Definition of Dime Novel

A dime novel was a cheap and generally sensational tale of adventure sold as popular entertainment in the 1800s. Dime novels can be considered the paperback books of their day, and they often featured tales of mountain men, explorers, soldiers, detectives, or Indian fighters. Despite their name, the dime novels generally cost less than ten cents, with many actually selling for a nickel. The most popular publisher was the firm of Beadle and Adams of New York City. The heyday of the dime novel was from the 1860s to the 1890s, when their popularity was eclipsed by pulp magazines featuring similar tales of adventure. Critics of dime novels often denounced them as immoral, perhaps because of violent content. But the books themselves actually tended to reinforce conventional values of the time such as patriotism, bravery, self-reliance, and American nationalism. Origin of the Dime Novel Cheap literature had been produced in the early 1800s, but the creator of the dime novel is generally accepted to be Erastus Beadle, a printer who had published magazines in Buffalo, New York. Beadles brother Irwin had been selling sheet music, and he and Erastus tried selling books of songs for ten cents. The music books became popular, and they sense there was a market for other cheap books. In 1860 the Beadle brothers, who had set up shop in New York City, published a novel, Malaeska, The Indian Wife of White Hunters, by a popular writer for womens magazines, Ann Stephens. The book sold well, and the Beadles began to steadily publish novels by other authors. The Beadles added a partner, Robert Adams, and the publishing firm of Beadle and Adams became known as the foremost publisher of dime novels. Dime novels were not originally intended to present a new type of writing. At the outset, the innovation was simply in the method and distribution of the books. The books were printed with paper covers, which were cheaper to produce than traditional leather bindings. And as the books were lighter, they could easily be sent through the mails, which opened up great opportunity for mail-order sales. Its not a coincidence that dime novels became suddenly popular in the early 1860s, during the years of the Civil War. The books were easily to stow in a soldiers knapsack, and would have been very popular reading material in the camps of Union soldiers. The Style of the Dime Novel Over time the dime novel began to take on a distinct style. Tales of adventure often dominated, and dime novels might feature, as their central characters, folk heroes such as Daniel Boone and Kit Carson. The writer Ned Buntline popularized the exploits of Buffalo Bill Cody in an extremely popular series of dime novels. While dime novels were often condemned, they actually tended to present tales which were moralistic. The bad guys tended to be captured and punished, and the good guys exhibited commendable traits, such as bravery, chivalry, and patriotism. Though the peak of the dime novel is generally considered to be in the late 1800s, some versions of the genre existed into the early decades of the 20th century. The dime novel was eventually replaced as cheap entertainment and by new forms of storytelling, especially the radio, movies, and eventually television.

Counter Guerrilla Based Strategies - Free Essay Example

Sample details Pages: 6 Words: 1927 Downloads: 6 Date added: 2017/06/26 Category Business Essay Type Analytical essay Did you like this example? Since the end of the Second World War in 1945, there have been 39 asymmetric or insurgency based conflicts around the world, four of which are ongoing today. In most of these cases, the insurgents have been victorious over a western or local power. During counterinsurgency operations, there are usually two groups which the factors leading to western counterinsurgency operation failure, these are, political or military reasons. This essay will firstly look at the difference between the terms insurgency and guerrilla. Secondly, look at two main counterinsurgency tactics and why for western nation especially, they are hard to counter. Thirdly, look at three other factors that are unique to western nations, that also make it hard to counter guerrilla based strategies. According to Field Manual 3-24, the US Joint Publication on Counterinsurgency Operations, insurgency â€Å"is an internal threat that uses subversion and violence to reach political ends. Conversely, counter insurgents seek to defeat insurgents and address core grievances to prevent insurgencys expansion or regeneration. Typically the insurgents will solicit or be offered some type of support from state or non-state actors, which can include transnational terrorists who take advantage of the situation for their own benefit.† Whereas, guerrilla warfare is â€Å"small groups of combatants using military tactics, such as ambushes, sabotage, raids, the element of surprise, and extraordinary mobility to harass a larger and less-mobile traditional army, or strike a vulnerable target, and withdraw almost immediately.† So in short, insurgency is the overall movement or struggle that the group is following, and guerrilla warfare is the tactics that they are using to accomplish their aims. The first of these tactics and the most important is hearts and minds. This is the tactic used to win over the hearts and minds of the local population, hence the name. For counterinsurgency to even have a chance at being successful this must be the first goal of both the nations government and more increasingly over the latter part of the twentieth century, any nation intervening in that country. Whilst it can be said that the government will have the support of the people once the conflicts is over for protecting them, it is vital to have the local populations hearts and minds for western countries to operate so that they have a willing population to assist them. The Vietnam War exhibited this when for most; the US did have the support of the South Vietnamese locals it was easier for them, but found it almost impossible when they did not. However, ‘hearts and minds of the locals are incredibly volatile and the actions of the counterinsurgents may at times lose them the hearts and minds battle. This is a double-edged sword. As Bart Schuurman stated in his article,   â€Å"Although FM 3-24 rightly recognises the risk of soldiers using too much force in c onflicts where gaining public support is tantamount to victory, there is also a danger that too strong an emphasis on ‘hearts and minds will impede on military effectiveness.† Therefore, the military must find that happy medium to ensure that that the locals safety is maintained, but also that the military objectives are also being completed. Explained in FM 3-24, the legitimacy of both the government and any assisting nations, if applicable is paramount as â€Å"The primary objective of any COIN [Counterinsurgency] operation is to foster development of effective governance by a legitimate government. Counterinsurgents achieve this objective by undertaking appropriate actions and striving for a balanced application of both military and non-military means as dictated by the situation.† Thus, the ability to retain the support of the local population is necessary to ensure the ultimate goal of the operation succeeds. There are two conflicts after the Vietnam War where ‘hearts and minds was first used that have shown that if a western power contradicts this, failure overall is more likely, if not, it is severely harder to achieve success, these being the conflict in Somali and then in Afghanistan, both by the US. In Somalia, it was the objective of the US to kill or capture the warlord, Mohammad Aidid rather than to secure Mogadishu and the win over the local population. Their efforts to kill Aidid left a trail of destruction and casualties, both civilian and insurgents, thus losing all support of the local population, not only for the US, but also for the entire UN operation, even though they were not acting on behalf of the UN. The second conflict is the 2001 ‘war on terror, specifically in Afghanistan, which is still ongoing. Though the failure win over the ‘hearts and minds of the locals is not the absolute case here, it has led the conflict to last for almost a decade so far. The oversight this time is again similar t o that of Somalia, the policy of the US is counter-terrorism, and the NATO policy is to rebuild Afghanistan into a functioning state. These two policies contradict each other and thus the mandate of the US is to seek and destroy, like in Somalia, and the mandate of NATO is to rebuild the state of Afghanistan. Though this has not led to failure in the attempts, it has led to a drawn out conflict. So the need for a nation, western or not to gain the ‘hearts and minds of the local population is integral to the success of the counterinsurgency operation, without it, it is almost impossible to succeed. The second main tactic that western nations use for counterinsurgency is population control. This is because insurgents rely upon their ability to blend in with the local population allowing them to move freely and conduct their operations easily. Along with this, many also rely upon the local population for both food and water and recruits. Therefore, the ultimate goal of populat ion control is to isolate the insurgents from the local population. There two usual methods of conducting this, the first of these is to move a force into the insurgent controlled area and push out the insurgents, without harming innocent civilians and maintaining the ‘hearts and minds approach. Once achieved, measures of control need to ensure that the insurgents are restricted from returning, so control of the area is required. The second is the physical control of the local population to prevent access to the insurgents; however, this contradicts the ‘hearts and minds approach so is used rarely. Australian forces used the latter of the two during the Malayan Emergency (1948-1960), with success. It was a requirement for all to carry an ID card that had both their fingerprint and photo on it. This led to the communists abandoning their original plan and then to continual fights with each other over how to counter this method of population control. â€Å"movement contro l, widespread interrogations and censuses† have also been utilised in the past with mixed results. It was David Gaula that commented on this, â€Å"while the population may resent some of these measures, they are necessary in order to protect the people, to gain their trust, and to discern the insurgents and their political agents.† It is only once the local population is free from insurgents can the ‘hearts and minds approach work to its full potential. There are three factors; among others that do not relate specifically to a certain tactic, but do have a bearing on the success of counterinsurgency operations by western nations. The first of these factors that leads to the recurring failure in is the use of technology. Western nations are countless times more powerful and wealthy compared to the insurgent force and yet the insurgents in Iraq and Afghanistan now are â€Å"often armed with little more than Kalashnikovs, simple RPGs, and relatively unsophistica ted homemade explosives† are able to withstand the western nations operations against them. According to Jeffery Record, a nations â€Å"infatuation with the perfection of military means can cause the user to ignore the political purpose on behalf of which those means are being employed.† So applying this to the western nations, through the perfection of military mean, this being tactics and weapons, they lose track of the reasons why they are there and this leads to a breakdown of structure and a target for the insurgents to attack a ‘hearts and minds campaign. The second factor is the western nations politicians. Firstly that many of them lack the knowledge or experience of how the military works and this according to Todd Sechser,†has led to an increase in the support for armed intervention to solve insurgency in whatever from.† Secondly, the politicians believe in the body bag syndrome, that being that the citizens of the western nation will not accept great numbers of casualties in a conflict that they have nothing at stake in or that they understand and believe in. These two situations cause the politicians at first to favour military intervention, but once it has started, they refuse to accept the number of casualties because they fear that the public will not re-elect them because they supported this conflict that cost so many lives. The third factor is the training and doctrine of the western nations themselves. Since the end of the Second World War, warfare has shifted from conventional to asymmetric warfare, but the western nations have not shifted their doctrine. â€Å"A prominent criticism of western armed forces is that they have been trained, structured, and equipped to the obsolete concept of large-scale conventional warfare† which has resulted in two failures for western nations. Firstly for some, the deterrent of nuclear weapons does not work as there is no application for the use of nuclear weapons that can ensure that only insurgents are killed, this is the same with high explosive conventional weapons and even laser guided bombs, there is no way in killing only insurgents. So consequently, troops on the ground have to deal with insurgents that are near local populations so that collateral damage does not harm the work done by the ‘hearts and minds approach leading to a greater risk on soldiers lives. Post 1945, the spectrum of warfare has shifted from conventional wars to asymmetric conflicts usually with in another country by insurgents using guerrilla tactics. Insurgency is a growing movement and the guerrilla tactics of, raids, explosives, sabotage and ambushes among others are growing in effectiveness against western nations intervening in these conflicts. As such, there have been 39 insurgency-based conflicts in this period and over half of the western power has been defeated even with a clear superiority of the insurgents. This is because of a number of reaso ns, firstly, to gain the support of the local population, the counterinsurgents have to either take a ‘hearts and minds in order to discover locate the insurgents through assistance from the local population, or use population control to discover the identity of the insurgents by placing restrictions on the local population. These are just two tactics that western nation can use to fight insurgents. These do not work effectively as is liked most of the time, for any action that the local populations perceive as wrong, affects all the work that the counterinsurgents have made regardless of whether the actions was for the protection of the locals. There are also the political and other factors that indirectly lead to the failures as well. These include, the western nations obsession with technology and always having the best, regardless if they can use it or not. As well as how the politicians perceive the military and how the politicians expect the military to conduct the count erinsurgency operation and finally how conventional warfare doctrine and training is used. Don’t waste time! Our writers will create an original "Counter Guerrilla Based Strategies" essay for you Create order

Insolvency in anglo american law Free Essays

string(127) " this type is trade creditors who are so â€Å"uninformed that they systematically undercharge for the extension of credit† ii\." Introduction A. General 1.The concept of security There are many attempts to define â€Å"security†, but this concept varies in different countries, and even in different fields of economic and financial activity. We will write a custom essay sample on Insolvency in anglo american law or any similar topic only for you Order Now Simply put, it can be understood that â€Å"security† is originated from the instinctive fear of risk of financiers. It is similar to a guarantee that someone’s investment, at least, will not make him loose more than what he expects to gain. As clarified by Professor Goode, the concept of security depends on concepts of ownership and possession; it â€Å"involves the grant of a right in an asset which the grantor owns or in which he has an interest†. ‘Security’ is not officially defined under English law. Its scope has to be drawn from judicial interpretations. Pursuant to the judgment of Re Paramount Airways Ltd, security is defined as â€Å"created where a person (the creditor) obtains rights exercisable against some property in which the debtor has an interest in order to enforce the discharge of the debtor’s obligation to the creditor.†However, this definition is not fixed. The problem of lacking an official definition results in some uncertainties in regulating secured credit under English law. Under American law, in contrast, ‘security interest’ is clearly defined as â€Å"an interest in personal property that secures either payment of money or the performance of an obligation†. The functional approach in secured transaction under American legislations is preferred than the formal approach under English law. There are two main types of security which are fixed and floating charges. A fixed charge is defined as â€Å"a charge or mortgage secured on particular property, such as land and buildings; and intellectual property such as copyrights, patents, trade marks. A floating charge is an equitable charge on assets which can continued to be traded from time to time without the reacceptance of the mortgagee.Between these two, floating charge is used more commonly. 2.The purpose of taking security According to Professor McCormack, there are several reasons of taking security. Firstly, security will give priority to a creditor over other unsecured ones in the event of insolvency. According to a survey by the Society of Practitioners of Insolvency, about 75% unsecured creditor received nothing after asset distribution. Suggested from the definition of insolvency, which is a situation that a company loses its ability to pay all of its creditors, priority in insolvency proceedings is very important. Another reason is that a creditor who takes security will have more control on the lent assets as well as insolvency proceedings. The regime in England under the Enterprise Act 2002 allows a floating charge’s holder to appoint an administrator, whose duty is to ensure a certain share of the insolvent company’s assets for the benefit of such holder. This type of â€Å"self-help† remains controversial. It is criticized a lots as such control is too substantial. Last but not least, the taking of security is regarded as useful to reduce the cost of investigation into the debtor’s financial situation. Professor Buckley called such costs the â€Å"screening costs†.According to his arguments, as the borrower has to reveal information to the lender so as to ensure that it is financially able to take the loan, a securely informed creditor will benefit from avoiding more risk in the market. Such information, in insolvency proceedings, will aid in determining the debtor’s creditworthiness and anticipated bankruptcy value. Sub-conclusion: To sum up, security plays a significant role in financial activities of companies. It gives both the borrowers and the lenders benefits which are crucial in their transactions’ decisions. However, from the perspectives of a unsecured creditor, the ability of taking security by some creditors results in their higher possibility of receiving nothing in return in the event of insolvency. This essay will discuss such misallocation of resources to the unsecured creditors and examine the reform proposal to solve these problems in 2 main parts respectively. At the end, a conclusion will be drawn that although security causes troubles to non-consensual creditors, any reform needs to be taken with a lot of considerations on the method and in the system as a whole. B. Problems caused by security 1. Problems of misallocating resources Lynn LoPucki, in his analysis, has demonstrated that most unsecured creditors are given such status against their will and awareness. Therefore, it is unfair when they are given even less than what they can gain because of the security’s usage. By taking securities, the secured creditors, with all the control and benefits as examined above, may take a substantial part of the debtor’s assets. The unsecured creditors, who usually outnumber the secured ones but only receive a much smaller part of the insolvent’s resources. Although the basic principle of insolvency law is â€Å"equality of misery†, many people are forced to be more miserable than others. In order to detect a solution for this matter, this part is illustrated in 2 smaller parts, the first deals with the classification of unsecured creditors and the second discusses the problem in allocating the debtor’s resources. a. Types of unsecured creditors There are three types of unsecured creditors, depending on their reaction to such status: uninformed creditors, voluntary creditors and involuntary creditors. Each category is suffered different problems caused by security to their group. i.Uninformed Creditors Uninformed creditors are those who accept the status of unsecured creditors despite their acknowledge of the debtor’s situation because they do not properly estimate the risk they are about to take. These creditors are similar to voluntary creditor because they know the situation before making their decision of invest into such debtors. But they are also similar to involuntary creditors because if they had known the â€Å"true state of the law and the debtor’s finances when they made the fatal decision to extend credit (or not to withdraw from an extension already made), [they] would have decided differently.†Their consent, therefore, is not meaningful due to the lack of true understanding of what they are consent to. The example for this type is trade creditors who are so â€Å"uninformed that they systematically undercharge for the extension of credit† ii. Voluntary Creditors Examples of voluntary creditors are employees and customers. Employees: In case employees’ wages are not paid, they become creditors of their employer. The missing of payment by an employer serves as the most alarming precaution of its financial situation to the employees. However, as stated by Buckley, â€Å"claims for unpaid wages are not substantial in most bankruptcies [†¦] because few employers are willing to risk work stoppages by gambling with unpaid wages.† Customers: Customers are also classified as voluntary creditors of a retailer in case they have warranty claims. In certain cases, the prices they are willing to pay may reflect their ability to foresee the default. Therefore, customers become creditors only if they have proper reaction to such foreseen possibility. iii. Involuntary Creditors It is estimated in a study by Sullivan, Warren, and Westbrook that 23% of unsecured creditors filling bankruptcy under Chapter 7 and 13 of the Bankruptcy Code was involuntary creditors. This category includes governmental claimants (tax agencies, pension agencies), tort victims, environmental agencies, utility companies. We will now examine the first two examples of this type. Governmental claims: A company has many governmental responsibilities. This is shown by its duty in many tax related activities ranging from corporate taxes to employees’ income taxes. Moreover, it may have to be involved in some social security program. Thus, in the event of insolvency, it may become debtors of several state entities. And in common cases, the governmental claims will not consent to be under the status of creditors because it is likely that they will gain nothing due to the unsecured characteristic of debts the company owed to them. Tort claims: Tort victims are regarded to be the most typical kind of involuntary creditors. As indicated by a study of Manville Corporation cases, the company’s book value when it filed for insolvency was only $1.2 billion book value, while its tort liability was $1.9 billion is in asbestos-related claims. It is common that tort claimants do not agree with their unsecured creditor status. In many cases, they even do not agree to be creditor if it is not because of wrongful acts by the debtor violating their rights and benefits. Such wrongful acts may ranging from harmful business acts (negligence, interference,†¦) to infringement of intellectual property rights However, the insolvency law has not treated them with sufficient priority over other creditors (especially secured creditors). b. Problems In the context of this essay, we will discuss the influences of consent-based theory in examining the problems of involuntary and uninformed creditors. It may be argued that to identify the direct consequences of the lack of consent of a creditor when involving in a company’s business is not always easy. Brian Mccall has illustrated an example where a supplier sell inventory on credit to a buyer. The buyer then sells the inventory and uses the proceeds to pay a bill instead of paying the supplierAs a result, the supplier becomes an non-consensual creditors as resources are misallocated without his consent. Mccal concluded that this can happen because the supplier does not have the general right to consent to every action of the buyer that has an effect on him. However, that problem should not preclude the idea of fairness and sympathy for unsecured creditors, which is basis for the argument of consent-based theory. The theory provides that it is a violation in taking away the right to payment of creditors who are not consent to such status. By granting security for some creditors, a debtor affects the shares in the asset pool of other involuntary and uninformed creditors. Followers of this theory emphasized that there should not be any distinction between secured and unsecured creditors because both types are entitled to receive their and only their proportional distributions of their respective debts Any priority to one group will result in an â€Å"unjust† distribution to the other. We will now analysis the problems resulted by security which are challenging unsecured creditors. i. Involuntary creditors In his work, Lynn LoPucki has explained why security is used despite the fact that a major of creditors does not agree with it. The relationship, after using security, between the debtor, the secured creditors and the unsecured ones is indicated as a contract where the first two agree with each other that the last will gain nothing. Therefore, security is widely used because of two parallel stimulations: no one wants to be in the situation of an unsecured creditor whose value in the debtor’s asset is contracted to expropriate for others; and, a debtor also wants to take benefits from â€Å"selling secured status to its voluntary creditors†. This problem threatens the right to payment of tort victims most. They clearly do not give their consent to the unsecured creditor status as well as the granting of security for other creditors. However, instead of giving them some priority as usual in tort judgement, the introduction of security to insolvency proceedings reduce their chance of receiving exposure to the debtor’s tort liability. This issue is originated from an argument that the consent of the unsecured creditor – the third party, on the contract – the granted security, between the debtor and the secured creditors, is â€Å"implied†. Such argument, according to Lopucki, is â€Å"not likely to save the institution of security†. It is also argued that it is a principle in economic theory that tort victims should be fully compensated. In regulating the issue of security, legislators who allow its use may not necessarily decide that by granting security, a company can limit or eliminate the exposure to tort liability. Where a company can give full compensation to its tort victims, it should do so â€Å"to the full extent of their wealth†. ii. Uninformed creditors Sympathy should also be given to creditors who do not really understand the meaning and consequence of their consent when voluntarily entering in insolvency proceedings. It is not a â€Å"meaningful consent† because they would not agree with their status and extend credit if they are well-informed to proper estimate the risk of debtor’s business. It may be reasoned that the system should not be changed for the benefit of uninformed creditors because they are responsible for their own decision. Also, some security-supporter may consider that the harm caused to uninformed creditors is â€Å"slight†. However, it is not unreasonable that a substantial number of creditors do not really know what trouble they are falling into due to the complexity of the insolvency regime. Taking Art. 9 of the UCC, which govern insolvency matter in American system, as an example, Lynn LoPucki regards it as â€Å"highly complex, unintuitive, and notoriously deceptive†. Many creditors are small business. Thus, they have to struggle in understanding the principles provided under Art. 9 because they may not afford qualified lawyers. Moreover, this Article is clearly in favor of creditors who are secured and have full knowledge in respect of the company’s financial situation. It becomes easier for them to win in the filing â€Å"race† of insolvency proceedings in spite of the fact that in certain cases, their loans are not justified; or even despite a founded principle to protect legitimate expectations of other creditors. For the purpose of further analysis, uninformed creditors are grouped with involuntary creditors to be referred to as non-consensual creditors. 2. The efficiency of secured credit According to Steven Schwarcz, there are two types of efficiency of secured credit. The first one is where the taking of security ensures the benefit of both secured and unsecured creditors by increase the debtor’s value to cover both types of debt. The second one focus on the harm to unsecured creditors, which is acceptable if it â€Å"does not exceed the benefit to the debtor and the secured creditor†. However, it is unlikely that secured credit can achieve either types of efficiency. The debate over whether secured credit is efficient is triggered by an article by Professors Jackson and Kronman, in which they argued that it is so. Subsequently, many scholars approved this argument by indicating the economic benefits of secured credit such as lowering screening costs or giving more control and benefits to secured creditors. These are the purpose of taking secured status in transactions, which has been analysed in details above (section A(2)). In contrast, David Carlson casted doubts on the efficiency of secured credit because â€Å"secured lending is not necessarily inconsistent with economic efficiency, though whether any given security interest is efficient is highly contingent and probably unknowable.† Brian Mccall further emphasized on the fact that even if the proof of economic efficiency can be established, it â€Å"merely tells us one of the effects of a given course of action it does not tell us normatively if such a thing should be done.† By demonstrating the nature of security under the regime provide by Art. 9 in the UCC, Lynn LoPucki also proved that security is not efficient. The main reason given to establish such conclusion is that the features of security are not always present. There are three features which the author referred to as â€Å"priority, encumbrance and remedy†. Each of those may exist in one type of security but not others; and some arrangements which include an above feature may not be regarded as â€Å"security†. Thus, it is difficult to ensure the â€Å"efficiency† of all secured credits granted. Sub-conslusion: Not all creditors are granted their unsecured status in the same circumstances. Depending on the reasons which results in their involvement in the debtor’s business, there are three different types: uninformed creditors, voluntary creditors and involuntary creditors. Among these three, uninformed creditors and involuntary creditors are the most vulnerable by the effects of secured credit. Generally, the lack of their consent may be regarded as a detriment to the right and the legitimate expectation for payment of these creditors. In addition, it is established that the use of secured credit may not always be efficient and granting security for creditors may not always be the best solution for the economy. Therefore, these problems of security should be solved by a reform of nonconsensual creditors’ treatment. C.Proposals of reform As analyzed above, only a smaller proportion of creditors in insolvency proceedings may be benefited in the use of security, and their benefits are originated from the detriment of a major number of non-consensual creditors. Besides, the using of secured credit is not always effective. The question is now raised that whether there are any persuasive proposals of reform. In considering the position of non-consensual creditors in secured credit, there are three alternatives: (1) leaving the situation as it is now; (2) ensuring the payment to unsecured creditors by mandatory insurance; or (3) giving priority for nonconsensual creditors over the secured creditors As leaving the situation as it is now (alternative 1) is considered as ineffective above, we will only examination two later proposals. 1. Ensuring the payment through insurance This alternatives may be used to achieve the first type of efficiency mentioned above – the debtor can ensure the payment for all creditors, regardless of their status as secured or unsecured despite its situation of insolvency. It is suggested by LoPucki that mandatory insurance should be taken by a company which may incur liability over involuntary creditors, especially tort claimants. By doing so, such company make it possible for their involuntary creditors to fully recover from the insurer instead of pursuing for payment from the debtors. Concurrently, the first position of secured creditors in insolvency proceedings is not arguable. 2. Non-consensual Creditors are given Priority over Secured Creditors Professor Paul Shupack has argued that if non-consensual creditors are given priority over secured creditors, no loss will be caused to the secured creditors because they may be fully compensated for the conditional risk by conditioning their loans on the debtor’s payment of a premium. To reach the same conclusion with Professor Paul Shupack, LoPucki put the relationship among debtors, secured and unsecured creditors in an assumption that a debtor has two creditors, one unsecured (nonconsensual) and one secured, and that in case of being insolvent, he can only to pay one of them. The aggregate loss to the economy is calculated in two alternative models: where the secured creditor has priority over the unsecured; and where the unsecured creditor has priority over the secured. In the first model, there is no other choice for the nonconsensual creditor but to extend his credit in a hope to receive some payment. Concurrently, the secured one will also extend his credit because he will be repaid. Priority is given to the later. Therefore, the unsecured will receive nothing. It may be concluded that â€Å"except to the extent, if any, that the debtor derived benefit from inflicting loss on the [nonconsensual] creditor, [that] creditor’s loss would be an aggregate loss to the economy†. In contrast, if nonconsensual creditors have priority as in the second model, the loss to the economy is claimed to be zero.LoPucki argued that because in this case, the secured creditor knowing that priority is granted to the other, will not extend credit beyond the debtor’s ability to pay. Accordingly, the nonconsensual creditor will receive expected payment and there will be no loss to the economy. If the above analysis is correct, giving priority to the unsecured instead of the secured creditor will be the most effective way to reduce the summative loss to the economy and resolve the problems of misallocating resources as well as inefficient secured credit. However, it is not easy for a regime which has been considered to operate smoothly for long to accept any kind of change. Consequently, the above proposals have been subsequently criticized. 3. Are these proposals persuasive? First of all, regarding the proposal of using insurance, LoPucki himself realized the disadvantages of applying this solution. Firstly, it is a phenomenon that a company may be more likely to commit wrongful acts if such acts’ consequences have been insured. The acts may be committed intentionally or unintentionally, but the counter-productive result is that the company will be less alert to avoid them. Consequently, insurance in this case may bring more bad than good things, to the company, any potential tort victims and the society as a whole. Moreover, insurance will left over a large number of uninformed creditors, who are in most cases also non-consensual but can be benefit from the debtor’s mandatory insurance policies. Concerning LoPucki’s best solution that is to give non-consensual creditors priority over secured creditors, it becomes a controversial topic where everyone expresses their own view on the relationship between security and insolvency, law and economic regulations. Professor Block-Lieb, in her reply to LoPucki’s argument, even concluded that â€Å"his reformulation of the unsecured creditor’s bargain is insufficient justification for drastic alterations to the law of secured transactions.† Professor White, in considering the proposal, questioned whether â€Å"Article 9 [of the UCC] is the place to deal with them†. Firstly, he argued that governmental agencies would not need priority over secured creditors because they can use tax liens for themselves. Concerning tort claims, White’s arguments are based on elevating the status of claimants if amending Art. 9 He suggested that â€Å"significant subordination of perfected security interest will drive secured creditors to look for security devices that are more wasteful but more effective (for them)†. In addition, there may be a distinction between claims for pain or suffering and claims for economic injury (libel, fraud, negligence victims). Thus, it is difficult to identify which claims should be granted priority or not. Besides, â€Å"if the Bankruptcy Code grants priority to the tort claimants, it can give them superiority over not only personal property secured claimants but also over other lien holders and real property mortgagees[, but] Art. 9 cannot reach real estate mortgagees and only with awkward expansion could it possibly reach and grant priority over other liens in the law of every state. At best, modification of Article 9 would be only a half measure because it deals neither with claims secured by real estate nor with claims of nonconsensual lienors.† Sub-conclusion: It is submitted that there seems to be an agreement on the inefficiency of secured credit which requires many consideration for reforming. However, the reform of only a particular regime as Art. 9 in the case of the UCC is not the best solution. Security has been used for quite a long time. Its development has been so closely connected with other aspects of regulating rights and benefit of many economic factors. Therefore, a change of regime under Art. 9 alone cannot be expected to be effective. D.Conclusion Bibliography Legislations The Enterprise Act 2002 – the United Kingdom The Uniform Commercial Code – The United Stated Books Gerard McCormack, Secured Credit under English and American Law, Cambridge University Press, 2004 Royston Miles Goode, Legal problems of credit and security, Sweet Maxwell, 2003, 4th Ed. Journals Alan Schwartz, Security Interests and Bankruptcy Priorities: A Review of Current Theories, 10 J. Legal Stud. 1 (1981) Brian M. Mccall, â€Å"It’s just secured credit! The natural law case in defense of some forms of secured credit†, 43(1) Indiana Law Review, (2009) David Gray Carlson, On the Efficiency of Secured Lending, 80 VA. L. REV. 2179 (1994) Elizabeth Warren, Making Policy with Imperfect Information: The Article 9 Full Priority Debates, 82 Cornell L. Rev. (1997), 1389 F.H. Buckley, The bankruptcy priority puzzle, 72 Va. L. Rev. 1421 (1986) James J. White, â€Å"Work and play in revising article 9†, 80 Va. L. Rev. (1994), 2096 Lynn M. LoPucki, â€Å"The unsecured creditor’s bargain†, 80 Va. L. Rev. (1994), 1907 Paul M. Shupack, Solving the Puzzle of Secured Transactions, 41 Rutgers L. Rev. (1989) 1067 Steven L. Schwarcz, â€Å"The easy case for the priority of secured claims in bankruptcy†, 47 Duke L.J. (1997-98), 480 Susan Block-Lieb, The Unsecured Creditor’s Bargain: A Reply, 80. Va. L. Rev. (1994), 1989 Thomas H. Jackson Anthony T. Kronman, Secured Financing and Priorities Among Creditors, 88 YALE L.J. (1979), 1143 Other documents Eighth Survey of Company Insolvency by Society of Practitioners of Insolvency (1997-8). Statistics from Teresa A. Sullivan, Elizabeth Warren Jay L. Westbrook, â€Å"As We Forgive Our Debtors† 18, 294 (1989) How to cite Insolvency in anglo american law, Essay examples

Miniature Paintings from the Mughal Era Essay Example For Students

Miniature Paintings from the Mughal Era Essay This avgas his punishment for having burst into the private apartments of the palace with his companions, one of whom had stabbed the emperors prime minister to death. The different episodes of the incident are shown concurrently. Kafka emerges from his sleeping quarters, sword in hand, having been awoken by the commotion. He orders the immediate death of Adam Khan, who is thrown from the terrace. The painting is from the Cabman (Book of Kafka), commissioned by Kafka as the official chronicle to his reign. The Cabman was written in Persian by his court historian and biographer, Babul F-cal, between 1590 and 1596, and the Vs partial copy tooth manuscript is thought to have been illustrated between about 1592 and 1595. This is thought to be the earliest illustrated version of the text, and drew upon the expertise of some of the best royal artists of the time Many of these are listed by Babul Faze in the third volume of the text, the Gin-i Kabuki, and some of these names appear in the illustrations, written in red ink beneath the pictures, showing that this was a royal copy made for Kafka himself. After his death, the manuscript remained in the library Of his son Changer, from Whom it was inherited by Shah Johan. The Drowning of the Chinese Beauty A folio from the Airy-e-Danish (A Book Of Animal Fables) McHugh, Reign of Kafka, 1596-7 Painter: Manikins Size: 24. 8 x 13. 9 CM Brat Kola Banyan, No. 065/22 This startling miniature, one of the finest from the brush of the well-known master Manikins, illustrates the story to the King to Baghdad getting rid of a beautiful Chinese damsel by drowning her in the waters of the Tigris, It was necessary for him to do this in order to overcome his mad infatuation for her so hat he could fulfill the greater need of his distressed subjects who he been badly neglecting. Manikins has captured the dramatic moment when the king himself undertook this terrible task as earlier attempts to eliminate her did not succeed. Manikins was a prolific painter who worked with Distant, Baseman, and Save, and avidly studied the form and technique of European paintings and engravings coming to the McHugh court. The impact of this exposure is apparent in his later works including this painting Manikins treatment of the pensive looking king, the hapless damsel, the young boatman riding on the mast of the boat or raring and arranging the sails, as well as the careful use Of pigments Of various shades, aptly reveal his superior vision and his praiseworthy technique. Advisable visits the Sage Paid Painter: Dharma Brat Kola Banyan, No. 065/7 King Advisable had a dream one night in which he encountered a sage who instructed him to search for a certain treasure which included the tour-teen precepts of Hushing, The following morning Advisable set off according to directions given in his dream. After traveling for a long time he came to a cave at the foot of the mountain where he met the sage Paid_ Dharma, a seasoned mas ter of Sabas tsarinas, has created a surreal composition of rocks with strange shapes and colors as a background against which to set the figures of the sage Paid vita his two young disciples and the visiting king and his retainers. Dharma worked as portraitist in the Chinning Mama completed in the same year (presently in the Sultana Palace Library, Tehran). The figures Of the sage, his disciples, and the king amply reveal his interest in carefully delineating observed character types. Mourning at Court A folio from the Airy. E. Danish (A Book of Painter: La Brat Kola Banyan, No. 9065/17 All was a major painter of Sabas tsarinas who contributed the largest number of miniatures in the Razz Mama, Ramadan, Tariku-i Khan-i Itinerary, Kafka Mama and other imperial manuscripts. .ucfa6e2e35b0f7dcf4266e73dc15c21ea , .ucfa6e2e35b0f7dcf4266e73dc15c21ea .postImageUrl , .ucfa6e2e35b0f7dcf4266e73dc15c21ea .centered-text-area { min-height: 80px; position: relative; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea , .ucfa6e2e35b0f7dcf4266e73dc15c21ea:hover , .ucfa6e2e35b0f7dcf4266e73dc15c21ea:visited , .ucfa6e2e35b0f7dcf4266e73dc15c21ea:active { border:0!important; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .clearfix:after { content: ""; display: table; clear: both; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea:active , .ucfa6e2e35b0f7dcf4266e73dc15c21ea:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .centered-text-area { width: 100%; position: relative ; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea:hover .ctaButton { background-color: #34495E!important; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea .ucfa6e2e35b0f7dcf4266e73dc15c21ea-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ucfa6e2e35b0f7dcf4266e73dc15c21ea:after { content: ""; display: block; clear: both; } READ: Additive Layer Manufacturing for Aerospace Parts EssayYet he failed to develop a personal style of his own, This particular court scene does not differ in any manner from similar court scenes in other Kafka period manuscripts Though the drawing is powerful the choice of rather dull and obtuse colors tends to make the painting less remarkable than it might have been. The artist has, however, not failed to make the characters?namely the king, the assembly of courtiers and the men standing in a semi-circle before him?alive and expressive. A King in Court A folio from the Airy-e-Danish (A Book of Painter: Baseman Brat Kaka Banyan, No. 065/3 The Assassin King Answering sent his physician-counselor Bury to collect the animal stories from India which later formed the basis of Inn almanacs 8th century Arabic Khalids WA Dinah and Hussar Visa alkalis Persian Near- i Usually, The introduction relates the story of King Adaptable who wanted to ravel to distant Sarandon, but his viziers would not let him undertake such a long and perilous journey. In this opening miniature, Baseman, one of the most talented and mature painters of Sabas tsarinas, has recreated the splendor and glory of the McHugh court in an amazing manner. ABA Earl has described him as a master in every part of picture making: designing, drawing, coloring, and portraiture. In this example his deliberate use of jewel-like pigments to depict the brilliant red and blue floral carpets, curtains, thrones, railings, costumes, and paraphernalia is remarkable. At the same time his sympathetic comprehension of human individuality is apparent in the figures of the king, the argumentative viziers, the startled courtiers, the musicians and attendants, and even the restless horse and the grimacing cheetah. A King while Hunting accidentally shoots a Woodcutter Painter: Sandals Size: 24. 8 x 13,9 CM Brat Kaka Banyan, No. 9065/25 Though Sandals did not possess the innovation of Baseman or Manikins, he was also a keen observer of men and nature. This is apparent in this composition illustrating the story of the King of Yemen who, while on a deer hunt accidentally killed an unwary woodcutter, Sandals has made his men subservient to nature, as the rolling landscape with mauve, yellow, ochre, and blue colored hills and rivers, trees, and plants, and also a distant cityscape, fill almost the whole of this composition. The king on a majestic blue-colored horse is seen wearing an expression Of helpless despair while the dead woodcutter, a replica of a detail from a European engraving, and the kings retainers as well as the caparisoned elephant in the background all occupy only the lower half of the composition. Meeting of Prince Maraud and Krause Sultan Detached miniature from the Pads Mama of Bad. Al Humid Lahore McHugh, Reign of Shah Johan, c. 1650 Painter: Fate Chain Size: 27. 3 x 18,4 CM Brat Kola Banyan, No. 403 This painting of Prince Maraud and Krause Sultan, son of Anza Muhammad Khan, the ruler of Balk and Babushka is an illustration from the second volume of Loriss Pads Mama. The scene is described in Inanity Khans Shah Johan Nard, an abridged version Of Lahore and Muhammad Wards bulky chronicle, in the following manner, When Krause Sultan arrived in the vicinity of His Royal Highness camp at Scarab, the Prince immediately sent Emir LU-Lazar out o bring him into his presence. When the Sultan entered the pavilion, the Prince advanced to the edge Of the carpet to embrace him. The painter Fate Chain. Though not as prominent as Abide Baldhead, and Pays, has excelled in his task by vividly depicting the opulence of Shah Khans court. Prince Maraud is shown embracing the visiting prince, both standing on a raised platform under a richly embroidered canopy within a pavilion made of delicately designed white Kanata. The courtiers stand in rigid rows arranged in such a manner that ones focus is effortlessly set on the figures of the princes. .ue1fb37c32a01e53d1925eba74cf88794 , .ue1fb37c32a01e53d1925eba74cf88794 .postImageUrl , .ue1fb37c32a01e53d1925eba74cf88794 .centered-text-area { min-height: 80px; position: relative; } .ue1fb37c32a01e53d1925eba74cf88794 , .ue1fb37c32a01e53d1925eba74cf88794:hover , .ue1fb37c32a01e53d1925eba74cf88794:visited , .ue1fb37c32a01e53d1925eba74cf88794:active { border:0!important; } .ue1fb37c32a01e53d1925eba74cf88794 .clearfix:after { content: ""; display: table; clear: both; } .ue1fb37c32a01e53d1925eba74cf88794 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue1fb37c32a01e53d1925eba74cf88794:active , .ue1fb37c32a01e53d1925eba74cf88794:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue1fb37c32a01e53d1925eba74cf88794 .centered-text-area { width: 100%; position: relative ; } .ue1fb37c32a01e53d1925eba74cf88794 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue1fb37c32a01e53d1925eba74cf88794 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue1fb37c32a01e53d1925eba74cf88794 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue1fb37c32a01e53d1925eba74cf88794:hover .ctaButton { background-color: #34495E!important; } .ue1fb37c32a01e53d1925eba74cf88794 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue1fb37c32a01e53d1925eba74cf88794 .ue1fb37c32a01e53d1925eba74cf88794-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue1fb37c32a01e53d1925eba74cf88794:after { content: ""; display: block; clear: both; } READ: Chauvet Versus Laxcaux: Comparing Cave Paintings EssayThe background with its stark mountains, a large reservoir, and the sprawling encampment of the McHugh army, is treated with unusual and marked realism. Sabas Adventures with the Elephant Hawaii in 1561 Kafka Hunts Near Lahore and Humid Baker is Punished by Having his Head Shaved and Being Mounted on an Ass The court of young Kafka, age 13, showing his first imperial act: the arrest of an unruly courtier, who was once a favorite of Sabas father. Illustration from a manuscript of the Cabman Kafka and Tenses, visit Swami Harridans at Virginian, a painting c. 1750