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Winding Up of a Company
Essay Topic: Company
Winding up of Company Section 425 of the Companies Act, 1956, deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. The company ceases to be a 'going concern'. The term winding up is defined as, 'the process by which the life of a company is ended and its property is administered for the benefit of its members and creditors. ' During the process of winding up, the assets of the company are sold and all the debts of the company are paid off.An administrator, called the liquidator, is appointed to take control of the winding up process of the company.
If any surplus is left, the liquidator would distribute it among the owners of the company in accordance to their rights.
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In case the assets are insufficient, the owners may have to compensate if the agreement so specifies. Any company does its business under the regulations set by the Act. It needs to follow the provisions of the act and work in accordance to the memorandum and articles set to govern the company's activities. It has to consider the interests of its owners, creditors as well as the public.If the company trespasses any of the provisions of the act, it may lead to winding up of the company. A company may have to face winding up proceedings on many accounts.
The company could be wound-up either by a tribunal (through court) or voluntarily by the members of the company. A sick or potentially sick company can file a petition for voluntary winding up of company. The company must seek clearance for closure from the government. A company referred to the Board of Financial and Industrial Reconstruction can be wound-up after the order is passed by the board.Once the amount of settlement (assets minus liabilities) is determined, the permission of RBI is taken to make the final settlement to the owners of the company. Compulsory winding up of a company may arise owing to many issues. Winding up application can be filed against the company on the grounds of unlawful activities, or inability to pay the debts, or reports are not filed as provided or not followed memorandum and articles etc.
It is greatly affected by the circumstances and facts of the case. However, in the view of public, winding up of company is seen as the company being financially not good.So, the company must try to avoid the situations which lead to a wrong impression on the minds of the public. After the entire affair is completed, the company is dissolved and its name is removed from the register of companies. The company's legal personality comes to an end and it ceases to exist. As per Section 425 of the Act, the modes of winding up are: 1. Winding up by the court.
2. Voluntary winding up, a. Members' Voluntary winding up. b. Creditors' Voluntary winding up. 3. Winding up subject to supervision of the court.
Winding Up By The Court.Voluntary Winding Up. Winding Up Subject To Supervision Of Court. Winding up of Company Winding up By The Court Who Can Apply To Court, For Winding Up Petition? ( SEC 439) Following persons can apply to the court, for petition for winding up: • The company itself • The creditor • Any Contributory • Registrar • Any person authorised by central government, in case of oppression or mismanagement (397) What Orders, The Court May Pass ? (SEC 443) The court may pass any one of the following orders on hearing the winding up petition. 1. Dismiss it, with or without costs 2.Make any interim order, as it thinks fit, or 3.
Pass an order for winding up of the company with or without costs. Stay Order Where, the court has passed a winding up order, it may stay the proceedings of winding up , on an application filed by official liquidator, or creditor or any contributory. (466) DISSOLUTION OF COMPANY (481) Finally the court will order for dissolution of the company, when : 1. the affairs of the company are completely wound up, or 2. the official liquidator is unable to carry on the winding up procedure for want of funds. inding up of CompanyVoluntary Winding Up A company may , voluntary wind up it's affairs, if it is unable to carry on it's business, or if it was formed only for a limited purpose, or if it is unable to meet it's financial obligation, and etc. A company may voluntary wind up itself, under any of the two modes: • Members voluntarily winding up • Creditors voluntarily winding up A company may voluntarily wind up itself, either by passing : An ordinary resolution, where the purpose for which the company was formed has completed, or the time limit for which the company was formed, has expired.
Or By way of special resolution Both types of resolution shall e passed in the general meeting of the company. (484) Once the resolution of voluntarily winding up is passed, then the company may be wound up, either through : • Members voluntarily winding up, or • Creditors voluntarily winding up The only difference between the abate two, is that in case of members voluntarily winding up, Board of Directors have to make a declaration to the effect, that company has no debts. (488) Winding up of Company Winding Up Subject To Supervision Of Court Winding up subject to supervision of court, is different from "Winding up by court. " • Here the court only supervise the winding up procedure. Resolution for winding up, is passed by members in the general meeting. It is only for some specific reasons, that court may supervise the winding up proceedings. The court may put up some special terms and conditions also.
• However, liberty is granted to creditors, contributories or other to apply to court for some relief. (522) • The court may also appoint liquidators, in addition to already appointed, or remove any such liquidator.The court may also appoint the official liquidator, as a liquidator to fill up the vacancy. • Liquidator is entitled to do all such things and acts, as he thinks best in the interest of company. He shall enjoy the same powers, as if the company is being wound-up voluntarily. • The court also may exercise powers to enforce calls made by the liquidators, and such other powers, as if an order has been made for winding up the company altogether by court. ( 526) Unregistered Companies(583) In simple words, an unregistered company, is a company which is not registered or covered under provisions of companies Act.
956 ( 582) An unregistered company, cannot be wound up voluntarily, or, subject to super vision of court. Foreign Companies(584) A foreign company, is a company which is incorporated outside India, and having a place of business in India. Winding up of such companies is only limited to the extent of it's assets in India. In respect of assets and business carried outside India, Indian courts has no jurisdiction. Government Company A Govt. company, means a company, in which 51% or more of, shares are held by a govt. company Other Webpage: Winding up of Company:Winding up of a company is the process whereby its life is ended and its property administered for the benefit of its creditors and members.
An administrator called a liquidator, is appointed and he takes control of the company, collects its debts and finally distributes any surplus among the members in accordance with their rights. Kind of Companies can be wound up: Only a limited company can be wound-up. The term "winding-up" (or "wound-up") bears a similar meaning of "liquidation". It generally means that all the assets of the company would be realized (sold off and converted to cash) through a legal process in order to repay its debts.Winding-up would bring a company to an end. A limited company is a company that is registered under the Companies Ordinance. It is a separate legal entity (i.
e. it can sue or be sued in legal proceedings). The liabilities of shareholders are limited to the value of the company's shares held by them (limited by shares). Another situation, which is not common in commercial organizations, is that the liabilities of shareholders are limited to the amount in which the shareholders have agreed to contribute to the company's assets if the company is being wound-up limited by guarantee). An "unlimited company" or a sole trader is not a "company" in a strict sense. It is a business operated in the form of a sole proprietorship. In other words, the business is owned by an individual.
A sole proprietor is solely and personally responsible for the liability of the business. A partnership is a form of business owned by two or more persons (partners). The partners are personally jointly and severally liable (i. e. every partner should be liable) for the liability of the business. An overview of winding-up procedures:You can get a general picture on the winding-up procedures (except "voluntary Winding up) from the following steps: Firstly, issuing a written demand for debt repayment to the target company Secondly, presenting a winding-up petition to the Court and the company. Thirdly, Court hearing for the petition.
Fourthly, granting of winding-up order by the Court. Fifthly, meeting of creditors and other relevant parties. Sixthly, appointment of liquidator. Seventhly, realization and distribution of company's assets to the creditors. Eighthly, release of duties for liquidator. Lastly, dissolution of the company.Modes of Winding up of the company: A Company may be wound up in any of the following modes: 1.
By the Tribunal i. e. compulsory winding 2. Voluntary winding up, which may be (a) Member's voluntary winding up; (b) Creditor's voluntary winding up; Winding up by the Tribunal: o If the company has, by special resolution, resolved that the company may be wound-up by the tribunal; o If default is made in delivering the statutory report to the registrar or in holding the statutory meeting; o If the company does not commence its business within a year from its incorporation, or uspends its business for whole of a year; o If the number of members are reduced then their required number; o If the company is unable to pay its debts; o If the tribunal is of the opinion that it is just and equitable that the company should be wound up; o If the company is in default in filing up with the Registrar its balance sheet and profit and loss account for five consecutive financial years and o If the company has acted against the interests of the sovereignty and integrity of India or security of any state, friendly relation with foreign States, public order, decency and morality.Voluntary Winding Up: In case of voluntary winding up, the entire process is done without Court Supervision. When the winding up is complete, the relevant documents are filed before the Court for obtaining the order of dissolution. A voluntary winding up may be done by the members as it may be done by the creditors.
The circumstances in which a company may be wound up voluntarily are: – 1. When the period fixed for the duration of the company in its articles has expired 2. When an event on the happening of which the company is to be dissolved as per its articles happens 3.The company resolves by a special resolution at a general meeting to be voluntarily wound up. A voluntary winding up commences from the date of the passing of the resolution for voluntary winding up. This is so even when after passing a resolution for voluntary winding up, the Court presents a petition for winding up. The effect of the voluntary winding up is that the company ceases to carry on its business except so for as may be required for the beneficial winding up thereof.
Persons may petition the Court for winding up: – 1. The Company 2. Any creditor of the Company 3.Any contributory or shareholder. Contributory means every person liable to contribute to the assets of a company in the event of its being wound up and includes holders of its fully paid shares. While every member of a company becomes a contributory, not every contributory is a member. Besides members, any person who ceased to be a member 1 year prior to the commencement of winding up is also a contributory.
4. The Registrar may petition for winding up in the following circumstances: – (i) If default is made in delivering statutory report or holding the statutory report. ii) If the company does not commence its business within one year from its incorporation or suspends its business for a whole year. (iii) If it appears to him either from the financial position of the company as disclosed in the balance sheet of the company or from the report of a special auditor or an inspector that the company is unable to pay its debts. (iv) Where the Registrar is authorized by the Central Government to petition for winding up the company. (v) Where the number of members of the company fall below the statutory minimum. (vi) Where it is just and equitable that the company be wound up.
5.Any person authorized by the Central Government. Under section 243, if any report of an inspector appointed to investigate the affairs of the company discloses: – (i) That the business of the company is being conducted to defraud its creditors or members or for a fraudulent or unlawful purpose (ii) That the persons concerned in the formation or management have been guilty of fraud, misfeasance, and it appears to the Central Government from such report so to do, then the Central Government may authorize any person including the Registrar to petition for winding up the company on the ground that it is just and equitable to do so. . The Official Liquidator attached to a Court where a company is already being voluntarily wound up and such voluntary winding up cannot be continued with due regard to the interests of the creditors or contributors or both.Liquidator can be released from the relevant duties in a winding-up proceedings: The liquidator can apply to the Court for the release of the duties once the followings have been accomplished: – all the assets of the company have been realized (i. e.
all assets have been sold and converted to cash); – investigations related to the winding-up proceedings are completed; and a final dividend (if any) has been paid to the creditors to settle the debts The liquidator will send notices, together with a summary of the relevant receipts and payments in the liquidation, to the creditors and contributories of the company of the intention to apply to the Court for release from the duties as liquidator. At this point, any creditor or contributory has 21 days from the date of the notice to raise objection to the intended release of the liquidator. After obtaining the order for release from the court, the liquidator will file a "Certificate of Release of Liquidator" with the Registrar of Companies.The company shall be dissolved two years after the filing of the "Certificate of Release of Liquidator". Conclusion: After analyzing, it is found that the right to apply for winding up is the creature of statute and not of contract. But it should be noted that the winding up proceeding are greatly affected by the facts and circumstances of a particular case. The machinery of winding-up cannot be used as a pressure tactics.
It is the stage, where by the company takes its last breath.
Winding Up of a Company. (2019, Mar 03). Retrieved July 18, 2019, from https://phdessay.com/winding-up-of-a-company/.
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The Law Firm Practice Management Committee of the NBA-SBL provides lawyers and law firms with practical tools required to enhance their practice, their business development skills and their management capabilities.
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Q: Survival Analysis - Delayed Entry? I'm analysing a data set of loans in order to estimate the prepayment risk.
One thing which differs from my experiment setup compared to the usual biological/medical experiments is the "time frame".
Medical/biostatistics experiments usually have clear defined start and ending dates of the experiment, for example, the experiment starts in 2000 and ends in 2010 for every individual, whether they survive or not.
In my case I got the same ending point of the experiment, whereas the starting dates of the individuals differ.
For example, individual 1 starts in 2001 and ends in 2010, individual 2 starts in 2007 and ends in 2010, individual 3 starts in 2005 and ends in 2010 and so on, whether the individuals die or not during that frame.
Is survival analysis, specifically Cox-Regression, with delayed entries possible?

A: Your scenario raises the issue of selection bias.
In order for an individual to be selected for measurement into your study, they must survive until their first period of measurement, and as you point out each individual has a different time of entry. This effectively means that individuals who start later have periods of 'immortality' where they cannot have died (or been excluded for other reasons pertaining to your research), making them more likely to be special in some way as compared with folks who entered the study earlier. For example, individuals entering the study 2002 or later, are individuals who survived past 9/11, whereas those entering the study before 9/11/2001 did not have to survive this.
To help minimize the effects of selection bias:

*

*Be super explicit about defining your target population, and, consequently, your inferences.

*Be very careful about comparisons of survival between groups with different distributions of first period of observation dates (ideally the distributions should be identical). Otherwise you run into survivor effects (e.g., healthy worker effect).

*If start time distributions vary between comparator groups, include it in your model as an age at entry term, or stratify by it. Including age (either age since birth, or some kind of elapsed time as a control relevant w/r/t your study, a la 'years since surgery' or 'years since graduation') as a covariate or stratifying variable in your model.
NB: If you artificially create a uniform starting time for each person in your data set, then you create an 'immortal person-time' bias (see Rothman and Greenland), which will tend to bias rates toward 0, and as a consequence bias comparisons toward no difference.
Rothman, K. J. and Greenland, S. (1998). Modern Epidemiology, chapter Cohort Studies—Immortal Person-Time. Lippincott-Raven, 2nd edition.

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Narrowboating Chick | Later Start- Later Finishing in the Day.
Well, the forecasters were correct and we woke up to the sound of rain on the roof. Not just light showers, but the heavy, in for the day, rain that comes in heavy bursts. We made the most of the opportunity and had a lie in and a leisurely breakfast. I even had to light the fire…in late May!!! Anyway. The rain eased off about 11.00 ish and, as is normal at the end of a trip, we were thinking about our schedule, so Marcus set off. Fortunately the rain eased off and by the time we got to Fazeley Junction we had bright sunshine.
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What Is an Angel Investor?
Understanding Angel Investors
Origins of Angel Investors
Who Can Be an Angel Investor?
Investment Profile
Private Equity & VC
Angel Investor Definition and How It Works
By Akhilesh Ganti
Gordon Scott
Reviewed by Gordon Scott
Gordon Scott has been an active investor and technical analyst or 20+ years. He is a Chartered Market Technician (CMT).
Learn about our Financial Review Board
Investopedia / Laura Porter
An angel investor (also known as a private investor, seed investor or angel funder) is a high-net-worth individual who provides financial backing for small startups or entrepreneurs, typically in exchange for ownership equity in the company. Often, angel investors are found among an entrepreneur's family and friends. The funds that angel investors provide may be a one-time investment to help the business get off the ground or an ongoing injection to support and carry the company through its difficult early stages.
An angel investor is usually a high-net-worth individual who funds startups at the early stages, often with their own money.
Angel investing is often the primary source of funding for many startups who find it more appealing than other, more predatory, forms of funding.
The support that angel investors provide startups fosters innovation which translates into economic growth.
These types of investments are risky and usually do not represent more than 10% of the angel investor's portfolio.
Angel investors are individuals who seek to invest at the early stages of startups. These types of investments are risky and usually do not represent more than 10% of the angel investor's portfolio. Most angel investors have excess funds available and are looking for a higher rate of return than those provided by traditional investment opportunities.
Angel investors provide more favorable terms compared to other lenders, since they usually invest in the entrepreneur starting the business rather than the viability of the business. Angel investors are focused on helping startups take their first steps, rather than the possible profit they may get from the business. Essentially, angel investors are the opposite of venture capitalists.
Angel investors are also called informal investors, angel funders, private investors, seed investors or business angels. These are individuals, normally affluent, who inject capital for startups in exchange for ownership equity or convertible debt. Some angel investors invest through crowdfunding platforms online or build angel investor networks to pool capital together.
The term "angel" came from the Broadway theater, when wealthy individuals gave money to propel theatrical productions. The term "angel investor" was first used by the University of New Hampshire's William Wetzel, founder of the Center for Venture Research. Wetzel completed a study on how entrepreneurs gathered capital.
Angel investors are normally individuals who have gained "accredited investor" status but this isn't a prerequisite. The Securities and Exchange Commission (SEC) defines an "accredited investor" as one with a net worth of $1M in assets or more (excluding personal residences), or having earned $200k in income for the previous two years, or having a combined income of $300k for married couples. Conversely, being an accredited investor is not synonymous with being an angel investor.
Essentially these individuals both have the finances and desire to provide funding for startups. This is welcomed by cash-hungry startups who find angel investors to be far more appealing than other, more predatory, forms of funding.
Angel investors typically use their own money, unlike venture capitalists who take care of pooled money from many other investors and place them in a strategically managed fund.
Though angel investors usually represent individuals, the entity that actually provides the funds may be a limited liability company (LLC), a business, a trust or an investment fund, among many other kinds of vehicles.
Angel investors who seed startups that fail during their early stages lose their investments completely. This is why professional angel investors look for opportunities for a defined exit strategy, acquisitions or initial public offerings (IPOs).
The effective internal rate of return for a successful portfolio for angel investors is approximately 22%. Though this may look good for investors and seem too expensive for entrepreneurs with early-stage businesses, cheaper sources of financing such as banks are not usually available for such business ventures. This makes angel investments perfect for entrepreneurs who are still financially struggling during the startup phase of their business.
Angel investing has grown over the past few decades as the lure of profitability has allowed it to become a primary source of funding for many startups. This, in turn, has fostered innovation which translates into economic growth.
Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.
Corporate Finance Institute. "Angel Investor."
U.S. Securities & Exchange Commission. "Accredited Investor."
Angel Resource Institute. "2016 Angel Returns Study."
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What Does an Investor Do? What Are the Different Types?
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Seed capital is the money raised to begin developing a business or a new product. It might cover only the essentials such as a business plan and operating expenses.
An archangel is an angel investor who's gone through numerous high-profile, successful exits.
Venture Capital: What Is VC and How Does It Work?
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Cover Story - Spring 2018
A Vacuum at the Center
How a demagogue resembles a typhoon, and why it matters to the future of the republic
By W. Robert Connor | March 5, 2018
Photo illustration; Alamy
The politician stands before a roaring crowd, or dominates a TV debate, or fires up his already ardent followers with storms of tweets. Is he a populist or a demagogue? The terms are often treated as interchangeable, although populist has today become far more widely used. A look at the origins of the two words, though, shows the importance of distinguishing between them, especially now in the era of Donald Trump. What the political thinkers of the past feared about demagogy has become the most pressing question in American political life: Is our president another of the populists who come and go through American history, or is he a demagogue and hence a clear and present danger to the Republic? The distinction between the two words is best understood by going back to classical antiquity.
On Populist and Populism
Sometimes language, especially the language we use to discuss politics, is a $20 bill found on a sidewalk. We have no idea where it came from and don't care how old or new it is. We simply pick it up and use it for whatever purpose is at hand. In our current political situation, populism is like that $20 bill: it seems a lucky find, enough to get us through an otherwise difficult patch. It's reassuring, too, as a reminder that our problems are not unique to this moment. Populism has been seen before. In America, it wins support, then fades away, then recurs in new forms as time goes on: the Know Nothing Party (a.k.a. the Native American Party) of the 1850s, William Jennings Bryan (1860–1925), the America First movement in the years leading up to the Second World War, and many others. And don't forget the man whose image is on that $20 bill: Andrew Jackson, president from 1829 to 1837, our archetypal populist, although it was not a word he ever heard. Populism is a hybrid, the first part of which comes from the Latin populus, the people, while the ending echoes Greek nouns terminating in -ismos. In English, words with this ending regularly imply a system of belief or an ideology—communism, socialism, capitalism, fascism, and so on. Hence populism hints at policies and programs, or at least a claim of having some coherent political thought behind it.
American history is full of movements that may in retrospect be labeled populist, but the word is hard to find before the time of the Farmers' Alliance, an agrarian reform movement of the 1880s that turned into the People's Party or the Populists in 1892. That's when populism was coined. For a long time, this term stayed right there, confined to that context, and was rarely used in a more general way. But in the 1960s, the vocabulary of populism took off. Part of the impulse came from a broadening of semantic range to include what the Oxford English Dictionary defines as "a person who seeks to represent or appeal to the interests of ordinary people." The earliest example of this usage in the OED is from 1961. Now, amid political turbulence in Europe and the United States, the word's range has expanded to characterize the uneasy mood of contemporary voters. Thus, we hear of "populist views and sentiments," "the populist mindset," and a "populist Zeitgeist"
The vocabulary of populism has taken over much of the territory once occupied by demagogue. Although caution is needed when using the Ngram Viewer capacity of Google Books, it shows the dominance, in English-language books, of demagogue over populist from 1800 to 1970, followed by a surge in populist and a steady decline in demagogue until 2000, the most recent year for data. The two are at a ratio of approximately 9:1 in recent Google books. A similar pattern emerges when populism is compared on Ngram with demagogy and demagoguery. Switching to Google Search, one finds that populist is more commonly used in connection with recent politicians. "Donald J. Trump populist," for instance, appears about three times more often than "Donald J. Trump demagogue."
The objective tone of populist and populism seems to hold out a tool to help political scientists explore the forces that drive much of contemporary politics. Demagogue and demagogy, by contrast, sound prejudicial. The jury seems already to have spoken once the charge of demagogy is pronounced. No wonder, then, that the word has gone out of fashion, while the seemingly up-to-date and ostensibly objective populist and populism prevail in today's political analyses. These terms have achieved prevalence for a reason: the need for a vocabulary to describe the broad appeal of certain movements, here and abroad, that have surprising, puzzling, and sometimes frightening implications. At this moment, populism appeals to our preference for an unprejudiced way to bring to light what lurks below the surface of these forms of politics: feelings of neglect, disappointment, frustration, demoralization; distrust of elites; fear and even hatred of difference. These feelings are visceral, often hidden beneath the level of conscious reflection. Such emotions come to the surface when the correct words are spoken. But are populist and populism the words to do the trick?
There is reason for caution. The terms often cannot stand without qualification. Populism, for instance, when applied to contemporary politics, begs for adjectives, as when Jürgen Habermas warns against "authoritarian/populist leadership" or when others deplore "right-wing," "nativist," "racist," "xenophobic," "authoritarian," "alt-right," "bogus," "fake," "opportunistic," "autocratic," and even "demagogic" populism. The term agglutinates, attaching other terms to itself, until we stumble over them, as when a writer in Vox refers to "European style–nationalist populism and all of its bigoted and Islamophobic overtones."
Demagogue and demagogy, by contrast, seem to repel qualifiers. Although demagogy may look like populism, borrow populist rhetoric, or copy populist policies, at its core it is, as we shall see, a distinct species in political zoology. A demagogue is a demagogue, pure and simple.
By now, despite the need for caution, populist has grown so much in appeal that I suspect we would find it hard to imagine getting along without it. Yet in the long history of political thought, this expansion of populist discourse is a recent phenomenon. The authors of The Federalist Papers as well as Alexis de Tocqueville, Edmund Burke, John Locke, Thomas Hobbes, and many other political thinkers got along without the term. They made do with demagogue and its relatives or drew on analogies from history, such as the struggles in Rome between the Populares and the Optimates, and the history of popular leaders, ancient and modern. Even without populist and populism, they developed a rich political discourse, of which demagogue and its relatives were an important part.
The Origin of Demagogy in Ancient Greece
Demagogy first appears during the war between Athens and the Peloponnesians in the late fifth century BCE in the person of the Athenian Cleon, who was probably the first of a new breed of Athenian politicians. These new politicians were not scions of respected families of inherited wealth and high standing in the society. They had not, it seems, developed networks of influential friends and allies, or proved their worth by rising through the ranks and demonstrating their manly courage in the military. Each of them had probably gained the wealth and leisure for politics from commercial activities, but it was new wealth, often despised across the social spectrum. The death of Pericles in 429 BCE and the increasingly evident failure of his strategy to bring the Peloponnesian War to a prompt and successful conclusion presented an opportunity for new forms of leadership.
Each year people from the countryside moved behind the sheltering walls of the city while Peloponnesian troops ravaged the land of Attica, and then withdrew when their supplies ran out. Athenian sailors retaliated on long voyages, attacking towns along the coast of the Peloponnese. This war of attrition took a terrible toll on the Athenians, reflected, for example, in a fragment of a speech by the orator Andocides:
Never again may we see the colliers coming in from the hills to the town—the sheep and oxen and the wagons—the poor women and old men—the laborers arming themselves! Never more may we eat wild greens and chervil!
The consequences of the crowding in the city were both physical—hunger, and ultimately plague—and psychological, as Thucydides showed in his account of the plague in his history of the Peloponnesian War. The effects, however, went beyond those afflictions. From these circumstances arose the opportunity for Cleon to differentiate himself in every possible way from his predecessors. He seems not to have had any fresh solution for Athens's difficulties, but he spoke and acted in unprecedented ways. The Aristotelian Constitution of the Athenians, in a capsule history of Athenian politics, describes him in this way:
When Pericles died … the head of the People was Cleon, son of Cleaenetus, who greatly corrupted the people by impulsive onslaughts; he was the first to shout and slander on the podium, and made his speeches, with his cloak rolled up, even though everyone else spoke in a proper manner.
Cleon shouts; he bawls; his voice cracks. It's the new show in town, constant entertainment, hard not to watch.
No existing term seemed adequate to characterize this style of political leadership. Cleon was certainly not a hegemōn, leader, in any traditional sense; neither was he (yet, at least) a tyrannos, a tyrant. A new word needed to be coined. Someone, perhaps the comic poet Aristophanes, took dēmos, a word spanning populace, the electorate, ordinary people, and combined it with -agōgos, an ending used to form words of many sorts—from the slave who leads a child to a teacher ( paidagōgos, pedagogue) to a basket for hauling dung (a kopragōgos). The result was a compound, like dēmokratia, democracy. Although the coinage may sound neutral, its early uses suggest hostility to an unprecedented and untested form of leadership.
This is clear in the earliest extant uses in Aristophanes's comedy The Knights, first produced in 424 BCE. Here the term is applied to Sausage Seller, a character in the play. A slave of old man Demos (the populace or the electorate) tries to persuade Sausage Seller to challenge Paphlagon, a crook who has wormed his way into Demos's affections. Sausage Seller demurs, claiming he is not qualified for such a position. After all, he says, "I can only read and write real bad." The slave responds:
That is what may stand in your way, knowing how to read, even "real bad." A demagogue shouldn't be either educated or honest; he has to be an ignoramus who will turn your stomach. … You've got all it takes to be a demagogue: a disgusting voice, low birth—you're from the agora—everything necessary for politics. (Translations of Aristophanes are based on those edited by Eugene O'Neill Jr.)
When the crook Paphlagon comes onstage, he speaks perfect demagogue—profanity, threat, accusations, hyperbole, and invective:
By the Twelve Gods! Too long have you been conspiring against Demos. What's this? A cup from Chalcis? That means a plot for Chalcis to revolt. You will be killed and butchered, you pair of scoundrels.
It does not take long to recognize that Paphlagon is, as the manuscripts indicate, a caricature of Cleon. Eventually, however, he is outmaneuvered and outshouted by the hawker of sausages, who becomes the new Demagogue-in-Chief. He has every one of Paphlagon's vices in even more extreme form.
Aristophanes loved such political satire. Thinly veiled attacks on Cleon's demagogy continue in other of his comedies, notably The Wasps, first performed in 422 BCE. There, Aristophanes brings into focus a major source of Cleon's power, his domination of the court system. The plot turns on the devotion of an old man to jury service, and to the prosecutions Cleon instigates. Only with great difficulty does the old man's son, who loathes Cleon, wean him from his addictive folly.
The courts provided an important source of power, but Athenian demagogues could not succeed without dominating the citizens' legislative body, the assembly. That is where the near-contemporary Thucydides situates Cleon in his narrative. In his account of the year 425 BCE, he presents Cleon in action in the assembly, giving him an epic-sounding patronymic ("son of Cleaenetus") and calling him an anēr, which would normally mean "a real man, a man of distinction." But to it Thucydides adds dēmagōgos, thereby producing a paradoxical phrase. It may at first sound like praise, or like one of Thucydides's formulaic introductions of a major character. More likely it is scorn and sarcasm, using upscale language for a decidedly downscale politician, as if he were saying "a man distinguished for his lack of distinction."
What Thucydides meant by calling Cleon a demagogue becomes clear when he notes that the leader was at that time "most persuasive" with the majority of the citizens. The superlative echoes a phrase in an earlier episode when Cleon advocates extreme brutality against the rebellious city of Mytilene and is characterized as "the most violent of the citizens and at that time by far to the populace the most persuasive."
In Thucydides's view, violence and persuasiveness go hand in hand when a demagogue such as Cleon is in action. When the assembly debates how to take advantage of an opportunity that arises after crack Spartan troops are bottled up on an island not far from Pylos in the Peloponnese, Cleon boasts that if he were on the scene, the Athenians would capture those Spartans within 20 days, and "if they had real men for generals … and if he himself had been in command, he would have done it." Both the insult and his promise are outrageous, given the tactical difficulties of such an operation and the Spartans' reputation for fighting to the death. Cleon's promise seems to blow up in his face when the general Nicias turns over his command to him. But no: Cleon brings it off. For all their bluster, demagogues do not always fail.
Thucydides also exposes Cleon's anti-intellectualism, representing him as telling the assembly,
ordinary men usually manage public affairs better than their more gifted fellows. The latter are always wanting to appear wiser than the laws … and by such behavior too often ruin their country.
Cleon was a powerful and skillful speaker, though he does not appear as someone trained in rhetoric—perhaps quite deliberately so. Crude speech distances him from the Sophists, and from all intellectuals, including his predecessor, the eloquent Pericles.
Given Thucydides's and Aristophanes's characterization of Cleon, it is no wonder that he became the Greeks' archetypal demagogue, and that by the end of the fifth century BCE this term had become securely established. No close equivalent, however, appears to have rooted itself into Latin soil, where popularis could be enlisted to work in a pejorative way. The word demagogue skipped over Latin but in the 14th century landed in the study of Nicole Oresme, the learned bishop of Lisieux, France. Still, the Académie française did not recognize it until 1762. Across the channel, it was in use by 1649, when Milton spoke of "the affrightment of this Goblin word." It has continued in circulation to the present, though it now seems like a tattered $2 bill, still legal tender, but used only sporadically.
Cleon and demagogy may now be fading out of our cultural memory, but they can still improve our understanding of politics, especially if we take one further step and examine a recurring theme in Aristophanes's The Knights: Cleon as an extreme meteorological event.
Storms, Hurricanes, and Typhoons
In The Knights, Paphlagon-Cleon and Sausage Seller turn political discourse into a storm of shouts and a whirlwind of accusations, threats, and promises. Demagogues bluster. Aristophanes saw that and made storm winds a theme of this comedy; for example, Paphlagon threatens to attack Sausage Seller like something that throws both land and sea into disorder.
Such meteorological threats add up to something more than the familiar characterization of a politician as a blowhard. The meteorological theme is well established when the Athenian knights who form the chorus of the play step aside to address the audience as if in their own words, praising Aristophanes because he shares their hatred of Cleon and his ilk, and because "he boldly braves both waterspouts and hurricanes"—that is, the threats and bombast of the demagogue. What is here translated as waterspouts is in Greek typhōs, a double-edged word, which connotes both wild storms and their personification as Typhon, a mythological embodiment of cosmic disorder and the source of our word typhoon. Hesiod describes this monster as the child of disgruntled Earth and hellish Tartarus. He was hundred-headed, Hesiod said, and
inside each one of these horrible heads there were voices that threw out every sort of horrible sound, for sometimes it was speech such as the gods could understand, but at other times, the sound of a bellowing bull, proud-eyed and furious beyond holding, or again like a lion shameless in cruelty, or again it was like the barking of dogs, a wonder to listen to. (Based on a translation by Hugh G. Evelyn-White.)
The Greeks also saw in Typhon a metaphor for a type of personality, as Socrates indicates in Plato's Phaedrus, when he emphasizes how important it is for him "to know whether I am a monster more complicated and more furious than Typhon or a gentler and simpler creature, to whom a divine and quiet lot is given by nature" (translation by H. N. Fowler).
How Demagogy Works
When we moderns hear the word typhoon, we do not think of the Greek mythological figure who has lent his name to the phenomenon. The metaphor, however, helps characterize demagogy and reveals something the Greeks only hinted at, the near vacuum at the center of such phenomena. Typhoons and many other extreme weather events suck into themselves whatever they encounter, grind it up, then spew out a trail of destruction. That is how demagogy works and is one major difference between it and populism.
At the core of demagogy is a vacuum. That is not usually the case with populism, since populist leaders typically have firm commitments to specific policies. They stand for something. It can be asked whether what they propose seems wise or otherwise. Of the demagogue, however, a more fundamental question needs to be asked: whether there is any inner coherence at all, for a demagogue can blow hot and cold, this way and that, adopt phrases or policies from one source one day and repudiate them the next. There may be nothing at the core except a vacuum that sucks into itself clichés, slogans, facts, factoids and fabrications, fragments of ideologies, policies developed by others, sometimes those others themselves—whoever and whatever might help him gain power at any given moment. Then, at his whim, he disgorges it all. The political vacuum at the core of demagogy, moreover, may correspond to, and perhaps derives from, a moral vacuum, the absence of concern for anything other than the self.
It is sufficient for the demagogue to move from one issue to the next, without any long-term vision, provided each individual episode fires up his followers. Cleon, for example, seems not to have needed consistent policies to dominate the Athenian electorate. Instead, the ancient sources emphasize his disruptive discourse and inexhaustible supply of venom and vitriol. He appears not as a man with a policy, but as someone with visceral appeal and a powerful mode of self-presentation.
Demagogues, unlike populist leaders, do not have to stand on a well-crafted platform or espouse a consistent program. Their strength comes from their skill at expressing and manipulating emotions. Demagogy, then, can be at home on either the left or the right of the political spectrum, or it can oscillate between these poles. Such oscillation is one way to distinguish a demagogue from a populist and, when it occurs, is especially revealing about how demagogy works. A demagogue can feel right at home with inconsistency, since his goal is power and his means of attaining it is the manipulation of the fears and passions of his followers. These followers may not be troubled if he swings from one position to another, not even if his policies turn out to run counter to their interests, for they are attracted to him not by a belief in the efficacy of his policies but by the emotional satisfaction they experience in his presence. His source of power is a not-to-be-underestimated skill at expressing and manipulating emotions.
The populist looks outward to draw on the assumed wisdom of ordinary people. The demagogue need not look at all. He trusts his impulses, lets them well up, doesn't turn them over in his mind searching for unintended consequences, or pause to contemplate complexity. When he sniffs frustration, dismay, or disillusionment among the citizenry, he does not just nod in recognition or express bland sympathy. He uses a powerful discourse that models these emotions in words and gestures; he acts out their grievances, transforms them into anger, stokes that anger into fiery rage, which he then directs against any person or institution standing between him and power. Under such circumstances, the give and take of normal politics turns into expressive politics, where power devolves on whoever most skillfully exploits these feelings.
Expressive Politics
Demagogy, then, can be understood as a form of expressive politics, since it depends on an ability to give voice to the emotions and discontents of segments of the citizenry. This is no small achievement, requiring unusual skill and attunement to the emotions of the populace, and helps explain why the demagogue can remain powerful even when his actions run counter to the interests of his followers. In Athens, for example, nothing would have been more beneficial to ordinary citizens than peace with the Peloponnesians. Yet Cleon impeded it, as Sausage Seller insists in Aristophanes's The Knights:
You pretend to love [old man Demos] and for eight years you have seen him housed in casks, in crevices and dovecotes, where he is blinded with the smoke, and you lock him in without pity; Archeptolemus [a negotiator] brought peace and you tore it to ribbons; the envoys who come to propose a truce you drive from the city with kicks in their arses.
Cleon's skillful exploitation of the emotions of the Athenian electorate kept him in power until his death in a battle with the Peloponnesians in 422 BCE. Much of his success was due to his development of a discourse well crafted to evoke feelings of discouragement and demoralization. Unlike other politicians of the day, he seemed to understand the disillusionment with Periclean strategy, and perhaps with politics itself. Citizens' disillusionment with politics may mean they do not care very much about policies, legislative successes, or the like. The moral vacuum of the demagogue matches, in other words, the absence of hope in the electorate.
Seen in this light, demagogy is the antithesis of populism, with its message of hope. It is important, then, that both terms be retained in our political lexicon, but as antonyms, not synonyms. That is especially important over the long run, since the consequences of demagogy can be so grave.
The Consequences of Demagogy
A populist may carry the day with an ill-considered or poorly crafted proposal. But any damage that populism causes often fades once the immediate crisis passes. The damage demagogy inflicts can be more long-lasting. Thoughtful analysts of political change, ancient and modern, have recognized the danger Alexander Hamilton noted in the first of The Federalist Papers:
History will teach us that … of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants.
Fears of autocracy have roots reaching back to "the Great Demagogue," as W. B. Yeats called Oliver Cromwell, and to ancient thinking about the tendency of regimes to change from one form to another. Plato discusses just such a process in the Republic. That idea is already present decades earlier in the so-called debate about constitutions in Herodotus's Histories, where Darius, the future Persian monarch, is imagined as arguing that strife among leaders vying for first place "goes on until one of the people rises to stop such men. He therefore becomes the people's idol, and being their idol is made their monarch" (translation by A. D. Godley).
Are the fears of these political thinkers hyperbolic? Let's hope so, but the demagogue knows how to tap sources of power often overlooked by conventional politicians. Since power is sweet, the demagogue is more likely to hoard it for himself than to relinquish it to others. The result can be a full-fledged autocracy, or the gradual attrition of the institutions and practices upon which liberty depends.
Demagogy, understood in this way, is far more dangerous than populism. It has the ability to transform itself into autocracy if one by one the institutions that resist the aggrandizement of power are eroded or destroyed. That, I believe, is what is at stake at the present moment.
For a long time, I thought of demagogy as a remote phenomenon, revealing about ancient civic life and inviting occasional comparisons and reflections on contemporary politics. The stakes, frankly, did not seem very high, nor did it matter much if one used archaic-sounding demagogy or the more modern and objective-sounding populism. The truly pressing problems, I thought, were not linguistic or even institutional, but the concentration of wealth, racial and gender equality, the need for better health care, protection of the environment, diplomacy to avoid war. Over the past year or so, however, all this has changed. If President Trump is indeed a demagogue, citizens must respond to the erosion of the institutions on which our Republic depends: a free press, an independent judiciary, free and fair elections, and, as the title of Aristophanes's The Knights reminds us, a military that resists demagogy. If the fear of a transformation of American republicanism into autocracy is not irrational, the most pressing issue is not how closely President Trump resembles Cleon, or whether one likes or dislikes his style and actions, but how demagogy can be stopped.
When a demagogue takes power, a society needs all the help it can find, and laughter is one antidote. In The Knights, after all the shouting between Sausage Seller and Paphlagon, which provides good comic grist, Demos changes from a silly old man easily manipulated by the crook Paphlagon to someone very much in charge. The turning point comes when Paphlagon arrogantly compares himself to Themistocles, the great Athenian hero in the battle of Salamis more than 50 years before the play. His boast: "It's a terrible thing that you slander me in front of Demos and the Athenians—me who has done more good things for the city, by Demeter, than Themistocles ever did." Demagogues liken themselves to the great leaders of the past. They take the oath of office on a Bible once read by Abraham Lincoln, for example, and unconsciously fulfill what Lincoln foresaw in his 1838 address to the Springfield Lyceum:
Is it unreasonable then to expect, that some man possessed of the loftiest genius, coupled with ambition sufficient to push it to its utmost stretch, will at some time, spring up among us? And when such a one does, it will require the people to be united with each other, attached to the government and laws, and generally intelligent, to successfully frustrate his designs.
Distinction will be his paramount object, and although he would as willingly, perhaps more so, acquire it by doing good as harm; yet, that opportunity being past, and nothing left to be done in the way of building up, he would set boldly to the task of pulling down.
Paphlagon's comparison of himself to Themistocles provides Sausage Seller with the perfect opportunity to cut him down to size: "You dare to compare yourself to Themistocles, who found our city half empty and left it full to overflowing." Demos agrees; he has had enough of the demagogue and lashes out: "Stop ranting! Too many times, in too many ways have you tricked me."
That points to one way to deal with today's Demagogue-in-Chief—accept his comparison of himself to Lincoln and judge him by that standard. But Aristophanes has more advice for us. Once Sausage Seller is on top, there is a shift in rhetorical tone. As the comedy draws to a close, there is no more shouting, no more slapstick, but an end of hostilities, and the union of Demos with Truce, personified as a beautiful young woman.
But wait: there's one further twist. Before a dramatic resolution, the play must tell us what is to be done with Paphlagon: ostracism, a trial for high crimes and misdemeanors, exile, a stiff drink of hemlock, or an onstage whipping? None of the above. Instead, Aristophanes opts for role reversal. Sausage Seller wants the crooked demagogue, no doubt in real life a man of towering wealth and leisure, to make his living as he himself once did. The punishment, he says,
will be no big deal. He'll follow my old trade, hawking by the gates sausages made of donkey and dog meat; alone and drunk, he'll be ranting at the whores and he'll drink the water drained from the public baths.
The conclusion provides a comic poet's prescription for dealing with a demagogue—laugh at him, give the electorate time to remember history and recognize who has been fooling them, and quietly but firmly send him off to peddle wieners on the street. A happy ending!
W. Robert Connor is the author of Thucydides (1984). A professor of classics emeritus at Princeton University and director emeritus of the National Humanities Center, he blogs at www.wrobertconnor.com/blog.


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Madrid Court Orders Imprisonment Of France Footballer Lucas Hernandez
Lucas Hernandez will have to appear before a court next Tuesday.© Instagram
A Madrid court on Wednesday announced it had ordered the imprisonment of France and Bayern Munich defender Lucas Hernandez for violating a restraining order in 2017. Hernandez, a 2018 World Cup winner, will have to appear before a court next Tuesday, but he has appealed against the sentence. The 25-year-old was arrested four years ago for violating a court order banning him from contacting his girlfriend after a violent altercation between the two. In December 2019, Hernandez was sentenced to six months in prison for breaking the restraining order.
In Spain, those sentenced to less than two years do not usually go to prison, but in this case, as it was a repeat offence, Hernandez has been ordered to.
In February 2017, Hernandez was arrested after his girlfriend was taken to hospital with minor injuries following a fight between them.
Neither made a complaint against the other but both were charged by Spain's public prosecutor.
The then-Atletico Madrid player and his girlfriend were each sentenced to 31 days of community service.
They were also ordered not to see each other for six months.
Four months later, Hernandez was arrested at the Madrid airport in the company of his partner, who was not arrested as her own restraining order had not yet been formally served.
Hernandez was part of the France squad who won the Nations League title last weekend.
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The United States Mint has started accepting orders for the 2013 William McKinley Presidential Dollars in rolls, bags, and boxes. This represents the first release of the year for the Presidential $1 Coin Program for 2013 and the twenty-fifth release overall.
The obverse design of the coin features a portrait of President McKinley designed and sculpted by Phebe Hemphill. The inscriptions include "William McKinley", "In God We Trust", "25th President", and "1897-1901". The reverse of the coin carries a rendition of the Statue of Liberty designed by Don Everhart and used for each issue of the series. The inscriptions include "United States of America" and "$1". The additional inscriptions "2012", "E Pluribus Unum", and the mint mark are incused on the edge.
Circulating quality examples of the coin are available from the US Mint in an array of different packaging options. The products available from February 19, 2013 include 25-coin rolls priced at $32.95, 100-coin bags priced at $111.95, 250-coin boxes priced at $275.95, and 500-coin boxes priced at $550.95. Each product incorporates an indication of the President, mint mark, and face value of the contents.
Orders for these new products may be placed online at http://www.usmint.gov/catalog.
Following a decision announced in December 2011 by the Treasury Department, the Presidential Dollars are no longer produced for circulation. Rather, the coins are produced in the limited quantities necessary to fulfill demand from collectors. These coins are only sold at a premium to face value within numismatic products offered by the US Mint.
The next release of the series will feature President Theodore Roosevelt. Bags, rolls, and boxes of circulating quality examples of the coin are scheduled to go on sale April 14, 2013.


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Things to note if travelling by train.
- Bring food. Lots of it.
- Bring a big pillow.
- Bring a blanket - it's going to be cold.
- If you wear contacts, wear your glasses for the train and change into contacts at your destination.
- The extra legroom is nice.


text:
Brexit will cause significant harm to the NHS, but No-Deal Brexit presents by far the worst option
Policy & health systems
All forms of Brexit will negatively impact the UK National Health Service (NHS), but the prospect of a No-Deal Brexit presents by far the worst scenario, with negative effects on the health care workforce, NHS financing, availability of medicines and vaccines, sharing of information and medical research, according to a new Health Policy review published in The Lancet.
While the Withdrawal Agreement negotiated between the UK Government and the EU (but not agreed by Parliament) offers a more positive scenario compared to a No-Deal Brexit, there are serious concerns about the negative impact of Brexit on the NHS beyond the transition period, when the Backstop or arrangements envisaged in the Political Declaration on the Future Relationship would come into force.
Under either the Backstop or Political Declaration scenarios, the impact of Brexit on the NHS is only slightly less harmful than the No-Deal scenario, though the exact impacts vary.
In the new analysis, the authors, who are leading experts in public health and law, use the available legal and political texts on four Brexit scenarios to assess the likely impact on fifteen specific aspects of the UK health service.
The four scenarios are a No-Deal Brexit under which the UK leaves the EU on March 29, 2019 without any formal agreement on the terms of the withdrawal, the Withdrawal Agreement including a transition agreement until the end of 2020, the Northern Ireland Protocol's Backstop, and the Political Declaration on the Future Relationship between the UK and EU, which are possible scenarios after the end of the transition period.
Remaining in the EU was not included in the analysis but is better overall for health than any form of Brexit, as was outlined in a previous paper by the same authors in 2017, also published in The Lancet.
The authors warn that little evidence exists that the UK is prepared for any of the eventualities set out in their analysis. For instance, the recently published NHS ten-year plan ran to 136 pages, with only two mentions of Brexit, neither of which offered any detail about what it might mean, or how any threats would be addressed.
Some people will dismiss our analysis as "Project Fear". But with just over a month to go to Brexit, we need to move beyond slogans. We have set out the problems in detail, based on the best available evidence. If others disagree, then they owe it to the British people to say why. It just isn't good enough to keep saying that "something will work out" without any details of exactly how.
- Professor Martin Mc Kee, co-author from the London School of Hygiene & Tropical Medicine
Recruitment and retention to the health care workforce represents a major challenge post Brexit. The Withdrawal Agreement provides reciprocal arrangements and mutual recognition of professional qualifications up to 2020. But, no provisions for health care workers have been made in the Backstop or Political Declaration. And, under a No-Deal Brexit, the Immigration White Paper proposes a minimum salary threshold of £30,000 per year which could seriously limit immigration of many health workers to the UK.
Under the Withdrawal Agreement, reciprocal health care arrangements (eg via the European Health Insurance Card, EHIC) would remain but only until 2020 as there is no mechanism to continue them subsequently, although some limited bilateral agreements may be possible with time. All reciprocal health care arrangements would cease in 2019 under a No-Deal scenario. This would be particularly harmful to older UK residents and people with pre-existing conditions for whom health insurance cover in the EU would be particularly expensive.
Access to capital financing for NHS infrastructure via the European Investment Bank would be negatively impacted in all scenarios. As one of the largest areas of public expenditure, any negative impact in the UK economy will put additional pressure on NHS financing, and the UK has already seen a slower rate of economic growth than if it had remained in the EU. The idea that Brexit will bring a "deal dividend" has been described as not credible by the Treasury Select Committee.
Given looming crises in several other sectors, including welfare and the criminal justice system, the authors note that concerns about whether the Government can maintain its funding commitments for the NHS are warranted.
Under the Withdrawal Agreement, the continuity of legal provisions will secure supply chains for medicines, vaccines, medical devices and equipment until 2020. Under a No-Deal Brexit, the absence of a legal framework for imports and exports would have an immediate and drastic effect on supply chains. Despite Government reassurance of contingency plans in place, shortages are likely because stockpiling arrangements cannot cope more than a few weeks, proposals that doctors offer "best alternative medication" can be distressing for patients, and some products (such as radioisotopes) cannot be stockpiled.
Under any form of Brexit, the UK will no longer be part of the European Medicines Agency, and while the UK's Medicines and Health products Regulatory Agency will continue to licence medicines, without laws in place to secure regulatory alignment, the UK would become less attractive for global pharma to launch new medicines, potentially meaning launch dates up to 24 months later.
It's critical to be clear about the practical effects of disentangling over 40 years of legal integration. This is not something that can be done hastily without potentially jeopardising people's health. Future legal relations will have quite different effects on the NHS: these should be taken into account when the UK Government, advised by Parliament, makes its post-Brexit choices.
- Professor Tamara Hervey, co-author from the School of Law, University of Sheffield
Any form of Brexit will also harm the UK's European and global leadership role in health. Membership of the European Centre for Disease Control is not mentioned in the Withdrawal Agreement, and while the Political Declaration mentions global collaboration on public health, it does not reference European collaboration. UK laws on air pollution, workplace health and safety, and tobacco trade derive from EU law. With the UK having failed to meet standards on air quality, there is concern that the UK might use Brexit to roll back some of these measures.
The NHS is at the heart of our national life; it is vital to understand the impact Brexit will have on it. Patients and the people who care for them are facing ever-growing uncertainty and potential disruption to healthcare. The NHS urgently needs clarity and certainty about Brexit."
- Dr Nick Fahy, co-author from the Nuffield Department of Primary Care Health Sciences, University of Oxford
Finally, Brexit has required the mobilisation of hundreds of civil servants, but the task ahead is immense, requiring Government and Parliament to pass several major pieces of legislation and up to 600 statutory instruments within a month. Meanwhile important legislation, such as social care, has suffered prolonged delays.
The authors note that their analysis is based on the most up to date available legal texts, but is inherently limited by the lack of transparency about the Governments' preparations, the lack of detail in the Political Declaration, and the unprecedented nature of a member state leaving the EU after more than 40 years of membership for which no comparable situation exists.
Blog: Opinions from our research and teaching
Alison Convey
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text:
Inter-Research > ESEP > v10 > n1 > p1-4
Ethics in Science and Environmental Politics
ESEP 10:1-4 (2010) - DOI: https://doi.org/10.3354/esep00107
Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?
David K. Leary1,*, David W. H. Walton2,**
1Faculty of Law, University of New South Wales, UNSW, Sydney, New South Wales 2052, Australia
2British Antarctic Survey, High Cross, Madingley Road, Cambridge CB3 0ET, UK
Email: *dleary@unsw.edu.au; **dwhw@bas.ac.uk
ABSTRACT: The value of chemical compounds and their genetic sources in species from the polar regions is becoming widely recognised as a resource not yet fully exploited. Bioprospecting is a growing activity in the Arctic, where the states concerned are signatories to the Convention on Biological Diversity, providing a national framework for ownership, management and control of the activities. In the Antarctic, no such framework exists, and with increasing interest in both microbes and marine species there are concerns that uncontrolled exploitation will damage biodiversity, inhibit scientific research and data exchange, and (through disputes) undermine the authority of the Antarctic Treaty. Papers in this Theme Section highlight the ethical problems of commercialisation of science in the Antarctic for both governments and individuals, and discuss the concept of exclusive reward in a global common, leading finally to a suggestion that a new legal instrument is needed to manage Antarctic bioprospecting for the future.
KEY WORDS: Exploitation · Biodiversity · Antarctic Treaty System · Bioprospecting
Cite this article as: Leary DK, Walton DWH (2010) Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?. Ethics Sci Environ Polit 10:1-4. https://doi.org/10.3354/esep00107
Published in ESEP Vol. 10, No. 1. Online publication date: May 11, 2010


Labor Day weekend brings its traditions for everyone. For karters, it brings the annual pilgrimage to the Quad Cities area as they venture for a piece of the Rock Island Grand Prix experience. The two-day street race in Rock Island Grand Prix is unlike any other event, offering up the opportunity to race down the city streets of the Illinois city alongside the Mississippi River, and enjoying some crazy night life, all in front of a loyal and dedicated fan group.
The numerous volunteers that help build the track Friday evening, spend countless hours working over the two days to put on the event, and tearing down the track in time for Monday morning traffic is astonishing. There is no group anywhere else in the country, or the world. Jumer's Casino & Hotel is sponsor of the $25,000 purse that will be handed out, in addition to the Rock trophies for each class winner. Two lucky racers have the opportunity to win a four-day Grand Prix Road Racing class at the Bob Bondurant School of High Performance Driving, valued at $5,000 each, with a total of $17,000 in prize packages offered this year by the Phoenix, Arizona operation.
eKartingNews.com will be providing its industry leading 'Trackside Live' coverage throughout the weekend. In addition to daily reports, paddock insider notes, and forum updates on the Official Discussion Thread, interested fans can listen to the live action at home or on the move. Qualifying action Saturday and the main events on Sunday will be broadcasted at www.ekartingnews.com/live – led by EKN's own Rob Howden on the mic. Live play-by-play, in addition to live timing courtesy of Race-Monitor.com is available. For those on the move, you can listen directly from your phone with the EKN Mobile LINK. Watch for updates to be published the Facebook and Twitter accounts, in addition to some paddock shots on Instagram.
With over 200 entries registered in the 15 classes, big names highlight many of the categories. The largest class of the weekend is first on the docket – the LO 206 Medium category. The class made its debut last year, with nearly 30 drivers and has surpassed that mark this time around. Many of the top finishers are returning, including those on the podium. Connor Lund was the inaugural winner with Cale Downs second and Scott Barnes from Bermuda winning the fight for third. The most notable entry in the category this year is the return of the RIGP emperor Gary Lawson. The all-time leader in wins at the event – 22 in total – is making a return to the Rock to compete in the new category. New for this year is the LO 206 Heavy class, giving racers a second opportunity at a Rock trophy.
With the class will be a battle of its own, as EKN's own Rob Howden and David Cole will be competing in the EKN Challenge, as part of the website's OnTrack program. Howden makes a return behind the wheel at the Rock for the first time since 2005, while Cole returns after competing in last year's 206 division, finishing an impressive ninth in his only race in 2012.
The fan favorite has always been, and probably always will be the King of the Streets division. The top shifterkart drivers from across the country all want a piece of the Rock, and only a few have been able to do so. Texan Jordon Musser has claimed victory twice, including last year's victory and returns to defend his crown. Joining him, and making his first RIGP start is Californian Fritz Leesmann. The two-time SKUSA Pro Tour champ and current #1 in the EKN Stock Moto Driver Rankings is making the long haul to experience RIGP, and possible add another major accomplishment to his CV. In the mix are a number of returning drivers, all looking for their first King of the Streets crown.
The third headline category of the event is the TaG Senior division. Defending champ Mason Chelootz is back for more, looking to add to his RIGP win total. A number of returning drivers are back to fight for their first Rock trophy, including newcomers Dustin Stross from Florida and Indy's Davey Hamilton Jr. Many of the same drivers will be competing in the Leopard category as well, and could just see another double win for someone in TaG.
The 4-cycle categories this year make up a large majority, thanks to 206 and the Clone divisions. Defending winners Jesse Clossey and Connor Lund are back, and so too are the 2011 winners Travis DeVriendt and Leo Carr. All will have to do battle the all-time race winner Gary Lawson, making his first Clone starts at the Rock. The Yamaha SuperCan races always provide drama, and 2012 was no exception. Tony Jump and Bill McLaughlin Jr. each earned their first Rock trophy. Jump will be absent this year, with McLaughlin back to defend his Medium victory. Former winners Michael Dittmer and Tim Goettsch will be in the field, as is Todd Bolton. The Illinois driver competed in the first 16 events, and is back for his 17th time at the Rock Island Grand Prix after sitting out the last two years.
Masters category always provides great racing, as each and every driver are committed to taking the RIGP checkered flag. Lance Lane finally took home his first Rock trophy in 125 Masters Shifter, and is back for more. A number of drivers are returning as well, including last year runner-up Eric Chappell. In TaG Masters, the last two winners will be back to battle once again. Brian McHattie and John Dixon will fight it out for a third win if either are able to outlast the field and the Rock. Rounding out the classes are Pro Open, TaG Junior and Open Shifter.
Two races will also be conducted on Saturday, including Vintage Karts as well as Casey's Race Against Hunger for TaG Senior racers to benefit River Bend Foodbank. In addition to the prestigious Rock trophy, a number of prizes and awards will be handed out on the weekend. Saturday will host two rounds of practice and qualifying, set to begin after 1pm CDT, with the main events on Sunday set for 11:30am CDT.


Fought in the summer of 1863, Gettysburg was the bloodiest battle in U.S. history, and one of the most famous and significant engagements of the Civil War. Gettysburg is open to self-guided tours; however, there is more to embarking on a self-guided excursion than simply paying the admission fee to Gettysburg National Military Park. The sheer scale of the battle demands a certain amount of planning for a successful tour.
The major points of a self-guided Gettysburg tour fall into three areas: the battlefield park, the town and the cemetery. The battlefield park wraps around Gettysburg town like an elongated crescent, covering the northern, western and southern approaches, plus the site of an often-forgotten cavalry skirmish to the east of Gettysburg. The northern and eastern areas correspond to the first day of the battle, while the southern area marks the positions of the Federal and Confederate armies on the second and third days. The town of Gettysburg contains historical sights, such as the Lutheran Theological Seminary and the David Wills House, which is a museum and part of the national park. Gettysburg National Cemetery, where Abraham Lincoln delivered the Gettysburg Address on Nov. 19, 1863, is technically inside the park, but it was built after the battle and is therefore separate from the rest of the battlefield.
Even Civil War buffs need a little help on a self-guided tour of an area as expansive as the Gettysburg battlefield, and one of the more common aids is the self-guided auto tour brochure issued by the park service. The battlefield park has 26 miles of paved road, and the auto tour follows an established route to points where signposts explain the importance of what transpired in places like the Peach Orchard or Little Round Top. The park service also produces a brochure for a walking tour of the cemetery, plus cassette and CD audio tours, which are available for rent at the visitor center. Any of the large number of history and guide books about the Civil War can complement the park's material.
Self-guided walking tours of Gettysburg are not feasible for many visitors because of the sheer distances involved. Just covering the sights for days two and three of the battle demand a minimum of eight miles of walking, and doing a thorough job requires more. Many visitors drive from point to point and then get out to explore on foot, while others rent bicycles from vendors such as Gettysbike Tours for their self-guided excursions.
The park has preserved the look and feel of the battle sites, such as the open fields of Pickett's Charge across the Emmitsburg Road or the rocky outcroppings used by sharpshooters at Devil's Den. However, at the same time, the battlefield is littered with monuments to various regiments, brigades and generals, each erected by a state government or veteran's group, so Gettysburg could hardly be described as historically pristine.
Two museums and one building figure prominently as stops in any self-guided tour. The national park has a 22,000-square-foot museum in its visitor center, which shows an educational film and displays many relics of the battle. The Wills House in Gettysburg, also part of the park, has more exhibits, including two rooms restored to their 1863 appearance and the bedroom where Lincoln wrote the Gettysburg Address. Another sight is the iconic cupola of the Lutheran Theological Seminary, which served as a lookout tower on the first day of the battle. The Seminary is still a working school today, but visitors can still admire the building from the outside.