realize the information and then begins to threaten him. Eventually, Teiresias explains that Oedipus is guilty of the crime, and that Oedipus is the answer to the question. Oedipus, now outraged, accuses... .... He learned, instead, that he was fated to kill his father and lie with his mother. After hearing this, he fled. On his flight, he came to a crossroad in which a carriage of men shoved him from the road. He became angry and killed them all. Unknowingly, he had just killed Laius and fulfilled the prophecy of patricide both he and Laius had been given. The rest of Oedipus's history is just the completion of his abandonment and confirmation of his heritage. These come from the messenger and the herdsman. The messenger tells the tale of how he had received Oedipus in the mountains from another man and he had brought Oedipus to Polybus to raise. He told that Oedipus was not of Polybus's blood. The herdsman told how he was the agent that tied Jocasta's tale and the messenger's together. He was the man to whom Jocasta had given the baby Oedipus. He told how he could not abandon the baby in the mountains and thought that it would be safe to give the baby to a man from Corinth, the messe nger. With the completion of this tale Oedipus knew that he was the offspring of Jocasta and Laius and that all of the prophecies were true. He then proceeded to blind himself and live a life of a wanderer.
Saturday, January 11, 2020
Investigate a Type of Public Speech Such as Political Speech, School Assembilies Etc.
A political speech is a type of public speech; public speeches are usually prepared with the intentions of informing, influencing or entertaining an audience. The main purposes of a political speech are to transmit information among others, motivating people to act either for or against something or to tell a story. A good orator should be able to change peopleââ¬â¢s emotions and keep the audiences interest. For my language study I am analysing David Cameronââ¬â¢s speech to his campaigners in Brighton before the election 2010 because I thought it would be an interesting topic as it is in current news. Firstly, David Cameronââ¬â¢s excessive use of pauses is interesting. They seem to be the most used technique in the transcript, for instance David Cameron says ââ¬Ëweââ¬â¢ve got the ambition (1) to make this country great again (2) and as you go out there (1)ââ¬â¢ this shows that there are a lot of long pauses in just one utterance, a pause can sometimes be just a hesitation but in political speech is it more likely to be deliberate. It is an interesting technique because when the orator has paused, even if only for a second, it gives the audience a chance to reflect on what has been said and interpret the information said across in their own way. However, many people may not realise that whilst letting the utterance play on the audience minds it also gives the speaker the chance to develop and prepare in his head how he will express his next point to the crowd, the longer pauses in this particular transcript seem to be after every main point so the crowd will remember those points in particular when they come to vote. Secondly, David Cameron uses pragmatic phrases in his speech such as ââ¬Å"when we get knocked down we donââ¬â¢t roll over and die we get up and fight (1)â⬠pragmatic phrases are common in political speeches to create humour or to give what is being said a second interpretation, some people make take this point literally and think about the current wars in Afghanistan but others may think of it as a personal comment made directly to them to tell them that they should never give up on what they believe in and that they should always be determined. The purpose of the pragmatic phrase in this particular speech is probably to make the audience relate to the points being made and think that they can relate to the orator themselves. Another intriguing technique is the use of repetition in this speech, ââ¬Å"another day weââ¬â¢re not gripping our problems (1) another day we are wasting our opportunities (1) another day when this country is not being all that it could be (2)â⬠repetition in this utterance is powerful because it gives the speech more drama and make more of an impact and stick in the audiences minds for when it is really needed, at the polling station. The orator might choose to use repetition to make the speech easier to remember if he does not want to seem like he is reading off a sheet because a good orator needs to at least try and look like he is delivering it naturally because that is what the audience would want. Also, in the transcript quote above the main points are emphasised, words that are emphasised are more likely to be remembered because they are spoken louder and clear than all the others. . In political speeches, language is affected because it is slowed right down and is spoken more precisely, because in theory, a speech is a performance and you would want people to listen and not think, boring! A political speech is prepared, but that does not mean that the audience does not want a natural delivery, they would not want any false starts, that are seen in normal face-to-face conversations, because that would make the audience lose confidence in the speaker, also there is no slang unless that is the way the speaker wants to put the speech across. Generally, in political speeches politicians tend to use words that the audience donââ¬â¢t really understand, the audience might not like this because they feel that politiciansââ¬â¢ should talk in a way that every educational ability can understand and try not to diverge away from them, however thatââ¬â¢s what is so interesting in this speech is the lack of political jargon, i would have thought there would have been a lot. However, i realise that the orator may not want to speak in political jargon because he may want to act like one of the public and speak in a way they are more likely to understand because if the audience understands the pitch they are more likely to vote for the one they actually know what was said. The delivery of a speech welcomes peoples own interpretations and opinions, and politics is all about opinions.
Friday, January 3, 2020
Post Traumatic Stress Disorder ( Ptsd ) - 1312 Words
Justin Terhune English Composition Instructor Coleman 30th June 2015 #22 a day 2015Across the US, it is estimated that 22 veterans commit suicide a day. This is a shocking and disturbing number. And what is even more alarming is that this statistic doesnââ¬â¢t include active-duty members. Between January and March of this year 75 active-duty Soldiers have taken their own life. These numbers are from the Pentagonââ¬â¢s quarterly Suicide Event Report. Veterans are returning from an active combat theater and taking their own lives at an alarming rate. Why are so many soldiers committing suicide? There is no real definitive answer on why there has been such a spike in soldierââ¬â¢s suicide. The Pentagon believes that one underlining factor is PTSD, in conjunction to having experienced a TBI. PTSD is an acronym for Post Traumatic Stress Disorder, and TBI is Traumatic Brain Injury. PTSD has only been accepted and researched in depth for the past thirty years. It came to light five years after the last American boot was withdrawn from Vietnam. During the Vietnam-era, the doctors and their staff were unprepared for the influx of veterans returning from an active theater. They never took an account of their combat experience when the veteran was hospitalized, they didnââ¬â¢t do it for the WWII, or Korean War vets either. A lot of the Psychology and Psychiatric trainees were drafted for the war as well. While the PTSD diagnostic was still in the infancy stages, there reallyShow MoreRelatedPost Traumatic Stress Disorder ( Ptsd )990 Words à |à 4 PagesPost-Traumatic Stress Disorder Post-traumatic stress disorder is a common anxiety disorder characterized by chronic physical arousal, recurrent unwanted thoughts and images of the traumatic event, and avoidance of things that can call the traumatic event into mind (Schacter, Gilbert, Wegner, Nock, 2014). About 7 percent of Americans suffer from PTSD. Family members of victims can also develop PTSD and it can occur in people of any age. The diagnosis for PTSD requires one or more symptoms to beRead MorePost Traumatic Stress Disorder ( Ptsd )1471 Words à |à 6 PagesRunning head: POST-TRAUMATIC STRESS DISORDER 1 Post-Traumatic Stress Disorder Studentââ¬â¢s Name Course Title School Name April 12, 2017 Post-Traumatic Stress Disorder Post-traumatic stress disorder is a mental disorder that many people are facing every day, and it appears to become more prevalent. This disorder is mainly caused by going through or experiencing a traumatic event, and its risk of may be increased by issuesRead MorePost Traumatic Stress Disorder ( Ptsd ) Essay1401 Words à |à 6 PagesAccording to the Mayo-Clinic Post Traumatic Stress Disorder, commonly known as PTSD is defined as ââ¬Å"Post-traumatic stress disorder (PTSD) is a mental health condition that s triggered by a terrifying event ââ¬â either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts about the eventâ⬠(Mayo Clinic Staff, 2014). Post Traumatic Stress disorder can prevent one from living a normal, healthy life. In 2014, Chris Kyle playedRead MorePost Traumatic Stress Disorder ( Ptsd )1198 Words à |à 5 Pages Post-traumatic stress disorder(PTSD) is a mental illness that is triggered by witnessing or experiencing a traumatic event. ââ¬Å"PTSD was first brought to public attention in relation to war veterans, but it can result from a variety of traumatic incidents, such as mugging, rape, torture, being kidnapped or held captive, child abuse, car accidents, train wrecks, plane crashes, bombings, or natural disasters such as floods or earthquakes(NIMH,2015).â⬠PTSD is recognized as a psychobiological mentalRead MorePost Traumatic Stress Disorder ( Ptsd )1423 Words à |à 6 Pages Mental diseases and disorders have been around since humans have been inhabiting earth. The field of science tasked with diagnosing and treating these disorders is something that is always evolving. One of the most prevalent disorders in our society but has only recently been acknowledged is Post Traumatic Stress Disorder (PTSD). Proper and professional diagnosis and definitions of PTSD was first introduced by the American Psychiatric Association(APA) in the third edition of the Diagnostic andRead MorePost Traumatic Stress Disorder ( Ptsd ) Essay1162 Words à |à 5 PagesSocial Identity, Groups, and PTSD In 1980, Post Traumatic Stress Disorder (PTSD,) was officially categorized as a mental disorder even though after three decades it is still seen as controversial. The controversy is mainly founded around the relationship between post-traumatic stress (PTS) and politics. The author believes that a group level analysis will assist in understanding the contradictory positions in the debate of whether or not PTSD is a true disorder. The literature regarding this topicRead MorePost Traumatic Stress Disorder ( Ptsd ) Essay1550 Words à |à 7 PagesPost Traumatic Stress Disorder ââ¬Å"PTSD is a disorder that develops in certain people who have experienced a shocking, traumatic, or dangerous eventâ⬠(National Institute of Mental Health). Post Traumatic Stress Disorder (PTSD) has always existed, PTSD was once considered a psychological condition of combat veterans who were ââ¬Å"shockedâ⬠by and unable to face their experiences on the battlefield. Much of the general public and many mental health professionals doubted whether PTSD was a true disorder (NIMH)Read MorePost Traumatic Stress Disorder ( Ptsd )944 Words à |à 4 Pageswith Post-traumatic stress disorder (PTSD Stats). Post-Traumatic Stress Disorder is a mental disorder common found in veterans who came back from war. We can express our appreciation to our veterans by creating more support programs, help them go back to what they enjoy the most, and let them know we view them as a human not a disgrace. According to the National Care of PTSD, a government created program, published an article and provides the basic definition and common symptoms of PTSD. Post-traumaticRead MorePost Traumatic Stress Disorder ( Ptsd )1780 Words à |à 8 Pagesmental illnesses. One such illness is post-traumatic stress disorder (PTSD). Post-traumatic stress disorder is a mental illness that affects a personââ¬â¢s sympathetic nervous system response. A more common name for this response is the fight or flight response. In a person not affected by post-traumatic stress disorder this response activates only in times of great stress or life threatening situations. ââ¬Å"If the fight or flight is successful, the traumatic stress will usually be released or dissipatedRead MorePost Traumatic Stress Disorder ( Ptsd )1444 Words à |à 6 PagesYim ââ¬â Human Stress 2 December 2014 PTSD in War Veterans Post Traumatic Stress Disorder (PTSD) is a condition that is fairly common with individuals that have experienced trauma, especially war veterans. One in five war veterans that have done service in the Iraq or Afghanistan war are diagnosed with PTSD. My group decided to focus on PTSD in war veterans because it is still a controversial part of stressful circumstances that needs further discussion. The lifetime prevalence of PTSD amongst war
Subscribe to:
Posts (Atom)