Consequences of Using an Existing Company Name

Consequences of Using an Existing Company Name In relation to Roy wanting to name his company ‘Mini-Mahogany Ltd.’, the Minister for Enterprise, Trade and Employment could refuse to allow the registration of the afore mentioned business as it could be misleading to the consumers. There is already a company registered in Dublin called ‘Mega-Mahogany Ltd.’ This minor difference between the names of the two companies could lead some people to become confused as both companies deal in timber products. One such case that this infringement can be seen is the case of: Jacob Fruitfield vs United Biscuits (2007) Jacob Fruitfield was previously in the Irish market selling Fig Rolls and Cream Crackers when the defendants, United Biscuits (U.K.) Limited, tried to enter the market selling their version of both products. Jacobs sought an injunction to stop United Biscuits selling the biscuits using the same name and they were successful. To have the injunction passed, the judge tried a test. He asked for these three statements to be proved either true or false; The existence of a reputation or goodwill in the claimant’s product including, where appropriate, in a brand name or get-up. The risk of confusion between what is alleged to be the offending product and the claimant’s product. Whether damage to the claimants goodwill by virtue of any such confusion has been established. (Simon McAleese Passing Off) Having then found that United Biscuits were indeed failing on these three tests, Clarke J granted the injunction for to prevent the sale of United Biscuits’ Fig Rolls on the Irish market as they were too similar to the Jacobs Fig Rolls. Wrappers of both Jacobs and United Biscuits Fig Rolls and Cream Crackers Difference between Memorandum and Articles of Association Roy would also need to know that he would need to have a Memorandum and Articles drawn up for his company. Memorandum of Association and Articles of Association are separately very important documents and together they serve as the constitution of a company. A Memorandum is a document which outlines the rules and regulations of the proposed company and its dealings with the outside world. The Memorandum has the following features included; The name, address and the office of the company that has been registered. The way the share capital of the company has been structured The aims and the objectives of the company being set up. The Articles of Association is a document that contains the rules of the company which are used by all employees of the company. This is an internal document and is filed with the Registrar of Companies on Parnell Square, Dublin 1. Some of the major features of the Articles include; The structure of the company The rights of the employees and the voting pattern if needed Conduct of Directors meetings Conduct of Shareholders Difference in the structures of Shares The main differences that Roy would need to understand between the two documents would be the following: The Memorandum is also called the Charter of an organisation. This document is a helpful document for future investors as it gives them an insight into how their money will be used by the company. The Articles, however, is the document that allows the structure of the company and the breakdown of the power in the company. The Articles contain all the laws by which the company will adhere to and also the rules that the employees must follow. (Difference Between Memorandum of Association and Articles of Association, 2011) Statutory Duties imposed on Directors of Irish Companies When a Director is appointed to a company, they are given a list of duties which they must follow for the wellbeing of the organisation. Some of these duties are common law duties; they are also called ‘Fiduciary Duties’. Other duties fall under the heading of ‘Statutory Duties’. These duties include the following points; Duty to maintain proper books of the company accounts. Duty to prepare the annual accounts of the company. Duty to file the necessary documentation with the Companies Registration Office. Duty of disclosure on personal information. Duty to call general meetings within the company. Duty to have an annual audit carried out in the company. Duty to write reports for the members of the company. (Pearse Trust Blog, 2014) Companies can only make loans to the directors of the company for a small number of circumstances and once the loan is fully disclosed in the company’s accounts. As mentioned in Section 31 of the Companies Act 1990, if the company has given a loan to a director and not followed all the necessary protocols, the director who granted the loan or who received the loan may be held liable for the cost of the loan. The same director could also be liable if the company goes into liquidation. For the director to avoid this punishment, they must follow all steps in that have been outlined in the Companies Act (see appendix). (McNulty, 2014) Directors must also disclose any interests they have in the company or in any company associated with the company they work for. Every company must keep a registry of these interests. The keeping of this registry is to avoid any situation where any person may claim that the company was fully aware of the director’s interest. Any such failing could result in criminal sanctions and/or the interested shares being void for that director. Fixed Charge and Floating Charge Roy also needs to know about the different types of charges he would face if he needs to take out a loan from the company in the future. Fixed and floating charges are used by companies to secure borrowing. This type of borrowing is typically arranged under the terms of a debenture. Any charge on a company’s assets must be recorded at the Companies Registry Office. A fixed charge is a mortgage that is secured on a piece of property owned by the company. These pieces of property could include land or buildings, machinery, shares, copyrights, patents, etc. Whereas floating charges are much easier for a company to handle as they can be taken without any specific asset being registered to the company. This means that any stock that the company holds or vehicles used by the company can be charged to obtain the loan. The speciality of the floating charges means that the company can go about normal business, buy and sell its stock, change machinery or vehicles without needing prior p ermission from the person or organisation they are paying mortgage to. As most borrowing is done through banks, it is these banks that then set the type of charge being applied to the company. Most of the time the bank will apply fixed charges on any asset which the company owns that already has fixed charges on. All other charges are then floating charges. Most banks want more than just this type of guarantee and will often ask the directors of the company for personal guarantees. (Fixed Floating Charges) Personal Guarantee A personal guarantee is a pledge in which an individual agrees to be responsible for the financial obligations of a debtor or a borrower to a lender in the event that the debtor or borrower fails to pay an amount owing under the loan agreement. A personal guarantee signifies that the lender can lay claim to the guarantor’s assets in case the borrower defaults. It is the equivalent of a signed blank cheque without a date. The guarantee can only be cancelled by the lender, not the borrower. In the event of the guarantor’s death, normally the lender will not void the personal guarantee but will seek for a new guarantor to fill in the deceased place and continue the guarantee. (McManus, 2011) Bank of Scotland (Ireland) vs Jim Mansfield In the case of Bank of Scotland vs Jim Mansfield, Bank of Scotland (B.o.S.) granted Jim Mansfield a loan to further his empire at CityWest. Mansfield gave a personal guarantee that the loan would be repaid in full. When Mansfield refused to pay back the money to NAMA, they sought an injunction in the Commercial Court where they successfully won and the court forced Mr. Mansfield to repay the â‚ ¬204m. Mr. Mansfield passed away before he could pay back the loan which now leaves his family liable to repay the fortune. Works Cited Companies Act 1990. (n.d.). Retrieved December 01, 2014, from www.irishststutebook.ie: http://www.irishstatutebook.ie/1990/en/act/pub/0033/sec0031.html Difference Between Memorandum of Association and Articles of Association. (2011, May 10). Retrieved November 30, 2014, from www.differencebetween.com: http://www.differencebetween.com/difference-between-memorandum-of-association-and-vs-articles-of-association/ Fixed Floating Charges. (n.d.). Retrieved November 30, 2014, from www.companylawclub.co.uk: http://www.companylawclub.co.uk/topics/fixed_and_floating_charges.shtml McManus, F. (2011, February). The Dangers of Personal Guarantees. Retrieved November 30, 2014, from www.morganmcmanus.com: http://www.google.ie/url?sa=trct=jq=esrc=ssource=webcd=3ved=0CDAQFjACurl=http://www.morganmcmanus.com/pdfs/The_Dangers_of_Personal_Guarantees.pdfei=j4N8VPWwOImU7AanwIGIBgusg=AFQjCNFYmFIsOKFPbT4a9yHjkycnbuCtdgbvm=bv.80642063,d.ZGU McNulty, T. (2014). Class Notes. Company Law. Dunlin. Pearse Trust Blog. (2014). Retrieved November 30, 2014, from www.pearse-trust.ie: http://www.pearse-trust.ie/blog/bid/99334/Duties-Powers-Of-Directors-Of-Private-Companies-In-Ireland Simon McAleese Passing Off. (n.d.). Retrieved November 30, 2014, from www.simonmcaleese.com: http://www.simonmcaleese.com/asp/printf.asp?RecordId=310 Appendices Case of Jacob Fruitfield Food Group Ltd v United Biscuits (UK) Ltd United Biscuits, more commonly known as McVities, sought to introduce fig roll biscuits and cream crackers into the Irish market. The packaging of both products was strikingly similar to comparable products already available on the Irish market by Jacobs. Jacobs successfully obtained an injunction in the High Court preventing the distribution of the McVitie fig rolls in packaging which was confusingly similar to that of Jacobs. What is the test to be met in determining whether packaging is so strikingly similar that it is in fact passing off? Clarke J set down a three part test to be applied in assessing whether or not there is an action for passing off: The existence of a reputation or goodwill in the claimant’s product including, where appropriate, in a brand name or get-up; The risk of confusion between what is alleged to be the offending product and the claimants product; and Whether damage to the claimants goodwill by virtue of any such confusion has been established. Clarke J specifically considered that the similarity between the two products should be judged, to a significant extent, as a matter of first impression. He stated: Firstly I should have regard to the circumstances in which the products are likely to be purchased, the sort of customers who are likely to purchase them, and the amount of attention which, at least the less careful of those purchasers, are likely to apply to their considerations. The competing get ups should be judged as a matter of first impression but also by reference to the type of features which, in all the circumstances of the case, are likely to attract the attention of a purchaser in those circumstances. Having considered the colour combinations, style of lettering and the suggested serving photograph of each of the packaging, he considered thatthe fig roll packaging was extremely similar, but that the packaging on the cream crackers was distinguishable. In deciding whether or not the balance of convenience lay with granting the injunction against the distribution of the McVities fig rolls, the court stated that it was never a presumption that the balance of convenience would lie with granting the injunction and that damages may sometimes be an adequate remedy. Nevertheless, Clarke J held that the balance of convenience in this case did lie with granting the injunction preventing the distribution of the McVitie fig rolls in packaging which was confusingly similar to that of Jacobs. (Simon McAleese Passing Off) Companies Act 1990 (Companies Act 1990) 1 | Page

Reflect Victorian Society and Culture in the Strange Case of Dr. Jekyll and Mr. Hyde Essay

In this essay I will be exploring the ways in which Robert Louis Stevenson portrays and reflects the society into which his novelette, The Strange Case of Dr. Jekyll and Mr. Hyde was initially introduced. To do this I will explore setting, language and form within the novel. There are also a number of themes and ideals that I will also discuss Gothic Literary Tradition, Victorian Science, duality, hypocrisy and Victorian concepts of virtue and vice. Many of the characters in â€Å"Jekyll and Hyde† show two sides to their personality. This duality is shown in their spotless and respected public face that contradicts their despicable behaviour in private. Possibly the most obvious example of this is seen where Sir Danvers Carew, a respectable MP and gentleman, seemingly a perfect person in Victorian society, is seen and killed whilst in Soho. At the time, Soho was a very undesirable area of London where respectable men were not expected to be, at an unusual time of the night. The lateness of his visit there suggests that he was doing something that he didn’t want his friends or anyone from his social circle to see, probably something deviant. Soho was a haven for drug dealers, drug users, prostitutes, all types of crime and very poor people. This is reflective of a common situation that was seen in the late eighteen hundreds. It would have been a shocking and unthought-of of idea to discuss this concept openly at the time the book was written, however, as it would make those who carried out deviant acts feel scrutinised and less safe. As if their secret was being made public. This is a very innovative and original reflection of a Victorian situation that was commonplace yet underground. We see more of this social situation when Jekyll himself explains that, as Hyde, he could perform acts that in his normal form he could not. His social standing would prohibit such behaviour and yet he felt compelled to act in this way. Conscious within Hyde and free from social expectations, he gained a sickening sense of satisfaction, remorselessness and enjoyment when he acted upon his suppressed evil longings. Or, at least, at first he did. A sentiment shown in his statement of the case where he points to, â€Å"secret pleasures, that I had enjoyed in the disguise of Hyde.† This explains that, owing to his social standing being rather high and respectable, he could not act upon certain longings, but, as Hyde, an unrespected nobody, he could. This was a similar, if more extreme, version of a situation that society at the time forced many respectable people into. Obviously nobody had two separate appearances and personalities, in a literal sense, but some had a public face and life and a private one. Expectation was very high amongst people from respectable social positions and classes. There was no room for misbehaving. It is suggested that social expectation indirectly resulted in the birth of Hyde, as the potion to turn Jekyll into Hyde was formulated in order to separate good from evil. Social expectation was satisfied by Jekyll as the focus was on the good things. As Hyde, a separate persona, he could be evil without the worry of social pressure and reputation. Jekyll says: â€Å"If each, I told myself, could but be housed in separate identities, life would be relieved of all that was unbearable; the unjust might go his way, delivered from the aspirations and remorse of his more upright twin; and the just could walk steadfast, and securely on his upright path† The duality shown in so many of the characters shows the inherent hypocrisy in Victorian society in which people had an open, public life and a secret life that only took place where the person was not available to come under scrutiny from their society or class. This is a display of the Victorian social mindset that appearances account for almost everything. So any deviancy or misbehavior could only be conducted in secret where that no one would know. The Victorians’ are shown to be willing to disregard, ignore and remain uninvolved in unpleasant things at the danger of falling from grace. This is a form of hypocrisy which is well shown where Mr. Enfield says, â€Å"I make it a rule of mine: the more something looks like Queer Street the less I ask,† to which the reply from Mr. Utterson is, † A very good rule, too.† This shows the desperation of people to save face and maintain a facade of perfection and decency in order to agree with and remain in favor of Victorian social expectations. This explains the importance of a reputation of decency and gallantry in the Victorian society in which the book was published. The idea of reputation being essential is used as a tool to scare and warn Hyde in the first chapter of the book. Enfield explains, â€Å"Killing being out of the question, we did the next best. We told the man we could and would make a scandal out of this, as should make his name stink from one end of London to the other. If he had any friends or any credit, we undertook that he should lose them.† The fact that ruining his reputation was regarded as the next best thing to killing him emphasizes the importance of this to Victorian society. Another display of the importance of reputation occurs at the end of the book where Poole and Utterson are breaking down the door to Jekyll’s cabinet and Jekyll forces Hyde to kill himself. It shows the extreme measures that Jekyll will take: he would rather be dead than tarnish his good reputation by letting his secret escape. This is a starkly shocking reminder of the importance of a reputation in Victorian high society. Victorian concepts of virtue and vice are discussed throughout the book. There was a set belief amongst the higher ranks of society that a malicious or evil nature in a person should be hidden and suppressed beneath the good features. This is explored through Jekyll and Hyde as Jekyll and Hyde are supposed to be the good and evil sides to Jekyll’s personality. So that Jekyll can safely release his suppressed evil through the form of Hyde. He could do this without coming under scrutiny from the society around him. He says â€Å"secret pleasures, that I had enjoyed in the disguise of Hyde.† Danvers Carew is another example of this as we see him in the area of Soho, despite his respectable faà ¯Ã‚ ¿Ã‚ ½ade. This may be because he is secretly acting upon the evil longings that he must suppress for most of the time, due the social expectations of a man in his position Another way that Stevenson explores Victorian society is through its science. At the time of the publication of the book, one new scientific theory was the Darwinian theory of evolution. This is explored in the book. Many Victorians believed that criminals were less evolved than normal people; they were thought to be a throwback from humanity’s primitive past. Hyde, the criminal, is often described as being similar to an animal and less evolved. Specifically, he is described as being â€Å"ape-like† in his fury. Mr. Utterson says, â€Å"The man seems hardly human! Something troglodytic.† This implies he is primitive and less evolved. When Poole and Utterson are breaking into Jekyll’s cabinet Hyde emits, â€Å"A dismal screech, as of mere animal terror.† Again, animal-like traits are highlighted. Gothic Literary Traditions from the time period of the publication of the book are also important when we are discussing its storyline and themes. They were traditions that were commonplace in novels of the time. There were set rules and patterns. There is the idea of the gothic â€Å"monster† which was very common at the time, which takes the form of Hyde in this case. There was also the typical atmosphere of darkness and secrecy and unnatural forces at work. This is exemplified in the novel by the dingy and dark setting. For example, Stevenson says that there were heavy â€Å"pea souper† fogs and much of the story occurs at nighttime in eerie locations such as the run-down Soho area. This draws from real life because there were real â€Å"pea soupers† and the area of Soho was extremely undesirable and dingy. Also the fact that most of the evil occurs at nighttime is, to an extent, a reflection of Victorian reality, as the only time when respected people would be somewhere undesirable or acting upon â€Å"evil† desires would have been at night, under the cover of darkness. Hyde’s house has no windows and a single door, so is ominous, dark and secretive, with no means of an outsider being able to view what lies beyond its walls.! Another secretive technique is that the monster, Hyde, is never described in great detail. Hyde is only ever described vaguely; his â€Å"unexpressed deformity† is a clear indication that Stevenson is conscious of the vagueness of his description. We also never see the story from his direct perspective, so his point of view is hidden which adds to the secrecy of the book. There is also the idea of Hyde’s house being a lair, shown in the form of the cabinet and laboratory that add to the secrecy and is another common technique in gothic texts. Stevenson uses these traditional ideas; however, he does so in a subtle way with far less crudeness than in other books, such as Shelley’s Frankenstein and Bram Stoker’s Dracula. Hyde is not literally called a monster and is, after all, human. It is the actions and nature of the character that make him the monster. Stevenson’s use of language helps to explore the Victorian culture that the book was written in. He uses them to add to and invoke some of the Gothic Literary Traditions in his book. Stevenson describes Jekyll in a lot of detail saying that he is handsome, respected and a gentleman. However, Hyde is given very vague and non specific descriptions which add to the secrecy of the character that is, reverting to Gothic tradition, the â€Å"monster† character. Here we see a perfect display of this technique; â€Å"He is not easy to describe. There is something wrong with his appearance: something displeasing, something downright detestable. I never saw a man I so disliked, and yet I scarce know why. He must be deformed somewhere; he gives a strong sense of deformity, although I couldn’t specify the point. He’s an extraordinary-looking man, and yet I really can name nothing out of the way. No, sir; I can make no hand of it; I can’t describe him. And it is not want of memory, for I declare I can see him this moment.† By giving a vague, sketchy description Stevenson separates Hyde from other main characters that are described in detail, by almost de-humanizing him. This adds to the sense that Hyde is the traditional monster character, which is a tool used in Victorian writing. Setting is also used by Stevenson to draw on gothic tradition and gives an eerie yet sometimes truthful view of London. The way in which Stevenson describes the lodgings of Jekyll and Hyde is a use of language that adds to the gothic literary tradition. Jekyll’s house is in a very upper class area and is decorated and furnished with great taste and wealth. Whereas Hyde lives in a very rough area, Soho and his house is a dark, seedy place with no windows and a solitary door.!! This surrounds this character, the monster, with secrecy and shields him from the outside world. It creates an ominous, tense atmosphere, which was often used in gothic texts of the era. Also the places in the book where evil occurs are described as foggy and dingy. And the majority of the story occurs at night. This adds to the darkness and secrecy of the gothic novelette. A point that is further reinforced by the secrecy that shroud the lodgings of Jekyll and Hyde. Contemporary London is portrayed as having an outwardly respectable veneer of goodness that disguised a dangerous and immoral undercurrent, the hiding place for much evil. This was to an extent actually true of Victorian London; it had respectable areas but was quite a seedy place. As an example there was the notorious Jack the Ripper, who killed prostitutes in London in the Victorian era at night in back alleys and brothels and was suspected to have been a respected politician or businessman by day. This links in with the idea of Victorians often leading double lives: good in the day and bad at night. The structure and form of the book emphasize the gothic traditions that Stevenson draws. The book is written from Mr. Utterson’s perspective with narratives and interjections from other characters, such as â€Å"Dr. Jekyll’s Full Statement of the Case†; however, importantly Hyde’s opinion is omitted. This heightens the shroud of secrecy and depravity that surrounds Hyde, the â€Å"monster.† This technique was common in Gothic novels of the time. It adds tension and terror to the novels by keeping the reader deprived of knowledge. To this we can link the reaction of the contemporary reader to this story. The reader would recognize much reality in the book. They would see truths from the time. For example, the pressures of society would be familiar. Some may be shocked or slightly uncomfortable when reading it, because the ideas of living double lives and suppressing evil and acting upon it in privacy, would have rung true of some readers. To discuss this in the open would have been out of the question and may have put certain individuals in an extremely uncomfortable spotlight. As was discussed earlier in the essay there was a clear Victorian mentality that reputation was very important, possibly the most important thing to some individuals. So some may have had private feelings and longings and may have acted upon these in private. On seeing this in the book, Sir Danvers Carew’s situation for example, it may have felt to them as though they were no longer safe to have a sinful private life as people ne w that this sort of thing happened. * * * In conclusion I think that the book is a fairly truthful reflection of many aspects of Victorian society and culture, especially the idea of living a double life. I also think that Stevenson’s use of Gothic Literary tradition is effective. In the novelette, he provides a new variation on traditional themes. All in all, I think that Stevenson employs a high level of reality and supplements this by drawing from the literary culture of the Victorian Britain of which he was a part.

Functional Immunity

This type of immunity arises from  customary international law  and  treaty law  and confers immunities on those performing acts of state (usually a foreign official). Any person who in performing an act of state commits a criminal offence is immune from prosecution. This is so even after the person ceases to perform acts of state. Thus it is a type of immunity limited in the acts to which it attaches (acts of state) but will only end if the state itself ceases to exist.This type of immunity is based on respect for sovereign equality and state dignity. The offices usually recognised as attracting this immunity are Head of State or Head of Government, senior cabinet members, Foreign Minister, and Minister for Defence: see the  Arrest Warrant Case,Pinochet Case  (R v Bow Street Magistrates; ex parte Pinochet Ugarte (No 3)  [2000] 1 AC 147, House of Lords).Such officers are immune from prosecution for everything they do during their time in office. For example, an English court held that a warrant could not be issued for the arrest of  Robert Mugabe  on charges of international crimes on the basis that he was a presently serving Head of State at the time the proceedings were brought:  Mugabe, reported at (2004) 53 ICLQ 789. Other examples are the attempts to prosecute  Fidel Castro  in Spain and  Jiang Zemin  in the USA.However, the moment accused leaves office, they are liable to be prosecuted for crimes committed before or after their term in office, or for crimes committed whilst in office in a personal capacity (subject to jurisdictional requirements and local law). Pinochet  was only able to come to trial because Chile and the UK had both signed and ratified the UN Convention Against Torture through which such immunities were waived. It may be the case that personal immunity is itself being eroded.In 2004 the Appeals Chamber of the  Special Court for Sierra Leone  held that indicted Liberian president  Charles Taylor  cou ld not invoke his Head of State immunity to resist the charges against him, even though he was an incumbent Head of State at the time of his indictment. However, this reasoning was based on the construction of the court's constituent statute, that dealt with the matter of indicting state officials. In any case, Taylor had ceased to be an incumbent Head of State by the time of the court's decision so the arresting authorities would have een free to issue a fresh warrant had the initial warrant been overturned. Nevertheless, this decision may signal a changing direction in international law on this issue. Recent developments in international law suggest that this type of immunity, whilst it may be available as a defence to prosecution for local or domestic crimes or civil liability, is not a defence to an international crime. (International crimes include  crimes against humanity,  war crimes, and  genocide).This has developed in the jurisprudence of the International Criminal T ribunal for the Former Yugoslavia, particularly in the  Karadzic,  Milosevic, and  Furundzija  cases (though care should be taken when considering ICTY jurisprudence due to its  Ad-hoc  nature). This was also the agreed position as between the parties in their pleadings in the  International Court of Justice  Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium).The reasons commonly given for why this immunity is not available as a defense to international crimes is straight forward: (1) that is genocide, war crimes and crimes against humanity are not acts of state. Criminal acts of the type in question are committed by human actors, not states; and (2) we cannot allow the  jus cogens  nature of international crimes, i. e. the fact that they are  non-derogable  norms, to be eroded by immunities. However, the final judgment of the ICJ regarding immunity may have thrown the existence of such a rule limiting functional immunities into doubt.See in this respect the criticism of the ICJ's approach by Wouters, Cassese and Wirth among others, though some such as Bassiouni claim that the ICJ affirmed the existence of the rule. Regarding claims based on the idea that a senior state official committing International crimes can never be said to be acting officially, as Wouters notes â€Å"This argument, however, is not waterproof since it ignores the sad reality that in most cases those crimes are precisely committed by or with the support of high-ranking officials as part of a state’s policy, and thus can fall within the scope of official acts. Academic opinion on the matter is divided and indeed only the future development of International Customary law, possibly accelerated by states exercising  universal jurisdiction  over retired senior state officials, will be able to confirm whether state sovereignty has now yielded partially to internationally held human rights values.In November 2007 , French prosecutors refused to press charges against former US Secretary of Defense Donald Rumsfeld for torture and other alleged crimes committed during the course of the US invasion of Iraq, on the grounds that heads of state enjoyed official immunity under customary international law, and they further claimed that the immunity exists after the official has left office. [1]

The Individual Being in Hegels Philosophy Essay - 1749 Words

The only similarity between Marx and Kierkegaard – beyond disagreeing with Hegel – is they both find Hegel to be apathetic. As Kierkegaard summarized in Either/Or, and as Marx exemplifies in his many writings, either one is to resign themselves to inaction for the greater good or one commits to action regardless of the consequences. Hegel, they argue, commits himself to the former. He resigns himself to universal ethics, acting on the greater good at the expense of the individual. Here, Kierkegaard and Marx swerve away from Hegel. Kierkegaard believes the faithful must act as an individual in a relationship with God. Marx believes that the individual, acting in concert with other like-minded individuals, is key to enacting the Bloody†¦show more content†¦He suggests that Hegel resigns himself the status of a tragic hero for the greater good. Kierkegaard alss tells the analogy of the Knight of Infinite Resignation which illustrates the need to resign oneself fro m achieving a personal good in honor of the universal good. He gives the analogy of a Knight who wishes to seduce a princess, but cannot because of the greater good. Rather, he resigns himself to worship the idea of the princess and detaches himself from her physical nature. This detachment causes him to worship an abstract ideal in order to conform to the needs of the greater good. If the Knight were to have her, it would violate the ethical principals he has entrenched himself in and cause ruin upon others. He will no longer maintain the status of the tragic hero and would have acted unethically. Beyond that, the Knight of Infinite Resignation would not want the princess as her physical embodiment represents an imperfection. Kierkegaard does not like this movement. Instead, he creates the Knight of Faith, which acts on his passions. The Knight of Infinite Resignation loves the princess and idealizes her, but knows he will never have her. If he were to have her, it would ruin the i dealization of her. Her physical being would then become a roadblock towards the realization of her essence. The selfishness of the Knight of Faith becomes a form of passion. The Knight of Faith, like the Knight of Infinite Resignation, realizes the impossibility of getting theShow MoreRelatedHegel and The Phenomenology of Spirit824 Words   |  3 Pagesbasic paradigm (system) that accounts for the manner in which nature and mind or for him, subject and object, were all related. This included history, philosophy, society, art, music, and culture. It was the idea that while all things were interrelated, they were also set up to form a series of contradictions that caused conflict for humans. 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Few would deny as a fact of human life a perpe-tual strive to do right and good concordant with one’s particular moral beliefs (while concomitantly judging others by them). For most, this strive is accompanied by a questioning of the very nature of the moral: Is there an impartial criterion that enables us to know objectively what one ought to do, or do our moral intuitions rest solely on subjective, arbitrary groundsRead MoreKant s Philosophy On Moral Philosophy1515 Words   |  7 Pagespositions on moral philosophy in his book The Groundwork of Metaphysics of Morals. Georg Wilhelm Friedrich Hegel subsequently presented a number of objections to Kant’s positions, mainly in his book The Phenomenology of Spirit. Hegel presents objections to Kant in two different ways, implicitly and explicitly. Hegel gives arguments against Kant’s moral theory as well as the general philosophical thought that produces the moral theory that Kant presents. But in order to understand Hegel’s critique of KantRead MoreMarx: The Economic Basis of Human Societies 1093 Words   |  5 Pagesmovement of that time but he was still deeply concerned with social reform. During that time the intellectual influential force was the philosophy of Hegel. Karl Marx became a follower of Hegel’s philosophies so much so that he abandoned his legal studies and devoted himself to philosophy. In his process of learning about Hegel’s philosophies he then wrote of his Philosophy of Right in 1842-43, and became the editor of a radical journal called the Rheinische Zeitung. This journal was soon suppressed byRead MoreHegel s Critique Of Kantian Moral Ethics2508 Words   |  11 Pages On Hegel’s Critique of Kantian Moral Ethics in the Phenomenology of Spirit Hegel’s critique of Kant’s philosophy is quite prevalent throughout the unfolding of Hegel’s own dialectical philosophy. Several of Hegel’s critiques of Kant’s work can especially be seen in one of his earlier works, â€Å"The Phenomenology of Spirit.† This is particularly established once Hegel begins to undertake the developing of Spirit within his Phenomenology. Here, Hegel makes several attacks on Kantian philosophy principlesRead MoreEssay about Appraise the Pros and Cons of Cosmpolitanism1454 Words   |  6 Pagesstand-points throughout the fields of sociology, politics and philosophy. Gerand Delanty splits the concept into four main categories: â€Å"internationalism, globalisation, transnationalism and post-nationalism†(Delanty 2000: 52) and four sub-categories â€Å"legal, political, cultural and civic† cosmopolitanism. This essay shall analyse and evaluate arguments for and against the notion of cosmopolitanism accord ing to Immanuel Kant’s perception and Hegel’s analysis of the subject matter. Since Kant’s perceptionRead MoreToward a Reconsideration of the Role of Love in Hegel: An Analysis2075 Words   |  8 Pageswould support him in his journey towards becoming one of the major figures on the German philosophical scene. Hegel is part of the period of German idealism, which followed in the decades after Kant. Hegels starting point tended towards the logical, which evolved in his political and social philosophy. This is also the case in his essay The Spirit of Christianity and Its Fate, in which Hegel considers the way in which the sense of Christian community experienced by the early church has become lostRead MorePhilosophy 101 Essay826 Words   |  4 Pages Philosophy is defined by Webster as Love and pursuit of wisdom by intellectual means and moral self-discipline or Investigation of the nature, causes, or principles of reality, knowledge, or values, based on logical reasoning rather than empirical methods. This essay is a general look at those who pursued that intellectual means, those who investigated, even those who reasoned Reason. Because volumes could be written and this is a rather quick, unworthy paper: apologizes. Hegels philosophyRead MoreThe Freedom Of The Will1425 Words   |  6 PagesFreedom is the ability to act, think, react, and behave without having a restrain or impediment to do this. Human beings are beyond lucky to have this ability and use it in a rational and conscious way. However, many doubts, questions, and concerns arise from this ability. How do humans get the freedom of the will? Are they using it for its intended and designed purpose? Philosophers have wondered and try to come up with an answer to all these questions. They have provided the two opposite points