Analysis Of Cultural Imperialism With Hollywood Films Media Essay

Analysis Of Cultural Imperialism With Hollywood Films Media Essay With the rising of electronic media, in the 1960s scholar Marshall Mcluhan raised the notion of global village, which provides a common platform of random communication without physical and geography distance for worldwide people. In this perspective, this kind of information circumstance will enforce everyone globally to be the participant of, and struggle for a same strategy, because we are inevitably connected with each other (Mcluhan and Quentin, 1967). In the rest years of twentieth century, with the assistant of advanced technology and high-developing economy ¼Ã…’the whole world seems to increasingly move forwards to the global village in nature. The concept of globalization, to some extent, already gradually rooted in peoples mind. In the process of globalization, in generally, two primary constituent parts cannot be neglected. One is the distance between time, space and place has shrunk (Giddens, 1990; Harvey, 1990; Rantanen, 2005), which is owing to the technological adv ances, such as electronic media, instantaneous communication that enable people to realize interaction over the boundaries of country and time, which is also the precondition of the realization of globalization. In this sense, the global communication systems prompt the instant currency of capital and offer possibility for the expansion of production and marketing strategies. The other one concerns the content of the communication. With the help of telecommunication technology, the diffusion of media products have surpassed the country border. By the way of music, press issues, films and broadcast channels, the images, thoughts, and sounds of different cultures are mutually flowing among a vast network of people in the worldwide sphere. For this, the project of globalization refers to the communication and incorporation of culture from different areas. In addition, the globalization of mass media, especially, aims to the content of cultural products can be obtained globally (Croteau and Hoynes, 2003). In this sense, confronting the problem of the promise and reality of media globalization, researchers respectively hold different viewpoints. Among these debates, an important discourse called cultural imperialism, which is resulted from the worry of the inequality of global media ownership, control consumption and content, should be highlighted. A number of scholars, because of the superiority of Western media products on the consumption marketing, claim that media globalization equals cultural imperialism, and convey deep concerns with globally cultural homogenization and standardization. Especially, accompanied by the globally prevailing consumerism, traditionally national cultures of each country all have the possibility of being unified into a common global commercial culture system. The most typical evidence is the export of American cultural goods in the range of whole world. As we can see, Coca-Cola, IBM, Levis, and Hollywood films, these global brands ar e all produced by the U.S.. However, there are still a part of socialists understandably suspect the discourse of cultural imperialism on the concept of culture and the confusion of cultural goods and ideological effects (Tomplinson, 1999). On the Basis of the controversy over the discourse of cultural imperialism, in this essay, I intend to through the analysis of concrete and weighted American media product-Hollywood films, research whether so-called cultural imperialism can work under the condition of consumerist culture, which appeared as the key representation of cultural homogenization. The focus of part 1 is the literature review of the details of cultural imperialism, which involving its original definition, critique and impacts. Based on the theoretical analysis of cultural imperialism in part1, the next section will associate with specific data and text analysis, to examine the relative statement of cultural imperialism. In the last part, I will point out my own discussion over the cultural imperialism, and conclude the limitation. The Discourse of Cultural Imperialism Before moving to the main argument of this paper, it is necessary to define the notion of cultural imperialism. As early as the first decade of the nineteenth century, Lenin suggested the concept of imperialism. In his perspective, the term of imperialism was closely linked with economy, and we can regard it as the highest form of capitalism. ( Lenin, 1939). He pointed that at this level of capitalism, imperialism appeared as a process that big conglomerates incorporate smaller enterprises for the further profits, and moreover, this kind of operation could surpass the national boundaries. In addition, this sort of economic conduction is between the major capitalist nations, and it will result in specific imperialist patterns of domination. In this sense, Maybe cultural imperialism is one consequence of the specific imperialist patterns of domination Lenin said. Williams (1983) also has more further viewpoint towards the concept of imperialism. As for Williams, he concludes imperialis m as: Like any word which refers to fundamental social and political conflicts, cannot be reduced, semantically, to a single proper meaning. Its important historical and contemporary variations of meanings point to real processes which have to be studied in their owen terms (p. 160). Additionally, he even particularly generalized the development of imperialism into two categories, politically and economically. Relating with this paper, the economic category is worth being mentioned. As Williams argued, this process originated from Marxist analysis of the development of modern capitalism, which is similar as Lenins argument. As a result, combining current modern capitalism statement with the characteristic of imperialism, Williams claimed, imperialism in contemporary context is applied to the practices of US and Soviet Union. However, American imperialism refers to a primarily economic denomination associated with the global reach of capitalism but not having the political form of colonialism (John, 1991). As a result, with the post-war non-colonial process since the 1960s and the development of contemporary capitalism, the analysis of new imperialism has emerged among academic circle, which considered that, in the new international settings, the imperialist expan sion strategy has moved primarily from military aggression and directly colonial domination to economic and cultural penetration, in which, the discourse of cultural imperialism is a significant and critical theory of cultural globalization. About the concept of cultural imperialism, there are existing different versions. The earliest systematic one was given by Herbert Schiller. Furthermore, Tunstall(1977) crystalized the definition of cultural imperialism as: The cultural imperialism thesis claims that authentic, traditional and local culture in many arts of the world is being battered out of existence by the indiscriminate dumping of large quantities of slick commercial and media products mainly from the United States. In this sense, it is clear that the process of cultural imperialism is operated by the products import of majority capitalist countries (mainly the U.S.A.), primarily media products. In this sense, non-Marxists prefer to see cultural imperialism as media imperialism. If that, the discourse of cultural imperialism can be approached on the sphere of media, which turns to the empirical territory instead of theoretical assumptions (Chin-Chuan Lee, 1979). Similar as Lees account of media imperialism, Oliver Boyd Barrett (1977) defines media imperialism as: The process whereby the ownership, structure distribution or content of the media in any one country is subject to substantial external pressures from the media interests of any other country or countries- without proportional reciprocation of influence by the country so affected (p. 116). He also suggests four modes of media imperialism: 1) the shape of the communication vehicle 2) a set of industrial arrangements 3) a body of values 4) media content, which could exert the cultural dominance instead of direct economic relationship. David Croteau and Wiliam Hoynes (2003) proposed more detailed connection and explanation of Boyd-Barretts statement. First of all, they claims that the linkage between cultural imperialism and media imperialism is because of the media products, which from Western side, especially America, intensely impact other regions culture, almost have reached the level of cultural domination. Here, it refers to the relation of media ownership and media content. According to the theory of media imperialism, both values and ideology of Western society are embedded in the media products sold on the interests of Western corporations. Next, Croteau and Hoynes (2003) in their book Media/Society also cite Antonio Gramscis theory of hegemony to explain the con cept and significance of cultural hegemony, and sociologist Stuart Halls analysis of how mass media institutions mix with this conception of hegemony. The conception of Gramscis (1971) hegemony is connecting all culture, power, and ideology together. In his perspective, besides military force, power can be obtained by the way of cultural and ideological domination as well. For this direction, the key strategy is to create consent, which can be realized through a kind of cultural hegemony. Croteau and Hoynes said that consent is something that is won ¼Ã¢â‚¬ ºruling groups in a society actively seek to have their worldview accepted by all members of society as the universal way of thinking (p.166). In this sense, schools, religion, and media naturally become the sites where help the dominant class approach this kind of hegemony, due to these institutions are the places where we form the ways of thinking. On this basis, Hall(1982) suggested that mass media is the main site where the cultural hegemony is exercised, because media images are not merely reflecting the world, but represent ing the world, and could actively make things have meanings. And then, associating with media ownership and commercial profits, many scholars argue that media is principally on the behalf of the dominant assumptions, and applying the universal views of the world that most people know. With the development of the globalization of mass media, this conception is more convincing. For example, because of the motive of media globalization is commercial interests, plus the economic distance among different countries, the inequality of media globalization is inevitable and obvious. The growth of centralized media conglomerates will result in a concentrated global media industry. And additionally, the ownership of these global media firms are still in the hands of a few advanced developed countries, which also dominate the production of global media products. As a result, from this respect, major researchers are likely to connect the elite status of Western media products with cultural imperialism. The most typical one should be the impact of American media items globally. Coca-Cola, the products of Disney series, McDonald, Hollywood movies, and so forth American products are all prevailing across the world because of the propaganda of American mass media. The supporters of cultural imperialism claims that these foreign imports will threaten and even dominate the local culture. (Coteau and Hoynes, 2003). For instance, according to the data of Ministry of Culture and Communication in 2001, American films occupy 54% to 92% of the performing movie in theaters in countries of the European Union, in contrast, European films make up only 3% of films shown in the United States (Ministry of culture and Communication, 2001). Schiller (1992) also from the television program export to describe the high level of American media domination globally. He indicated that commercial television has become an important and flourishing national export (p.129). He also quoted the former official of United States Information Agency Woilson P. Dizards (1964) words to prove this point, who said that today, overseas sales account for 60 percent of all U.S. telefilm syndication activities and represent the difference between profit and loss for the entire industry (p. 58). Besides, in 1967, Dizard reported that the amount of [TV commercial] exports, now approaching $100 million a year, is such that the television screen is becoming the main source of the American image for increasing millions of people abroad (1967, p. 59). From all these data, it is clear that American media industry, to a large extent, is relying on foreign markets, and its impact of media products is intensifying. Associating with Halls analysis of mass media and culture, through media products to diffuse Western values and ideology seems sensible. The discourse of cultural imperialism looks like could be used to describe one phenomenon of cultural globalization, which through exporting media products to diffuse own countrys values and ideology, in order to the last culture domination. However, there are partial scholars who dont agree with this discourse of cultural imperialism or media imperialism. The main critic of the discourse of cultural imperialism-John Tomlinson, provided a comprehensive critique pinpointing each part of cultural imperialism. Schillers theory of cultural imperialism focuses on the media, and from economic and political perspective to view the unequal structure of global cultural production and distribution. For this, Tomlinson (1991) argues that there are two mistakes underlying in this theory. First, though media is an important component of culture, it can not substitute all aspects of culture, and its impact on indigenous culture is closely connected with local audiences understanding and individual experience of media products. Secondly, Tomlinson argues that it is a kind of exaggeration to attribute the overwhelming significance of cultural imperialism to the media. It is problematic to equate cultural imperialism with media imperiali sm. All these studies are very helpful in the depiction of the discourse of cultural imperialism, either proponent or sceptic. In next part, I will combine the specific media text-American Hollywood films, to analyze the expression of cultural imperialism on the basis of American primarily cultural values. Hollywood Films Like I mentioned in last section, media products are an effective way to diffuse certain values and ideology, consequently, realizing the purpose of cultural domination. In this respect, in order to analyze the discourse of cultural imperialism through the dissection of one concrete media text, it is inevitable to mention what kind of values or ideological theory is implied in that media text, and these ideas is serving for whose benefits. Undoubtedly, in recent decades, the United States of America through its powerful economic and technological strength, its cultural perpetrator to the less advanced countries is apparent, either material products or spiritually cultural products and social political values. For example, the standard American icons-Mickey Mouse, Coca-Cola, McDonalds, Hollywood are typical evidences. Then, what American values have been propagated through these popular issues? In general, white peoples traditional culture is the leading culture in America, what is al so called WASP culture (White Angle-Saxon Protestant Culture) (Kennedy, 2001. p. 913). American main stream culture actually is the special mixture of Christianity, Capitalism and democracy (translated from: Majie Zhu, 2003). Contemporary Hollywood films can, to some extent, through this specially cultural value, gain the market and extraordinary box office receipts, and subsequently, become the key approach for the expansion and penetration of culture imperialism. Individualism as the cultural value originated from the thinking of European burgeoning bourgeoise, which was used to oppose the autocracy feudal aristocracy during the renaissance. The early North American Puritan as same as the reason for getting rid of the European religion oppression migrated to America. And then, in American The Declaration of Independence, some self-evident truth is included, all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness (Tefferson and Fink, 2002, p. 21-23). In American peoples thought, individual liberty is the final purpose, and society just the channel to reach this aim. In addition, Americans advocate surpass others by own effort, against any kind of inference to personal liberty from country or society. In short, individualism, is I will take responsibility of every thing by myself. In 1998, when American president Clinton visited China, he has said that the rights of life, liberty and the pursuit of happiness, free from government interference to express different views and the right of free faith, are the central idea of the founding of the United states. And this is also the thought that leaded Americans from one side of continent to another side, and finally stand on the top of the world , and so far, American people still value it as a precious thinking (translated from: Zheng Yuan, 1998). In this respect, individualism is the main motive stimulating not only American constant innovation, but also the reckless expansion with the indifference of other countries interests. On the basis of above introduction of several American mainstream values, it is timing to associate it with the analysis of concrete Hollywood films to research the discourse of cultural imperialism in American way. The classic film-Forrest Gump in 1995, ever gained the Best Film Reward of Oscar Award. Through the picture of the life of retarded Gump, we can get in touch with many aspects of American social life. This film was adapted from the same named novel of Winston Groom. The original book is fantastic fiction filling with ironic senses, however, the film has decorated and beautified the whole story. The original fantastic and ironic meaning have been removed, and the rebellious fighting spirit was sacrificed as well. Gump in the film has been shaped as an idealized American civilian hero, who has noble morality, and his way of earning life and pursuing happiness is on the effort to glorify America. The role of Gump in film, can be seen as the representative figure of American individualism, and this image is advocated by American society, which can be testified from the scene that Gump is endowed of congress badge. Another instance is the extremely costing Hollywood war film- Saving Priva te Ryan, which is an propaganda of American individualism. The whole story is processing along with the group rescue of individual life. This theme matches the Jewish traditional principle in the film Schindlers list- he who saves one life saves the world entire. Additionally, Hollywood films always put the mission of saving all the world on the shoulder of an individual. In the film Air Force One, the image of American President Tim Marshall is a good example. For protecting own countrys people and reputation, he insists on not compromising over the terrorists. In the condition of utter helplessness, by the familiar with each precise device of Air Force One, Marshall struggled with those terrorists by himself, and finally, realized the promise of zero-tolerance and save the world (lines in the film Air Force One, 1997). Within this film, American President is eager to expand the liberal-democracy, the Christian faith and the concept of American family to global people. However, in realistic life, this kind of omnipotent heroism is merely a myth. What anti-terrorism really need is the cooperation of all the nations, which has been proved through the fact of Somali Piracy event in April, 2009. Another film Bable in 2006 provides another angle to view cultural imperialism in Hollywood film. An accidental gun shooting event leads to the whole plots in the next story. Western people in this film enact rare indecision when they are encountering accident, which seems to lose the traditional image of the leadership globally. However, it cannot say that Hollywood films give up to play the role as an assistant of undertaking American cultural imperialism. One made-up clip story in the film that American tourists get innocent attacked, is bringing the color of cultural imperialism seemingly, because we can see the scene in the way that it tells the immense audiences that terrorism is prevailing in East as well, and Americans in this turn are becoming innocent victims. Although the director of this film attempts to utilize a large number of Eastern images to cover the hegemony of American cultural imperialism, the propagated American universalism and human right have been performed obviously. Furthermore, another kind of Hollywood films should be paid attention in particularly-Hollywood cartoon, some of which are coated by Chinese traditional culture. The film Mulan presented by Disney corporation was adapted from Chinese folktale. The protagonist Mulan made her promise to resist outside invasion, and protect family reputation, which looks as if expressed Chinese traditional loyalty and filiality. But, the role of Mulan enacted in the film is independent and pursuing the confirmation of self-value and the sexual equality, which is against the original Chinese convention. Additionally, her intensive desire of individual happiness and freedom are all representing the individualism of America. And as same as the elements of KungFu Panda presented by Dreamwork, which are not real Chinese culture. As the first cartoon that has over hundreds million tickets sale in Chinese market, KungFu Panda benefited from the outfit of Chinese culture and the inside substantive c ontents of Western culture. On the surface, there are plenty of Chinese culture facts in the films, such as the architecture music, martial arts, firecrackers, and Chinese food. Even many story details have precisely conformed to the relative characteristics of Chinese culture. In spite of all these work, the protagonist Po, it still a hero in the context of American culture values. The process of how he turns to legendary warrior just from a cooker is a typical instance of Americanized value. Originally, Po is a normal people, although because of an accidental opportunity he becomes the candidate of legendary warriors, he is indeed attending the selection ceremony. In another words, although his hero role is destined officially, he also follows the contest policy. This is a classic paradox logic in American culture: advocating everyone possesssing equal right to be a hero, although frequently, the hero is destined. Pos success is through defeating the bad guy-Tai Lung, to gain the final hero coronation ceremony. This kind of fight between justice and evil, and the procedural of how the justice side defeats the bad side are the essence of American heroism. Pos success, simultaneously, is bringing the peace to the whole village, which as same as the line in Spiderman- great power comes with great responsibility (cited from the lines of the film Spiderman, 2002). In American individualism, the standard of being a hero is to defeat the evil power and have the sense of bearing huge responsibility, which consequently, might be improved into the thinking that only the supremacy of strength is equivalent with the duty of guarding the world peace. In this sense, we can see the color of cultural imperialism is embedded in KungFu Panda. Thus maybe we can think in this way like that the set of films such as Mulan and KungFu Panda are packed with Chinese culture, but actually, are the means of distributing American ideology through adaption. Further Discussion of Culture Imperialism In contemporary global market, Hollywood movie is merely one of the popular import media products of America, but from the analysis of its underlying elements of culture imperialism, maybe we can consider the media products, television programs, advertisements, and music in the similar way. However, in this respect, I dont mean that the discourse of cultural imperialism does make sense, or even could be totally equaled with media imperialism, because after all, it is just a researching theme raised in the background of globalization and consumerism, and the debate about it is still taking place, therefore I cannot arbitrarily suggest its character here. What I want to do here is to use already existing facts to demonstrate that the discourse of cultural imperialism to some extent in particular time and condition may be could have an effect, but with the moving of age and society, in certain environment, another possibility maybe emerge. Among several suspicions of the possibility of cultural imperialism or media imperialism, an important one is to oppose to mix the material media products with complicated ideology together. In other words, the sceptic claims that the way of thinking that media products could diffuse Western values or ideology is ridiculous and doubtful, all of those analysis, such as the one above about Hollywood movie, are just assumption. In this perspective, if by some way I can prove the causal relationship between media productions and ideology or mind, the discourse of cultural imperialism at least will be more convincing. I will still utilize films as the evidence. During the 1980s there were two popular film genres-action adventure and military/war films deserving research, such as the films Raiders of the Lost Ark, Romancing the Stone and the series of Rombo were all effective and classic in that age. The most historical and typical one, I think should be Rombo. From the presentation time, we can know that it was after the Vietnam War and during the period of the Cold War, which represented by the United States and Soviet Union. The protagonist Rombo is a Vietnam Veteran, his mission is to return to Vietnam for rescuing American prisoners who have been abandoned by the U.S. government. And the common ending of this series of films was that the protagonist won the final victory and he become the hero in audiences mind. Following the story of these films, American people as if return to the battle of Vietnam War, but in this battle there are no vanquish and shame any more, American soldier will always be the victor. A part of scholars analyzed that these films could be seen as one political approach of Regans presidency, which was helpful to re-shape national image and regain national conviction. And actually, in the late 1980s, American people indeed overcame the so-called Vietnam syndrome, which was the subsequence of American failure of Vietnam War (Croteau and Hoyne s. 2003). From this example, we can see that there actually exists some relation between media texts and peoples way of thinking. So in this sense, the discourse of cultural imperialism maybe really can have an effect. However, the analysis of media texts is a plural item, which should be connected with special time and conditions, because of media texts are made under special historic background and people. We also cannot use one example to explain all the other terms. Additionally, the discourse of cultural imperialism was raised under the context of global culture, which maybe impact on global people, who have different religion, education, national culture and ideology, the possibility of their reactions over a media text are so hard to define. As a result, the relation between media texts and ideology maybe exist, but it is hard to say when put it in the global environment, then, dont even say the realization of cultural imperialism. Tunstall (1977) also claims that there are a t least two problems on the discourse of cultural imperialism of America. Firstly, the precondition of cultural imperialism is the superiority of Western countries on the aspect of media product market share , especially the United States of America, but the researchers thinks that with the economic and technologic development globally, other countries will rapidly create local media products, which would substitute the dependance on exporting American media products. Secondly, Tunstall said that the range of media is fairly wild, we cannot only concentrate on the popular American media products to analysis its impact of global culture. And in the aspect of some media forms, such as music, the tendency of globally incorporation is ongoing. If another media texts develop in the same way, the possibility of cultural imperialism will reduce. In addition, the debate of central status of media of cultural imperialism, like what Tomlinson said above, it is incorrect to make media equal cu lture. The term of culture is a complex to be clearly explain, and add the different way of understanding in different places, Western countries intention of conducting culture penetration or invasion is not a simple progress. Conclusion Combining all the supporting points and scepticism of the discourse of cultural imperialism together, maybe we can conclude this debate in this way, firstly, we should consider the wholly global society condition and the detailed situation of relative areas. As what Tunstall (1977) suggested, the arise of the media products is just an assumption so far, it still needs the time to testify. According to the current condition of global media distribution market, the diffusion range and impact of Western media products is considerable, so if in this respect to argue the discourse of cultural imperialism, it indeed exists the possibility. Secondly, confronting a number of differences between culture and nations, for the pursuit of commercial benefit, the big media corporations has start making relevant policy to remove the obstacles. For example, some media producers will invite global superstar to propagate their products, and another way is to apply the resources within local culture, a nd decorate the products to coherent to the local character, in fact, the global expansion of American advertising agency is a good example. Actually, to a large extent, the popularity of American products is the direct consequence of American transnational advertising. The central office in the U.S.A firstly send the advertisement mode to the relevant branch agencies around the world sphere. And then on the basic of remaining the essence of original advertisement, the local agency will blend the indigenous elements into it for satisfying the regional taste and culture. By this way, the impact on some places is this country is occupied, and there is no consciousness of that (Escobar and Anne. 1995). From this example, the threat of the discourse of cultural imperialism does deserve cautions, although maybe as Tomlinsons suggestion, there is no necessity to view media as the central reference of the argument towards cultural imperialism, the power of it cannot be ignored, because in current consumption society, for the economic interest, the media consortiums are rolling to make any policy to break down the obstacles on the way to maximize global market share. What I suggest here is when we are facing the discourse of cultural imperialism, first of all, we should have a correct attitude, excessive reception and neglect are both incorrect. Especially when we are surrounded with the numerous foreign media texts, the primary thing is to recognize the innate character embedded in them, and distinguish which part of it is useful for us, and which is useless. The discourse of cultural imperialism is more like a kind of trepidation in the context of globalization, researchers just around the necessity of this anxiety offer their different viewpoints, which are having different standpoints, angles, and conditions. So for the masses, what they can do is to have the cautious consciousness towards foreign media products, and depend on own values to make correct judgement.

Lakshminarayan case (partnership act) Essay

Case Note: Direct Taxation assessment of income – Section 4 of Partnership Act appellant a registered company entered into an agreement with Mill company appointing its agent for thirty years – amount received by appellant from Mill company were assessed under income tax – appellant contended remuneration received from the Mills company was not taxable as it was not profit or gains from business – following question referred to High Court – whether under the terms of the agreement the petitioner is an employee of the Mills Company or  is carrying on business – whether the remuneration received from the Mills is on account of service or is the remuneration for business – matter decided against appellant – appellant moved to the Supreme Court – Court observed the objects of the appellants in this case inter alia were to act as agents for Government – appellants were therefore rightly assessed for excess profits tax. JUDGMENT Bhagwati, J. 1. These are two appeals from the judgment and decision of the High Court of Judicature at Hyderabad answering certain questions referred at the instance of the appellants by the Commissioner of Excess Profits Tax, Hyderabad, and adjudging the liability of the appellants for excess profits tax in regard to the amounts received by them as remuneration from the Dewan Bahadur Ramgopal Mills Company Ltd. as its Agents. 2. The Mills Company was registered on the 14th February, 1920, at Hyderabad in the then territories of His Exalted Highness the Nizam. The appellants were registered as a private limited company at Bombay on the 1st March, 1920. On the 20th April, 1920, an Agency agreement was entered into between the Mills Company and the appellants appointing the appellants its Agents for a period of 30 years on certain terms and conditions therein recorded. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. A notice was issued under section 13 of the Hyderabad Excess Profits Tax Regulation by the Excess Profits Tax Officer calling upon the appellants to pay the amount of tax appertaining to these chargeable accounting periods. The appellants submitted their accounts and contended that the remuneration received by them from the Mills Company was not taxable on the ground that it is was not income, profits or gains from business and was outside the pale of the Excess Profits Tax Regulation. This contention of the appellants was negatived and on the 24th April, 1944, the Excess Profits Tax Officer made an order assessing the income of the appellants for the accounting periods 1351 and 1352 Fasli at Rs. 8,957 and Rs. 83,768 respectively and assessed the tax accordingly. An appeal was taken by the appellants to the Deputy Commissioner of Excess Profits Tax who disallowed the same. An application made by the appellants under section  48(2) for statement of the case to the High Court was rejected by the Commissioner and the appellants filed a petition to the High Court under section 48(3) to compel the Commissioner to state the case to the High Court. An order was made by the High Court on this petition directing the Commissioner to state the case and the statement of the case was submitted by the Commissioner on the 26th February, 1946. Four questions were referred by the Commissioner to the High Courts as under :- (1) Whether the Petitioner Company is a partnership firm or a registered firm ? (2) Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business ? (3) Whether the remuneration received from the Mills is on account of service or is the remuneration for business ? (4) Whether the principle of personal qualification referred to in section 2, clause (4), of the Excess Profits Regulation is applicable to the Petitioner Company ? 3. These questions were of considerable importance and were referred for decision to the Full Bench of the High Court. The Full Bench of the High Court delivered their judgment the majority deciding the questions (2) and (3) which were the only questions considered determinative of the reference against the appellants. The appellants appealed to the Judicial Committee. But before the Judicial Committee heard the appeals there was a merger of the territories of Hyderabad with India. The appeals finally came for hearing before the Supreme Court Bench at Hyderabad on the 12th December, 1950, when an order was passed transferring the appeals to this Court at Delhi. These appeals have now come for hearing and final disposal before us. 4. The questions (1) and (4) which were referred by the Commissioner to the High Court at Hyderabad have not been seriously pressed before us. Whether the appellants are a partnership firm or a registered company the principle of exclusion of the income from the category of business income by reason of its depending wholly or mainly on the personal qualifications of the assessee would not apply because the income could not be said to be income from profession and neither a partnership firm not a registered company as such could be said to be possessed of any personal qualification in the matter of the acquisition of that income. 5. The principal questions which were therefore argued before the High Court at Hyderabad and before us were the questions (2) and (3) which involved the determination of the position of the appellants whether they were servantsv  or agents of the Mills Company and the determination of the character of their remuneration whether it was wages or salary or income, profits or gains from business. 6. The appellants were registered as a private limited company having their registered office in Bombay and the objects for which they were incorporated were the following : (1) To act as agents for Governments or Authorities or for any bankers, manufactures, merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. (2) To carry on in India and elsewhere the trade or business of merchants, importers exporters in all their branches etc. etc†¦Ã¢â‚¬ ¦. 7. Under Article 115 of the Articles of Association of the Mills Company the appellants and their assigns were appointed the agents of the Company upon the terms, provisions and conditions set out in the Agreement referred to in clause 6 of the Company’s Memorandum of Association. Article 116 provided that the general management of the business of the Company subject to the control and supervision of the Directors, was to be in the hands of the Agents of the Company, who were to have the power and authority on behalf of the Company, subject to such control and supervision, to enter into all contracts and to do all other things usual, necessary and desirable in the management of the affairs of the Company or in carrying out its objects and were to have power to appoint and employ in or for the purposes of the transaction and management of the affairs and business of the Company, or otherwise for the purposes thereof, and from time to time to remove or suspend such managers, agents, clerks and other employees as they though proper with such powers and duties and upon such terms as to duration of employment, remuneration or otherwise as they thought fit and were also to have powers to exercise all rights and liberties reserved and granted to them by the said agre ement referred to in clause 6 of the Company’s Memorandum of Association including the rights and liberties contained in clause 4 of the agreement. Article 118 authorised the agents to sub-delegate all or any of the powers, authorities and discretions for the time being vested in them, and in particular from time to time to provide by the appointment of an attorney or attorneys, for the management and transaction of the affairs of the Company in any specified locality, in such manner as they thought fit. 8. The Agency agreement which was executed in pursuance of the appointment under Article 115 provided that the appellants and their  assign were to be the Agents of the Company for a period of 30 years from the date of registration of the Company and they were to continue to act as such agents until they of their own will resigned. The remuneration of the appellants as such Agents was to be a commission of 2 1/2 per cent. on the amount of sale proceeds of all yarn cloth and other produce of the Company (including cotton grown) which commission was to be exclusive of any remuneration or wages payable to the bankers, solicitors, engineers, etc., who may be employed by the appellants for or on behalf of the Company or for carrying on and conducting the business of the Company. The appellants were to be paid in addition all expenses and charges actually incurred by them in connection with the business of the Company and supervision and management thereof and the appellants were entitled to appoint any person or persons in Bombay to act as their Agents in Bombay and any other places in connection with the business of the Company. 9. Clause 3 and 4 of the agency agreement are important and may be set out in extenso :- 3. Subject to the control and supervision of the Directors, the said Lachminarayan Ramgopal and Son Limited shall have the general conduct and management of the business and affairs of the company and shall have on behalf of the company to acquire by purchase lease or otherwise lands tenements and other buildings and to erect maintain alter and extend factories, ware-houses, engine house and other buildings in Hyderabad and elsewhere in the territories of His Exalted Highness the Nizam and in India and to purchase, pay for, sell, resell and repurchase machinery, engines, plant, raw cotton, waste, jute, wool and other fibres and produce, stores and other materials and to manufacture yarn cloth and other fabrics and to sell the same either in the said territories as well as elsewhere in India and either on credit or for cash, or for present or future delivery, and to execute become parties to and where necessary to cause to be registered all deeds, agreements, contracts, receipts and other documents and to insure the property of the Company for such purposes and to such extent and in such manner as they may think proper; and to institute, conduct, defend, compromise, refer to arbitration and abandon legal and other proceedings, claims and disputes in which the Company is concerned and to appoint and employ discharge, re-employ or replace engineers, managers, retain commission dealers, muccadums, brokers, clerks, mechanics, workmen and other officers and servants with such powers  and duties and upon such terms as to duration of office remuneration or otherwise as they may think fit; and to draw, accept endorse, negotiate and sell Bills of Exchange and Hundies with or without security and to receive and give receipts for all moneys payable to or to be received by the company and to draw cheques against the moneys of the company and generally to make all such arrangements and do all such acts and things on behalf of the Company, its successors and assigns as may be necessary or expedient and as are not specially reserved to be done by the Directors. 4. The said Lachminarayan Ramgopal & Son Ltd., shall be at liberty to deal with the Company by way of sale of the Company of cotton all raw materials and articles required for the purpose of the Company and the purchase from the Company of yarn cloth and all other articles manufactured by the Company and otherwise, and to deal with any firm in which any of the shareholders of the said Lachminarayan Ramgopal & Son Ltd., may be directly or indirectly concerned provided always such dealings are sanctioned passed or ratified by the Board of Directors either before or after such dealings. Clause 8 provided that two of the members for the time being of the appellants were at the option of the appellants to be the ex-officio Directors of the Company and clause 9 empowered the appellants to assign the agreement and the rights of the appellants thereunder subject to the approval and sanction of the Board to any person, firm or Company having authority by its constitution to become bound by the obligations undertaken by the appellants. 10. No materials other than these were placed by the appellants either before the Income-tax Authorities or the High Court and the question that arise before us have to be determined only on these materials. If on the construction of these documents we arrive at the conclusions that the position of the appellants was not that of servants but the agents of the Company the further question would have to be determined whether the activities of the appellants amounted to the carrying on of business. If they were not the servants of the Company, the remuneration which they received would certainly not be wages or salary but if they were agents of the Company the question would still survive whether their activities amounted to the carrying on of business in which case only the remuneration which they received from the Company would be income, profits or gains from business. 11. The distinction between a servant and an agent is thus  indicated in Powell’s Law of Agency, at page 16 :- (a) Generally a master can tell his servant what to do and how to do it. (b) Generally a principal cannot tell his agent how to carry out his instructions. (c) A servant is under more complete control than an agent, and also at page 20 :- (a) Generally, a servant is a person who not only receives instructions from his master but is subject to his master’s right to control the manner in which he carries out those instructions. An agent receives his principal’s instructions but is generally free to carry out those instructions according to his own discretion, (b) Generally, a servant, qua servant, has no authority to make contracts on behalf of his master. Generally, the purpose of employing an agent is to authorise him to make contracts on behalf of his principal. (c) Generally, an agent is paid by commission upon effecting the result which he has been instructed by his principal to achieve. Generally, a servant is paid by wages or salary. 12. The statement of the law contained in Halsbury’s Laws of England – Hailsham Edition – Volume 22, page 113, paragraph 192 may be referred to in this connection :- â€Å"The difference between the relations of master and servant and of principal and agent may be said to be this : a principal has the right to direct what work the agent agent has to do : but a master has the further right to direct how the work is to be done.† 13. The position is further clarified in Halsbury’s Laws of England – Hailsham Edition – Volume 1, at page 193, article 345 where the positions of an agent, a servant and independent contractor are thus distinguished :- â€Å"An agent is to be distinguished on the one hand from a servant, and on the other from an independent contractor. A servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given him in the course of his work; an independent contractor, on the other hand, is entirely independent of any control or interference and merely undertakes to produce a specified result, employing his own means to produce that result. An agent, though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal, is not subject in its exercise to the direct control or supervision of the principal. An agent, as such is not a servant, but a servant is generally for some purposes his  master’s implied agent, the extent of the agency depending upon the duties or position of the servant.† 14. Considering the position of the appellants in the light of the above principles it is no doubt true that the appellants were to act as the agents of the Company and carry on the general management of the business of the Company subject to the control and supervision of the Directors. That does not however mean that they acted under the direct control and supervision of the Directors in regard to the manner or method of their work. The Directors were entitled to lay down the general policy and also to give such directions in regard to the management as may be considered necessary. But the day to day management of the business of the Company as detailed in Article 116 of the Articles of Association and clause 3 of the Agency Agreement above set out was within the discretion of the appellants and apart from directing what work the appellants had to do as the agents of the Company the Directors had not conferred upon them the further right to direct how that work of the general management was to be done. The control and supervision of the directors was a general control and supervision and within the limits of their authority the appellants as the agents of the Company had perfect discretion as to how that work of general management was to be done both in regard to the method and the manner of such work. The appellants for instance had perfect latitude to enter into agreements and contracts for such purpose and to such extent and in such manner as they thought proper. They had the power to appoint, employ, discharge, re-employ or replace the officers and servants of the Company with such powers and duties and upon such terms as to duration of office remuneration or otherwise as they thought fit. They had also the power generally to make all such arrangements and to do all such things and acts on behalf of the Company, as might be necessary or expedient and as were not specifically reserved to be done by the Directors. These powers did not spell a direct control and supervision of the Directors as of a master over his servant but constituted the appellants the agents of the Company who were to exercise their authority subject to the control and supervision of the Directors but were not subject in such exercise to the direct control or supervision of the principals. The liberty given to the appellants under clause 4 of the Agency Agreement to deal with the Company by way of sale and purchase of commodities therein mentioned also did not spell a relation as  between master and servant but empowered the appellants to deal with the Company as Principals in spite of the fact that under clause 8 of the Agreement two of their members for the time being were to be the ex-officio Directors of the Company. The power to assign the agreement and the rights of the appellants thereunder reserved to them under clause 9 of the Agency Agreement though subject to the approval and sanction of the Board was hardly a power which could be vested in a servant. There was further the right to continue in employment as the agents of the Company for a period of 30 years from the date of the registration thereof and thereafter until the appellants of their own will resigned, which also would be hardly consistent with the employment of the appellants as mere servants of the Company. The remuneration by way of commission of 2 1/2 per cent. of the amount of sale proceeds of the produce of the Company savoured more of the remuneration given by a principal to his agent in the carrying out of the general management of the business of the principals than of wages or salary which would not normally be on such a basis. All these circumstances together with the power of sub-delegation reserved under Article 118 in our opinion go to establish that the appellants were the agents of the Company and not merely the servants of the Company remunerated by wages or salary. 15. Even though the position of the appellants qua the Company was that of agents and not servants as stated above it remains to be determined whether the work which they did under the Agency Agreement amounted to carrying on business so as to constitute the remuneration which they received thereunder income, profits or gains from business. The contention which was urged before us that the appellants only worked as the agents of the Mills Company and no others and therefore what they did did not constitute a business does not avail the appellants. The activities in order to constitute a business need not necessarily be concerned with several individuals or concerns. They would constitute business in spite of their being restricted to only one individual or concern. What is relevant to consider is what is the nature and scope of these activities though either by chance or design these might be restricted to only one individual or concern. It is the nature and scope of these activities and not the extent of the operations which are relevant for this purpose. 16. The activities of the appellants certainly did not come within the inclusive definition of business which is given in section 2  clause 4 of the Excess Profits Tax Regulation, Hyderabad. Business is there defined to include any trade, commerce or manufacture or any adventure in the nature of a trade, commerce or manufacture or any profession or vocation but not to include a profession carried on by an individual or by individuals in partnership if the profits of the profession depend wholly or mainly on his or their personal qualifications unless such profession consists wholly or mainly in the making of contracts on behalf of other persons or giving to other persons of advice of commercial nature in connection with the making of contracts. The work which the appellants did under the terms of the Agency Agreement constituted neither trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture nor was it a profession or vocation. 17. The activities which constitute carrying on business need not necessarily consist of activities by way of trade, commerce or manufacture or activities in the exercise of a profession or vocation. They may even consist of rendering services to other which services may be of a variegated character. The consideration which apply in the case of individuals in the matter of determining whether the activities constitute a business within the meaning of the inclusive definition thereof set out above may not apply in the case of incorporated companies. Even though the activities if carried on by individuals might constitute business in that sense they might not constitute such business when carried on by incorporated companies and resort must be had to the general position in law in order to determine whether the incorporated company was carrying on business so as to constitute the income earned by it income, profits or gains from business. Reference may be made in this context to William Esplen, Son and Swainston, Limited v. Commissioners of Inland Revenue [1919] 2 K.B. 731. In that case a private limited company was incorporated for carrying on business as naval architects and consulting engineers. Before the formation of the company, a partnership had existed for many years between three persons who, on incorporation, became the sole shareholders and directors of the company. The partnership had carried on the profession of naval architects and consulting engineers and the work done by the company was identical in character with that formerly done by the partnership which is succeeded. The work done by the company was identical in all respects with the work of a professional naval architect  and consulting engineer, and was performed by the said three shareholders and directors of the company personally. A question arose whether the company was carrying on a profession within the meaning of section 39 paragraphs C of the Finance (No. 2) Act, 1915. It was contended that it carried on a profession of naval architects and consulting engineers because the members composing it were three naval architects. That contention was however negatived and it was held that even though what was to be looked at was the character of the work done by the company, it was not carrying on the profession of the naval architects within the meaning of the section, because for that purpose it was of the essence of a profession that the profits should be dependent mainly upon the personal qualifications of the person by whom it was carried on and that could only be an individual. A company such as that could only do a naval architect’s work by sending a naval architect to its customers to do what they wanted to be done and it was held that the company was not carrying on a profession but was carrying on a trade or business in the ordinary sense of the term. 18. When a partnership firm comes into existence it can be predicated of it that it carries on a business, because partnership according to section 4 of the Indian Partnership Act is the relation between persons who have agree to share the profits of a business carried only by all or any of them acting for all. (See Inderchand Hari Ram v. Commissioner of Income-tax U.P. & C.P. [1952] I.T.R. 108) But when a company is incorporated it may not necessarily come into existence for the purpose of carrying on a business. According to section 5 of the Indian Companies Act any seven or more persons (or, where the company to be formed will be a private company, any two or more persons) associated for any lawful purpose may by subscribing their names to a memorandum of association †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. form an incorporated company, and the lawful purpose for which the persons become associated might not necessarily be the carrying on of business. When a company is incorporated for carrying out certain activities it would be relevant to enquire what are the objects for which it has been incorporated. As was observed by Lord Sterndale. M.R., in Commissioners of Inland Revenue v. The Korean Syndicate Limited (1921) 12 Tax Cas. 181 : If you once get the individual and the company spending exactly on the same basis, then there would be no difference between them at all. But the fact that the limited  company comes into existence in a different way is a matter to be considered. An individual comes into existence for many purposes, or perhaps sometimes for none, whereas a limited company comes into existence for some particular purpose, and if it comes into existence for the particular purpose of carrying out a transaction by getting possession of concessions and turning them to account, then that is a matter to be considered when you come to decide whether doing that is carrying on a business or not.† 19. Justice Rowlatt followed the above view of Lord Sterndale, M.R., in Commissioner of Inland Revenue v. Birmingham Theatre Royal Estate Co., Limited (1923) 12 Tax Cas. 580 , and held that â€Å"when you are considering whether a certain form of enterprise is carrying on business or not, it is material to look and see whether it is a company that is doing it.† The objects of an incorporated company as laid down in the Memorandum of Association are certainly not conclusive of the question whether the activities of the company amount to carrying on of business (See Indian Law Reports 55 Calcutta 1059 andMANU/WB/0002/1952 : [1951]19ITR571(Cal) ). But they are relevant for the purpose of determining the nature and scope of such activities. 20. The objects of the appellants in this case inter alia were to act as agents for Governments or Authorities or for any bankers, manufacturers, merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. This object standing by itself would comprise within its ambit the activities of the appellants as the agents of the Company and constitute the work which they did by way of general management of the business of the company an agency business. The words â€Å"carry on all kinds of agency business† occurring at the end of the object as therein set out were capable of including within their general description the work which the appellants would do as agents for Governments or Authorities or for any bankers, manufacturers, merchants, shippers and others when they acted as agents of the Company which were manufacturers inter alia of cotton piece goods they would be carrying on agency business within the meaning of this object. Apart however from this there is the further fact that there was a continuity of operations which constituted the activities of the appellants in the general management of the Company a business. The whole work of management which the appellants did for the Company within the powers conferred upon them under Article 116 of the  Articles of Association and clause 3 of the Agency Agreement consisted of numerous and continuous operations and comprised of various services which were rendered by the appellants as the agents of the Company. The appellants were also entitled though with the sanction or ratification by the Board of Directors either before or after the dealings to enter into dealings with the Company by way of sales and purchases of various commodities. There was nothing in the Agency Agreement to prevent the appellants from acting as the agents of other manufacturers, Joint Stock Companies etc., and the appellants could have as well acted as the agents of other concerns besides the Company. All these factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that the activities of the appellants as the agents of the Company constituted a business and the remuneration which the appellants received from the Company under the terms of the Agency Agreement was income, profits or gain from business. 21. The appellants were therefore rightly assessed for excess profits tax and these appeals must stand dismissed with costs. 22. Appeal dismissed.  © Manupatra Information Solutions Pvt. Ltd.

Attributes of the ideal leader in higher or K-12 education Essay

Introduction The educational institution exists and cooperates in a network of dedicated, goal-oriented peers, in an environment of high expectations and immense collaboration. Communicating daily with adult education professionals and with students, a substantial background and specific competencies must be gained in this kind of practice. Faculty members are confronted with a fresh generation of students that live and study in a digital environment. They are challenged to convey persuasive learning milieus that are both instructionally evocative and thoroughly appealing to these digital students. Their job involves directing, guiding, or teaching adults. The online curriculum the knowledge and skills you need for working more effectively with adult learners and is designed for busy, working professionals. As the select few of these days’ higher educational institutions create and enhance their vision to meet the needs of the changing student population into the twenty-first century, the skills and attributes required are also changing. This paper attempts to provide an overview of the skills and attributes perceived as important in this changing environment. It is essential that the leaders and managers of our higher educational institutions welcome all their roles, contribute to the responsibility with the environment, and be acquainted with and incorporate change (Kincheloe, 1991). What makes a leader ideal? What specific qualities make an individual suited to handling responsibilities, various roles and demands that are expected in an institutional setting catered to adults and the like? What training development model should be used to train those seeking such positions in institutions of higher learning? Every now and then a decision maker in an establishment pre-determines a need for training but savoir-faire trainers constantly evaluate the analysis data before jumping on to settle on the training objectives. Why? This is because intuition-based training interventions frequently detect symptoms rather than root sources. On top of that training is never the key to all performance problems. Around 80% of performance obstacles are environment-connected. Developing occupation aptitudes will not advance these institutional issues (Yukl, 2002). Considerations should also include the personality type of the individual, the hopes and aspirations the person have within him/herself; and the type of institution that the individual is placed into-the subculture prevalent that influences the decision-making processes of all the people or constituents involve. All of which and more, are indispensable factors for consideration. Training, as most people assume about it, is concerned about developing particular skills. The function and relationship of preparation to the place of work is implied. Training dubbed as performance improvement has been the focus in instructional professional which includes solving performance problems to attain business results. Performance improvement covers skills training and considers other issues as well, such as does the organizational structure (decision making, supervision, feedback) sustain the workflow and are the environmental working situations (equipment, light, interruptions) suitable. The notion of â€Å"performance improvement† is frequently an easier sell to management and trainees than â€Å"training† for the reason that the emphasis moves from the person to overall performance of the organization. The ISD model, occasionally alternatively called Instructional Systems Development Model, consists of five phases, usually illustrated as analysis, objectives, design, delivery and evaluation. This training model is a methodical approach to managing human resources. Those who study and make use of that data in exclusive contexts are rightly described as professionals; in them lies the heart and soul of the profession. Abstract professional learning, on the other hand, can be infuriatingly difficult to classify. It expands past distinct responsibilities to embrace the combination of practice and insight. It requires rudiments of art as well as science. Transmitting abstract learning by means of instruction has parallel distinctiveness. Teaching in the professional education organization entails more than delivering subject matter. Good instruction is an art form in its own right. A first-class teacher can prevail over a poor curriculum, while a great curriculum will not replace with for a poor instructor. Industrial-age institutions look for routine and habit accomplished through standardized measures. Complex responsibilities are split into simple steps that are assigned to organizational positions to guarantee that employees are both interchangeable and effortlessly replaced. Bureaucratic hierarchies are likely to esteem proven evaluation of specific aspects of complex managerial tasks. In view of this, the picture of leadership is in reality changing as the image of organizations changes. Analysis ascertains those who require training and what skills or performance improvements are designated. Aims and goals set the restriction for the instructional outline and help attain the appropriate learning outcomes (Kincheloe, 1991). At the heart of any profession is a body of expertise and abstract knowledge that its members are expected to apply within its granted jurisdiction. Those who discover and utilize that knowledge in unique contexts are rightly described as professionals; in them lies the heart and soul of the profession. A good teacher can overcome a poor curriculum, while a great curriculum will not substitute for a poor teacher. In the industrial-age organizations seek routine and habit achieved through standardized procedures. Complex tasks are broken into simple steps that are assigned to organizational positions to ensure that employees are both interchangeable and easily replaced. Here are aspects of the systems analysis approach to education that are useful. There is nothing inherently harmful in developing competency lists, provided they are kept general in nature and viewed with the appropriate level of circumspection. Competency maps take on a wide variety of forms. The competencies might be called knowledge areas, skills, attributes, attitudes, components, tasks, traits, or simply competencies. Once identified, numbered, and listed, they are usually broken down into sub-components, which are also numbered, so they might be associated with the broader competency area or cluster of competencies. The mapping aspect comes into play when the competency areas are charted to training and educational objectives and events, and then ultimately to desired leadership behaviors. Competency mapping is chiefly appealing to analytically oriented decision makers. Advocates for aptitude and competency mapping stress that one can utilize a metric to determine the relative accomplishment of an individual competency that will predict success in associated leadership behaviors. Advocates refer to competency mapping as adaptive because the list and the educational experiences that match the competencies can continually be revised. Advocacy of competency mapping seems to be spreading. Its aim is to advance a blueprint, map, or matrix of desired skills, knowledge, attributes, and attitudes at various levels of the organization. The map is then used to direct recruiting, hiring, and training assessment. Competency mapping has gained a following in the human resources community and fashioned a cottage industry of business consultants and sellers who profess expertise in its application At the heart of list-based methods like competency mapping is a supposition that specific qualities such as motives, values, and skills can be acknowledged and reproduced through training and education, resulting in effectively led organizations. The roots of this approach lies in trait theories of leadership that correspond with Taylorism. Education scholars Joe F. Donaldson and Paul Jay Edelson have noted that â€Å"trait theory was developed in the first part of the twentieth century and took a psychological approach to specifying the personality traits of effective leaders. Although research has shown no relationship between individual traits and effectiveness, this approach still finds modern expression† (Donaldson & Edelson, 2000). The trait approach has largely been supplanted by more sophisticated frameworks, yet leader competency mapping is proof positive that despite its dubious foundation the approach endures. Noted leadership author and scholar Gary Yukl has observed: â€Å"Early leadership theories attributed managerial success to extraordinary abilities such as tireless energy, penetrating intuition, uncanny foresight, and irresistible persuasive powers. Hundreds of studies were conducted during the 1930s and 1940s to discover these elusive qualities, but this massive research effort failed to find any traits that would guarantee leadership success. One reason for the failure was a lack of attention to intervening variables in the causal chain that could explain how traits could affect a delayed outcome such as group performance or leader advancement† (Yukl, 2004). Peter Northouse, author of Leadership: Theory and Practice observed the revival of an all-encompassing skills-based model of leadership distinguished by a map for how to reach efficient leadership in organizations (Porthouse, 2004). He recommended that the classification of specific skills which can be improved by training has an intuitive appeal: â€Å"When leadership is framed as a set of skills, it becomes a process that people can study and practice to become better at their jobs† (Northouse, 2004). He also suggests that although the skills-based approach claims not to be a trait model, it includes individual attributes that look a great deal like traits. The act of leadership is also an exercise of moral reasoning. In their book Unmasking Administrative Evil, Guy Adams and Danny Balfour caution against elevating the scientific-analytical mindset higher than all other forms of rationality. Even as the rise of â€Å"technical rationality led inevitably to specialized, expert knowledge, the very life blood of the professional,† it also â€Å"spawned unintended consequences in the areas of morals and ethics as the science-based technical rationality undermined normative judgments and relegated ethical considerations to afterthoughts† (Balfour, 2004). Distinguished scholar Ronald Heifetz on the other hand, developed a definition of leadership that takes values into account. He maintains that we should look at leadership as more than a means to organizational effectiveness. Efficiency means getting achievable decisions that execute the goals of the organization. â€Å"This definition has the benefit of being generally applicable, but it provides no real guide to determine the nature or formation of those goals. † (Heifetz, 1994). Heifetz went on to say that values such as â€Å"liberty, equality, human welfare, justice, and community† are inculcated with first-rate leaders (Heifetz, 1994). It is a necessity then, the infusion of these principles into the leader and from the leader into the organization. Reference: 1. Joe L. Kincheloe, Teachers as Researchers: Qualitative Inquiry as a Path to Empowerment (New York: Falmer Press, 1991), p. 77. 2. Draft US Army HR System Project Plan, Fort Leavenworth, Kans. , 21 January 2004. 3. Joe F.Donaldson and Paul Jay Edelson, â€Å"From Functionalism to Postmodernism in Adult Education Leadership,† in Handbook of Adult and Continuing Education, ed. Arthur L. Wilson and Elisabeth R. Hayes (San Francisco: Jossey-Bass, 2000), p. 193. 4. Gary Yukl, Leadership in Organization (5th ed. ; Upper Saddle River, N. J. : Prentice Hall, 2002). 5. Peter G. Northouse, Leadership Theory and Practice (Thousand Oaks, Calif. : Sage, 2004), pp. 35-52. 8. Guy B. Adams and Danny L. Balfour, Unmasking Administrative Evil (Armonk, N.Y. : M. E. Sharpe, 2004), pp. 31-36. 9. Ronald A. Heifetz, Leadership Without Easy Answers (Cambridge, Mass. : Harvard Univ. Press, 1994), pp. 21-22. 10. R. L. Shaw and Dennis N. T. Perkins, in Tara J. Fenwick, â€Å"Putting Meaning into Workplace Learning,† in Handbook of Adult and Continuing Education, ed. Arthur L. Wilson and Elisabeth R. Hayes (San Francisco: Jossey-Bass, 2000), p. 296. 11. James G. March, A Primer on Decision Making, How Decisions Happen (New York: The Free Press, 1994), pp. 96-97.

Overview of the Peoples Crusade

A popular movement of crusaders, mostly commoners but also including individuals from all levels of society, who did not wait for the official leaders of the expedition but took off for the Holy Land early, unprepared and inexperienced. The Peoples Crusade was also known as: The Peasants Crusade, The Popular Crusade, or The Crusade of the Poor People. The Peoples Crusade has also been termed the first wave of crusaders by noted Crusades scholar Jonathan Riley-Smith, who has pointed out the difficulty of distinguishing separate crusade expeditions among the almost ceaseless stream of pilgrims from Europe to Jerusalem. How the Peoples Crusade got started: In November 1095, Pope Urban II made a speech at the Council of Clermont calling for Christian warriors to go to Jerusalem and free it from the rule of Muslim Turks. Urban no doubt envisioned an organized military campaign led by those whose entire social class had been built around military prowess: the nobility. He set the official date of departure for mid-August of the following year, knowing the time it would take for funds to be raised, supplies to be procured and armies to be organized. Shortly after the speech, a monk known as Peter the Hermit also began to preach Crusade. Charismatic and passionate, Peter (and probably several others like him, whose names are lost to us) appealed not just to a select portion of travel-ready combatants but to all Christians -- men, women, children, the elderly, nobles, commoners -- even serfs. His enthralling sermons fired the religious zeal in his listeners, and many people not only resolved to go on Crusade but to go right then and there, some even following Peter himself. The fact that they had little food, less money, and no military experience did not deter them in the least; they believed they were on a holy mission, and that God would provide. Armies of the Peoples Crusade: For some time, the participants in the Peoples Crusade were regarded as nothing more than peasants. While it is true many of them were commoners of one variety or another, there were also noblemen among their ranks, and the individual bands that formed were usually led by trained, experienced knights. For the most part, to call these bands armies would be a gross overstatement; in many cases, the groups were simply a collection of pilgrims traveling together. Most were on foot and armed with crude weapons, and discipline was almost nonexistent. However, some of the leaders were able to exercise more control over their followers, and a crude weapon can still inflict serious damage; so scholars continue to refer to some of these groups as armies. The Peoples Crusade moves through Europe: In March 1096, bands of pilgrims began to journey eastward through France and Germany on their way to the Holy Land. Most of them followed an ancient road of pilgrimage that ran along the Danube and into Hungary, then south into the Byzantine Empire and its capital, Constantinople. There they expected to cross the Bosphorus to territory controlled by the Turks in Asia Minor. The first to leave France was Walter Sans Avoir, who commanded a retinue of eight knights and a large company of infantry. They proceeded with surprisingly little incident along the old pilgrim route, only encountering any real trouble in Belgrade when their foraging got out of hand. Their early arrival at Constantinople in July took the Byzantine leaders by surprise; they had not had time to prepare proper lodging and supplies for their western visitors. More bands of crusaders coalesced around Peter the Hermit, who followed not far behind Walter and his men. Greater in number and less disciplined, Peters followers encountered more trouble in the Balkans. At Zemun, the last town in Hungary before reaching the Byzantine border, a riot broke out and many Hungarians were killed. The crusaders wanted to escape punishment by crossing the Sava River into Byzantium, and when Byzantine forces tried to stop them, violence ensued. When Peters followers got to Belgrade they found it deserted, and they probably sacked it in their ongoing quest for food. At nearby Nish, the governor allowed them to exchange hostages for supplies, and the town almost escaped without damage until some Germans set fire to mills as the company was leaving. The governor sent troops to attack the retreating crusaders, and although Peter ordered them not to, many of his followers turned to face the attackers and were cut down. Eventually, they reached Constantinople without further incident, but the Peoples Crusade had lost many participants and funds, and they had inflicted serious damage on the lands between their homes and Byzantium. Many other bands of pilgrims followed after Peter, but none made it to the Holy Land. Some of them faltered and turned back; others were sidetracked in some of the most horrific pogroms in medieval European history. The Peoples Crusade and the First Holocaust: The speeches of Pope Urban, Peter the Hermit, and others of his ilk had stirred up more than a pious yearning to see the Holy Land. Urbans appeal to the warrior elite had painted Muslims as enemies of Christ, subhuman, loathsome, and in need of vanquishing. Peters speeches were even more incendiary. From this malevolent viewpoint, it was a small step to see Jews in the same light. It was, sadly, an all-too-common belief that Jews had not only killed Jesus but that they continued to pose a threat to good Christians. Added to this was the fact that some Jews were notably prosperous, and they made the perfect target for greedy lords, who used their followers to massacre entire Jewish communities and plunder them for their wealth. The violence that was perpetrated against European Jews in the spring of 1096 is a significant turning point in Christian and Jewish relations. The horrific events, which resulted in the deaths of thousands of Jews, have even been called the First Holocaust. From May to July, pogroms occurred at Speyer, Worms, Mainz, and Cologne. In some cases, the bishop of the town or local Christians, or both, sheltered their neighbors. This was successful at Speyer but proved futile in other Rhineland towns. The attackers sometimes demanded that the Jews convert to Christianity on the spot or lose their lives; not only did they refuse to convert, but some even killed their children and themselves rather than die at the hands of their tormentors. The most notorious of the anti-Jewish crusaders was Count Emicho of Leiningen, who was definitely responsible for the attacks on Mainz and Cologne and may have had a hand in the earlier massacres. After the bloodshed along the Rhine was over, Emicho led his forces onward to Hungary. His reputation preceded him, and the Hungarians would not let him pass. After a three-week siege, Emichos forces were crushed, and he went home in disgrace. The pogroms were decried by many Christians of the day. Some even pointed to these crimes as the reason God forsook their fellow crusaders at Nicaea and Civetot. The end of the Peoples Crusade: By the time Peter the Hermit arrived in Constantinople, Walter Sans Avoirs army had been restlessly waiting there for weeks. Emperor Alexius convinced Peter and Walter that they should wait in Constantinople until the main body of Crusaders, who were massing in Europe under powerful noble commanders, arrived. But their followers were not happy with the decision. Theyd undergone a long journey and many trials to get there, and they were eager for action and glory. Furthermore, there still wasnt enough food and supplies for everyone, and foraging and theft were rampant. So, less than a week after Peters arrival, Alexius ferried the Peoples Crusade across the Bosporus and into Asia Minor. Now the crusaders were in a truly hostile territory where there was little food or water to be found anywhere, and they had no plan for how to proceed. They quickly began squabbling amongst themselves. Eventually, Peter returned to Constantinople to elicit help from Alexius, and the Peoples Crusade broke into two groups: one primarily made up of Germans with a few Italians, the other of Frenchmen. Toward the end of September, the French crusaders managed to loot a suburb of Nicaea. The Germans decided to do the same. Unfortunately, Turkish forces expected another attack and surrounded the German crusaders, who managed to take refuge in the fortress at Xerigordon. After eight days, the Crusaders surrendered. Those who did not convert to Islam were killed on the spot; those who did convert were enslaved and sent eastward, never to be heard from again. The Turks then sent a forged message to the French crusaders, telling of great riches the Germans had acquired. In spite of warnings from wiser men, the Frenchmen took the bait. They rushed onward, only to be ambushed at Civetot, where every last crusader was slaughtered. The Peoples Crusade was over. Peter considered returning home but instead remained in Constantinople until the main body of the more organized crusading forces arrived. The text of this document is copyright  ©2011-2015 Melissa Snell. You may download or print this document for personal or school use, as long as the URL below is included. Permission is  not granted to reproduce this document on another website.