Wednesday, February 26, 2020

German Legal System Essay Example | Topics and Well Written Essays - 1250 words

German Legal System - Essay Example The move toward political unification in the 19th century was accompanied by a trend toward legal unification, particularly in commercial matters. In other areas of law, however, the prerogatives of each political entity still governed and only after the attainment of political unification under Prussian dominance in 1871 were a start made on drawing up German legal codes (Berle & Means, 2005). Moreover, the impact of Nazi ideology was greatest on the Criminal Code and the Code of Criminal Procedure. This is because, the Code of Criminal Procedure was distorted almost beyond recognition by the activities of the Nazi-inspired People's Court, in which those convicted of crimes against the state were often sentenced to death (Berle & Means, 2005). The Law on the Reform of Civil Procedure was adopted on 27 July 2001 was the main issue within the Germany legal system in early 21st century. This reforms were designed to prepare the German judiciary for the 21st century against the background of scarce financial and personnel means, the overall goal of the reform law was to enhance efficiency and transparency by reducing the duration of civil proceedings while at the same time maintaining the high level of legal protection traditionally offered by German courts (Berle & Means, 2005). Yes there is room for improvement. The Law on the Reform of Civil Procedure can be strengthened on the issue the proceedings at first instance. The role of the first instance in general can be enlarged by limiting the standard of review at second instance (Berle & Means, 2005). Qn.2 My attitude to pre-contractual negotiations and discussions differ in 3 jurisdictions, in regard to legal responsibilities in each country (Australia, china and Germany) because the differences approaches applied pre-contractual negotiations and discussions can be explained by historical or cultural factors. This is because the laws relating to pre-contractual negotiations and discussions originate from specific historical or cultural factors of the country they are applicable. Qn.3 In Germany, a supervisory board not only has the power of supervising the board of directors and company operation, but also of supervising the financial affairs of the corporation and making business decisions to a certain extent (Berle & Means, 2005).The supervisory board has the duty of submitting their work reports to the supervisory board. In such a case, the supervisory board is not only the supervisory institution but also the decision-making institution of the corporation and has authority over the board of directors. In china, according to the Company Law, the shareholders' meeting has the authority of electing both directors and supervisors of a company whereby the boards are obliged to submit their reports to the shareholders' meeting for review and approval (Berle & Means, 2005). A supervisory board should have no less than three members and among them there should be a proper proportion of employee representatives. Unlike the German practice where the proportion of employee representatives is stipulated by law, the Chinese law leaves this to the articles of association of a company (Berle & Means, 2005). Australia should introduce supervisory board into its legal system. This is due to the fact that, in the modern global economy, competition exists not only in products but also in corporate governance systems. Therefore, reviewing Australia's current corporate

Monday, February 10, 2020

Burkes Key Ideas in Shelleys Work Essay Example | Topics and Well Written Essays - 1250 words

Burkes Key Ideas in Shelleys Work - Essay Example Similarly pleasure is something, which can be created from void, which can felt by its own origin or by the serenity of observing and sensing small and delicate joys. Pain can be visualized as it exists from 'nothing' but infinity. That infinity which resides deep inside human soul, and can only be felt by going through different channels of exploration, these channels actually reside within human existence and it is only possible to activate these channels, if one is aware how it feels to investigate things. How to feel fear, how to feel pain, and similarly how to overcome pain with pleasure. This obscurity can be identified in P.B. Shelley's work as it is the human mind, which creates obscurity, which creates and even beautifies its creation, sometimes in small and tiny things, those things that are often assumed as 'meaningless' to the world, might be of great importance to someone's imagination. It is actually what one perceives, how he perceives and in which way he perceives The refore, the vastness lies not in the nature, as a matter of fact the nature is still, possess some kind of serenity, but it lies within the limitations we set to our imagination. To some people nature has its own language, own way of conveying messages. Messages that can be understood not by everyone, but only those who know the way of feeling things, things that bring small joys, small delicacies with small breezes of tranquility. It is the silence of the nature, which can be felt, vastness lies within us, within our perception. Shelley has used the word 'dark' and 'glittering', so the abstract is our imagination, which leads to our approach in identification. It is the imaginative dilemma through which we can judge the degree of obscurity of our human nature. Our nature when compared to the 'landscape' reveals many hidden aspects to us. Like, the natural beauty or we can say the natural landscapes, is austere to human. It entirely depends upon us to how we take perception of it. E ither we feel it obscure, beautiful or we feel a painful experience. If we regard it as beautiful, to what extent we are skeptical about it, and how we are affected physically by the nature of its awesomeness. To Burke the concept of 'sublime' is the most powerful and effective degree of human experience, which can be felt by the natural factors of fear, pain and joy. A particular feeling of passion, which is caused by the sublime, leads human towards darkness or light. These conditions always exist in their true forms; they are pure without any obstacles of external environmental factors. Their purity can be assessed by the fact as to what extent they occupy the mind when they are present in any form. The same influence can be seen in Shelley's 'Mont Blanc' part 2 as 'My own, my human mind, which passively Now renders and receives fast influencings, Holding an unremitting interchange With the clear universe of things around;' -Percy Bysshe Shelley So, the influences when intercept themselves with clarity or obscurity, they have a strong influence on human mind or a strong hold on human mind. That influence can be seen in its highest form in the presence of pain or fear. Pain is more influential than