Should Courts Lift the Corporate Veil?

Should Courts Lift the Corporate Veil? The doctrine laid down in Salomon v Salomon & Co Ltd has to be watched very carefully. It has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. But that is not true. The courts can and often do draw aside the veil. They can and often do pull off the mask. They look to see what really lies behind. The legislature has shown the way with group accounts and the rest. And the courts should follow suit. I think that we should look at the Fork company and see it as it really is the wholly owned subsidiary of the tax payers. It is the creature, the puppet of the taxpayers in point of fact, and it should be so regarded in point of law. Per Lord Denning MR, Littlewoods Mail Order Stores Ltd v I.R.C. [1969] 3 All ER 855 1.0  Introduction This dissertation will discuss the principles of limited liability and corporate personality and the courts’ reluctance to disregard the corporate veil the principle called â€Å"piercing the Corporate Veil†. We shall consider the circumstances in which the Courts have been able to pierce the veil of incorporation and the reasons as to why they have in most cases upheld the decision in Solomon v Solomon & Co[1]. All companies in the United Kingdom have to be registered and incorporated under the Companies Act which governs the principle of limited liability hence giving the owners or shareholders a curtain against liability from creditors in the case of the company falling into financial troubles. This curtain so created gives the company a separate legal personality so that it can sue and be sued in its own right and the only loss to the owners or shareholders is the number of shares held in the company on liquidation with no effect on their personal assets. This distinct separation between the owners or shareholders and the limited company is the concept referred to as the ‘veil of incorporation’ or ‘corporate veil’. In conclusion, it shall be argued that the courts should lift or pierce the corporate veil to a significantly greater extent so as to hold erring shareholders or directors of a corporation liable for the debts or liabilities of the corporation despite the general principle of limited liability were the corporation has insufficient assets to off-set the creditor liabilities. 2.0  Limited liability and Corporate Personality The principles of limited liability and corporate personality are the cornerstone of the United Kingdom company law since the Joint Stock Companies Act 1844, its consolidation in 1856[2] and the introduction of the Limited Liability Act 1855. These two principles have been so guarded by the courts as being fundamental to today’s company law by upholding the separate legal personality of a corporate entity. However, whilst the original intention of the legislation was to help companies raise capital through the issue of shares without exposing the shareholders to risk beyond the shares held, the present attraction to incorporating a company is the advantage of shielding behind the curtain of limited liability which could be abused by some businessmen. 2.1  Companies Act 2006 Article 3 (1) provides that a company is a â€Å"limited company† if the liability of its members is limited by its constitution. Article 7 (2) provides that a company may not be so formed for an unlawful purpose. Article 16 (2) The subscribers to the memorandum, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. (3) That body corporate is capable of exercising all the functions of an incorporated company. 2.2  Limited liability As stated above, the doctrine of limited liability was introduced by the Limited Liability Act 1855 as a means by which companies could raise capital by selling company shares without exposing the shareholders to unlimited liability.[3] The principle of limited liability shields the company owners, shareholders and directors or managers against personal liability in the event of the company winding up or becoming insolvent. In such an event the liability of its owners and shareholders is limited to the individual shareholding held as provided for by the Companies Act 2006 and the Insolvency Act 1986[4]. This means that the members of a company do not have to contribute their personal assets to the company assets to meet the obligations of the company to its creditors on its liquidation but have to contribute the full nominal value of the shares held by individual shareholders. It should be noted here that such limited liability does not shield the limited company from liability until all its debts or assets are exhausted. This principle has so been held since the House of Lords ruling in the Solomon case[5] in which the Lords where of the view that the motives behind the formation of a corporation was irrelevant in determining its rights and liabilities as long as all the requirements of registration are complied with and the company is not formed for an unlawful purpose[6]. Much as a limited company has a separate legal personality, its decisions are made by directors and managers who should use the powers conferred unto them by the company board of directors and the memorandum and articles of association[7], and any abuse will entail personal liability by the officer concerned. Limited liability encompasses both the small enterprise including one-man companies[8] and big companies hence limiting the liabilities to company assets and not to any other personal assets.[9] This view has been endorsed in recent times through numerous cases as evidenced in a one-man company, Lee’s Air Farming. Lee was the majority shareholder and director in the company in which he was also the employee. He was killed on duty in an air accident and the court held that Lee and the company were two separate entities and hence entitled to compensation.[10] The courts will only in exceptional circumstances such as abuse, fraud or where the company was used as an agent of its owner disregard the doctrine of limited liability and hold members, shareholders or directors personally liable for the debts and other company obligations to the creditors in what has been termed the piercing or lifting of the veil of incorporation. However, there are several statutory laws which allow for the principle of limited liability to be ignored in such situations as in the reporting of financial statements of group companies[11], corporate crime and insolvency[12] which we shall discuss below. 2.3  Corporate Personality A limited company is a legal person[13] with an existence which is separate and independent from its members as long as all the formalities of registration are adhered with in line with the Act. The corporate identity entails the company can sue and be sued in its own right without affecting its owners’ or shareholders’ rights. It is trite law that the only plaintiff to a wrong done to a company is prima facie company itself and not its shareholders[14] except in instances where there is a fraud against shareholders or the acts complained of are illegal. The company has been held as having an independent legal corporate personality since it was first held in the case of Solomon v A Solomon & Co Ltd[15]. To emphasise this point, Lord Macnaghten said that it seemed impossible â€Å"to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.[16] In this case, Solomon registered his company into a limited company under the Companies Act[17] which required a minimum of seven (7) members for incorporation. Solomon became the major shareholder with his wife and children holding a share each but the company ran into financial problems leaving no assets for the unsecured creditors on liquidation. Whilst the court of appeal held the company to be a ‘sham’ and an alias, trustee or nominee for Solomon and that the transaction was contrary to the true intent of the Companies Act[18] the House of Lords reversed this decision and held that the company had been validly registered as required by the Act and hence had a separate legal personality from the shareholders. In arriving at this decision, Lord Macnaghten said that, â€Å"The company is at law a different person altogether from the subscribers†¦Ã¢â‚¬ ¦.Nor are the subscribers, as members liable, in any shape or form, except to the extent and in the manner provided by the Act.† This decision shows that the House of Lords identified that the important factor was the observance of the requirements and formalities of the Act which safeguarded the principles of limited liability and corporate personality.  To date, this is the correct interpretation of the Company’s Act and it is important that the principle in maintained in the advancement of commerce. It should be noted here that the principle of corporate personality does not affect the company creditors to a large extent as far as the recovery of the debts is concerned. Following the decision in the Solomon case, Professor Gower has described a limited company as being ‘opaque and impassable’[19], whilst on the other hand it was described as ‘calamitous’[20]. Some commentators suggest that courts have been more inclined to the maintenance of the sanctity of the separate legal integrity of a company and have resisted the common law resolution of â€Å"peering under the skirts of a company to examine its linen (dirty or otherwise)†[21] as can be observed from the numerous cases since the Solomon case. The foregoing shows the importance to commerce of the incorporation of a company as it allows for continuity of the business transactions despite any changes in the owners, administrators, directors or shareholders of the company. However, common law has in some exceptional instances ignored this principle in stances of abuse or fraudulent use of a sham corporate structure. The courts have ignored the corporate sham structure and peer behind the veil to identify the â€Å"directing mind and will† that control the company and such intervention being termed as lifting the veil, cloak[22] or mask[23]. Whilst the courts have at times pierced the veil to benefit creditors when a company is placed under liquidation, there has been reluctance by the same courts to pierce the veil in instances which could have favourable results for shareholders.[24] 3.0  One-man Limited Companies The Council Directive 89/667[25] provides for the formation of one-man private companies hence moving away from the Joint Stock Companies Act 1856 requirements. This Directive highlights the advancement in commerce and as can be indentified from the Solomon case, Mr Solomon was the owner of the company and only registered the other six shares for his wife and children to fulfil the requirements of the Act. The company owner in these one-man corporations would in most instances also be the director in which case some unscrupulous individuals could escape liability for their own misconduct by holding assets in the name of the corporation. The courts are prepared to pierce the corporate veil in a one man company so as to be enabled to treat assets of the company as â€Å"property held by the defendants† were the company is held to be an alter ego of the owner.[26] However, the courts have shown that they are not prepared to pierce the corporate veil even in one-man limited companies as long as they are properly registered as required by the Act. In the case lee v Lee’s  Air Farming[27] mentioned above, Mr Lee incorporated Lee’s Farming Limited and was the director and controlling officer as an employee of the company. On his death in an air crush whilst on duty and the family claimed workers’ compensation. The court held that the company and Mr Lee were distinct and separate entities and hence Mr Lee was a worker in his own company. Hence we see here the court’s upholding of the principle set down by the rule in Solomon v Solomon[28] which has remained controversial[29] with changing commercial activity and globalisation. The courts have been more willing to pierce the veil in one-man companies were the owner of the company is usually the controlling officer and does not deal with the company at arm’s length. In the case of Wallersteiner v Moir[30], Lord Denning held that the subsidiaries were controlled by Dr Wallersteiner making them â€Å"puppets† which â€Å"danced to his bidding†. Lord Denning is pointing out here that whilst the subsidiaries appeared to have a separate personality, they were in reality his agents or sham companies with no existence of their own and hence warranted the piercing of the veil. This principle of corporate personality as established in the Salomon case has been extended to groups companies which we shall look at below. 4.0  Group Companies Group companies comprise of the parent company with its subsidiaries carrying on their businesses not as a common enterprise or â€Å"single economic unit†[31], though portraying it as such to the outside world. The principle of limited liability applies to the subsidiary companies so formed as they are registered companies under the Act and as such each has a separate legal personality to the parent company and hence can sue and be sued in their own right. The advantage of this arrangement to the group is that it limits liability to each subsidiary company in the group whilst sharing the group profits for the benefit of the group structure. Such group structures can lead to the parent company forming subsidiary companies to run its risky part of the business and hence insulating itself from liability in the event of the subsidiary company failing to meet its obligations to the creditors.[32] The effect of corporate personality in group companies is that each entity is legally independent and separate from other subsidiaries and the parent, hence each entity being liable for its own debts,[33] which affirms the Solomon principle. Lord Justice Slade said: â€Å"Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities†.[34] This is still the law and an affirmation of the principle in the Solomon case. In the case of Ord & Another v Belhaven Pubs Ltd,[35] the proprietors of a company which was in the business of acquiring old pub premises, doing them up and then letting them to tenants, duly let a renovated pub building to Ord. There had been misrepresentations made by the company as to the potential profitability of the premises which only came to light some time later. By the time Belhaven Pubs Ltd had ceased trading and could not meet its debts. Ord sought leave to substitute the parent company. The Court of Appeal held that the defendant company which had granted the lease was legitimate and had not been a mere faà §ade for the holding company and hence could not be substituted. This basic principle of separate legal identity has been re-affirmed more recently in the Court of Appeal decision in Adams v Cape Industries PLC[36]. In this case, the defendant company was a member of a corporate group with a UK parent company. The employees in its US subsidiaries were injured by inhaling asbestos dust and had successfully sued the subsidiaries in US courts. They applied to enforce judgement against the parent company arguing that Cape had been present in the USA through its subsidiaries as they formed a â€Å"single economic unit†. The Court declined to pierce the corporate veil and held that the â€Å"fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities†¦Ã¢â‚¬  The principle in the case of Salomon was upheld on the basis that the subsidiary companies had been legitimately formed and hence were separate legal entities distinct from the parent company. 5.1  The Directing Mind A registered company is a separate and distinct legal entity, a body corporate[37] possessing rights and made subject to duties being able to sue and be sued in its own right. In the case of Lennard’s Carrying Co Ltd v Asiatic Petroleum Co. Ltd[38], the court held that, â€Å"a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation†¦..† So we see here that the courts are willing to look behind the corporate veil as a matter of law so as to establish the directing officer behind the decisions and actions taken by the company. The directing mind of a corporation is the senior person whose authority is derived from the companys board of directors to perform the functions of the company as directed and for the benefit of the company.[39] In the course of business, such senior persons would then delegate their authority to other employees for the efficient running of the company in which case such employees’ actions or inactions would be considered as those of the â€Å"directing mind†. Lord Reid further went on to define the â€Å"directing mind and will† of the company as the person who acts for the company as he acts as â€Å"the company and his mind which directs his acts is the mind of the company.†¦Ã¢â‚¬ ¦. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.†[40] Therefore, this would mean that the â€Å"directing mind and will† of the company is any employee who performs certain functions for the corporation as long as he has the authority to do so and does not act outside his mandate in which case he will be held personally liable[41]. In Williams and another v. Natural life health foods ltd and mistlin,[42] the case of a small one-person company, Sir Patrick Russell in his dissenting judgment pointed out that â€Å"the managing director will almost inevitably be the one possessed of qualities essential to the functioning of the company†, but that in itself does not mean that the director is willing to be personally liable to the companys customers. Therefore to convict a company, the court will go behind the status of the separate legal entity distinction so as to establish the â€Å"directing mind and will† of the company controlling its activities[43]. However, it has been identified that the principle of limited liability can be subject to abuse and in the circumstances were there is statute will not provide justice or equity, the courts have in such exceptional circumstances disregarded the principle and held the shareholders or directors accountable for their decisions in the running of the company. The process in which the courts have disregarded the principle of limited liability is called â€Å"piercing the corporate veil† which is the main discussion of this document. 5.2  Tortious Liability The company is vicariously liable for any torts committed by its employees or agents whilst acting in the course of the official duties and ‘shall not be called into question on the ground of lack of capacity’[44] whilst the employee or agent remains the primary tortfeasor[45]. It is therefore clear that the â€Å"directing mind and will† can sometimes be personally liable for torts, for which the company is also liable, for their fraudulent acts though done on behalf of the company. 4.3  Criminal Liability The Barrow Borough Council case is thought to be the first prosecution of a local authority for corporate manslaughter. To convict a company of corporate manslaughter, the prosecution must prove the companys conduct, which led to the deaths, was the conduct of a senior person in the company—the directing mind (also often referred to as the controlling mind). In practical terms, this means that for a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter. The difficulty with these cases, particularly against larger companies with layers of management, is proving a causal link between the conduct (or lack of it) of the directing mind and the incident that caused death. 6.0  The Corporate Veil The corporate veil is the curtain that legally separates the company from its shareholders hence holding the company as having a separate legal personality and limited liability. In curtailing any abuses of limited liability and the protection of creditors to both small and group companies, the courts have in certain instances, though reluctantly, looked behind the corporate veil to establish the true intent of the controlling officers of the company. The courts have in the rare circumstances ignored the corporate form and looked at the business realities of the situation so as to prevent the deliberate evasion of contractual obligations, to prevent fraud or other criminal activities and in the interest of public policy and morality. Piercing the corporate veil has not been complicated in one-man companies were the owner is usually the director and hence the controlling officer as compared to group companies which have a layered structure. The controlling officer[46] will be held liable and asked to account for his actions so that the company can fulfil its financial obligations to its creditors in the event of company insolvency. In the case of Royal Brunei Airlines v Tan[47] made clear. 6.1  Lifting the Corporate Veil The corporate veil is a curtain that shields company shareholders and directors from personal liability by the principle of limited liability in the event of the company being insolvent and unable to fulfil its obligations. The lifting of the corporate veil concept describes a legal decision where the limited company shareholders or directors are held liable for the debts or other liabilities of the corporation contrary to the principle of limited liability. Whilst there is strict liability legislation to prosecute erring limited companies for statutory offences but were there is insufficient statutory protection, the common law remedy of piercing of the corporate veil is imposed by the courts so as to put liability on the controlling officer (directing mind) of the corporation. However, the courts have been reluctant to rebut the principle of limited liability and only in exceptional circumstances have they been willing to pierce the corporate veil to establish the true facts. In this way, certain individuals or parent-companies responsible for the company’s actions are held liable so at to account for their decisions as shareholders or directors. Generally, the UK corporate law holds that the shareholders, directors or parent-companies are not liable for corporate obligations of the companies or subsidiaries they control hence maintaining the principles of limited liability and separate legal corporate personality. The principles of separate legal personality and limited liability have been long recognised in English law[48] and that the shareholders or directors are not liable for the debts of the company as long as it is properly administered.[49] However, in exceptional circumstances[50], the courts have been prepared to look behind the company and establish the actions or inactions of the directors and shareholders using the process known as â€Å"piercing the corporate veil†. Piercing the corporate veil is the process whereby the court ignores the principle of corporate personality and holds the shareholders or directors liable for their actions so that they meet the company obligations in their personal capacities.  The courts will pierce or the â€Å"veil† were the corporate structure has been used as an instrument of fraud or to circumvert the law.[51] It has been argued that whilst the courts have used the doctrine of piercing the corporate veil though reluctantly, it is still not well understood leading to uncertainties in the legal process.[52] Some commentators have argued that the exceptional circumstances in which the courts have justified the piercing of the corporate veil is uncertain as evidenced by the number of contradictory decisions by the courts.[53]  Goulding[54] further argues that ‘it is not possible to distil any single principle from the decided cases as to when the courts will lift the veil’ due to the diversity of the cases, though they are more willing in cases of extreme abuse.[55] In the leading case on this subject, Solomon v Solomon[56] discussed above, the House of Lords maintained that â€Å"individuals could organise their affairs as they wanted and that if they chose to do so via incorporation they were entitled to the protection of limited liability as long as the incorporation was in accordance with the formal rules of the relevant legislation†. Though it is English trite law that the incorporation of a company protects the members from company liability by the principle of limited liability, there are both statutory and common law exceptions to the principle in cases of abuse of the corporate structure. 7.0  Statutory Exceptions Gower and Davies[57] argue that the courts are willing to lift the veil were statutory wording of a particular statute[58] is explicit as Parliament intended. The courts have resisted the temptation to pierce the veil because they consider it just to do so[59] though they are more willing in exceptional circumstances or were they feel that the shareholders or directors are concealing the true facts[60]. However, the courts have been reluctant to lift the veil were the statute does not specifically provide for it. There are various Acts which specifically provide for the lifting of the corporate veil and as such are strict and have to be followed. Following are a few examples of both civil and criminal liability imposed on limited companies. Companies Act 2006 sections 398 and 399 Group of companies Although each company is a separate legal person, section 399 (2) requires that the parent company prepares group accounts at the end of the financial year so as to â€Å"give a true and fair view of the assets, liabilities, financial position and profit or loss†. This Act looks at the group of companies as a ‘single economic entity’ and in effect lifting the corporate veil which goes against the principles of corporate personality and limited liability.

The Nestle Policy On The Environment Environmental Sciences Essay

The Nestle Policy On The Environment Environmental Sciences Essay Over the past several decades, significant progress has been achieved towards protecting the worlds environment. This objective remains a fundamental duty and a collective responsibility that must be shared between the public, governments and the private sector. As the World Food Company, Nestlà © is dedicated to providing consumers with the best food throughout life. Our Companys primary function is the transformation of perishable raw materials into finished products that meet consumers expectations for safety, quality, convenience, and value. From our earliest days, we have recognized the need to protect the environment in our business activities. Exercising this commitment, which is part of our broader commitment towards the good of the community, remains central to our business today and tomorrow. The Nestlà © Policy on the Environment was published in 1991 to define our world-wide strategy on environmental issues and to state our long-standing commitment to environmentally sound business practices. It is communicated internally within the Nestlà © Group and externally to all interested parties and institutions. Following its publication, the Nestlà © Environmental Management System (NEMS) was established to consolidate all environmental measures taken by the Nestlà © Group. The NEMS is being implemented across our entire business. Today, preserving natural resources and minimizing waste has become a part of day-to-day business for our employees and is an integral part of our strategy to achieve global competitiveness. The 1999 update of the Nestlà © Policy on the Environment reiterates our strong environmental commitment and reflects our priorities as we move into the new millennium. It also recognises developments in the international environmental arena. The application of the Nestlà © Policy on the Environment at every level of our operation forms an essential part of the Nestlà © Corporate Business Principles and enables us to contribute to sustainable development meeting the needs of the present, without compromising the ability of future generations to meet their own needs. Research Development Nestlà ©s research and development centers have two primary objectives: to create new products and manufacturing processes and to improve those that already exist. Along with product quality and safety, the conservation of resources and the preservation of the environment form an integral part of the development criteria for new projects. Research and development encompasses a wide range of environmentally-related activities with emphasis on: environmentally sound production techniques and sourcing criteria for agricultural raw materials; processing methods that minimize water and energy consumption, as well as waste g eneration; packaging designs that reduce total waste and enable environmentally sound disposal options while safeguarding product safety and quality; and innovative ways to recover by-products and thus generate secondary raw materials and energy. For important product or process innovation and renovation, Nestlà ©s research and development centers prepare an environmental impact study. This covers significant aspects in the product life cycle, from the sourcing of raw materials, through processing, to the packaged consumer product and the end-life of the packaging material. This study is carefully evaluated, in conjunction with detailed information on the potential manufacturing site, to ensure that new projects meet Nestlà ©s environmental standards. Of the 807 million Swiss francs spent in 1998 on Nestlà © RD throughout the Group, a good part went towards enhancing the wholesomeness of our products. Additionally, these expenditures improved our production process, created better packaging, and avoided waste and unwanted residues. RD Is Making a Difference As an example, significant progress has been made in recent years in energy and water intensive blanching and cooking operations. At the end of these processes water must be removed which resulted in wasted energy and raw materials vegetables or pasta for example. Now water is replaced by steam at low pressure. As a result, water consumption was reduced by 80% and product losses during cooking were more than halved. This means lower costs for energy and for wastewater treatment, while at the same time increasing the product yield by 6%. In another example, extraction residues from the production of chicory-based instant drinks, which were expensive to dispose of, have been turned into a valuable animal feed ingredient. A recent processing improvement for french fries showed product quality can be significantly improved while also saving energy. One conclusion of RD is that what is good for the environment is often synonymous with good industrial practice. Preserving Species The disappearance of many species and varieties of animals and plants is a reality. Over the past few years, this issue has attracted increasing recognition and much is being done today to preserve the earths biological diversity. Industry plays an important role in these efforts since many business sectors depend on natures diversity for their sustainable success. Nestlà ©, as the worlds largest single buyer of coffee and cocoa, lives up to its responsibility by developing the most advanced preservation techniques for many different coffee and cocoa varieties threatened by extinction. In addition, Nestlà © collaborates with public research institutes to share its experience and makes its results freely available. In the future, Nestlà © RD units are determined to build environmental protection into products and processes right from the start. High on the agenda are integrated farming techniques involving minimal use of fertilizers and chemicals, and recourse to biological pest control methods whenever possible. SUPPLY CHAIN Agricultural Raw Materials In general, Nestlà © is not directly involved in the production of raw materials. Wherever possible, locally available raw materials are used. They are either obtained directly from producers or purchased through trade channels. Nestlà © applies the following principles when sourcing raw materials: all raw materials must meet both legal and internal quality criteria, including limits on possible environmental contaminants; whenever possible, preference is given to raw materials that are produced by environmentally sound farming methods (e.g. integrated crop management); and; farmers are encouraged to apply sustainable farming methods and, where appropriate, are provided with assistance in crop production and dairy farming. Such assistance includes the provision of recommendations for the conservation of natural resources (soil, water, air, energy, bio-diversity) and techniques for reducing environmental impact. Manufacturing Manufacturing comprises all processes that are necessary to transform perishable raw materials into safe and convenient food products for consumers. Nestlà © strives to achieve optimal performance in its manufacturing activities, including the environmental aspects. As such, the manufacturing practices of the Group: respect natural resources by emphasizing the efficient use of raw materials, water and energy; minimize the use of environmentally-hazardous substances; continuously seek improvement in the efficiency of production facilities; and reduce waste generation and emissions as much as possible, consider recycling of waste a priority and dispose of non-recyclable waste in an environmentally sound manner. Regular environmental assessments of Nestlà ©s manufacturing practices are conducted to: evaluate factory performance; review factory compliance with applicable legislation and Nestlà ©s own standards; fully investigate incidents that could affect the environment and take relevant measures; and compare results with previous targets and set new improvement objectives. In addition, Nestlà © exchanges information on environmental protection technology and practices in order to ensure a wide use of best practices. Nestlà © encourages its contract manufacturers to use environmentally sound manufacturing practices. Environmental Performance of Our Factories Minimizing the environmental impact of our factories has always been a prime consideration. Therefore, we periodically review environmental performance of the entire Nestlà © Group. The results are very encouraging: Nestlà © has no major environmental problems. Nestlà © complies with relevant regulations or, in a few exceptional cases, has initiated action to do so. Measures taken are proactive and often anticipate future regulations. Many times, measures taken to improve the environment also reduce costs. These surveys also allow us to put concrete figures to our efforts: Over the past years, Nestlà © has invested an average of some 100 million Swiss francs per year in specific measures to protect the environment. This amounts to approximately 3% of total capital expenditure and includes only readily identifiable environmental investments. In addition, substantial amounts were expended as part of regular capital investment projects and factory environmental operating costs. Examples of these additional expenditures include environmental aspects related to factory construction and renovation, environmental training of personnel, and maintenance costs for wastewater treatment facilities. Recent Environmental Investment The factory environmental surveys are a valuable management tool which are periodically repeated as part of the Nestlà © Environmental Management System (NEMS). Water, Our Top Priority Nestlà © engineers and factory planners have pioneered wastewater treatment the world over. Whenever factories went up, often in remote locations of developing countries, where neither local expectations nor legislation required environmental safeguards of any kind, appropriate wastewater treatment was provided. Nearly 30 million Swiss francs have been invested annually over the past few years in wastewater treatment facilities. While we can be genuinely proud of these achievements around the world, we continue to upgrade existing plants and build new ones where necessary. Examples of Nestlà ©s substantial investments in this area are: As early as 1920 Nestlà © had constructed and started the operation of a wastewater treatment plant in Kempttal near Zurich. At that time it included a settling basin and trickling filter. 1932 saw the addition of a biological component which constituted Switzerlands first wastewater treatment plant operating with activated sludge, a principle still used today. An 80% reduction in water consumption of some cooking processes through an extensive RD project. A facility in Himeji, Japan, serving one of the largest instant coffee factories in the world, was rightly considered a model installation when it was built almost 30 years ago, and thousands of Japanese water treatment specialists have visited it over the years. A facility in Dongguan, China has established itself as a model for wastewater treatment. It too is visited regularly by Chinese wastewater specialists. Reducing Air Emissions Another important investment area is for air protection. The biggest environmental investments over the past few years went into the conversion of heating units from heavy fuel to natural gas. When these conversions can be used to install combined steam and power generation systems; impressive energy savings are achieved in addition to environmental benefits. Therefore, we favor these co-generation plants wherever feasible. Co-generation processes are much more efficient than conventional power plants and therefore usually lead to a significant, global reduction in both energy consumption and release of greenhouse gases. Nestlà © currently operates over 10 co-generation facilities throughout the world. Co-generation examples are: At the Nestlà © Gerona plant in Spain, the co-generation system, commissioned in 1991, reduced gas consumption by 3600 tons of oil, equivalent per year, and decreased overall carbon dioxide emissions by 8000 tons annually. The savings at the York factory in Britain, where a coal-fired boiler house has been replaced by a gas turbine co-generation plant, are very impressive. Carbon dioxide output was reduced from 131,000 tons per year to 59,000 tons per year. Additionally, sulfur dioxide emissions are completely avoided at the factory level (650 tons per year) and cut by more than half, from 1059 to 436 tons, at the level of the supplying national power station. Phasing Out Ozone-Damaging CFCs The characteristics of chlorofluorocarbons (CFCs) make them suitable for a wide range of refrigeration and air conditioning applications necessary for many of Nestlà ©s manufacturing processes. However, there is evidence that they contribute to the depletion of the stratospheric ozone layer. This has led to several inter-governmental agreements to phase out the use of CFCs. Nestlà © anticipated this phase out early and has established a detailed CFC phase-out program to replace CFCs used in industrial refrigeration systems with non-CFC alternatives. To date, Nestlà © has reduced its CFC emissions by more than 80% of 1986 levels. We are committed to continuing to address the issue of ozone-depleting substances and further improve these dramatic results. Recovering Solid Waste Landfills in many countries are rapidly approaching their limits, thus becoming a costly and cumbersome problem. However, Nestlà © has stopped looking at solid waste as part of the problem, but as part of the solution. Solid waste has become a valuable raw material when recycled, composted or used for fuel in energy recovery processes. Coffee grounds, which are a by-product of instant coffee manufacturing, is a case in point: Much of the investment related to solid waste is earmarked to build coffee ground energy-recovery systems that use the coffee grounds energy value to produce steam for our factories. In Raja Muda, Malaysia we installed this state-of-the-art machinery, the first of its kind in Asia, outside Japan. Now coffee grounds are used as fuel. Thus, for every 100 tons of coffee grounds we save the equivalent of about 40 tons of fossil fuel. The decision to develop and install this energy-recovery system is typical for how Nestlà © anticipates problems and pioneers solutions. Additionally, in some markets factory solid wastes are composted to produce a high quality soil amendment product. In some cases this product is packaged and sold for use as a 1natural fertilizer. In New Milford Connecticut, USA Nestlà © built a state of the art composting facility that processes both solid and liquid wastes, sludges, and by-products from its local factories, co-packers, and distribution centers. Additionally, the composting facility provides a solution to the local community for disposal of landscaping and gardening wastes, which are banned from landfills in that area. This facility recycles more than 50,000 tons of waste materials annually, preventing them from going to landfills. Packaging Packaging serves a major role in our daily lives. It protects food products from spoilage and ensures safety from manufacture through storage, distribution and consumption. Packaging may also provide tamper-evidence features. It communicates information, including nutritional information and serving instructions, and provides the convenience demanded by todays consumers. Nestlà © is committed to reducing the environmental impact of packaging, without jeopardizing the safety, quality or consumer acceptance of its products. It is Nestlà ©s objective to develop safe and wholesome packaged foods using the most efficient and appropriate packaging materials available, while, at the same time, satisfying consumer requirements and expectations. Nestlà © seeks packaging solutions that: result in the lowest possible weight and volume of packages; take into account new packaging materials and processes that reduce the impact on the environment; avoid the use of substances that can adversely impact the environment during packaging production and disposal; decrease packaging waste at all stages, including package manufacturing, use and disposal; increase the use of recycled materials wherever possible; and increase the recyclability and compatibility of its packages with existing packaging waste management schemes. Regular assessments of Nestlà ©s packaging are carried out and action plans are implemented. Nestlà © supports industrial and governmental efforts to promote integrated waste management that takes into consideration matters such as source reduction, reuse, recycling, composting, energy recovery, and landfill. Nestlà © encourages suppliers of its packaging materials to adopt sound environmental practices. Packaging Source Reduction Packaging waste is one environmental issue that affects the entire consumer goods industry. However, the gap is wide between reality and perception: While food packaging accounts for less than 1% of total solid waste in most countries, it is highly visible to consumers. Even if the problem of food packaging is small in relation to overall environmental problems, it is nevertheless an important issue for Nestlà ©. The most direct opportunity to reduce the scale of the problem is to use as little material as possible. This is not a recent effort by the food industry. Over the last four decades, between the 1950s and 1990s, the weight of a glass milk bottle has been reduced by 36%, a steel food can by 66%, and an aluminium beer can by 81%. Even though packaging source reduction has always been a consideration, we decided to reinforce these efforts in a more systematic way. The first world-wide environmental packaging survey was completed in 1991 for the Nestlà © Group and has been repeated annually ever since. The last survey revealed that by the end of 1998, Nestlà ©, without compromising product quality, reduced our use of packaging materials by nearly 150,000 tons compared to 1990. These reductions resulted in savings of approximately 250 million Swiss francs. Cumulative Reductions in Packaging Materials Examples of Packaging Source Reduction A few recent examples that underline Nestlà ©s efforts: In Australia the Easter Egg Novelty cartons were reduced in size by altering the design to provide support for the egg. The new design resulted in a 31% reduction in use of paper board. In Pakistan the Nestlà © NIDO package, which consisted of 4 bags in a display box, was replaced by an aluminium stand-up pouch. This resulted in a 39% reduction, or 47 tons, and saves 290,000 Swiss francs per year. In Indonesia the Nestlà © Dancow 200 and 400g display boxes were reduced in size by 18 and 25%, respectively. This resulted in a waste reduction of 38 tons and saved nearly 100,000 Swiss francs per year. In Columbia the display box for Maggi bouillon tablets was eliminated. This resulted in a reduction of 303 tons of packaging material and represented a savings of over one million Swiss francs per year. While important progress has already been achieved, we strive to continuously identify opportunities for further reduction. Distribution Distribution of products from the factory to the customer involves transport and storage. Efficient management of the distribution system is essential to preserve the safety and quality of Nestlà ©s products, to ensure a high level of customer service, and to meet its commitment to environmentally sound business practices. To this end, Nestlà ©: selects appropriate transportation modes, with particular attention given to optimum unit loads (pallets), vehicle-capacity utilization, route planning, and consolidation with outside partners, scheduling, and fuel conservation; optimises warehouse and distribution center locations and environmentally efficient operational systems; and identifies and implements measures to reduce energy consumption and waste. Nestlà © encourages its distribution service providers to use environmentally sound practices. Distributing our goods from factory to retail centers consumes some 400 million liters of fuel each year. While we undertake every effort to reduce this, it is useful to put this figure into perspective: the distribution of 10 kg of our products from factories to retail outlets in Europe requires an average of 0.25 liters of fuel. To transport the same amount from the supermarket to home, consumers burn, on average, one to two liters of fuel. Efficient Container Loading Improving transport efficiency benefits the environment, but it also makes economic sense. Seemingly simple measures, such as replacing bulky wooden pallets by thin, carton-type slip-sheets, have the potential to save more than 600 international truck journeys a year in our European operations alone. Optimizing shipping cases to fill transport vehicles without leaving gaps between differently shaped containers, together with optimal route planning, Nestlà © has already achieved substantial savings. Pioneering Rail Transport In countries with competitive railways, moving goods from road to rail is an effective option to reduce road congestion. For example: Vittel has developed a specially adapted block train concept to supply its regional terminals in France. Vittel transports nearly half of its production, or over 930 million bottles per year, by rail. Our Swiss, and later the Austrian subsidiary, convinced the railways to offer overnight trains to bring goods from the national distribution centers to terminal stations for local deliveries by road. Marketing Marketing is based on the principle of satisfying consumers needs. The overall trust of consumers in Nestlà ©s brands and products comes from a quality image that has been continuously strengthened for over 130 years. Nestlà © strives to increase this trust through its commitment to environmentally sound business practices. For this reason, Nestlà ©: opposes short-term, opportunistic green marketing that can mislead the consumer; bases environmental claims in advertising, promotional material, labelling, and corporate communications on solid scientific evidence; and selects materials and printing methods for merchandising materials such as consumer offers, in-store promotions, display materials, leaflet, and printed materials in light of environmental considerations. No Green Marketing Nestlà © adheres to the Code on Environmental Advertising established by the International Chamber of Commerce. This Code is based on the principle of self-regulation and self-discipline and is intended to assist companies in making responsible use of environmental claims in advertising. Sustainable Development For Nestlà ©, respect for the environment is part of a broader perspective on sustainable development. Nestlà © has adhered to The Business Charter for Sustainable Development of the International Chamber of Commerce (ICC) since its publication in 1991. Measures for environmental protection often trigger beneficial economic and social effects, and vice-versa. Since the Rio Summit in 1992, all of society, be it governments, industry, NGOs or others, have tried to translate the sustainable development concept into reality. As part of this effort, we participate in the work of several organizations dealing with this subject: For example, we are a founding member of the World Business Council for Sustainable Development (WBCSD) in Geneva, and we contribute actively in the Working Group Sustainable Development in the City of Vevey. Nestlà © Working with Communities South Africa Nestlà © is supporting several community-based organizations in putting sustainable development into practice. Recently, in South Africa, we have given support to Eco Link and LEAP to finance and help manage programs which clean up the environment and improve hygiene in rural areas. The Eco Link project is aimed at providing assistance through education. People are taught to collect litter such as paper, cardboard and cans, which when put in a trench and covered with a compost can then be used to plant vegetables. The litter provides the necessary drainage and moisture retention. The project has dual advantages: it cleans up the environment and provides fresh vegetables for the family, as well as providing an income when surplus food is grown. This program is now being presented to school children who are encouraged to grow small gardens at school. In rural areas water supply is a major problem. Women can spend almost 5 hours a day collecting water for the home. In addition, the springs from which they take the water are often used by animals and can be polluted. Nestlà © is taking part in a project to help villagers establish a supply of clean water near to home. People were taught how to identify sources of underground springs and to channel rain water and store it in reasonably hygienic conditions. The team taught villagers how to construct a tank to catch the rain water using corrugated iron and wire mesh as a mould which is then plastered with a cement, stone and sand mixture. With a wooden cover on top and a tap at the base the villagers have the means to store clean, drinkable water. Information, Communication Training Nestlà © provides information on its activities, including those related to the protection of the environment. Within this context, Nestlà ©: communicates its environmental efforts, both inside and outside the Company, to build understanding concerning its environmental commitment; fosters strong environmental awareness and responsibility among its employees through training programs; and shares environmental information with governments, local communities, industry, consumers and other interested stakeholders. We do this through a wide variety of means. For example, our factory environmental surveys involve thousands of people at all levels, from top management to the factory floor. These practical exercises are reinforced by in-house magazines, specialized newsletters, and videos. To help educate the public, Nestlà © works with organizations that produce films on environmental issues, sponsor re-forestation programs, or create educational materials for the public. These activities are also important to our role in sustainable development. At our international training center in Switzerland, environmental issues are now a regular part of courses attended by Nestlà ©s international executives. These efforts are multiplied by countless training sessions organized by our Group companies. Internal communication and training are a priority for Nestlà ©. As a people-driven company, employees are our most important asset. Thus, we emphasize all measures that help them act in an environmentally responsible manner.

lord of he flies :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Over a month ago a tragic incident occurred that tested the unity of this country. Terrorist attacks tested the will power and the strength of all. On September 11th the Osama Bin Ladens of the world committed an evil act that attempted to destroy all. Americans were disturbed mostly because the people who committed these acts are human like the rest of us, meaning basically everyone is capable of causing such a disturbance. William Golding came to the same conclusion in his book Lord of the Flies. Throughout his novel, Lord of the Flies, Golding illustrates mans inhumanity to man.   Ã‚  Ã‚  Ã‚  Ã‚  Using conflict between characters, Golding shows how easy it can be for innocents to become evil. First of all, Roger throws stones at Henry. Henry plays on the beach quietly, and Roger hides behind the trees and chooses stones to throw at Henry. Henry never does anything to deserve it, but Roger throws them anyway. Golding writes, â€Å"This side and that the stones fell, and Henry turned obediently but always too late to see the stone in the air†(62). Roger shows cruelty to Henry and several other littluns. Jack also shows ruthlessness to other boys on the island. For example, Jack breaks Piggy’s glasses. As Piggy takes a step forward to talk to Jack, he smacks Piggy’s head. Piggy’s glasses fly off and shatter onto the rocks. This action makes one of his lenses break, which causes Piggy, blind in one eye. Jack does this out of pure evil in hopes of releasing his anger. At this part of the novel acts of evil increase in the boysâ€℠¢ actions.   Ã‚  Ã‚  Ã‚  Ã‚  Using conflict, Golding again attempts to demonstrate mans capability to lose sight of what’s important. The boys destroy their own friendships for no reason at all. Maurice kicks sand in Percivals’ eyes in hopes of harming him in some sort of way. Maurice does this out of pure anger, choosing to release his anger on Percival, who did nothing to deserve this. Maurice at the time was acting on his feelings: â€Å"†¦laughing, and add[ing] to the destructionâ€Å"( ). Jack also demonstrates the same kind of evil that Maurice does. Jack reacts on his feelings by punching Piggy out of pure jealousy. Piggy, was given the gift of intelligence, a gift Jack wishes he had. Jack then uses his insecurity to destroy Piggy’s self-image in hopes of boosting his own. Piggy does nothing but try and help out the boys by using his knowledge and sense of humanity, but the boys can’t simply deal with the fact that there is much more to Piggy than his appearance, and they show only cruelty to him.

Macbeth Appearance Vs Reality Essay -- essays research papers

In real life, we should not judge people solely on their appearances. There are many people who appear to be trustworthy but in reality, are not. Appearance versus reality is an important theme in William Shakespeare’s Macbeth. The theme focuses on characters who are deceived by what appears to be real, and on the tragic consequences that follow this error in judgment. These characters include, Duncan, who trusts Macbeth too much; Lady Macbeth, who tricks by the witches and herself; Macbeth trickes by other people in the play.   Ã‚  Ã‚  Ã‚  Ã‚  King Duncan trusts Macbeth too much. Macbeth appears as a super hero and faithful to King Duncan. He fights against the traitor Macdonwald, and he helps the king to solve a great problem that is won the war. Duncan trusts Macbeth very much because of Macbeth’s heroic efforts and he gives Macbeth a title Thane of Cawdor. Actually Macbeth is not that faithful to the king, he has the ambition to be the king when he hears the prophecies from the three witches. After Macbeth back to his castle, he plans to kill Duncan with Lady Macbeth, but Duncan doesn’t recognize this and goes to Macbeth’s castle to visit him. When he just gets in he says something very important: Duncan says, “This castle hath a peasant seat; the air/ Nimbly and sweetly reconnends itself/ Unto our gentle senses.'; (Act I, Scene 6, Lines 1-3) This quote shows that Duncan like Macbeth very much even he feels that Macbeth’s place is comfortable for him. Duncan never suspects the trustworthy of Macbeth and never does anything to guard himself. Macbeth kills Duncan easily. Therefore Duncan has deceived by Macbeth’s appearance.   Ã‚  Ã‚  Ã‚  Ã‚  Lady Macbeth tricks by the three witches. When Macbeth tells Lady Macbeth the prophecies from the three witches. Lady Macbeth thinks that it will be terrific for her to be a queen when Macbeth becomes the king. Lady Macbeth persuades Macbeth to kill king Duncan, and this action causes Macbeth to start his first crime. Lady Macbeth becomes sleeplessness, nervous and she kills herself. The witches’ appearance lets Lady Macbeth to her death ending. Lady Macbeth also tricks by the appearance of herself. In the beginning she thinks that she should persuade Macbeth to kill Duncan. When Lady Macbeth knows about the proph... ...ese lines Lady Macbeth shames Macbeth’s manhood by saying that everything is ready, they have the chance to kill the king, Macbeth should give out weakness like her and if Macbeth is a man he should kill the king. Lady Macbeth seems to telling him the right thing he should do and Macbeth listens to her, and does his major crime that is killing the king. Therefore Macbeth judges people in their appearance and led him into a tragedy.   Ã‚  Ã‚  Ã‚  Ã‚  According to the examples of the three characters in the play Macbeth who are deceived by the appearances of other characters, therefore the theme Appearance versus Reality is an important theme in the play. This theme focus on characters having error in judgment with the appearances of other characters, and deceived by other. This error of judgment let them in to tragedies. This theme is also very important to us and other people in our daily life, and I have known some of my relatives and friends who had also tricked by other people. Base on my knowledge from the examples of characters in the play, we should never judge people by their appearances, and I believe that time can clearly show the reality of people.

Knights Tale Essay

Anthony Slaughter 10/27/11 The Knight’s Tale Essay In the beginning of the movie Will is just a peasant, squire but by the end of the movie, upon finding his newfound talent of jousting, he transformed is his social status from peasant to royalty by becoming a knight. In the beginning of the movie, The Knight’s Tale, William Thatcher and his two friends, Wat and Roland, start off as three ordinary squires. Right before a jousting match their knight that they serve dies; with their knight dead there is no one else of royalty to ride in his place. However, with the threat of forfeiting approaching, William decides to ride in his knight’s place, risking being caught and put to prison or worse. Once Will was done getting ready for the joust, it was time to see what he could do and to the surprise of Will, Wat, and Roland he had won the joust. After winning, they received prize money in which they divided up among themselves. Wat and Roland wanted take their share of money and go to the bar, but Will had other plans. Will convinced them to put all their money together and train him to become a better jouster. Wat and Roland agreed and they began to train Will; after a while of training and practicing Will got it down, yet the one thing he didn’t have was documentation that he was born of royalty, which was the only qualification of becoming a knight. Luckily, one day while traveling they came across a man named Geoffrey Chaucer, he was a writer/scribe who had a gambling problem and because of his problem he had lost his cloths and was completely naked on the road. Chaucer promised to create documentation for Will, if Will clothed, fed, shoed, and let him travel with them. Will agreed and all four of them were off to their first jousting tournament. At Wills first tournament, he competed in joust and in sword fighting. Also at this tournament he saw a beautiful woman who peeked his interest, her name was Joseline. Will jousted first and did very well until he faced the cocky and undefeated, Count Adhemar who had mocked him and made him look like a fool in front of Joseline. Will competed in swords next, winning first prize in the competition, but Will was not happy because all he wanted to do was beat Adhemar in jousting, which meant Will had to invest all his time into jousting to have a chance to meet Adhemar in the jousting championships. With his goal in sight, Will began winning all the tournaments he competed in, making his name known throughout Europe. His new armor forged and crafted by the women blacksmith, Kate, who now traveled with them, helped him win his tournaments because of its lightness and strength. Joseline also noticed Will, not because of the fame he had earned but because of her unannounced love for him and invited him to a dance after one of his wins, and their love for each other grew from there. Because of Will’s success he was able to move on to the championships, which took place in his hometown. While in his hometown, Will searched and located his father, John Thatcher who he had not seen in 12 years. Unfortunately, Adhemar watched Will try to sneak out. That next day, before the joust with his adversary, Adhemar, Will was arrested for using fake documentation that said that he was born of royal blood. However, Prince Edward, who had great respect for Will because Will didn’t forfeit the jousting match to him just because he was the Prince, was in the crowd with his personal bodyguard. Prince Edward said that Will was a descendant of ancient royalty, freeing Will. The Prince then knighted Will, enabling him to compete in his jousting championship match between Adhemar. When the match started, Will jumped to a quick lead, Adhemar didn’t like that so he decided to use a lance with a solid, metal tip to intentionally hurt Will†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Characterization is the process by which the writer reveals the personality of a character. There are two ways the author can reveal characterization, direct characterization and indirect characterization. Direct Characterization tells the audience what the personality of the character is. Indirect Characterization shows things that reveal the personality of a character. In the movie the author uses indirect characterization by describing Will’s personality through his actions and choices he makes throughout the movie. One example is at the end, when Will still goes out to joust Adhemar, instead of trying to run away, even though he knows he will most likely get arrested. Will’s act in this situation showed his heart, determination, and relentlessness to complete his goal of defeating Adhemar. Will’s personality led him to follow morals such as bravery, determination, respect, and chivalry. Through these morals Will learned some lessons. Will learned the chivalry of a knight, when jousting Prince Edward, he learned respect when he fell in love with Joseline. Through these lessons he became a noble and honorable man, far different than the peasant life he once lived.

Tb leadership

Many leaders forget that business is about values, not Just economic performance. Moral leadership doesn't mean ignoring profit and loss, stock price, production costs, and other hard measurable facts. But it does require recognizing the Importance of moral values, human meaning, quality, and higher purpose. Despite the corporate realities of greed, competition, and the drive to achieve goals and profits, leaders can act from moral values and encourage others to develop and use moral values In the workplace. 0 2. How does a leader find the courage to step through fear and confusion, to act despite the risks Involved? All of us have the potential to live and act courageously, If we can push through our own fears. Most of us have learned fears that limit our comfort zones and stand in the way of being our best and accomplishing our goals. We have been conditioned to follow the rules, not rock the boat, to go along with things we feel are wrong so others will like and accept us.There ar e a number of ways people can unlock the courage thin themselves, including committing to causes they believe in, connecting with others, welcoming failure as a natural and beneficial part of life, and harnessing anger. 180-185 3. What is the concept of servant leadership described by Robert Greengage? According to Greengage, servant leaders: 1) put service before self-interest; 2) listen first to affirm others; 3) inspire trust by being trustworthy; and 4) nourish others and help them become whole. Servant leaders truly value and respect others as human beings, not as objects of labor.

How and Why Is the Grotesque Used in Tennessee Williams’ a Streetcar Named Desire Essay

Throughout this semester, we were introduced to varying degrees of literary styles and themes. From the epiphanies discovered through American Realism, to the skepticism explored through Literary Modernism, to the conflicts of social conformity and individualism approached by a Post-Modernistic America and its writers. We have had the great opportunity of being exposed to individuals who questioned and pushed the boundaries of creativity and expression. Tennessee Williams was an author and playwright who balanced the enigmatic, macabre, and often cruel disintegration of his characters with a poetic grace. He became the keystone of a style that is known as Southern Gothic. A Streetcar Named Desire became the quintessential manifestation of the grotesque through the unraveling of the â€Å"Old South†. More specifically, his themes on the conflict between the â€Å"sensitive, non-conformist† individual against conventional society, the disintegration of the southern woman, and the divergence between southern gentiles and northern brutality to which all of Williams’ characters contributed to in some degree. The grotesque style of literature supplies the reader with a historical as well as social perspective. This provides a metaphorical reference to the â€Å"dying† South and the struggle to exist against the progressive ideals of the North, all the while, fraught with trying to keep the Southern identity and dignity intact. It is stated that â€Å"A common description (of the grotesque) has to do with causation: Southern grotesque is often said to be the literary aftermath of historical misfortune. (Presley 37). If we take into account the surrounding setting of the play, â€Å"†¦a two-story corner building on a street in New Orleans which is named Elysian Fields and runs between the L & N tracks and the river (Elysian Fields is a New Orleans street at the northern tip of the French Quarter, between the Louisville & Nashville railroad tracks and the Mississippi River. In Greek mythology the Elysian Fields are the abode of the blessed in the afterlife. ) The section is poor but, unlike corresponding sections in other American cities, it has a raffish charm† (Klinkowitz & Wallace 2187), the reader is thrust into the ensuing chaos before any of the characters are even introduced. Williams was very particular about each detail with regards to the style in which he was writing. The drama is not only a result of the surroundings, but is a symbiotic portrayal of the daily lives that exist within the grotesque. â€Å"The disorders are threefold: narcissism, familial conflict, and dream- like confusion†: (Presley 37). The Southern Gothic, grotesque style of writing can best be characterized by the profound ability of an author to evoke feelings of disgust while contrarily evoking feelings of compassion among his/her audience as well as between the characters within the work. These emotions are presented and contained within, what seems to be, a lost individual. This character may also display traits of incontinence due to physical or mental incapability. â€Å"Literature of the grotesque, according to the authoress, is distinguished by a moral or theological vision not usually associated with realistic works. Freaks appear in her fiction, she said, to reflect quite simply what man is like without God† (Presley 38). In keeping with the grotesque, Williams’ A Streetcar Named Desire stretched the boundaries of this theme through the representation of the disintegration of the southern woman. By exploring the torrid longing of his character, Blanche Dubois, and her desires and fears. â€Å"Grotesque writers are â€Å"faced with the reality that they live in an age whose distortions function as indicators of how far man has drifted from his true image as a creature of God. In this vein, Williams explores the corruption of mankind, along with its difficulties in reconciling its primal nature with the rules of society: Blanche’s charm and beauty is overridden by her alcoholism, nymphomania, and general debauchery† (Presley, 1). Blanche DuBois provided the extreme case of what it is like to lose yourself. Blanche was â€Å"Deceptive, dishonest, fraudulent, permanently flawed, unable to face reality, Blanche is for all that thoroughly capable of commanding audience compassion, for her struggle and the crushing defeat she endures have the magnitude of tragedy. The inevitability of her doom, her refusal to back down in the face of it, and the essential humanity of the forces that drive her to it are the very heart of tragedy, No matter what evil she may have done, nor what villainies practiced, she is a human being trapped by the fates, making a human fight to escape and to survive with some shred of human dignity, in full recognition of her own fatal human weaknesses and increasing absence of hope† (Crandell 93). The obscure relevance to her deceptions are only a portion of why Blanche represents the grotesque. Her necessity to cling to the â€Å"old† southern ways (with a â€Å"death grip†) allows her to cling to her own sanity. She exudes narcissism to the fullest extent, but is unable to see the damage that it is causing to herself and the people around her. In the very first scene, Blanche describes the loss of Belle Reve. She goes on to embellish the loss as a personal encounter with death, to which she is the only witness to and the only effected party: â€Å"I, I, I, took the blows in my face and my body! All of those deaths! The long parade to the graveyard! Father, mother! Margaret, that dreadful way! So big with it, it couldn’t be put in a coffin! But I had to be burned like rubbish!†¦. And, oh, what gorgeous boxes they packed them away in! Unless you were there at the bed when they cried out, â€Å"Hold me! † you’d never suspect there was the struggle for breath and bleeding. You didn’t dream, but I saw! Saw! Saw!†¦. † (Williams 2193). This description was a faint cry for compassion or an attempt to restore the relationship with Stella, but through a premeditated state of self preservation. The grotesque narcissism with which she approaches the loss of the estate and their relatives only happened to her. It is this over dramatic perception that reinforces the author’s emphasis on the Southern Gothic or grotesque style apparent throughout his play. The culmination of the loss of Belle Reve, her husband’s suicide, and, later, her dismissal from her job, could have contributed to her current state. But it in the end, she chose not to face her demons, she opted to hide behind the ruse of entitlement associated with old Southern Society that proved to be her ultimate demise. â€Å"If there is any character in modern dramatic literature whose identity is bound up in such fantasies and sees erself as unique, special and entitled, it is Blanche DuBois, whose very name conjures up images of French, chivalric romances. Furthermore, it is clear that she identifies with the role of the â€Å"Southern Belle† and, in fact, retreats to memories of herself as â€Å"Southern Belle† when confronted with death and trauma. Ironically, from Blanche’s point of view, although the â€Å"Southern Belle† is fundamentally superior, she is also, simultaneously, a vulnerable, even fragile figure, in need of constant attention and care, dependant on others. (Ribkoff & Tyndall 327). The reason why the grotesque is so important to the decline of the Southern woman, and this particular character, is because there is this realization that there are no happy endings. Blanche is happy to wallow in her own self destructions and with this she is libel to take down everyone within her distinct vicinity. Blanche’s character is deprived of the one thing that she longs for which is love and by reaching for the facade of the Southern Belle, she does more damage because she is the complete antithe sis of the Southern Belle. There is also a lot of symbolism associated with Blanche’s decline. Throughout her short time at her sister’s apartment, it is evident that she was taking a lot of baths through the progression of the story. As more information gets divulged about what really happened in her past, it is almost as if she is trying to maintain that she is a Southern Belle. She is trying to convince herself that she is still clean or that she can wash away her past through her frequent bathing. There is also the issue of light. Blanche does her best to conceal herself from the light of reality by placing paper lanterns over lamps to soften the light â€Å"So, too, in A Streetcar Named Desire, Blanche is described (in the same stage direction! ) as both attracted to and repulsed by light. On the one hand, she is described as moth-like in appearance. Comparable to the moth, she is strangely attracted to that which has the power to destroy her. On the other hand, â€Å"her delicate beauty must avoid a strong light†. To avoid it, she dresses naked light bulbs in paper lanterns, and when she goes out, with Mitch for example, it is always at night. † (Crandall 95). This pertains to her willingness to escape reality and is yet another way that Williams exhibits the grotesque through his writing. In further examination of Blanche, her dependency on men is another portrayal of the grotesque. She is constantly looking for and acquiring the affections of men and seems to feed upon the generous nature of Mitch, Stanley’s friend. Here we see the grotesque outlined in the form of female dependence on the male figures in their lives. At one point, Blanche rejects the union of her sister with that of the abusive Stanley Kowalski. She fantasizes about an alternative life with the financial support from Shep Huntleigh, but this still emphasizes a need for the support to exist from a male figure. Even though this wouldn’t be a stable situation for Stella, this would free her from her dependency on Stanley. This reiterates the progression from the old to the new south, but isn’t a source of stability for Stella. She still needs to rely on Stanley and in doing so we see the indignity of the human spirit due to sacrifice. It is also a theme of Williams’ that the removal of the simply â€Å"country† life, and into the throngs of a bustling city, create the setting for the grotesque situations that these characters find themselves in. Williams thought that in moving away from the country life, we are separating ourselves further from the life that God had intended us to live. There is a quiet simplicity that is associated with working the land in the country and in moving to the trappings of a large city, there is room for trouble. This is also apparent through the loss of Belle Reve. When Blanche falls into misfortune and loses the house, she is forced into a life of less prestige and honor. She loses her job as a teacher due to moral discrepancies, she is called on at the hotel that she is staying at by many men, and she is forced to move in with her sister in New Orleans. This transition represents a removal of all that is decent and good with humanity and confines us to the â€Å"cramped† quarters of a city where we lose ourselves. Stanley Kowalski’s character impresses upon the reader an animalistic quality that can only be implied to represent the conflict of the divergence between southern gentiles and northern brutality. â€Å"As much as Blanche is the representative of dreams, Stanley is the emissary of quotidian reality. His Napoleonic Code and the State of Louisiana are the realistic counterparts to Blanche’s more ephemeral Belle Reve. Whereas Blanche values civilization and its refinements-art, poetry, and music-Stanley indulges in more primitive pleasures-eating (bringing home meat from the kill); drinking, to the point of intoxication; and sleeping with women. He knows what his pleasures are and indulges them, often to excess. He enjoys life to the fullest-â€Å"be comfortable is his motto†. In his drunken paroxysms, he easily forgets himself, and becomes one with his buddies. He is, for the most part, spontaneous and unselfconscious† (Crandall 97). In the climax of the play, we bear witness to Stanley’s submission to the atavistic urges and northern brutality by the rape of Blanche. As the story progresses, Mitch (Stanley’s friend) exhibits how the loss of the Southern Gentile adds to the grotesque setting with which all of the characters exist in. At the end of the play, we are made aware that Blanche is being committed to an insane asylum. As the Doctor starts to take Blanche away, Mitch had an opportunity to intervene, but he didn’t. He felt a great deal of sympathy for Blanche, but chose to not act on those feelings and instead Blanche is committed. The reason that this is such an important example of the loss of the Southern gentile was because he had the opportunity to act and didn’t step up to defend Blanche. Southern gentiles are all about honor and dignity. With the loss of these important qualities within him, he has just let Blanche succumb to the darkness that has shrouded her since she arrived at Stella’s apartment. Even though Blanche didn’t see the hero within Mitch, they had a bond between them. They were both looking for love and for someone to take care of them. With him not coming to her rescue, the true Mitch is presented-a person who is devoid of the heroism that Blanche so desperately needed. On the conflict between the â€Å"sensitive, non-conformist† individual against conventional society, we have to re-examine Blanche Dubois. From the beginning of the play, we are well aware of Blanche’s â€Å"sensitive, non-conformist† characteristics. She is someone who was unwilling to uphold he civilities that should exist within each person. In her having tarnishing relations with a pupil of hers, she sacrifices the only thing that she had left- her dignity. â€Å"However defensive Blanche becomes, from the moment she enters the stage until the moment she leaves it, she is in search of direction and empathy or â€Å"kindness† of others in order to work through the traumas of the past and present. Ultimately, this search for understanding is he main reason she comes to New Orleans and not simply for a place to stay† (Ribkoff & Tyndall 327). The climax of the grotesque within this play seems to come as a result of Blanche’s sensitive, non-conformist attitude towards life. Her inability to accept responsibility for her current situation is the catalyst to the way that Stanley shows no tolerance for her. Stanley’s brutalities, along with his intolerance for Blanche’s current state of mind, clash to create the ultimately grotesque act of rape later in the play. â€Å"Many critics believe Stanley’s rape of Blanche precipitates her descent into madness. According to Mary Ann Corrigan, this descent is part of the overall trajectory of the play: â€Å"in each of the [play’s] 11 scenes Blanche moves inexorably closer to the disintegration of her mind and the total rejection of reality† (Humanit 334). After the disintegration of the world that Williams created in A Streetcar Named Desire, we are left with the overwhelming themes of the struggle for human affection, dignity, and resolve. Through this in-depth dissection of the characters, plot, and settings, emerge the themes that exemplify the Southern Gothic/grotesque style of writing.