Aiu Huma215 Unit Assignments

A person can never really tell when the exact time and date a person lived when there are no written records. Scholars can still determine estimates of times by studying fossils/bones found in the earth by analyzing the natural forces like gravity and magnetism and the rocks surrounding the bones. According to this article I found on the web a man’s origin can be determined by imagining the rocks came alive and evolutionist/scholars must believe in the natural origin of life (Russell T. Arndts).To try to find out when the people of prehistoric time are from scholars must study the natural world for their prehistory so they would use their imperfections of modern plants and animals and geographical living organisms to discover evidence. The Amazon prehistoric culture were once thought to be different and changed. They were not acknowledge by the European conquerors and the prosperity of the cultures where not matched up to their own. The European domination in the new world was the expansion of nations.The European gained control of most of Asia, Africa and America therefore they dominated and sent their people to armies to conquer merchant trades. Technology advancement was also an advantage for the European dominance. An entire prehistoric group of people can disappear due to numerous reasons, it can be due to natural disasters, climate change, decrease in water and food, war, and diseases in which that time there were many people with immune systems that couldn’t handle the sickness.One small kind of factious disease can wipe out an entire population I not treated or have the right kind of medications and treatments. For example the black plague wiped out one-third of Europe’s people in the 14th century. References: Kishlansky, Gear O'Brien, Civilization in the West, (2012), Pearson Education, Sixth Edition. retrieved from http://wps. ablongman. com/long_kishlansky_cw_6/35/9175/2349030. cw/index. html Sayre, H. M. (2012). Discovering The Humanities (2nd ed. ). Retrieved from AIU eBook Collection. August 25, 2012

Patriotism and National Pride Essay

Pride (without complacency and with an awareness of imperfections) is important in spurring individuals and a society on to greater achievement. The loss of faith in the achievements of the past, history and traditions can be an important factor in the decline of a culture or a civilization. a sense of national pride and purpose that enables residents in a particular area to rise above the divisions of race, politics, ideology, class and the like. It is patriotism that unites the people and enables them to rise above narrow sectarian and other interests. A sense of unashamed pride which does not degenerate into jingoism or imperialism is essential for the growth of individuals and the development of a nation. A sense of national pride has spurred achievements in science and technology (the space race), sport and in economic development. Pride in the past and patriotism (within bounds and without complacency) are essential to real human progress. Is Patriotism Dead? Many of our people will offer no salutes, feel no sense of pride, and pledge no allegiance to the flag. Some will not respond because of indifference or calloused hearts. Others will be working to tear the fabric of our national life to shreds; to worsen, not heal, our sickness; to destroy, not to build; to bring disunity, not unity, to the nation. For them, patriotism is dead; love of country is archaic. Has the time come for us to abolish what our forefathers created? Has their vision of liberty, justice, and happiness proved unattainable?Are we ready to say that the mythos, the heroes, and the folk tales that have bound us together as a people for almost two hundred years no longer enthrall us? Are we willing to forget our common heritage, dilute our sense of fraternity and destiny, and dissolve the cohesiveness that made us one? We are faced with grave and challenging problems in our national life. We see  many things we dislike, and can point to many injustices that have not yet yielded to truth and righteousness. But even as we acknowledge the defects we cannot forget the victories. The slaves have been freed; universal suffrage has become a reality; startling advances have been made to assure all our people of life and liberty as well as the right to pursue happiness. Indians need not gloss over the nation’s defects or sweep its failures under the rug. They need not claim that their country is always right. When it is right, they will support it; and when it is wrong, they will love it and work to correct it.The day that patriotism ceases, that day we will have ceased to be a people Patriotism is not dead; our nation is not finished. Let us rally behind our flag; let us love our country with all its faults; let us work to improve it with all our strength; let usdefend it with all our resources; let us hand it on to generations unborn better than it was when we received it; let us instill in our children the hope of our forefathers for the ultimate fulfillment of their dreams. But above all, let us tell them that the greatness of America lies not simply in the achievement of the ideal but in the unrelenting pursuit of it The feel of patriotism The nation celebrated its 60th year Independence recently. one can see the visual medium rolling out exclusive shorts as a mark of tribute to the heroes who fought for our Independence. It was a summit of sort, when one could see most of the big names summon together to play or sing the National Anthem. The minute one sees that visual, it is definite he/she could feel something happening within themselves. A look at the majestic flag gives a feeling that we are the citizens of the Independent India. For a second one could feel all the struggles, trials and tribulations our leaders in the past have undergone to obtain it. I was one among those who felt very proud that I am a citizen of Independent India and I was able to feel a sense of pride when I just took a look at the flag. But, my mind paused for a second to think how many of us are really patriotic? only a handful was the answer. Are the schools imparting enough amount of patriotism into the minds of the young ones during their school days. For the little ones, Independene day means nothing but a public holiday and a few choclates given at their  schools once the flag is hoisted. Beyond that, do the teachers feed the kids with the required information on freedom stuggle and the pioneers who fought for it? Nope. I felt sorry when a kid, pointing out to the portrait of a poet, whose writings worked wonders for the freedom struggle, asked who that man was? This is not a joke to laugh at but a matter to think about. Neither the teachers nor the elders at home make an effort to teach the young ones about those great leaders who were responsible for our Independence. Another incident in the bus in which I was travelling made me feel why on the first place we got Independence. The military rule suits us best. A man was smoking inside the bus, and a few women including myself, showed our objection for that. His immediate reply was, what is this? This is Independent India and I am not allowed to smoke here? This is strange! This is just a small dose of such incidents happening on a daily basis. everyone is sure to come across such incidents or characters. It is saddening to note that the world is heading towards destruction with such characters roaming about in the public. when will we get the sense of patriotism and realise the struggles underwent to obtain freedom is a million-dollar question. If this situation persists, it will not be shocking if the younger ones ask who is the father of the nation and who is Jawaharlal Nehru? what a plight that would descend on the Nation then? The structure of patriotism Every social group has its own notions of loyalty. The institution of family embeds loyalty to the family as a social group. When a son and his wife and children separate from the rest of the family or when brothers divide their property, the neighborhood reacts with sorrow and not glee. Caste associations emphasize the benefits which come from an active participation and cooperation between different members of the same caste. Tribal groups, too, emphasize similar benefits from collaboration. The notion of patriotism is different from such forms of group loyalty. The difference lies in its close affinity with the state. Patriotism is not based upon kinship or of shared descent like in families, castes and tribes. Patriotism is based upon the idea of a nation and its central institution, the state.Patriotism in modern India is thus qualitatively different from  the love of one’s community that was to be seen in ancient and medieval India. Its relation to one’s country has changed with the change in the social structure of the state and the nation. To a great extent the pre-modern states and countries were based upon the rule of one or a few social groups. The Gupta period was dominated by the Guptas and their kindred and allies. The Mughals saw the domination of the Mughal biradari, and their supporters who included the Turks, the Iranians and several other groups like the Rajputs. Modern India is based upon the ideology of equality of all. While there continue to be several hangovers of the past to be seen today, the basic character of the state and the nation have changed. Modern India is based upon the idea that all its citizens are equal and that its rulers represent the will of not just a few, but all of the different communities that make up this country. This nation is based upon different foundations than most of those which went before it. Its legitimacy lies in its being able to satisfy its various component communities that their interests will be safeguarded by the Indian state. Irrespective of the religion, caste, community, sex of the individual, the state is supposed to represent each and every of them. The modern nation has its appeal because of its being able to mediate between and reconcile often conflicting interests. The state is considered legitimate when it speaks with the same voice to all. It is the coming together of so many diverse groups which lends strength to the country. The strength of India lies in its being able to weld together a large and heterogeneous populace into a common force. Any country in modern times which seeks to progress and develop must find ways of attracting and retaining the loyalty of its constituent groups. In modern nations this is done by everybody voting to select their rulers and the creation of a bureaucracy based on selection through merit. A modern state, with its universal appeal to its people, has many advantages over the older kinds of nationhood and statehood, with their sectional support bases. The universalistic modern state is what the most powerful countries of the world have. It is through this social form that resources are used most efficiently and the diverse forces of a country focussed for the benefit of everybody. Patriotism in a modern country cannot be created on the basis of ideas that appeal to only partisan groups or some sections of society. The naked use of force to coerce acceptance of the nation is not a characteristic of a society based on reason and democracy. The content of patriotism in a modern country The transformed structure of patriotism leads to a change in the content of what patriotism would mean in everyday practice. Modern patriotism and nationhood is based upon symbols that all can share. By definition this excludes symbols that pit religion against religion. Patriotism in a modern country must be expressed through universal symbols. These are all around us and yet are ignored. The streets of a neighborhood are a truer symbol of nationhood than a place of worship. They are used by all and paid for by the contributions of all. Yet, they remain filthy while people pool money to build distant places of worship. When universal symbols are not altogether ignored here, they are attacked by all kinds of distortions. The symbols of the rich are enthroned as the symbols of the entire nation. The tragedy of the many poor who have been thrown out of their homes by big dams does not arouse us. The tragedy of the middle-class Kashmiri Pandits who were forced to leave their homes does. The latter are called refugees in their own homeland. The dispossessed adivasis and rural poor who did not have relatives that they could flee to in Delhi do not attract national sympathy. Nor do the Kashmiri Muslims who had to flee Kashmir, in spite of their outnumbering the Kashmiri Pandits. Clearly we are still in the process of moving towards modern nationhood. The model of modernity which Indians must aspire towards cannot be the same as that in the West. We are far too heterogeneous to ever become the kind of nation which fascist Germany once aspired to be. And our forms of production are still not capitalistic enough to become the kind of melting pot of identities which the USA was. We must define our own modernity. That universal framework of Indian reason must be the framework through which our  nationhood and patriotism must be defined. It must be a patriotism which seeks with Gandhiji the happiness of the poorest of the poor as the index of our national development. It must be a patriotism which sees the freedom of the smallest of the minorities as the index of our social development. It must be a patriotism which comes into action every day, through a conscience that sees lying to customers, exploiting labourers, cheating on tax, paying bribes, adding sand to cement, oppressing the poor, paying obeisance to the powerful, all these daily acts of betrayal of the people as treason. Every secular space in a modern country teaches a lesson of patriotism. But school education is a special area for our concern. It is here where most young people come together crossing the old boundaries of religion and caste. It is here where the new nation is being constructed. That makes it even more necessary to be cautious about the introduction of religious values in schools. The kind of values which we seek must be in tune with the universal appeal of our country. Where the values being taught emphasize freedom of thought and truths that are shared by all and not just a few. The modern idea of India is about equality and the transcendence of social barriers, not about narrow dividing walls. It is high time that we rethought our school experience to try and create a land where the patriot is she who risks her life to protect an unknown stranger, and where the traitor is he who kills his friend in the name of his god. Pride (without complacency and with an awareness of imperfections) is important in spurring individuals and a society on to greater achievement. The loss of faith in the achievements of the past, history and traditions can be an important factor in the decline of a culture or a civilization. a sense of national pride and purpose that enables residents in a particular area to rise above the divisions of race, politics, ideology, class and the like. It is patriotism that unites the people and enables them to rise above narrow sectarian and other interests. A sense of unashamed pride which does not degenerate into jingoism or imperialism is essential for the growth of individuals and the development of a nation. A sense of national pride has spurred achievements in science and technology (the space race), sport and in economic development. Pride in the past and patriotism (within bounds and  without complacency) are essential to real human progress. Is Patriotism Dead? Many of our people will offer no salutes, feel no sense of pride, and pledge no allegiance to the flag. Some will not respond because of indifference or calloused hearts. Others will be working to tear the fabric of our national life to shreds; to worsen, not heal, our sickness; to destroy, not to build; to bring disunity, not unity, to the nation. For them, patriotism is dead; love of country is archaic. Has the time come for us to abolish what our forefathers created? Has their vision of liberty, justice, and happiness proved unattainable? Are we ready to say that the mythos, the heroes, and the folk tales that have bound us together as a people for almost two hundred years no longer enthrall us? Are we willing to forget our common heritage, dilute our sense of fraternity and destiny, and dissolve the cohesiveness that made us one? We are faced with grave and challenging problems in our national life. We see many things we dislike, and can point to many injustices that have not yet yielded to truth and righteousness. But even as we acknowledge the defects we cannot forget the victories. The slaves have been freed; universal suffrage has become a reality; startling advances have been made to assure all our people of life and liberty as well as the right to pursue happiness.Indians need not gloss over the nation’s defects or sweep its failures under the rug. They need not claim that their country is always right. When it is right, they will support it; and when it is wrong, they will love it and work to correct it. The day that patriotism ceases, that day we will have ceased to be a people Patriotism is not dead; our nation is not finished. Let us rally behind our flag; let us love our country with all its faults; let us work to improve it with all our strength; let us defend it with all our resources; let us hand it on to generations unborn better than it was when we received it; let us instill in our children the hope of our forefathers for the ultimate fulfillment of their dreams. But above all, let us tell them that the  greatness of America lies not simply in the achievement of the ideal but in the unrelenting pursuit of it.

Critical Analysis of the Article from both POSITIVE and NEGATIVE Essay - 3

Critical Analysis of the Article from both POSITIVE and NEGATIVE aspects - Essay Example This is where the authors claim to have an alternative paradigm which can attempt to answer this paradox. Based on this assumption, authors therefore have recommended a different and alternative approach of rental/access perspective. The authors therefore claim that based on viewing services from this lens will offer a greater insight into the development of products as services as well as to view the time in more elaborative manner in order to design services and products in complimentary manner. Thus the authors have attempted to challenge the basic ideas formulated to define and discuss the services marketing due to the changes that took place due to internet and other forms of services which require less or no human interaction. Services in such perspectives therefore require a comprehensively different and unique paradigm to understand and define services. What is also the stronger point of this article is the fact that it has attempted to reconcile the ideas that has emerged from both the European scholars as well as the American scholars. The need to have dialogue and reconciliation of ideas therefore can provide a common ground to undertake future research on the topic of services marketing. The conclusion of this article indicates that due to emergence of new and fundamentally different and more fluid business models, it is necessary that the more robust frameworks must be developed in order to accommodate the relative changes that take place. This article however, does not provide the way as to how the different changes that unfold themselves into the future can be captured with the existing frameworks. Till new paradigm emerged and services marketing take an entirely new shape, existing theoretical models must be changed or designed in such a manner that they must undertake to capture these changes. This article also lacks in providing

Aristotle Essay Example | Topics and Well Written Essays - 500 words - 2

Aristotle - Essay Example Particularly, they figured in area of rhetorical reasoning and inquiry. Epagoge, in Aristotle’s theoretical inquiry, is the inductive procedure, which leads to the establishment of explanatory first principles as well as a demonstrative procedure that solves problems encountered on the way toward principles by deducing their correct answers from these principles once they are found.1 On the other hand, Aristotle treated nous as actually nothing but potentially all the things we can know. 2 Its significance in the scientific procedure and relationship with epagoge is anchored on its intuitive role. Nous can compare or operate through judgments by the combination or separation of concepts. The acquisition of practical first principles - moral as well as technical – is the work of reason, but not of discursive reason; it is the work of nous†¦ Nous is simply that human faculty that enables us to cognize universals on the basis of our sense-perceptions and experience; epagoge is the functioning of that faculty. (204) It is helpful, in understanding how nous and epagoge work and function, to remember that for Aristotle, all knowledge comes from pre-existing knowledge. He drew a distinction between knowledge and the preexisting knowledge – those that are knowable without qualification. Pre-existing knowledge is the outcome of sense perception while knowledge is acquired from the first principles that were borne out of induction (epagoge). (50) And so, Aristotle enlightened us that the process starts from our sensory encounters with individual material things and these encounters provide the basis of our intellectual judgments, which is the epagoge. The upshot of this process is that we are taken beyond the mere contingent empirical generalization of facts. This Aristotelian procedure, writes Newton-Smith, results in the transmission of â€Å"the natural necessity of the premises to the conclusions, thereby assuring that the entire body of scientific

I dont have one Essay Example | Topics and Well Written Essays - 3000 words

I dont have one - Essay Example The current tagline for this product is, ‘Clean you can see. Softness you can feel’. The 100 oz of Tide has a huge market share and demand for 214 oz is low (Tide). Quantity Sales Price 50 oz $8.00 100 oz $15.00 214 oz $23.99 Goals and objectives of the Company: The Goals of the company is to provide the World with the branded and superior quality products that would improve the lives of the consumers for the future generation to come. This will result in the increase in sales and it will create the value for the shareholders (Tide). Goals of Promotional campaign strategy: The goals of promotional campaign strategy would be to integrate all the characteristics that are found in the different brands of tide detergent and merge them into a single product and communicate that this particular brand holds every features that are found in various product lines of Tide which would fulfill the desires of the customers. This promotional campaign would synchronize with the company ’s goals which say that we have to improve the lives of future generation. Tide Perfect Secondary Analysis of Competition: Competitors: Tide is far ahead dominating the detergent industry in United States with a major market share of 41.3 percent. The market share is more than four times than the second number brand exists in the market. There are so many brands that are trailing behind the competition that does not deserved to be called a number 2 brand. Snow white, All, Purex, Arm & Hammer, Etra and Wisk are the detergents with no more than 9 percent of market share each (Packaged facts). Procter & Gamble is the leading company in terms of sales in the United States and the total products of Tide detergent makes up to $2000 Million dollar sales which is far ahead than its competitors (Packaged facts). Particularly in Liquid detergents, Tide still leads with a handful of margin than its competitors but there have been reported a -2.16 percent decrease in the sales. One of th e reasons of this decrease in the sale percentage is because other brands have spent much more in the advertising sector than Tide (Branna). Customers: The product will be targeted to the group of customers that wants all of the features of a detergent in a single product. These are the customers who would want to clean their clothes in a perfectly manner. They would want to get rid of the tough stains, dingy white and would want to eliminate the odor as well. The price of the product would remain slightly higher than the rest of the products of Tide, so the customers that have a slightly higher standard of living would be able to purchase it. Promotional Strategy: There are various promotional strategies to promote the brand ‘Tide Perfect’. The product is to be communicated to the right people and with a suitable strategy to make a product a success. ‘All in one’ strategy: The promotional strategy would be based on the integration of the elements present i n the different brands of Tide detergent. To come up with a product ‘Tide Perfect’ that would have all the ingredients that is useful for all family members. It is to portray that this brand is complete in various aspects. It will also be conveyed in the message that Tide removes stains specifically better than its competitors because many people are attracted towards a detergent if it has better cleaning.

Things about me that might surprise people Essay

Things about me that might surprise people - Essay Example Going out with my friends is indeed a pleasure for me so that I try my best to join them in every activity they invite me in. I love shopping with my friends, going to the mall, checking the latest fashion there is in store for us. I also love to watch movies with them which we practically do almost every time we meet. This gives us much time to know each other more as we talk about our favorite movies, actors and other things we enjoy. Spending much time with my friends allowed me to discover that we have so much in common, our likes and dislikes as well as people we would like to meet. People usually see me as outgoing and indefatigable because of this so, I guess they would be surprised to know that I am the extreme opposite of what they see in me. I usually easily get tired so that I sleep a lot to get my energy back. Whenever I get the chance to take a little rest, even a ten minute nap would be much appreciated and often times welcomed. I believe that people are a treasure that I need to keep so I consider myself sentimental in many ways. I value time spent with friends, I keep their gifts in a rather special place which I call my treasure box. In a world where friends come and go, life is fast-paced and yesterday usually seems to be a thing to be forgotten once you are in a day called today, I guess people will be surprised to find a person like me, still exists. I am basically a simple person whose sentiments are more on things that are considered back numbered.

Explain how the Tourism Destination is served by Transportation Links Essay

Explain how the Tourism Destination is served by Transportation Links. Identify Key issues of best practice and limiting factors - Essay Example The paper will also include various theories of tourism and models and will analyze the type, options, range, volume, seasonality, availability and accessibility, and the relative costs of transportation in Hong Kong. Another key area will be examining the various key issues around the best factors as well as the limitations of the transport service in Hong Kong. Hong Kong Transport, Volume and Seasonality Hong Kong is one of the two administrative regions of the People’s Republic of China, working under the one government two systems arrangement (WTO., 2001). It is located on the South Coast of China and is in between the South China Sea and the Pearl River Delta (Beirman, 2003). Hong Kong is extensively known for its open skyline as well as the deep natural harbors. The city center is regarded for its modern architecture that has led to the city being branded as the most vertical city in the world. Despite being only 1104 km2, Honk Kong manages to attract huge numbers of tou rists per annum, making tourism one of the most notable sources of revenue for the region. Tourism in Hong Kong is managed by the Hong Kong Tourism Board (HKTB). Hong Kong has numerous tourist attraction facilities and each of its districts can almost be considered as viable tourist destination sites. Among the most visited locations in Hong Kong, include the Victoria peak, Victoria Harbor, and Ocean Park Hong Kong in the Island; the Hong Kong Art Museum, Clock Tower, and Avenue of Stars in New Kowloon among others (Ghai, 2000). According to statistics from the Hong Kong Tourism Management Board (HKTMB), Hong Kong receives about 20 million tourists per annum. A majority of the visitors to the city are mainly from The Mainland in China with a good percentage also coming from the neighboring countries in the Middle East and other parts of the world. Appendix A contains statistical graphs and charts showing an analysis of the visitors to Hong Kong from various parts of the world (Beirm an, 2003). The statistics show that Hong Kong is a major tourist destination in the world attracting lots of tourists in the past few years. In as much as Hong Kong is a major tourist destination, it also emerging as a major business hub on the global scene (Ghai, 2000). It is one of the primary global financial centers acknowledged for its capitalist economy renowned for its lower tax regimes and free trade. The Hong Kong dollar, the currency used in Hong Kong is also the eighth most traded currency in international trade. The Hong Kong government has put a lot of measures to manage the transport networks in the city in order to enable visitors to access the city and visit the various tourist attractions sites. The city has a wide range of transportation links ranging from air, water, road and rail transport (Ghai, 2000). Visitors can move around the city via light rail, minibuses, buses, trains, trams, ferries, and taxis. Each of these means of transport have their own systems of paying fares and often require one to buy tickets each time they travel to various destinations (Cooper, 2005). One can also buy the Octopus card, which is an electronic system of paying fare in public transport. The road transport consists of various options such as public

Discovery Of The World Essay Example | Topics and Well Written Essays - 250 words - 109

Discovery Of The World - Essay Example Initial education on world tours captures the role of Columbus as a first explorer, which is not accurate because of the existence of data suggesting there were other voyagers before him who explored the world and discovered most of the places he is credited for. The involvement of Columbus in Hispaniola indicates the cruel nature of his approach. The killing of the inhabitants of the area was a genocide event because it led to suffering to the people of Hispaniola. The direct involvement of his men in the death of the locals indicates criminal liability of Columbus. In addition, the action taken by Columbus and his voyages in the area can be charged in the modern world as the violation of human rights. Columbus is a villain and not a hero because he is credited for what he did not achieve. Likewise, he is involved in actions and events that are not related to heroism. The involvement in battles in order to claim the lands and wealth of others is an indication of the challenge of res pect for humans.  

Geography introduction Essay Example for Free

Geography introduction Essay My investigation is a study of hydrology, as I want to find out how and why a rivers channel, flow and valley characteristics change as you move downstream from its upper course to its mouth. These changes are represented in the Bradshaw Model (fig 1), a fluvial model that describes changes in the river channel and flow characteristics between different courses along the river. Based on three factors, it is possible to infer information about the processes of river erosion, transportation and deposition that occurs along the river. I will use the Bradshaw Model to compare the river at Holford Combe with the characteristics that you would expect to happen and what impact these characteristics have on the formation of landforms along the course of the river. Fig 1: The Bradshaw Model Location Holford Combe is located in the Quantock hills, North Somerset (Fig2). The Village of Holford is about 14 miles from Bridgwater, on the A39 and 6 miles (10 km) east of Williton. The village is mainly situated on the left of the A39 whilst on the right there is the village hall and cricket field. Holford has been an area of outstanding natural beauty (AONB) since 1956. It is also a Site of Special Scientific Interest (SSSI). The name of the river is The Holford Combe River (Fig 4). It is 7km long and the source of the river is at Ladys Fountain Spring, Frog Combe (Fig 5) (Fig 3) which is near Halsway. It is 250m above sea level, and the Mouth is at Kilve Pill. The river flows northward through Holford and kilve villages. The land is used for agriculture for example Pepperhill is a beef herd farm on the slopes of the Quantocks and Durborough is a hill farm, on the edge of Quantock Common, keeping mainly sheep. Fig 2: Ariel map of North Somerset, UK Fig 3: Source of the River Holford. Fig 5: OS map of Holford Why the river Holford? The Holford Combe river is ideal for my study because the river is short (7km) long, so we would have been able to collect more data in the time we were there. Also you can get a better overview of the general trends in a rivers processes and landforms over its full course. We can be more certain of our conclusions about the pattern along the Holford Combe River and how closely they relate to the Bradshaw Model (fig 1). The length is very important because we were only aloud two days outside of school lessons to complete the data collection. The being short meant we were able to walk the length of the river from source to mouth and not waste time from travelling to different sites. It’s a good site choice from a health and safety perspective (fig 6) as the river is not to wide or deep and being short as well. Also erosional processes haven’t had much time to act against the river channel, to make sure it didn’t make it dangerously deep or wide. The river was very accessible to us from school (only 47 miles, South west of Bristol), so it was very easy to get to and realistic and cost effective for the site there. Fig 6: Risk Assessment Risk assessments are important because then you know of any potential dangers of where you are going and to avoid any potential incidents and so you are prepared in an unlikely event of an accident. Bibliography The websites I have used to get my information that i needed were: http://www.quantockonline.co.uk/quantocks/villages/holford/holford1.html http://en.wikipedia.org/wiki/River_Holford http://www.quantockhills.com/education/Qpedia/Topics/Place/People/Land-Use/Far

Rules About School Essay Example for Free

Rules About School Essay Students tend to break the rules once in awhile that that is because of peer pressure or rebellion against or with someone else. Teenagers explore and do things others wouldn’t do to look â€Å"cool† or to prove something that they could do something with their life, or to look â€Å"superior† to someone else. Imagine a smart and decent student could do inappropriate behavior just to prove they are fit in that society and to not be called names like â€Å"nerd† or â€Å"loser†, that’s how rules are made in school. But I think that we have a little too much of that. Imagine having fewer rules it would be knowledgeable only if it could help students and help the school, having a lot of rules tend to put stress on students that they want to break out of it and just do whatever they want. With less school rules, student would be in school more often, they have the chance to freely do things they could do, less stress for the students and for the teachers, meaning teachers would have an easier job because bad students wouldn’t be so bad anymore because they have less stress on their mind and now they could pay attention and pass grades. Rules that are forced by the securities and faculty staff are sometimes straining and stressing the students involved in such activities. These activities affect the student’s mentality and social behavior because of aggression and rebellion that has been formed on a student’s mind. An example of an activity is sport. When someone is a student athlete they tend to stay after school and hang out for awhile before a game or a practice start, but some securities have a rule that you can’t stay after school that long and you would have to go home right away, for a student athlete to go home would be a waste of energy and stressing that causes aggression towards the school and the school securities which could resolve to conflict. Another School Rule that students are against is â€Å"contraband† this includes Cell phones, iPods, and dress codes. This rule shouldn’t be forced highly and shouldn’t be taken that seriously by the staff of the school. Technology has been a part of this generation and without them a student could be devastated and again could cause aggression towards a staff. I know that it is rude for a student to use such things during class, but if they do they face a consequence of failing in class due to inattentiveness and no participation, they have the choice to do it or not. And even during recess or lunch securities tend to take peoples and  iPods away, they take it too seriously, iPods should not be that bad it’s called â€Å"Break Time† for students and now music is part of our lives so shouldn’t that become an exemption? Then we have our Tardy/Late rule that students break a lot. This rule is good for some parts and bad for some part. The good part of this rule is to teach students to have discipline and be prompt most of the time. But the bad part of this rule is the consequence or the punishment of it, the punishment is â€Å"calf duty† or ISS(In School Suspension). Which most of the students dislike, if Radford really wants its student to be successful academically it wouldn’t be fair to have rules like these: ISS is a punishment that makes students to rake leaves, clean the gym, wipe tables on the cafà ©, throw the thrash, and clean the baseball field on a SUNNY day for one whole class or more. I personally do not think that this punishment is fair because students need to go to class and learn, not to learn how to rake and clean, that is why we have custodians that does that for us. Not only that but again this things causes hate and aggression towards the school and with that, a student will not be able to focus on studies and they would cause an outrage or break more rules, It doesn’t help the student It makes it worst for them. â€Å"Cafà © duty† is not so bad because they provide free lunch for student, but some other classes HAVE to do it without doing anything bad, and that causes the class to be pulled back academically, again the custodians could do their job and serve the food to the students. It’s a learning environment not a job orientation. Consequences for students are a little bit too much, if the staff thinks that by making these type of consequences would stop the student s to break the rules, I don’t think it will because it causes a student to be rebellious and would want to hate the school for making him/her do all the stuff that REGULAR student does not do. School rules are good but it matters on how staff pushes them and how strict they could be. Deviance has its own punishment and it could be being unsuccessful in life or being a pariah in our school society. A person has a choice to do bad things or good, but there are always consequences for our actions.

Killings By Andre Dubus English Literature Essay

Killings By Andre Dubus English Literature Essay The short story Killings is written by Andre Dubus and was first published in 1979. The short story has also been adapted into a motion picture called In the Bedroom by director Todd Field in 2001. The movie had actors Sissy Spacek, Marisa Tomei and Tom Wilkinson in the lead roles and was even nominated for several Academy Awards. The story is set in the town of Massachusetts and explores the psychology and emotions of bereaved parents who have just lost a twenty-one year old son- murdered for having a relationship with a woman who had a jealous ex-husband and two children. Dubus treats the character of the murderer, Richard Strout, humanely and provides an empathetic perspective so that the reader can actually feel the frustration of the young man whose wife was seeing a man much younger than her and his jealousy getting the better of him. Dubus has concentrated on the revenge killing of Richard by Franks father, Matt Fowler. Richard had committed a murder of passion as he felt provoked by Franks intimacy with his estranged wife and two sons. Dubus has pictured Richard Strout as a crude man without a very high sense of morality. This is further demonstrated by the fact that Richard starts to date other women as soon as he is out of prison on bail. Matt and Ruth, Franks parents, have encountered Richard roaming around scot-free without any remorse as is apparent in Matts comment to his friend Willis Trottier, He walks the Goddamn streets (Dubus 4). This angers Matt and saddens Ruth as they feel that the murdered of their son had gotten away without being punished for his brutal crime. The main message in the story is that even though Matt Fowler avenges his sons death, finds no peace and is haunted by a sense of guilt and utter loneliness. Retribution and revenge for the murder of a loved one, though, a very natural human instinct, is not always the answer to the loss of the person. Matt Fowler felt justified in kidnapping and killing Richard Strout, however, having accomplished his final act of revenge, does not find peace. The question Dubus has raised in this story is whether revenge is a better solution to forgiveness. At the end of the story we are left to wonder whether Matt Fowler would have been better off forgiving Richard Strout instead of killing him. By kidnapping and killing Richard, Matt Fowler only reinforced violence which affected not just him but his entire family. Dubus provides details of the gruesome murders in the story to bring out the horror of the crimes they committed. Richard had shot Frank three times in front of his children which Dubus uses to highlight the mindless and abhorrent behavior of Richard. This act of passion and revenge turns the life of an otherwise ordinary happy person into a nightmare and pushes him to commit a crime that he would not have dreamt of if he had not been so provoked. The Fowlers reckon that Strout would only serve five years at the most in jail on charges of man slaughter which is not nearly enough for Ruth and Matt. In the story, Dubus has written about two murders, yet, the reader is tempted to label only Richard as the real murderer and not Matt because the reader feels an innate empathy for the bereaved father. We tend to justify Matts criminal act even though both the killings were similar in nature and both the murderers were allowed to go free after their heinous crimes. This is probably because we look for justice and Richard being let out on bail and showing himself around without any punishment being given to him makes us feel that he deserved what happened to him. As humans, we are emotional and look for closure in any given event, however horrific and the final denouement seems to be justified. It is also important to remember that Matt Fowler was not a killer by temperament whereas Richard was hot-tempered and callous. Goading Matt into an act which was unnatural for him seems to justify the end. The killing of Richard Strout was only a means of achieving the ends of justice- or that is what Matt imagined. Even though, Matt has a confidante in Willis and has the sympathy of the entire community, in the end he is plagued with this knowledge that he is no less a murderer than Richard. He is ridden with guilt and this makes him feel isolated and morally dead. The irony is that as readers we feel empathy for the Fowlers and even though we cannot condone what Matt did we feel there should have been a way where family, friends and the larger community had intervened and allowed Ruth and Matt to share their grief. Not having a channel to express their agony, Matt turned violent in his mind and killed Richard everyday in the face (Dubus 10) just as Richard had killed his son. Dubus has left his readers wondering whether for all the empathy that they must feel for Matt and Ruths loss, was the pre-planned, cold-blooded murder of Richard necessary to experience a feeling that justice had been done and feel purged off their growing inner violence. As things would have it, Matt does not feel tranquil and struggles to whip up the hatred he felt for his sons murderer after going through his house and seeing the more human side of Richard. The role of Willis in the planning and execution in the kidnapping and killing of Richard has been shown to be a bit dubious. It is true that being a good friend of the Fowlers he would feel strongly for them, but to cold-bloodedly plan the murder of a young man who went to school with his own sons needs more justification. Ruth and Matts motivation for exterminating the cause of their sorrow may find a resonant sympathy in the hearts of the readers but Willis motivation to abet in the killing of Richard brings us to face the r eality of how brutal we have become.

Nominating an Outstanding Person to The Hall of Fame Essay example --

I nominate Regina Geis for recognition in the State Hall of Fame. Born on December 29, 1995, daughter of Robert and Robin Geis, sister of Daniel and Benjamin Geis. Regina is an inspiring person who brings out joy and happiness. She inspires people to give their best and live for the right reasons. She is an overachiever and has always done well in school. In fact, Regina is a straight A student. It is encouraging how much time and effort she puts in her school time. Spending some of her time at work and home, but spending most of her time at school or church. Regina strives for excellence, but other than her inspiring life, she shall first be recognized for more than what she does but for who she is, like her personality; beautiful, awesome and amazing, outgoing and funny, exhilarating and adventurous, goofy and silly, caring and kind, sweet, a perfect character, there is never a dull moment when hanging out with her. Though she has her serious moments, when it comes to having fun, she knows how to embrace herself. When music plays, she dances and sings, and does not care what she looks like or who is around. Sometimes showing your complete self is hard, but Regina is 100% herself. The times she hangs out with her girls or sometimes, even her brother, well, lets just say it is all laughs and giggles from there. Speaking of her brother, siblings fight daily and they have their differences, but Regina shows the roll of a wonderful big sister. Yes, some days her brother drives her crazy, but she would do absolutely anything for him, as well as her friends and family. There are times when she places herself before others, but she deserves that because she places others before herself the majority of the time. Regina likes to joke... ...hat she will be recognized in many Hall of Fames, rather than only the state, because she will be someone more and make it somewhere; anywhere. Geis will continue to impact people and their lives in ways she would not understand. Regina Geis is an inspiring girl who deserves the recognition in the State Hall of Fame. Works Cited http://admissions.illinois.edu/academics/honors_colleges.html http://www.forbes.com/sites/jamesmarshallcrotty/2013/03/13/motivation-matters-40-of-high-school-students-chronically-disengaged-from-school/ http://www.nbcnews.com/id/7019023/ns/us_news/t/study-most-us-teens-serious-about-religion http://www.newrepublic.com/article/116332/david-brookss-editorial-gets-poverty-and-education-wrong http://www.publicagenda.org/press-releases/survey-sports-arts-clubs-volunteering-out-school-activities-play-crucial-positive-role-kids

The differences of the 50s and the 90s :: essays research papers

During the fifties, to be the norm in society was to be the norm. To be the same was to be what every one else was being. Doing what every one else was doing was what was supposed to be what was being done. Did you catch all that? And then here we are in the nineties. In the nineties, to be the norm in society in to not be the norm. To be the same is to not be what every one else is being. Doing what other people don’t do is what is really expected to be done. Now, did you catch all that?   Ã‚  Ã‚  Ã‚  Ã‚  Let me elaborate on that a little bit. Pretty much, the point is that America in the 1950’s was a place where you are expected to be a normal person. America in the 1990’s and beyond is now almost a place where you are expected to do something different (or at least it isn’t a surprise when someone is different).   Ã‚  Ã‚  Ã‚  Ã‚  In a â€Å"normal† family in the 1950’s, the husband came home from working nine-to-five. In his home he would find his wife with dinner ready and the house clean. He would also find his two kids, and one dog, all doing what they are supposed to be doing. In a â€Å"normal† family in the 1990’s, the husband and wife come home from work, one at two a.m., and maybe one at two in the afternoon. They would find his kids (maybe), and they more than likely would not find them doing what they wanted them to be doing. The sun would have a red and green spiked Mohawk, and the daughter main concern is her hair’s buoyancy.   Ã‚  Ã‚  Ã‚  Ã‚  Neighborhoods in the 1950’s wre very close knit. People would say â€Å"Hi† to each other. Parents would reprimand children other than their own. Many problems were taken care of by the community, without questions asked. Communities now are loose knit, not caring to reccognise the existence of neighbors, let alone be involved with each others lives.   Ã‚  Ã‚  Ã‚  Ã‚  Today, families have very busy lives. They deal with family members on different schedules. Meals are generally served sporadically, depending on who needs what when. Fifty years ago, dinner was set at a certain time. Family members were expected to be there, and schedules worked around meals. No one watched television while they ate dinner, and the dinner conversation focus was on what happened during the day.

Human Proportions in Architecture

‘After having considered the right arrangement of the human body, the ancients proportioned all their work, particularly the temples, in accordance with it'. To what extent does the human body influence architectural forms and writing from antiquity to 1600? The study of the human body has spanned centuries, from the mathematicians of antiquity to the humanist scholars of the High Renaissance, and parallels between the bodily proportions and architecture have played their part in some of the most celebrated architectural feats.Writers and architects throughout this period never eased in exploring the various ways in which the ‘arrangement of the human body could be applied to architecture, from associations with the Golden Section, to the Roman perfect numbers, and the creation of the square and the circle as ‘ideal' forms derived from the Vitamins man. Yet, whilst all these issues were significant to the architects and writers of this period, many other factors wer e Just as important in determining the architecture produced.It is important to take into account not only alternative systems of proportion other than those derived from the human body, but also the historical and social context in which buildings were being designed. Furthermore, whilst writers and architects were influenced by the use of the human body in previous works, they were often equally influenced by the mere ‘authorities' of the past, and whilst human proportions may have been passed on through the centuries, the meaning behind its involvement was frequently lost, so that it was not a conscious reference to the human body, but a keeping with tradition.The theory which exists as the basis of this discussion is notion established by Aristotle, who scribed the relationship between the human body and the rest of reality: â€Å"the body carries in it a representation of all the most glorious and perfect works of God as being an epitome or compendium of the whole creati on†l . This idea of man as a microcosm in the grand macrocosm of the Universe is one which led to the belief that in creating architecture for the worship of God, it was only those proportions created by God himself, namely those of man, which could ever be worthy.Yet, over the course of the next millennium, a whole host of different interpretations of the human DOD were made, so that it was not a single set of ideas which became applied to architecture. To begin in antiquity, the most basic way in which the human body influenced architecture was in the creation of the classical orders. Most simply, it is understood that the form of the first Doric order derives from the warriors of King Doors in Greece, and thus displays â€Å"the proportions strength and beauty of the body of a man†.Though the intricacies of the Doric order, namely the triptychs and mottoes, are believed to originate from timber construction of the primitive hut which was then copied in stone, the mas culine, war-like associations of the order were very influential throughout antiquity, during the Middle Ages and into the Renaissance. Examples of the Doric order include the Temple of Hyphenates, Athens, mid 5th century BC, built in dedication for the blacksmith of the Gods and forger of armor, as well as Brakeman's Temperate 1502-19, for SST. Peter, 1 by G.Odds and R. Tavern, y and Building : Essays on the Changing Relation of Body and Architecture, (Cambridge, London : MIT, 2002). P. 35 the hero and martyr. The Corinthian and Ionic orders display as much human influence in their architectural forms and associations, respectively having derived from the Ionian and Corinthian peoples. Based on the more civilized Ionian women, the Ionic order expressed feminine values of a matronly figure, with the curls of hair, folds of drapery and sandals represented in the volutes, fluting and base of the column.Similarly, the Corinthian order is thought to have derived from the basketwork of a Corinthian maiden, and so portrays the slender, refined qualities of a young girl, surrounded by acanthus leaves for the capital. In his architectural reties of 1537-43, Sebastian Series states that â€Å"temples to male saints whose lives were less robust than delicate, or to females saints who led matronly lives should be Ionic.Temples to the Virgin Mary, virgins, nuns, should be Corinthian†. Thus, it is apparent how the various forms of the human body can be influence not only the physical forms of the building, but also their values and associations. Historically, it is important to note that architecture based in mathematics, meaning that to the ancients, the practice of architecture was not differentiated from that of thematic theory.This is therefore a strong argument in favor of how bodily proportions influenced classical architecture, reiterated by Vitreous who claimed that â€Å"without symmetry and proportion there can be no principles in design, that is, if ther e is no precise relation between the members, as in the case of the well-shaped man†2. Furthermore, it was the mathematician, Pythagoras (582-507 SC), who suggested that the Golden Section was based on human proportions, and therefore proving its importance in the dimensions of classical buildings.The most celebrated example of this system of proportion is the Parthenon, built on the Athenian Acropolis, Greece in the 5th century BC. Although several elements, including the dimensions of the fade, the spacing of the columns and the interior rectangular space can be seen to agree with the Golden ratio, very few scholars still believe that the Parthenon was originally intended to comply with the theory discovered by Euclid sometime after it was built. Therefore, in terms of their utilization of the Golden Section, it does not appear that the architecture of the ancient Greeks was strongly influenced by the human body.Yet, when returning to Vitreous, another example of the human b ody influencing architectural forms and writing is introduced. In Book Ill of his Ten Books of Architecture he confronts us with the fact that man, when â€Å"placed flat on his back, with his hands and feet extended, and a pair of compasses centered at his navel, the fingers and toes of his two hands and feet will touch the circumference of a circle and described therefore. And Just as the human body yields a circular outline, so too a square figure may be found from it. 3 The importance of this discovery to the scholars of antiquity, that man could fit into the two most perfect geometric units, was immense, as it was thought to reveal a fundamental truth about man and the world. In light of the earlier notion of the microcosm-macrocosm, it becomes clear why 2 Vitreous, Book Ill of his Ten Books of Architecture, quoted in R. Witter, Architectural Principles in the Age of Humanism, (London : Academy Editions, 1973) 3 Vitreous, The Ten Books on Architecture, Book Ill. Architects and theorists were keen to emulate the square and circular forms, as derived from the human body, within their work. Within ancient Rome there are few centralized buildings, but any such examples prove how ideas of centralization were not only discussed in architectural writings, but were actually put into practice. The Pantheon, Rome, rebuilt during the reign of Hadrian c. 125 AD, is a primary example of the celebration of the two purest geometric and anthropomorphic forms, with the plan consisting of a circle attached to a square.The square entrance-hall, which opens onto the vast coffer dome of the interior, is one of the most technically brilliant feats of its day, as well as a huge influence to architects and writers of the true. One further example of central-planned buildings of antiquity is the Temple of Minerva Medical, of 4th century Rome between the via Albanian and the Aurelian Wall. Though it exists today as a mere ruin, its original decagon's structure and dome adhere to the geometrical recommendations of Vitreous and the ancient mathematicians, illustrating the influence of the body on architecture.The issue of centralized structures was one that preoccupied the minds of architects and theorists through the centuries, but it was not until the Renaissance, and Liberties De Re Edification off when centrally planned churches became fully established. In his stipulations for the ‘ideal church', Alberta declares that the circle is the shape most celebrated in nature, but he also advocates 8 other geometric shapes derived from the circle including the square, hexagon and decagon, and rejects the form of the basilica because of its inadequacy in comparison to the temple. Michelangelo choir for AS Annunciate, Rome 1444, is considered to be the first centralized building of the Renaissance, based on a circle with attached semi-circular chapels. Liberties San Sebastian, Mantra of 1460, however, makes use of the Greek cross plan, with 3 arms protruding from a central cross-vaulted interior space. Yet, perhaps the figure to show the greatest interest in the physical manifestation of the central plan was Brucellosis.His Old Sacristy for San Lorenz, commissioned by Giovanni did Basic De Medici, and completed in 1428, is considered â€Å"the first Renaissance space that could actually be entered†5 . The plan consists of one exact square with 3 surrounding squares a third of the size, with the overall cube being surmounted by a hemispherical dome. Similarly, Brutishness's Santa Maria dogleg Angel, 1434, has a central plan based on an octagon surrounded by 8 chapels each with rounded ends like an apse.AY these buildings, of which there are many more, make use of the central plan and thus illustrate the influence of the human body from which they were derived. Yet, it may not be the case that the architects adopted these shapes for that same reason, and it is therefore necessary to identify other factors which may have led to thei r adopting of centralization. To begin with, it is possible that characters like Brucellosis and Alberta, at the time f a thriving classical revival in Florence, were simply being influenced by the 4 R.Witter, Architectural Principles in the Age of Humanism, (London : Academy Editions, 1973) p. 6 5 F. Hart, History of Italian Renaissance Art: Painting: Sculpture: Architecture. (London, 1987) prestige of centralized buildings and wanted their buildings to carry the same associations of a powerful Roman Republic. Aside from the obvious example of the Pantheon, as mentioned earlier, a further direct influence from Rome may have been the Santos Stefan Rotund which, in the sass, underwent major restoration work byReselling under Pope Nicolas V, bringing it to the attention to the likes of Alberta, Brucellosis and Michelson. Another massive influence is the Church of the Holy Sepulcher in Jerusalem, where a circular wall encloses a ring of columns and is surmounted by a dome. Moreover, Ju st as pilgrimage buildings on the main routes to or within the Holy Land imitated elements of the sacred buildings of Jerusalem, small rotunda churches were built in Europe as satellites of more important churches being approached by pilgrims. It has therefore been suggested that Liberties SanSebastian may have been built as a â€Å"sacred station en route to Sans Andrea†6, and thus emulates the centralized plan as a reference to the affiliations to the Holy Sepulcher, and does not relate to the Vitamins man. Other issues suggest that the use of centralization does not directly bare reference the human body, particularly when acknowledging the religious focus that many churches of the Renaissance still fostered, despite being built during the flourishing of humanism. Giuliani dad Sandals S. Maria dell Career, Pratt 1485, has the plan of a Greek cross, with 4 arms Joined to the crossing and a dome suspended over the Rossini.Here, however, architectural intentions other than th ose of centralization appear to prevail, when considering the manner in which the dome doesn't touch the incommoding of the arches, the pure white walls and geometrical simplicity of the building. Overall, Giuliani dad Seasonal has created a church that is able to â€Å"evoke in the congregation a consciousness of the presence of God†7, Just as Alberta stipulated that an ideal church should have a â€Å"purifying effect and produce the state of innocence which is pleasing to God†8.In addition to the issue of centralization, the human body is represented in architecture through the proportions and mathematical ratios applied to the building. Just as Plato thought that proportion was â€Å"the bond that holds things together†9, Alberta commented in his treatise of 1450 that: â€Å"Just as the head, foot and indeed any member must correspond to teach other and to all the rest of the body in an animal, so in a building, and especially in a temple, the parts of the whole body must be composed so 6 R.Tavern, On Alberta and the Art of Building (New Haven, London : Yale University Press, cache), p. 144 7 Editions, 1973) p. 19 8 9 Ibid. P. 6 R. Paddock, Proportion : Science, Philosophy, Architecture (London : E & FAN Spoon, Bibb p. 182 that they correspond to one another†10. This idea manifests itself in the way that buildings incorporate an overall system of proportion, but more specifically, the inclusion of the â€Å"perfect' numbers, as defined by the ancients, resulting from the tradition in which architectural measurements were made using parts of the body (foot, digit, cubit and inch).It was a combination of the discovery that a man's foot is one sixth of his height, with the knowledge of the 10 digits of the human body, which deed to the numbers 6, 10, and 16 being hailed as superior to all others, and those which would allow the perfection of the human body to be mirrored in architectural expressions. Liberties fade for Santa Maria Novella, completed in 1470, displays not only the unified proportions outlined by his treatise, but the ratios of perfect numbers.The whole fade is based on the unit of a square, but crucially, the central rose window stands at a height of 36 units above the entry platform, within a fade 60 units high. This ratio of 36:60 is significant because it relates directly to the emissions of the ‘ideal man' who is 60 inches tall, with a navel 36 inches off the ground. Other references to this particular ratio based on ‘perfect' numbers as determined by the ancients include Brutishness's oratory of Santa Maria dogleg Angel, and San Sebastian, with a ratio of 6:10 for the main elements of the building such as the door, apses, portico vault and dome.It is therefore apparent that there was a strong influence of the â€Å"perfect† numbers (relating to the human body) in the Renaissance, but, as witnessed with regards to centralization, this issue does not appear significant i n the Middle Ages. Only a few examples exist, one of which is Milan Cathedral in Lombardy, Northern Italy, which was begun in 1386 under the archbishop Antonio dad Assault, and displays proportions based on the ‘perfect' numbers in the width of its nave which is divided into 6 units of 16 brachia.The use of the perfect numbers as ratios for elements of buildings appeared extensive in the Renaissance, and widespread throughout architectural theories. It is also possible, however, to identify several other systems of proportion which were equally as influential on the architecture of these years. Whilst Pythagoras identified the Golden Section and the â€Å"perfect numbers†, he also discovered how musical harmonies could be determined by measured lengths of string, and therefore how the corresponding mathematical ratios could be applied to architectural proportions.In De Re Edification, Alberta appears to be strongly influenced by these discoveries, asserting the notion o f beauty in music being paralleled in architecture, and recommending ratios based on intervals greater than an octave. Francesco did Giorgio, in his Attractor did architecture,1482, does not write explicitly on the theory of proportion in architecture, but still comments on music ratios when making recommendations for the S. Francesco Della Vagina, Venice, completed in 1534.Here he explains how the ratio of width to height of the nave should be based on the musical harmony of a 4th (ratio 3:4), and makes suggestions for the width of the chapels and transepts on similar terms. He gives no explanation for his choice of particular ratios, only stressing the view stated by Alberta that a system of proportion should be related 10 press, CACHE), p. 202 to the whole building, and that churches should reveal the â€Å"perfection of the divine Ewing itself†1 1.In addition to musical ratios, another system of proportion that stands in competition with that based on the human body (name ly ‘perfect' numbers) is the notion of sacred geometry. This system particularly arises during the Renaissance, and is identifiable again with the example of Brutishness's Old Sacristy for San Lorenz, where the 3 arched windows are said to allude to the trinity, the four walls of the cube denote the evangelists, and the 12 ribs of the dome stand as a symbol for the apostles.One final and major way in which the human body influenced architecture is that of the orders. Having established counter-arguments regarding the physical properties of buildings, it is necessary to incorporate social issues into the debate. Although the ancient texts explained the importance of using human proportion in buildings, and the various ways in which they manifest themselves, this does not mean that subsequent theorists and architects were equally as influenced by these theories.Instead, when identifying the similarities between treatises on architecture, it may be that writers were influenced by the authority of previous writers, and not specifically the content of their writing. Furthermore, when comparing, for example, Alberta and Francesco did Giorgio, writing respectively in 1450 and 1482, it is crucial to note differences in their personalities, activities and educational background which will have influenced their work.This point of social and historical context is clarified by Alberta himself who said that: â€Å"the greatest Joy in the art of building is to have a good sense of what is appropriate†12, whilst Filtrate's work of 1465, â€Å"can be seen as an explicit historical document, albeit of arduous interpretation†13. The varied and extensive influence of the human body on architectural forms and rating have been discussed with reference to the classical orders, geometric shapes, proportions, ratios and measuring systems.However, whilst all these influences are apparent, it is necessary to question the extent to which these ideas, originally found ed in the human body, were used deliberately, or whether the architectural forms in which they manifested themselves were imitated for their own sake. Likewise, it is also possible to identify other influences and issues concerning the context and individuality of the artist which suggest the human body was rarely of he greatest influence.

Angels Demons Chapter 70-73

70 Gunther Glick and Chinita Macri sat parked in the BBC van in the shadows at the far end of Piazza del Popolo. They had arrived shortly after the four Alpha Romeos, just in time to witness an inconceivable chain of events. Chinita still had no idea what it all meant, but she'd made sure the camera was rolling. As soon as they'd arrived, Chinita and Glick had seen a veritable army of young men pour out of the Alpha Romeos and surround the church. Some had weapons drawn. One of them, a stiff older man, led a team up the front steps of the church. The soldiers drew guns and blew the locks off the front doors. Macri heard nothing and figured they must have had silencers. Then the soldiers entered. Chinita had recommended they sit tight and film from the shadows. After all, guns were guns, and they had a clear view of the action from the van. Glick had not argued. Now, across the piazza, men moved in and out of the church. They yelled to each other. Chinita adjusted her camera to follow a team as they searched the surrounding area. All of them, though dressed in civilian clothes, seemed to move with military precision. â€Å"Who do you think they are?† she asked. â€Å"Hell if I know.† Glick looked riveted. â€Å"You getting all this?† â€Å"Every frame.† Glick sounded smug. â€Å"Still think we should go back to Pope-Watch?† Chinita wasn't sure what to say. There was obviously something going on here, but she had been in journalism long enough to know that there was often a very dull explanation for interesting events. â€Å"This could be nothing,† she said. â€Å"These guys could have gotten the same tip you got and are just checking it out. Could be a false alarm.† Glick grabbed her arm. â€Å"Over there! Focus.† He pointed back to the church. Chinita swung the camera back to the top of the stairs. â€Å"Hello there,† she said, training on the man now emerging from the church. â€Å"Who's the dapper?† Chinita moved in for a close-up. â€Å"Haven't seen him before.† She tightened in on the man's face and smiled. â€Å"But I wouldn't mind seeing him again.† Robert Langdon dashed down the stairs outside the church and into the middle of the piazza. It was getting dark now, the springtime sun setting late in southern Rome. The sun had dropped below the surrounding buildings, and shadows streaked the square. â€Å"Okay, Bernini,† he said aloud to himself. â€Å"Where the hell is your angel pointing?† He turned and examined the orientation of the church from which he had just come. He pictured the Chigi Chapel inside, and the sculpture of the angel inside that. Without hesitation he turned due west, into the glow of the impending sunset. Time was evaporating. â€Å"Southwest,† he said, scowling at the shops and apartments blocking his view. â€Å"The next marker is out there.† Racking his brain, Langdon pictured page after page of Italian art history. Although very familiar with Bernini's work, Langdon knew the sculptor had been far too prolific for any nonspecialist to know all of it. Still, considering the relative fame of the first marker – Habakkuk and the Angel – Langdon hoped the second marker was a work he might know from memory. Earth, Air, Fire, Water, he thought. Earth they had found – inside the Chapel of the Earth – Habakkuk, the prophet who predicted the earth's annihilation. Air is next. Langdon urged himself to think. A Bernini sculpture that has something to do with Air! He was drawing a total blank. Still he felt energized. I'm on the path of Illumination! It is still intact! Looking southwest, Langdon strained to see a spire or cathedral tower jutting up over the obstacles. He saw nothing. He needed a map. If they could figure out what churches were southwest of here, maybe one of them would spark Langdon's memory. Air, he pressed. Air. Bernini. Sculpture. Air. Think! Langdon turned and headed back up the cathedral stairs. He was met beneath the scaffolding by Vittoria and Olivetti. â€Å"Southwest,† Langdon said, panting. â€Å"The next church is southwest of here.† Olivetti's whisper was cold. â€Å"You sure this time?† Langdon didn't bite. â€Å"We need a map. One that shows all the churches in Rome.† The commander studied him a moment, his expression never changing. Langdon checked his watch. â€Å"We only have half an hour.† Olivetti moved past Langdon down the stairs toward his car, parked directly in front of the cathedral. Langdon hoped he was going for a map. Vittoria looked excited. â€Å"So the angel's pointing southwest? No idea which churches are southwest?† â€Å"I can't see past the damn buildings.† Langdon turned and faced the square again. â€Å"And I don't know Rome's churches well enou – † He stopped. Vittoria looked startled. â€Å"What?† Langdon looked out at the piazza again. Having ascended the church stairs, he was now higher, and his view was better. He still couldn't see anything, but he realized he was moving in the right direction. His eyes climbed the tower of rickety scaffolding above him. It rose six stories, almost to the top of the church's rose window, far higher than the other buildings in the square. He knew in an instant where he was headed. Across the square, Chinita Macri and Gunther Glick sat glued to the windshield of the BBC van. â€Å"You getting this?† Gunther asked. Macri tightened her shot on the man now climbing the scaffolding. â€Å"He's a little well dressed to be playing Spiderman if you ask me.† â€Å"And who's Ms. Spidey?† Chinita glanced at the attractive woman beneath the scaffolding. â€Å"Bet you'd like to find out.† â€Å"Think I should call editorial?† â€Å"Not yet. Let's watch. Better to have something in the can before we admit we abandoned conclave.† â€Å"You think somebody really killed one of the old farts in there?† Chinita clucked. â€Å"You're definitely going to hell.† â€Å"And I'll be taking the Pulitzer with me.† 71 The scaffolding seemed less stable the higher Langdon climbed. His view of Rome, however, got better with every step. He continued upward. He was breathing harder than he expected when he reached the upper tier. He pulled himself onto the last platform, brushed off the plaster, and stood up. The height did not bother him at all. In fact, it was invigorating. The view was staggering. Like an ocean on fire, the red-tiled rooftops of Rome spread out before him, glowing in the scarlet sunset. From that spot, for the first time in his life, Langdon saw beyond the pollution and traffic of Rome to its ancient roots – Citt di Dio – The city of God. Squinting into the sunset, Langdon scanned the rooftops for a church steeple or bell tower. But as he looked farther and farther toward the horizon, he saw nothing. There are hundreds of churches in Rome, he thought. There must be one southwest of here! If the church is even visible, he reminded himself. Hell, if the church is even still standing! Forcing his eyes to trace the line slowly, he attempted the search again. He knew, of course, that not all churches would have visible spires, especially smaller, out-of-the-way sanctuaries. Not to mention, Rome had changed dramatically since the 1600s when churches were by law the tallest buildings allowed. Now, as Langdon looked out, he saw apartment buildings, high-rises, TV towers. For the second time, Langdon's eye reached the horizon without seeing anything. Not one single spire. In the distance, on the very edge of Rome, Michelangelo's massive dome blotted the setting sun. St. Peter's Basilica. Vatican City. Langdon found himself wondering how the cardinals were faring, and if the Swiss Guards' search had turned up the antimatter. Something told him it hadn't†¦ and wouldn't. The poem was rattling through his head again. He considered it, carefully, line by line. From Santi's earthly tomb with demon's hole. They had found Santi's tomb. ‘Cross Rome the mystic elements unfold. The mystic elements were Earth, Air, Fire, Water. The path of light is laid, the sacred test. The path of Illumination formed by Bernini's sculptures. Let angels guide you on your lofty quest. The angel was pointing southwest†¦ â€Å"Front stairs!† Glick exclaimed, pointing wildly through the windshield of the BBC van. â€Å"Something's going on!† Macri dropped her shot back down to the main entrance. Something was definitely going on. At the bottom of the stairs, the military-looking man had pulled one of the Alpha Romeos close to the stairs and opened the trunk. Now he was scanning the square as if checking for onlookers. For a moment, Macri thought the man had spotted them, but his eyes kept moving. Apparently satisfied, he pulled out a walkie-talkie and spoke into it. Almost instantly, it seemed an army emerged from the church. Like an American football team breaking from a huddle, the soldiers formed a straight line across the top of the stairs. Moving like a human wall, they began to descend. Behind them, almost entirely hidden by the wall, four soldiers seemed to be carrying something. Something heavy. Awkward. Glick leaned forward on the dashboard. â€Å"Are they stealing something from the church?† Chinita tightened her shot even more, using the telephoto to probe the wall of men, looking for an opening. One split second, she willed. A single frame. That's all I need. But the men moved as one. Come on! Macri stayed with them, and it paid off. When the soldiers tried to lift the object into the trunk, Macri found her opening. Ironically, it was the older man who faltered. Only for an instant, but long enough. Macri had her frame. Actually, it was more like ten frames. â€Å"Call editorial,† Chinita said. â€Å"We've got a dead body.† Far away, at CERN, Maximilian Kohler maneuvered his wheelchair into Leonardo Vetra's study. With mechanical efficiency, he began sifting through Vetra's files. Not finding what he was after, Kohler moved to Vetra's bedroom. The top drawer of his bedside table was locked. Kohler pried it open with a knife from the kitchen. Inside Kohler found exactly what he was looking for. 72 Langdon swung off the scaffolding and dropped back to the ground. He brushed the plaster dust from his clothes. Vittoria was there to greet him. â€Å"No luck?† she said. He shook his head. â€Å"They put the cardinal in the trunk.† Langdon looked over to the parked car where Olivetti and a group of soldiers now had a map spread out on the hood. â€Å"Are they looking southwest?† She nodded. â€Å"No churches. From here the first one you hit is St. Peter's.† Langdon grunted. At least they were in agreement. He moved toward Olivetti. The soldiers parted to let him through. Olivetti looked up. â€Å"Nothing. But this doesn't show every last church. Just the big ones. About fifty of them.† â€Å"Where are we?† Langdon asked. Olivetti pointed to Piazza del Popolo and traced a straight line exactly southwest. The line missed, by a substantial margin, the cluster of black squares indicating Rome's major churches. Unfortunately, Rome's major churches were also Rome's older churches†¦ those that would have been around in the 1600s. â€Å"I've got some decisions to make,† Olivetti said. â€Å"Are you certain of the direction?† Langdon pictured the angel's outstretched finger, the urgency rising in him again. â€Å"Yes, sir. Positive.† Olivetti shrugged and traced the straight line again. The path intersected the Margherita Bridge, Via Cola di Riezo, and passed through Piazza del Risorgimento, hitting no churches at all until it dead-ended abruptly at the center of St. Peter's Square. â€Å"What's wrong with St. Peter's?† one of the soldiers said. He had a deep scar under his left eye. â€Å"It's a church.† Langdon shook his head. â€Å"Needs to be a public place. Hardly seems public at the moment.† â€Å"But the line goes through St. Peter's Square,† Vittoria added, looking over Langdon's shoulder. â€Å"The square is public.† Langdon had already considered it. â€Å"No statues, though.† â€Å"Isn't there a monolith in the middle?† She was right. There was an Egyptian monolith in St. Peter's Square. Langdon looked out at the monolith in the piazza in front of them. The lofty pyramid. An odd coincidence, he thought. He shook it off. â€Å"The Vatican's monolith is not by Bernini. It was brought in by Caligula. And it has nothing to do with Air.† There was another problem as well. â€Å"Besides, the poem says the elements are spread across Rome. St. Peter's Square is in Vatican City. Not Rome.† â€Å"Depends who you ask,† a guard interjected. Langdon looked up. â€Å"What?† â€Å"Always a bone of contention. Most maps show St. Peter's Square as part of Vatican City, but because it's outside the walled city, Roman officials for centuries have claimed it as part of Rome.† â€Å"You're kidding,† Langdon said. He had never known that. â€Å"I only mention it,† the guard continued, â€Å"because Commander Olivetti and Ms. Vetra were asking about a sculpture that had to do with Air.† Langdon was wide-eyed. â€Å"And you know of one in St. Peter's Square?† â€Å"Not exactly. It's not really a sculpture. Probably not relevant.† â€Å"Let's hear it,† Olivetti pressed. The guard shrugged. â€Å"The only reason I know about it is because I'm usually on piazza duty. I know every corner of St. Peter's Square.† â€Å"The sculpture,† Langdon urged. â€Å"What does it look like?† Langdon was starting to wonder if the Illuminati could really have been gutsy enough to position their second marker right outside St. Peter's Church. â€Å"I patrol past it every day,† the guard said. â€Å"It's in the center, directly where that line is pointing. That's what made me think of it. As I said, it's not really a sculpture. It's more of a†¦ block.† Olivetti looked mad. â€Å"A block?† â€Å"Yes, sir. A marble block embedded in the square. At the base of the monolith. But the block is not a rectangle. It's an ellipse. And the block is carved with the image of a billowing gust of wind.† He paused. â€Å"Air, I suppose, if you wanted to get scientific about it.† Langdon stared at the young soldier in amazement. â€Å"A relief!† he exclaimed suddenly. Everyone looked at him. â€Å"Relief,† Langdon said, â€Å"is the other half of sculpture!† Sculpture is the art of shaping figures in the round and also in relief. He had written the definition on chalkboards for years. Reliefs were essentially two-dimensional sculptures, like Abraham Lincoln's profile on the penny. Bernini's Chigi Chapel medallions were another perfect example. â€Å"Bassorelievo?† the guard asked, using the Italian art term. â€Å"Yes! Bas-relief!† Langdon rapped his knuckles on the hood. â€Å"I wasn't thinking in those terms! That tile you're talking about in St. Peter's Square is called the West Ponente – the West Wind. It's also known as Respiro di Dio.† â€Å"Breath of God?† â€Å"Yes! Air! And it was carved and put there by the original architect!† Vittoria looked confused. â€Å"But I thought Michelangelo designed St. Peter's.† â€Å"Yes, the basilica!† Langdon exclaimed, triumph in his voice. â€Å"But St. Peter's Square was designed by Bernini!† As the caravan of Alpha Romeos tore out of Piazza del Popolo, everyone was in too much of a hurry to notice the BBC van pulling out behind them. 73 Gunther Glick floored the BBC van's accelerator and swerved through traffic as he tailed the four speeding Alpha Romeos across the Tiber River on Ponte Margherita. Normally Glick would have made an effort to maintain an inconspicuous distance, but today he could barely keep up. These guys were flying. Macri sat in her work area in the back of the van finishing a phone call with London. She hung up and yelled to Glick over the sound of the traffic. â€Å"You want the good news or bad news?† Glick frowned. Nothing was ever simple when dealing with the home office. â€Å"Bad news.† â€Å"Editorial is burned we abandoned our post.† â€Å"Surprise.† â€Å"They also think your tipster is a fraud.† â€Å"Of course.† â€Å"And the boss just warned me that you're a few crumpets short of a proper tea.† Glick scowled. â€Å"Great. And the good news?† â€Å"They agreed to look at the footage we just shot.† Glick felt his scowl soften into a grin. I guess we'll see who's short a few crumpets. â€Å"So fire it off.† â€Å"Can't transmit until we stop and get a fixed cell read.† Glick gunned the van onto Via Cola di Rienzo. â€Å"Can't stop now.† He tailed the Alpha Romeos through a hard left swerve around Piazza Risorgimento. Macri held on to her computer gear in back as everything slid. â€Å"Break my transmitter,† she warned, â€Å"and we'll have to walk this footage to London.† â€Å"Sit tight, love. Something tells me we're almost there.† Macri looked up. â€Å"Where?† Glick gazed out at the familiar dome now looming directly in front of them. He smiled. â€Å"Right back where we started.† The four Alpha Romeos slipped deftly into traffic surrounding St. Peter's Square. They split up and spread out along the piazza perimeter, quietly unloading men at select points. The debarking guards moved into the throng of tourists and media vans on the edge of the square and instantly became invisible. Some of the guards entered the forest of pillars encompassing the colonnade. They too seemed to evaporate into the surroundings. As Langdon watched through the windshield, he sensed a noose tightening around St. Peter's. In addition to the men Olivetti had just dispatched, the commander had radioed ahead to the Vatican and sent additional undercover guards to the center where Bernini's West Ponente was located. As Langdon looked out at the wide-open spaces of St. Peter's Square, a familiar question nagged. How does the Illuminati assassin plan to get away with this? How will he get a cardinal through all these people and kill him in plain view? Langdon checked his Mickey Mouse watch. It was 8:54 P.M. Six minutes. In the front seat, Olivetti turned and faced Langdon and Vittoria. â€Å"I want you two right on top of this Bernini brick or block or whatever the hell it is. Same drill. You're tourists. Use the phone if you see anything.† Before Langdon could respond, Vittoria had his hand and was pulling him out of the car. The springtime sun was setting behind St. Peter's Basilica, and a massive shadow spread, engulfing the piazza. Langdon felt an ominous chill as he and Vittoria moved into the cool, black umbra. Snaking through the crowd, Langdon found himself searching every face they passed, wondering if the killer was among them. Vittoria's hand felt warm. As they crossed the open expanse of St. Peter's Square, Langdon sensed Bernini's sprawling piazza having the exact effect the artist had been commissioned to create – that of â€Å"humbling all those who entered.† Langdon certainly felt humbled at the moment. Humbled and hungry, he realized, surprised such a mundane thought could enter his head at a moment like this. â€Å"To the obelisk?† Vittoria asked. Langdon nodded, arching left across the piazza. â€Å"Time?† Vittoria asked, walking briskly, but casually. â€Å"Five of.† Vittoria said nothing, but Langdon felt her grip tighten. He was still carrying the gun. He hoped Vittoria would not decide she needed it. He could not imagine her whipping out a weapon in St. Peter's Square and blowing away the kneecaps of some killer while the global media looked on. Then again, an incident like that would be nothing compared to the branding and murder of a cardinal out here. Air, Langdon thought. The second element of science. He tried to picture the brand. The method of murder. Again he scanned the sprawling expanse of granite beneath his feet – St. Peter's Square – an open desert surrounded by Swiss Guard. If the Hassassin really dared attempt this, Langdon could not imagine how he would escape. In the center of the piazza rose Caligula's 350-ton Egyptian obelisk. It stretched eighty-one feet skyward to the pyramidal apex onto which was affixed a hollow iron cross. Sufficiently high to catch the last of the evening sun, the cross shone as if magic†¦ purportedly containing relics of the cross on which Christ was crucified. Two fountains flanked the obelisk in perfect symmetry. Art historians knew the fountains marked the exact geometric focal points of Bernini's elliptical piazza, but it was an architectural oddity Langdon had never really considered until today. It seemed Rome was suddenly filled with ellipses, pyramids, and startling geometry. As they neared the obelisk, Vittoria slowed. She exhaled heavily, as if coaxing Langdon to relax along with her. Langdon made the effort, lowering his shoulders and loosening his clenched jaw. Somewhere around the obelisk, boldly positioned outside the largest church in the world, was the second altar of science – Bernini's West Ponente – an elliptical block in St. Peter's Square. Gunther Glick watched from the shadows of the pillars surrounding St. Peter's Square. On any other day the man in the tweed jacket and the woman in khaki shorts would not have interested him in the least. They appeared to be nothing but tourists enjoying the square. But today was not any other day. Today had been a day of phone tips, corpses, unmarked cars racing through Rome, and men in tweed jackets climbing scaffolding in search of God only knew what. Glick would stay with them. He looked out across the square and saw Macri. She was exactly where he had told her to go, on the far side of the couple, hovering on their flank. Macri carried her video camera casually, but despite her imitation of a bored member of the press, she stood out more than Glick would have liked. No other reporters were in this far corner of the square, and the acronym â€Å"BBC† stenciled on her camera was drawing some looks from tourists. The tape Macri had shot earlier of the naked body dumped in the trunk was playing at this very moment on the VCR transmitter back in the van. Glick knew the images were sailing over his head right now en route to London. He wondered what editorial would say. He wished he and Macri had reached the body sooner, before the army of plainclothed soldiers had intervened. The same army, he knew, had now fanned out and surrounded this piazza. Something big was about to happen. The media is the right arm of anarchy, the killer had said. Glick wondered if he had missed his chance for a big scoop. He looked out at the other media vans in the distance and watched Macri tailing the mysterious couple across the piazza. Something told Glick he was still in the game†¦

Conflict in Romeo and Juliet Essay

The play that I have studied is Romeo and Juliet by William Shakespeare. Act three, scene one, the climax of this play, is a scene where much conflict occurs. This scene opens with two of Romeo’s friends, Benvolio and Mercutio, talking. Tension and suspense is established when Benvolio says, ‘The day is hot, the Capulets abroad, And, if we meet, we shall not ‘scape a brawl’ The ‘fiery Tybalt’ enters looking for Romeo. He felt that Romeo had insulted him by going to the Capulet masked ball and he wanted to exact his revenge. Mercutio deliberately insults him and draws his sword. Just as Benvolio tries to calm them down, Romeo enters. Tybalt tries to incite Romeo into fighting by insulting him: ‘Romeo, the love I bear thee can afford/ No better term than this, – thou art a villain. ‘ Romeo resists Tybalt’s challenge because he is now related by marriage to him. Mercutio is embarrassed by Romeo’s inaction and he challenges Tybalt. As Romeo tries to stop the fight Mercutio is mortally wounded by Tybalt. As Mercutio dies he says, ‘A plague o’ both your houses! / They have made worms’ meet of me. ‘ Romeo realises he is partially responsible for his friend’s death and his anger leads him to kill Tybalt. He then realises he is ‘fortune’s fool’ and flees the place. The Prince of Verona arrives and decides to exile Romeo from the city. What are the underlying causes of conflict in this scene? The main cause of the conflict in this scene arises ‘From ancient grudge’ between two major families in Verona – the Capulets and the Montagues. The feud is so strong that the play opens with their servants fighting. Indeed, the rift is so strong that the Prince of Verona is prompted to announce, ‘If ever you disturb our streets again/ Your lives will pay the forfeit of the peace. ‘ Another cause of the conflict is the mercurial nature of Tybalt. He saw Romeo’s appearance at the Capulet masked ball as an insult and was determined to challenge Romeo. Mercutio also contributed to the conflict. He was very quick to engage in a quarrel with Tybalt and condemned Romeo for avoiding conflict, ‘O calm, dishonourable, vile submission! ‘ Finally Romeo has much internal conflict in this scene. He is being challenged and insulted by Tybalt but feels he cannot retaliate because he is now secretly married to Juliet, Tybalt’s cousin. It is clear there is much conflict in this scene and many reasons for it – this conflict adds greatly to our enjoyment of the play.

European Convention on Human Rights Essay

A.INTRODUCTION We live in the Digital Age and in a fully globalized world in which intellectual property rights (IP rights) are no longer configured in the same way they did before. That is why the Anti-Counterfeiting Trade Agreement was designed in order to respond to new technological and human challenges. But when ACTA was revealed to the public opinion an intense debate emerged from the first moment and almost immediately civil and Internet organizations totally opposed to the content of ACTA alleging that the agreement was a serious violation of fundamental rights. On the other side, the signatory states, the right holders of those IP rights and the European Union, defended Intellectual Property as an engine of economic growth, job creation and encouragement of innovation and artistic and technological creation. The purpose of this seminar paper is to explain which provisions of ACTA hinder fundamental rights as enshrined in the different European catalogues of human rights, namely the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. But the scope of ACTA is much wider, it covers topics such as generics medicines, innovation and competition, which are not objective of this paper and therefore they will not be analyzed. In order to understand which violations are perpetrated by ACTA, this paper is divided in four parts. In the first one I will explain what is the Agreement and how was negotiated. We will see that is a matter of great topicality since the final vote at the European Parliament is about to take place, specifically in a month. Second, I will explain how those catalogues of fundamental rights relate to each other. In other words, how a multilevel of protection of fundamental rights affect the guarantees protected by those rights. Third, I will analyse which provisions of ACTA do not respect European fundamental rights. Finally, I will draft some conclusions. B.THE ANTI-COUNTERFEITING TRADE AGREEMENT I.WHAT IS ACTA The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral agreement  which its main objective is to establish a harmonized standard for the enforcement of intellectual property rights in order to combat the violation of protected rights all around the world. In order to fulfill this task, the agreement contains provisions on international cooperation between States and the coordination of law enforcement, especially the introduction of civil and criminal sanctions for intellectual property infringements , such as counterfeit goods, generic medicaments and copyright infringements on the internet. The countries involved in the Agreement are the United States, Japan, Canada, the European Union (with its 27 Member States), Switzerland, Australia, Mexico, Morocco, New Zealand, South Korea and Singapore, making a total of 11 contracting parties. Since ACTA is an international agreement that bounds only the contracting parties, it is a method of creation of a new international law. According to the EU Commission â€Å"ACTA will help countries work together to tackle more effectively Intellectual Property Rights (IPRs) infringements† . So the interest of the EU to sign this agreement resides in the concern of remaining at a relevant position in the global economy and by this way being able to protect the jobs related to intellectual property all around the European Union. The Agreement is divided in Chapter I for Initial provisions and general definitions; Chapter II for the Legal framework of enforcement of Intellectual Property Rights (and subdivided in Section 1: General Obligations with Respect to Enforcement, Section 2: Civil Enforcement, Section 3: Border Measures, Section 4: Criminal Enforcement and Section 5: Enforcement of Intellectual Property Rights in the Digital Environment); Chapter III for Enforcement practices; Chapter IV for International cooperation; Chapter V for Institutional arrangements and Chapter VI for Final Provisions. II. HOW IS ACTA BEEN NEGOTIATED During the whole process of negotiation of ACTA, much criticism has arisen due to the lack of transparency and the possible violation of fundamental rights. The potential infringements of fundamental rights will be discussed at a further moment and now we will see how the whole agreement was decided. On 23 October 2007 the office of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a â€Å"new international agreement focused on  cooperation, best practices, and a strong legal framework for Intellectual property rights enforcement†. Since then, eleven negotiation rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was never negotiated under the scope of the WIPO or the WTO. The Member States of the European Union were represented by the European Commission and the Presidency of the Coun cil. The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council Decision on the conclusion of ACTA , and in December 2011 the final version of the Agreement was adopted unanimously by the Council and signed by the European Commission and 22 Member States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia have not signed it yet). In order to be part of EU law the Agreement must be ratified by the EU, which means approval by the European Parliament under the procedure for international commercial agreements described in Article 218(6) TFEU and ratification by Member States under their national procedures. Knowing that there is a need of a vote at the European Parliament, the society has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of some NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreseen at Art. 218(11) TFEU, to decide to refer the Agreement to the Court of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was: â€Å"Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of Fundamental Rights of the European Union?†. It is known that rulings from the ECJ take time, but until the opinion is made, the European Parliament decided to uphold its vote until the ECJ had made any conclusion . However, it decided that it will continue to supervise the Agreement. The next logical step would had been to make another referral to the ECJ by the European Parliament, but on 28 March, this Institution decided to reject a referral to the Court of Justice because there was â€Å"no need to do so, because the file will anyway go to the court – according to intentions announced by the European Commission†. It was surprising how the EU Digital Agenda Commissioner  Neelie Kroes suggested at a conference on internet freedom in Berlin on 4 May 2012 that ACTA was probably not going to be ratified since she stated that â€Å"We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde†. This does not mean that the Agreement will be immediately rejected, there is a need to hold a vote at the European Parliament in order to do so. The final vote on ACTA has been scheduled for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP committees will be giving their opinions on the 31 May 2012, namely the Legal Affairs Committee (JURI), the Industry Committee (ITRE) and the Civil Liberties Committee (LIBE). Once these committees have drafted an opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA. As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but also for the MEPs and some other Organs of the European Union, like the European Data Protection Supervisor. Remains to be seen what the final decision of the European Parliament would be and this will undoubtedly have consequences in both ways: If ACTA is ratified by the Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the support of the European Union. So we still need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the issue is really topical. C.THE DIFFERENT LEVELS OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE In this section I will explain the relationship between the different catalogs of fundamental rights that concern this seminar paper, namely the German Basic Law, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification can raise questions to EU citizens when they seek  the protection of their fundamental rights, since they exist up to four catalogues: the national constitutions, the ECHR, the case law of the ECJ and the Charter . I.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS THROUGH THE ECJ AND THE ECtHR At one first moment the ECJ declared it had no jurisdiction to ensure compliance with national law, which did include a catalog of fundamental rights within the national Constitutions. This first stage was changed after the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general principles of Community Law , and the CJEU has the task to protect them, but it didn’t say which rights were those: â€Å"Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general principles of Community Law and protected by the Court†. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft judgment of 17 December 1970. Here the Court confirms the existence of general principles for the protection of fundamental rights within the Community Law inspired by the constitutional traditions common to the Member States : â€Å"[†¦] in fact, respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the Community†. But the ECJ stated that Community law could not be judged against national law, even constitutions: â€Å"[†¦] the validity of a Community instrument or its effect within a Member State cannot be affected by allegations that it strikes at either the fundamental rights as formulated in that States’ constitution or the principles of a national constitutional structure.† By this way, the Court had to analyze the situation under the national law of the Member States when it was faced with a situation with no legal or insufficient response. Four years later, the Nold judgment of 14 May 1974 made a reference to international treaties as elements of inspiration for the definition of a scope of fundamental rights, but also the ECJ stated that it cannot go in a different dir ection to the one established in the constitutional laws of the Member States. By doing  so, the rights recognized in the different legal orders where the limit to the action of the ECJ: â€Å"In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. As the judgment states, the ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), becoming this latter treaty the maximum standard for the protection of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as source of inspiration does not mean that t he rights within can be invoked in ECJ. The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that: â€Å"[†¦] that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures; that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community; and that, similarly; international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished two things: To incorporate a central feature of modern constitutions into t he corpus of EC law and to help strengthen the authority of EC law against potential challenges before national courts in the name of domestic constitutional rights . The next step in cooperation between Community law and the ECHR was given in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violated the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the problem at issue  was whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, but the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of â€Å"equivalent protection† to the ECJ, meaning that â€Å"State action taken in compliance with such leg al obligations is justified as long as the relevant organization is considered to protect fundamental rights, as regards both the substantive guarantees offered and the mechanisms controlling their observance, in a manner which can be considered at least equivalent to that for which the Convention provides† . The Court continues: â€Å"If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization† . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a single catalog of European law . But what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it: â€Å"Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection†. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible confusion of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights . II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNION The main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal Constitutional Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German Basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German Constitutional Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law. But in 1993, the German Constitutional Court seemed to go back to the previous doctrine of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it wanted to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the Basic Law, so for this purpose it extends the meaning of public power and declares that no matter what kind of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will always have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court every time their activity fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained tha t the previous doctrine was a â€Å"misunderstanding†. The German Constitutional Court will review  possible violations of fundamental rights only if the European Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This means that while the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the supremacy of Community law concerning the protection of human rights, but this supremacy has finally been recognized as a prerequisite for Germany to participate in the European Integration Process . III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS The European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Federal Republic of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Và ¶lkerrechtsfreundlichkeit of the Basic Law , which means that Germany’s fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR needs to be taken into account without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Gà ¶rgà ¼là ¼ judgments. It is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that â€Å"the authorities and courts of the Federal Republic of Germany are obliged, under certain condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions.† . By saying â€Å"taking account† and not, for example, â€Å"comply  with† the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the competent court under the German legislation needs to give reasons why this doctrine can be applied . In fact, the German judgment states : â€Å"If [†¦] the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must di scernibly consider the decision and, if necessary, justify understandably why they nevertheless do not follow the international-law interpretation of the law.† The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHR’s decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpretation of those rights. IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE? It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other: -ECJ draws inspiration of national constitutional traditions and the ECHR; -The Charter has its minimum standard of protection in the ECHR; -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights it  does it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues. D.ACTA AND FUNDAMENTAL RIGHTS ACTA have undeniable effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are: -The right to freedom of expression and information (Art. 5(1) BL; Art. 10(1) ECHR; Art. 11(1) Charter); -The right to privacy and data protection (Art. 10(1) BL; Art. 8(1) ECHR; Art. 7 and 8(1) Charter); -The right to a fair trial (Art. 103(1) BL; Art. 6 ECHR; Art. 47 Charter); We will also discuss about the â€Å"fundamental principles† that ACTA seems to guarantee. I.THE RIGHT TO FREEDOM OF EXPRESSION AND INFORMATION Art. 10(1) ECHR guarantees the right to freedom of expression and information, but also the right to freedom to hold opinions and to receive and impart information without interference of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information: online newspapers, video channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the foundation of a democratic society: â€Å"The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a â€Å"democratic society†. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man† . Moreover, the UN Special Rapporteur on Freedom of Expression has declared that access to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedom  of expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences: 23(1): Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale [Fn]. For the purposes of this Section, acts carried out on a commercial scale include at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered as criminal offences. We should ask whether private file sharing match the nature of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contracting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to meet the legal certainty required. Another worrying provision from Art. 23(1) ACTA are the notions of â€Å"commercial scale† and â€Å"direct or indirect economic or commercial advantages† which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or trivial . Since there is no list again of what acts could be done at a â€Å"commercial scale† this is not sufficient to see whether that notion would fit under the definition that the European Union gives to â€Å"commercial scale†, which excludes those acts â€Å"carried out by private users for personal and not-for profit purposes† . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and trivial Internet data exchange, which its main purpose is not to violate IP rights, but the possibility to expre ss, be informed, hold opinions and to receive and impart information which are essential for a democratic society. One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP liability  and the â€Å"three strikes† rule. This was originally intended by the drafters of the Agreement which did not please the public opinion when a provisional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating â€Å"liability of online service providers, including restricted safe harbours; takedown or removal of material at the request of rightholders; and third party secondary, and contributory liability. In prior proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts†. In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA: Art. 27(1): Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2): Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy. [fn] Footnote: For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder. There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of alleged IP rights violations and therefore deprive them  of their right to freedom of expression and information. II.THE RIGHT TO PRIVACY AND DATA PROTECTION Art. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . Both rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4): Art. 11: Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations tha t the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution. Art. 27(4): A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and  privacy. Under Art. 11 extensive disclosure orders are allowed . This covers â€Å"infringers†, â€Å"alleged infringers† and â€Å"any person involved in any aspect of the infringements or alleged infringement†, they also include â€Å"the identification of third persons alleged to be involved†. In addition, Art. 27(4) allow data disclosures for the purpose â€Å"to identify a subscriber whose account was allegedly used for infringement†. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC : â€Å"any information relating to an identified or identifiable natural person (â€Å"data subject†); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number†. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and prevention of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights. Moreover, this monitoring would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals’ private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection. III.THE RIGHT TO A FAIR TRIAL The right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Và ¶lkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for a  fair trial: Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for pr ovisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception. This is against the principle of â€Å"equality of arms† defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his â€Å"equality of arms†. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which â€Å"competent authorities† the article refers to. In opinion of the EDPS the ambiguous concept does not provide with the sufficient legal cert ainty of whether the disclosure of information would be taken place by judicial authorities. He believes that such concept could also include administrative bodies that are not embodied with the sufficient â€Å"guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial†. It must be also considered that ACTA enable to private parties to adopt functions that belong to judicial authorities and it seems as if there is a â€Å"privatisation† of IP rights law . Art. 27(3) enable the â€Å"business community† to address IP infringements: Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy. Right holders cannot judge  whether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts †may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law†. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that â€Å"Lack of transparency in the intermediaries’ decision making process also often obscures discriminatory practices or political pressure affecting the companies’ decisions† and â€Å"To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restrictions to these rights after judicial intervention† . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the â€Å"business community† with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter. IV.THE â€Å"FUNDAMENTAL PRINCIPLES† The digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve â€Å"fundamental principles such as freedom of expression, fair process and privacy†. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include â€Å"fundamental rights† instead of â€Å"fundamental principles†, since freedom of expression and privacy are not â€Å"principles†, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a â€Å"fair trial† or to the right to â€Å"due process†, instead they referred to the term: â€Å"fair process†, which, as confirmed by the European Commission , that is not a fundamental principle of international law. To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be â€Å"in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy†. It seems that such terms are not intended to properly ensure  fundamental rights in the way they do the different European catalogues. D.CONCLUSIONS It is true that IP rights must be protected and since we live in a digital era, that task has become more difficult due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights. This is something that the ECJ stated twice in the Telefà ³nica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a â€Å"a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other†. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet). Meanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop thinking in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.