Paradise Lost And Frankenstein Theology Religion Essay

Paradise Lost And Frankenstein Theology Religion Essay Despite being written more than a century apart, Paradise Lost and Frankenstein, share the idea of individuals limitations. As classic science fictions, both books seek to express individuals over the control of a higher authority. In Paradise Lost, John Milton, questions the religious idea of predestination that says every individuals life is perfectly designed by God, and therefore one should happily accept his or her identity. During the 18th century, England empowered churches and priests as messengers of God, and Milton despised the corruption and injustice he saw in these Catholic churches. Through Paradise Lost, Milton celebrates individuals who challenge a higher authority and are willing to shape their own identity. Under the influence of John Milton, Mary Shelley wrote Frankenstein in 1818 in which people are armed with science technology to challenge authority of nature or God. Although both books celebrate protagonists strong will to search and shape their identity, the b ooks still reflect the authors concerns that individuals cannot actually shape their identity that had been already determined by predestination or a higher authority. In Paradise Lost, although Satan declares a revenge on God by ruining his plan on humanity, God always has Satan under his eyes and has authority to trump anything Satan has done. Unlike Satan, the creature in Frankenstein is not always under control or watch by his creator, Victor, but ultimately fails to change his identity of being a monster regardless of how hard he tries to be like a human being. As these books assert the existence of a God or creator, the books depict that individuals in any part of human history cannot shape their authentic identity given by a higher authority because although characters who perceived predetermination attempts to change it by doing what they can do the best, the predestined identity and fate remain still regardless of their best attempts. Although Satan is known for his evilness, his evil identity is conspicuously designed by Miltons God who eliminates all Satans choices except committing sins. In Miltons Paradise Lost, God is the most authoritative figure and often expressed as the will of whole universe. Satan, who desires to escape from God, has to make a false vision in order to reject the influence from God. After his fall from heaven, Satan made a speech to gather and encourage his fellow-demons. During his speech, Satan suggests that it is tyrannical for the  Son to rule over the angels, because the angels are self-begot, self-raisd / By our own quickning power (5.860-61). This is first deception Satan creates to cancel the fact that God is the creator of all angels. This false expression indicates while Satan knows he is ruled by God, he pretends to be out of Gods influence. Swayed by this false sophistry, the demons, and even Satan himself are deluded to believe the false belief. Miltons God does not taking their strengths when defeated. Giving hope that Satan and devils still have chance to overcome God, God rather prevents devils from repenting and receiving forgiveness. By choosing to follow Satans false reasoning, the rebel angels lose all choice in whether they will repent to return to Heaven, and perhaps do not even realize that they are given a chance of repentance. Under Gods machination, they do not have choice because Gods false hope makes them chose to have no choice, but commit sins. The demons wills are not conquered by God but instead their wills are voluntarily surrendered to Him. Satans false claiming that the angels are self-created further deprives Satans will by making him a creator of sort that his creation is a privation. Sin is his self-begotten creation, and with Death, they compose an unholy, sinful trinity. With Sin and Death, Satan, as an inversion of God, is prevented from creating anything good and allowed to create only Miserie, uncreated till the crime (6 .268-69). As Satans choice to be good is initially limited by God and evilness is what Satan is entirely composed of by his false claim, the destiny of Satan is already shaped to be nothing but evil. Despite the fact that Satan is limited by careful designs of God, he still shows a sign of independence by using material objects to support him. Raphael explains to Adam and Even that Gods creations are more refined, more spirituous, and pure, / as nearer to him placed or nearer tending (5.475-476). If Raphael is true, then conversely, Satan must become less refined, spirituous, and pure once Satan turns away from God. However, in the hell, Satan is still ambitious and willing to challenge against   God with his spear and shield. As Satan takes his material arms in a war against God, these weapons are symbols of Satans unconquerable will against Gods will. Using his spear as a crutch to support [his] uneasy steps, as he moves around in hell, Satan, instead of returning to God and seeking for forgiveness, puts his faith in his material things (1.295). Falling with his weapons in hell, Satan never loses faith that his unconquerable will is capable of contravening Gods will. Satans unconquerable will to interrupt Gods plan is also highlighted when Satan enters Eden as a cormorant and wolf and approaches to Adam and Eve first as a lion, tiger, then as a serpent (4.402-08). The change of Satans physical appearance might indicate that Satan is actually being less refined, spirituous, and pure as he turns more against God. However, it also signifies that despite the insignificant physical shape of Satan, he does accomplish his own goal of corrupting Adam and Eve. In addition, Miltons God is omniscient, knowing all that happens and all that will happen, but consequently, God can be seen as tyrannical and cruel in not preventing evil. The success of Satans mission might reflect that God allows Satan to execute his free-will of ruining Gods plans. However, Satans belief in freewill is rather a delusion that he cannot act apart from God and all acts he performs serve Gods service. When Satan returns to hell after corrupting Adam and Eve, he does not receive victory cheers. Instead, he hears a universal hiss as he and his fellow devils transform into serpents. Punished by God, Satan receives punish in the shape he sind, and the rest of the rebels are like in punishment, / As in thir crime (10.516, 544-5). The punishment of this group of sinners reflects that as a poetic justice, Gods justice dispenses punishments that are appropriate to the crimes they committed. The punishment by God further suggests that the rebels punishments are fitting as they choose to be governed by Satan and refuse to be governed by God. The fact that God punished them for their decision indicates that although their actions seem free from God, the result of their actions, the poetic justice, is always held by God. In this sense, a demon gets what he wil ls, but having his will accomplished is always followed by a punishment because what he wills falls short of Gods will. Another instance that Satans freewill actually does not exist is Miltons description of Satan through Paradise Lost. Milton began his epic with pseudo-heroic size of Satan as that of Typhon or Leviathan (1.201). Although Satan is a fallen angel, Milton left his majesty and glory as archangel to provide God with a worthy adversary. However, all the appearances he takes on after fall lesson this angelic nobility; he transforms into a cormorant, lion tiger, toad, and at last serpent. As Satan chooses to appear baser as time progresses, there is gradual decrease in a sinful wills power. His transformation displays an unregenerate aspect of the sinner. Satan did will to be a serpent, and his followers willed for him to corrupt Adam and Eve. However, once they commit sins, their wills are slavishly subjected to the sin that there is no chance of way-out from the sin. Thus, they repeat their sins involuntarily, reminding the results of devils decision to have no choice. Ultimately, the poet shows the abysmal fate of Satan that his will is annihilated as one becomes further enveloped in sin, for his will cannot be redirected from sin after God prevents him from being good. With all these careful plans by God, God not only has the power to trump what Satan uses evil actions of Satan as a part of his plan. By the end of the book, Raphael opens the idea of the fortunate fall, that the corruption of Adam and Eve is also in a way an act that brings more goodness to creation, for it leads to the coming of the Messiah who makes evil turn to good (12.471). Although Satan initially attempts to corrupt Adam and Eve to create evil and disorder in the universe, his will of creating evil actually falls under Gods plan of salvation for humanity. Therefore, when it comes to Satans proud action, it is really Gods will being done, not his, though Satan never realizes this fact. Finally, Satans belief in free-will is rather a delusion that he cannot act apart from God since all acts are performed in Gods service. Satan is rather a very tragic figure whose actions against God in exchange of his own punishments are actually used to serve Gods plans. While Miltons God is almost impossible to overcome, in Frankenstein, the creature seems to have more control over his situations. However, the creature, too, falls to the victim of predetermination by his creator, Victor. Since the time of being created by Victor, the creature is rejected by his creator and world and does not seem to have a place in the world. Since the beginning of his life, the creature is be already abandoned before he knows anything about the world he enters. When the creature muttered some inarticulate sounds, and his hand was stretched out to his creator, Victor refuses to listen and escapes the laboratory (59). In this scene, the creature is portrayed like a baby, who cannot speak a word, but stretch his hands to father for a protection. The rejection by his creator, Victor, indicates that there is already a gap between the actual creature and the imagined creature by the creator. This gap, which the creature does not perceive yet, already reflects the creature as unwanted life and abortion from Victor and his world. Victors first idea of creation and rebirth is somewhat ideal and beautiful, an art work only allowed to God. When Victor with knowledge of science created a life, the created life is rather false and ugly, pointing out that peoples imaginations that sound really appealing can be horrific when brought to the world. The rejection of Victor is therefore significant that the monster is not only rejected by his deformed physicality but also rejected by the fact that he is a resemble of false, imaginative ideas that must only stay in unreal world, in peoples imaginations. In this Mary Shelleys world of science fiction, the creature is able to be brought to the real world with scientific imagination, but since the creature is a false product of scientific imagination, he has no place to belong in the world. The creature is an outlier in the world and cannot shape his identity because his identity is free to be changed only in unreal world and in imagination of Victor. The view of the creature as the unwanted becomes more evident as the creature makes inarticulate sounds like a baby to communicate with his creator. Victors refusal to understand or co mmunicate with the creature suggests that the creatures link with Victor, which is the only connection the creature is born with, can easily fall apart, leaving the creature with no connection to the world, and therefore isolating him from the real world. Regardless of the creature is able to perceive or not, there is again a gap or loss of connection between the creature and the world. In addition to Victors rejection, even the nature of the real world seems to reject the creature. When the narrative is turned to the creature, he describes his experience of first entering the world: The light became more and more oppressive to me; I sought a place where I could receive shade (105). In Frankenstein, light is often a symbol of virtue and life which people use it to celebrate a new birth or goodness. The creature, however, finds more comfort in darkness than light, evidence that he does not seem to fit into the world. Light is rather a torture or discomfort for him that nature does not welcome him for entering the world. As the creature is rejected both in terms of nurture and nature, he clearly does not belong to the world. The idea that the creature does not belong to the world continues even after the creature becomes conscious of his surroundings. After gaining knowledge and human sense, the creature realizes that Satan had his companions, fellow-devils, to admire and encourage him, but [he] is solitary and abhorred (133). The creatures attempts for self-extension, for connection with community do not seem to work at all; as Satan has evilness to have fellow devils and belong to hell, the creature has labeled identity of a monster to belong to its category. It is a tragic irony that while ones original identity guides one to ones original community, there is no such thing as original community for the creature, who does not initially belong to the world. For the creature, the chance of belonging to this world is never given because it is Victor and society that attributes his labeled identity, forcing him to belong somewhere else. Despite his initial rejection from his creator and the world, the creature develops hope to be part of community. Without help of his creator, the creature educates himself to be closer to humankind. The creatures desire to be accepted and assimilated is apparent when he speaks his feelings toward cottagers: The more I saw of them, the greater became my desire to claim their protection and kindnessà ¢Ã¢â€š ¬Ã‚ ¦ to see their sweet looks directed towards me with affection was the utmost limit of my ambition (134). His desire to be a part of the cottagers lives, to have them accept and love him, illustrates a tangible connection felt between the creature and the rest of the humanity. The creature goes on to say I required kindness and sympathy; but I did not believe myself unworthy of it (134). The creature believes himself capable and even worthy of both emotional and psychological reciprocation and by extension, capable of existing in harmony with the rest of humankind. The creature confirms his belief by educating himself, showing that at least there is an opportunity for him to assimilate to the morals and ethics of humankind. The product of his self-education seems fruitful when the creature talks with Victor persuasively: my food is not that of man; I do not destroy the lamb and the kid to glut my appetite; acorns and berries afford me sufficient nourishment (148). Without the teaching from his creator, the creature is able to discern moral right and wrong. The creature is able to form his own code of behavior on example and the behavior he views from others despite the lack of formal education. This is notable that his instinctive sense of morality comes without any help of creator, and although his morality is not inborn, it is obtainable by the creature. Further knowledge on virtue and vice is given to the creature through the books: I read of men concerned in public affairs governing or massacring their species. I felt the greatest ardor for virtue ris e within me, and abhorrence for vice (131). The presence of a creator is again absent from his education, yet he is capable of developing a thoroughly structured sense of morality and ethics. His ardor for virtue and abhorrence for vice is a basis for strong intellectual development, as well as, being skillful in human relations, the end goal of the creatures self-education. His capability of changing himself by learning indicates that the creature is not an incommunicable evil monster by inherent constitution. He is rather born unformed without any shaped identity. Therefore, as he absorbs the characteristics of humans, he feels to be closer to mankind. Despite the creatures effort to be closer to mankind, his constructed inner-personality is easily overridden by his deformity, and ultimately cannot depart from predetermination by his creator, Victor. The fall of his inner-personality occurs when the creature is shot by a boy after the creature saves a girl. The feelings of kindness and gentleness which I had entertained but a few moments before, gave place to hellish rage and gnashing of teeth. Inflamed by pain, I vowed eternal hatred and vengeance to all mankind (143). The sudden turnover of creatures personality from kindness and gentleness to hatred and vengeance suggests how easily his constructed virtue and inner-personality to be a person can be replaced as if his efforts are worthless. Regardless of his efforts in creating his inner-personal identity, the labeled physical monstrosity overlaps his self-construction and even brings him back to his initial status, a rejected and isolated life from the world. The insignificance of his self-education becomes more apparent when Victor replays his rejection to the creature: Begone! I will not hear you. There can be no community between you and me (103). The repetition of Victors rejection is evidence that there is not much change in the creatures connection to the world after his self-education. Although the creature learns the value of virtue and community, Victor denies the creatures needs when he insists that there is no community. As the creatures efforts turn out to be futile, the creator, Victor, seems to be the only one who can save the creature from misery. Even though the creature renounces all his virtue and passion to revenge on Victor after destroying his mate, Victors death, the loss of creator, does not allow him to be independent from misery: in his murder my crimes are consummated; the miserable series of my being is wound to its close (221). While Victor is the creatures source of agony, Victor has been the only relationship he actually has i n the world. The death of Victor represents the loss of core link between the creature and the world, which allows him at least to stay in the world. His demise, in fact, brings the complete isolation of the creature in the world and therefore his own annihilation in the world. The classic science fictions reflect that overcoming the creator or a higher authority is near impossible, and even if one defeats ones creator, what left is ones self-annihilation because one is directly connected with the creator. The scientific imaginations from classic science fiction do not provide actual freedom or extension of independence beyond the limit of the world. In classic science fictions, the freedom of imagination rather brings down the individual by imagining a higher authority in form of supernatural. Therefore, at the time of classic science fiction, the ideas of science fiction are powerful tool to erase existing boundaries in oneself, but seem to paralyze one by giving new boundaries, that are taller than the old boundaries.

Existentialism :: essays research papers

Existentialism has been defined as a philosophical movement or tendency, emphasizing individual existence, freedom and choice that influences many diverse writers in the 19th and 20th centuries. The philosophical term existentialism came from Jean Paul Sartre, a French philosopher. He combined the theories of a select few German philosophers, the phenomenology of Edmund Husserl, the metaphysics of G.W.F. Hegel and Martin Heidegger, and the social theory of Karl Marx. This philosophy became a worldwide movement. One phenomenon of this theory is its proliferation. Since its creation it has remained a part of contemporary thought. One explanation for this is its applicability to contemporary life and society. It focuses on the utter existence of man itself. According to Sartre, a true existentialist believes there is no God and thus man becomes alone with only ourselves as a guide to making the decisions that define our existence. Our existence not only defines, but also must be defined. Subjectivism provides this definition. Subjectivity refers to the radical freedom to choose with or without a God, but also that this radical freedom becomes a responsibility to use or not use. Another definition, provided by Webster’s dictionary defines existentialism as a philosophical movement especially of the 20th century that stresses the individual position as self determining agent responsible for his or her own choices. It becomes very clear through the definitions provided, that existentialism focuses on two things, the individual and choice. Breaking apart the word itself, you come up with another word, exist, to have actual being, and also existent, which is to have existence. The suffix –ism denotes and action or practice. A minimal definition of existentialism might be, an individual practicing his or her right to make choices for him/herself, not communally, during their existence. The acceptance of responsibility for the decisions made must also be a part of this practice since making choices comes with the implication of responsibility. This way of thinking is similar to the teachings of Socrates and his theory of objective reality.

Qualitative Interview on Traits of a Healthy Marriage

Chronister recalled knowing Mr. Rob was â€Å"the one† that night, and Mr. Rob admitted to feeling â€Å"inadequate†¦ ‘ didn't think I had a shot in hell with her. † He decided to pursue her anyway, and said they were inseparable from that night forward. After dating for six months, the couple moved in together and cohabitated for the next 12 years. During that time, they both pursued degrees, Mr. Rob in criminal law and Mrs. Chronister in Biology. Once Mrs. Chronister completed her degree in the summer of 1995, the couple decided to wed. ecause of how their bills nd property were titled, they decided that Mrs. Chronister would not take Mr. Rob's name after marriage. The couple has no children but consider their two dogs, Buster and Baxter, their children. Mr. Rob is an attorney, and Mrs. Chronister is a substance abuse counselor. When asked to identify the greatest strengths in their marriage, strength. Both feel they can go to each other with any issue, and said they have a high level of mutual respect for one another. When asked to describe conflict resolution within their marriage, Mrs.Chronister reported that while they are both strong-willed and highly opinionated individuals, they respect each other's opinions and points of view and strive to find a common ground. Mr. Rob said it's all about â€Å"negotiating. † When asked what role spirituality and faith played in the success of their marriage, Mrs. Chronister said while she is very spiritual, Mr. Rob is much more religious and attends church alone. Mrs. Chronister added that they both hold Christian values and believe you should be kind to everyone no matter what their past is.They agreed that they both strive to be good people and help others when they are in need. When asked to describe the nature of their relationship with their in-laws, they both reported that neither set of in-laws agreed with their cohabitation and that it caused tension on both sides. The couple s aid once their parents realized that they were being responsible, working adults and getting educations, they â€Å"eased up† and accepted their relationship. Mrs. Chronister said she is very close to Mr. Rob's father and was close with his mother before she passed away.Mr. Rob reported feeling close to Mrs. Chronister's parents as well. Concerning roles in the marriage and the challenges associated with those, the couple described Mr. Rob as the breadwinner but much more irresponsible with handling money. Mrs. Chronister handles all finances and pays the bills. Neither of them felt their roles created challenges; Mrs. Chronister said if something comes up where they have a major bill or a vacation to save for, Mr. Rob will give her the money to save and that he doesn't do anything irresponsible with their money.When asked about one of the biggest challenges they went through as a couple, they agreed it was Mrs. Chronister's prior addiction to methamphetamine. She reported be ing sober for 7 years and 5 months as of October 20th, 2013, but said she spiraled out of control during her active drug use. Mrs. Chronister was arrested for distributing and manufacturing methamphetamine, and served 2 h years in prison for the charges. Mr. Rob recalled Mrs. Chronister â€Å"disappearing for days weeks at a time, pawning our things†¦ she Just had no control and I felt so lost.I had no idea where my wife had gone. † Mrs. Chronister said Mr. Rob â€Å"ran around trying to save me, but he couldn't. It took me wanting to change and save myself. † She said he stood by her side through all of it, and visited her every opportunity he had while she was in prison. When asked to discuss their philosophy on marriage and what they considered to be the most important parts, Mrs. Chronister said friendship was the most important part. Mr. Rob agreed, and added that finding a common ground and compromising with each other was equally important.

The Classical Hollywood Style By American Cinema - 1250 Words

American cinema seemingly dominates the movie industry globally and has developed a structure of its own that has influence visual storying telling every where, however, one can find a variation of this structure or even no structure at all when taking a closer look at certain foreign films and how they decide to tell a story. When viewing the critically acclaimed Three Colors: Red, a french movie that is apart of a larger anthology, I noticed that the film did not strictly follow the structure of the Classical Hollywood Style, but instead was seemingly influenced by American cinema provided that it achieved similar results typically seen with the use of Classical Hollywood Style such as having a change in the characters and having the†¦show more content†¦The momentum of a movie is also driven by a series of events that typically, as in the Classical Hollywood Style, displays the normal life of the characters, or an equilibrium, that subsequently gets turned upside down or thrown off by an event, or disrupted, and sends the protagonist and other characters on a journey that leads them to a new equilibrium; this paradigm is seen within the movie and is what leads the characters to change. The opening of the movie not only introduces the audience to the theme of being connected to one another by visually traveling through telephone wires to meet our protagonist Valentine, but also establishes our main characters and the lives they lead. The audience discovers in the first ten minutes that Valentine juggles a long distance relationship, ballet lessons, and a career as a model. Additionally, the audience is introduced to Auguste who is a student studying crime to become a judge and who is a boyfriend to a supportive woman named Karen. Furthermore, Kern is introduced to the audience when Valentine hits his dog with her car subsequently after the movie establishes the normal life of these characters. The pregnant dog becomes the catalyst to the story as itS how MoreRelatedIn Classical Hollywood Cinema, Most Films Are Voyeuristic1686 Words   |  7 PagesIn classical Hollywood cinema, most films are voyeuristic in nature. 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Nietzsche s Views On Religion And Morality - 1166 Words

When it comes to the topic of religion, most of us readily agree that there are certain rules and actions that God requires of his followers. Where this agreement usually ends, however, is on the question of why we follow the rules. Whereas some are convinced that following God’s rules leads to heaven, others maintain that religion is only a code of conduct that can get in the way of happiness by stripping us of our passions. In â€Å"Morality as Anti-Nature,† Nietzsche claims that all religions are founded in a moral code of conduct that is supposed to lead to happiness. However, Nietzsche thinks that these religious rules keep people from being happy, because passions are part of what make people happy. I agree with Nietzsche that every religion and morality is founded on a general principle of ‘do this and do that,’ and I also agree that religions and morality do some damage to our passions. 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Business & Corporations Law Vines v ASIC Samples for Students †MyAssi

Question: Discuss about the Business Corporations Law Vines v ASIC. Answer: Introduction The officers and directors in the companies across the globe have been provided the duty through the legislations to work in the best interest of the company, along with a number of other duties. In the same manner, in Australia, the Corporations Act 2001 (Cth) enforces various duties on the directors, which have to be followed. The Corporations Act 2001 puts forward such duties for the directors, along with the officers of the company (Latimer, 2012). The rationale behind enforcing these duties on the officers and directors is that the company is managed by or under the directions given by the officers and directors. The officers and directors are in a position of trust and their position enables them to use it for their private welfare. Some of the duties covered in this act relate to the duty of care, good faith, use of position, etc (Australian Institute of Company Directors, 2017). Vines v ASIC [2006] NSWSC 760 is one of such cases, where the duty of care, set out under the governing act, was breached by the officer of the company. Through this judgment, a clarification was given by the court regarding the responsibilities of the officers of the company, especially in cases relating to the forecasts of the profit during takeover (Australasian Legal Information Institute, 2006). The following parts cover a detail of this case. Vines v ASIC (2006) In this case, Geoffrey William Vines was the previous CFO, aka the chief financial officer in GIO Australia Holdings Limited. It was alleged that Vines had contravened the duty of care, when it came to drawing the forecasts regarding the profits, under the takeover bid (Jacobson, 2007). In 2011, the Australian Securities and Investments Commission, aka ASIC initiated the civil proceedings against Vines. This was in addition to the initiation of proceedings against Timothy John Henry, as well as, Francis Timothy Robertson, both of whom were the executives in the company. The proceedings were started regarding the Part B Statement which was published in the year of 1998 by GIO Australia Holdings Limited and that time, the takeover bid was being carried on (Piper Alderman, 2007). This particular statement contained a profit forecast of $80 million, particularly from the reinsurance division of the GIO Australia Holdings Limited. At the same time though, the reinsurance division of the company faced some major allegations due to the hurricane which struck in September 1998, i.e., Hurricane Georges, at both the Puerto Rico and the Virgin Island (Webster and Swan, 2007). One of the sections, i.e., section 232(4) of the previous applicable act, i.e., the Corporations Law 1989 was claimed to have been violated by Vines and the other two executives and this is often considered as the predecessor of the Corporations Act, 2001s section 181(1), along with section 232(2) of the old act (Webster and Swan, 2007). This section put a duty on the directors and officers to act with good faith and the same was a civil obligation. The issue was mostly related to the rationality of including the $80 million profit forecast, due to the claims and accusations pertaining to the exposure to Georges (Piper Alderman, 2007). In this case, it was held that Vines had contravened four different provisions under the previous Corporations Act as he failed in disclosing the relevant information to the company even when he was obligated to do so, due to his position of CFO in the company. In face of the allegations, Vines pleaded honesty defense as per section 1317S (Stephens Lawyers Consultants, 2007). Duties Breached Section 232 (2) of the Corporations Act 1989 puts an obligation over the officers of the particular body corporate to act in an honest manner, at all times, while exercising the powers which have been given to them, and also while discharging the obligation or duties which have been put on them due to the office they hold. Section 232 (4) of the Corporations Act 1989 puts another obligation on the officers of the particular body corporate to exercise the reasonable degree of diligence and care at all the times, while exercising the powers which have been given to them, and also while discharging the obligation or duties which have been put on them due to the office they hold (Jade, 2017a). The present day act, i.e., the Corporations Act, 2001 puts a civil obligation on the officers and directors of the company to exercise the powers which have been given to them, along with the discharge of the duties put on them, for a proper purpose, along with the same being in the best interests of the company and in good faith (Federal Register of Legislation, 2017). A breach of this section attracts the civil penalty contained in section 1317E of the company, which relates to the making of a declaration of contravention by the court (Australasian Legal Information Institute, 2017). Decision of the Court It was acknowledged by the Court of Appeal that there was no need of establishing a high order of negligence for the standard of care which has been set out in the old act, i.e., in the Corporations Laws section 232(4), when the same is compared to the duty which is provided through the general law. In the view of the court, the standard set out for care and diligence, which in this case was applicable upon Vines, did not extend to the contents covered in the Part B Statement (Webster and Swan, 2007). In addition to this, the information which was made available, fell in the structure of the procedure of due diligence. This was designed for ensuring that the final disclose which were made to the shareholders of the company were materially and adequately finalized and were as per the law. In addition to this, the disclosure were made in a manner which could allow the safeguarding of the individuals who were involved in this scenario, from the liability, which may be established in case of a defect being established at a future time period (Webster and Swan, 2007). The finding of Justice Austin, made in the earlier case relating to the contravention of duties by Vines for being an officer of the company were upheld by the Court of Appeal on three key grounds: The instance at which the management sign-off was signed by the Vines, relating to the due diligence report, which necessitated the advice to the committee of the company relating to the due diligence, in the matter of assumptions made for the profit forecast of $80 million, in absence of taking the required positive steps. The failure on part of Vines for informing this due diligence committee of the company regarding him having no issue regarding the reliability of forecasted profit of the company. And lastly, when he failed in giving the proper attention to the facts, irrespective of the attainment of the same by the reinsurance division of GIO, in an estimated time period after the Part B Statement was issued, but before the takeover process could end (Webster and Swan, 2007). However, the Court of Appeals did overturn some of the contentions which were made by the ASIC relating to some specific issues. Further, it was held by the Court of Appeal that there was no violation on part of Vines, relating to his duty of care, in the following cases: When an unqualified statement of management confidence was made by Vines on November 9th, 1998 to the board, regarding the profit forecast, in the reinsurance division of GIO. At the instance when Vines failed in providing the required information relating to the bases of the profit calculations, for the made forecast in his email dated November 22nd, 1998, to the due diligence committee, in addition to the report which formed the base for the media release sent on November 17th, 1998 (Webster and Swan, 2007). Even though it was held by the Court of Appeals that Vines had acted in a manner of honesty, the relief could not be granted to Vines due to the seriousness of the violations. It was also held by the court that Vines had to consider, the fact that the material information had to be disclosed or not, regarding which he had the knowledge. As per the findings in each of the cases, Vines acted out in a manner which had the effect of leaving out the substantial information. The failure of Vines, in providing the material information to the directors, left the directors to make the decisions based on mostly the incomplete facts (Stephens Lawyers Consultants, 2007). Geoffrey William Vines was also held responsible for making reliance over the senior executive who inaccurately reported a critical financial matter to him. This senior executive had been given the operational responsibility on the matter of the report. Though, it was the responsibility of Vines to investigate upon the report which was presented to him, due to his position as the chief financial officer, and he had to be satisfied about the presented report, by conducting an inquiry on his own behalf for the report to be valid. The grounds of heavy responsibilities, along with workload and the associated pressure were not considered as sufficient general excuses for Vines to have failed the discharge of his duties (Stephens Lawyers Consultants, 2007). In this case, the position of chief financial officer was considered as being equally relevant to the position of a director in a company. This position was accepted by the judges as being one with the special skills for a large company. And Vines had been appointed as one as he had special skill set. It was held by Justice Austin that the degree of diligence and care which was expected from Vines, encompassed the special skills which he had brought to the office, and for the degree of diligence and care which had to be exercised by Vines, the same in context of the actions of a reasonable person had to be judged (Black, 2015). Vines applied for relief from liability arising on 7 different contraventions, which were identified by the trial judge, i.e., Austin J. and the penalty imposed by the trial judge was appealed by both Vines and the ASIC (Australian Institute of Company Directors, 2011). When it was held that there was indeed a breach of the duties set out in the Corporations Act 2001, as per the draft presented by ASIC, a declaration of contravention was made by the court of law. In addition to this, the disqualification orders were made for both Robertson and Vines for a period totaling to three years, and the same was made for Fox, for a period totaling to twelve years. Along with the period for which the individuals were disqualified, they were also awarded with pecuniary penalty orders, which put a penalty of $100,000 on Vines, of $50,000 on Robertson, and lastly of $220,000 on Fox. This was coupled by a compensation order passed against Fox, to such amount of AUS dollar which amounted to the equivalent of US$143,750, as per the rates of exchange on the date of June 3rd, 1999. The costs borne by ASIC were also held to be paid by the three in proportions of 22% for Vines, of 28% for Robertson, and lastly of 33% for Fox (Jade, 2017b). Conclusion The case study of this case, i.e., the case of Vines v ASIC could be summarized to state that the officer of the company, i.e., Vines, Fox and Robertson had failed in the duties of care and diligence, which have been put on them due to the applicability of Corporations Act, along with the duty of acting with good faith, as they were the executive officer of the GIO Australia Holdings Limited. The judgment given in this case helps in clarifying, as well as, in establishing the duties and responsibilities which have been affixed on the executives of the company, particularly in the matter relating to the forecast of the profit, in a takeover bid. Apart from this, a broad interpretation of the judgment given in this case highlights that it is the duty of the executive officers and the directors of the company to make certain that the information which is given to the companys shareholders, for making the investment decisions are not only accurate, but also complete in all the material aspects. References Australasian Legal Information Institute. (2006) ASIC v Vines [2006] NSWSC 760 (2 August 2006). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2006/760.html?stem=0synonyms=0query=Geoffrey%20William%20Vines [Accessed on: 21/04/17] Australasian Legal Information Institute. (2017) Corporations Act 2001 - Sect 181. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s181.html [Accessed on: 21/04/17] Australian Institute of Company Directors. (2011) Directors Counsel. [Online] Australian Institute of Company Directors. Available from: https://www.companydirectors.com.au/director-resource-centre/publications/company-director-magazine/2011-back-editions/may/directors-counsel-the-skills-you-need [Accessed on: 21/04/17] Australian Institute of Company Directors. (2017) What are the duties of directors?. [Online] Australian Institute of Company Directors. Available from: https://www.companydirectors.com.au/membership/the-informed-director/what-are-the-general-duties-of-directors [Accessed on: 21/04/17] Black, S. (2015) Australia: The responsibilities of becoming a director. [Online] Mondaq. Available from: https://www.mondaq.com/australia/x/412934/Directors+Officers/The+responsibilities+of+becoming+a+director [Accessed on: 21/04/17] Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00003 [Accessed on: 21/04/17] Jacobson, D. (2007) ASIC v Vines Appeal Decided. [Online] Bright Law. Available from: https://www.brightlaw.com.au/asic-v-vines-appeal-decided/ [Accessed on: 21/04/17] Jade. (2017a) Corporations Act 1989 No. 109 Of 1989 - Table Of Provisions. [Online] Jade. Available from: https://jade.io/article/218423/section/6392 [Accessed on: 21/04/17] Jade. (2017b) ASIC v Vines [2006] NSWSC 760. [Online] Jade. Available from: https://jade.io/article/1022 [Accessed on: 21/04/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Piper Alderman. (2007) Piper Alderman Legal Update. [Online] Piper Alderman. Available from: https://www.piperalderman.com.au/__files/f/4017/PA%20eBulletin%20June%202007.pdf [Accessed on: 21/04/17] Stephens Lawyers Consultants. (2007) Corporations Law Update: Recent Decisions About Directors' Duties And Liabilities. [Online] Stephens Lawyers Consultants. Available from: https://www.stephens.com.au/Sites/2196/Images%20Files/Newsletters/October%202007%20-%20Corporations%20Law%20Update.pdf [Accessed on: 21/04/17] Webster, J., and Swan, C. (2007) Focus: Implications Of Vines v ASIC. [Online] Allens. Available from: https://www.allens.com.au/pubs/ma/fomamay07.htm [Accessed on: 21/04/17]