Monday, January 27, 2020
Effects of Derivatives in National Legislation In the case before us the United Kingdom has failed to transpose the directive into national law, resulting in a detrimental effect for both Rachel and Jose. The fact that the UK government voted against the Directive when it was adopted in the council of ministers by QMV and believes that existing legislation adequately covers teacherÃ¢â¬â¢s rights is of no consequence if the state of the law doesnÃ¢â¬â¢t give effect to the directive. Initially it was envisaged that the infraction procedure as set out in Article 226 EC treaty would be the primary means of enforcement of community law against member states. Article 226 proved itself to be ineffective; at the time lacking provisions to impose penalties on member states. Article 226 is also incapable of safeguarding the rights of individuals (a compensation order cannot be made against the defaulting state in favour of the aggrieved individual). Due to the inadequacy of Article 226 in the case of Van Gend en Loos 1962 the principle of direct effect was born. Van Gend en Loos had had a customs duty imposed on his goods by the Dutch contrary to Article 25 breaching rules in relation to the free movement of goods. Van Gend brought proceedings against the Dutch government in the national courts claiming reimbursement of the customs duties. The Dutch court sought a preliminary ruling from the ECJ who first of all considered whether treaty provisions coul d confer directly effective rights upon individuals. The ECJ held that Ã¢â¬Å"community lawÃ¢â¬ ¦ not only imposes obligations on individuals but isÃ¢â¬ ¦ intended to conferÃ¢â¬ ¦rights which become part of their legal heritageÃ¢â¬ ¦ (arising)Ã¢â¬ ¦ not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon member statesÃ¢â¬ . Article 249 provides that a directive is binding as to the result to be achieved but not as to the method employed by the state. The direct effect of directives was first recognised by Van Duyn v Home Office. Van Duyn was a scientologist refused entry to the UK as the UK government had imposed a ban on foreign scientologists entering the UK. Van Duyn challenged the ban as falling foul of Directive 64/221/EEC which required that any ban be based on the personal conduct of an individual. The ECJ held that Ã¢â¬Å"it would be incompatible with the binding effect attributed to a directive by Article 249 to exclude, in principle, the possibility that the obligation which it imposes may be invoked by those concernedÃ¢â¬ ¦ (particularly where a directive)Ã¢â¬ ¦ has imposed on member states obligationsÃ¢â¬ ¦ the useful effect Ã¢â¬ ¦ (of which)Ã¢â¬ ¦ would be weakened if individuals were prevented from relying on it before their national courts. Another justification for direct effe ct of directives is that of estoppel; it would be wrong for a member state to be able to rely on and gain advantage through their failure to implement an obligation under a directive; they are thus estopped from denying the direct effect of directives once the deadline for transposition has passed. The estoppel argument has one very important implication; as direct effect is based on the fault of the member state in failing to implement the directive it follows that parties may invoke and rely on the directive against the state only; (i.e. only vertical not horizontal direct effect). Where a directive is properly implemented individual rights flow from the implementing legislation and not the directive itself. The limit to vertical direct effect can be best illustrated by the case of Marshall; Ã¢â¬Å"a directive may not of itself impose obligations on an individual and that a provision of a directive may not be relied upon against such a personÃ¢â¬ . An important requirement is that Ã¢â¬Å"it is necessary to examine in every case, whether the nature, general scheme and wording of the provision are capable of having direct effectÃ¢â¬ ; the provisions must be Ã¢â¬Å"unconditional and sufficiently preciseÃ¢â¬ . So, Rachel, working for an entity of the state (a state school) may be able to enforce her right to a break with direct effect through the English courts; the Ã¢â¬Å"teacherÃ¢â¬â¢s employment rightsÃ¢â¬ directive imposes on member states obligations to ensure that teachers are afforded a 3 hour break. Clearly as the directive has not been transposed Rachel has been deprived of this right and the English judge should rule in favour of her right to a break. The directive also fulfils the Becker test; it is unconditional and sufficiently precise. Jose, ostensibly will not be able to enforce his rights through the English courts, although he is being denied his break he works for a private institution, a problem insofar as direct effect of directives is permitted only vertically (individual v the state) and not horizontally (individual v individual). This two tier legal system, affording increased rights to public sector employees has come under a barrage of criticism from the judiciary and academia alike. Conversely to allow horizontal direct effect would render the distinction between directives and regulations meaningless so as to be effectively one and the same. Although a directive has in certain cases been used as a Ã¢â¬Å"shieldÃ¢â¬ in a dispute between private parties to prevent provisions of conflicting national being invoked against each other Jose may though be able to claim direct effect; if, although he works for a private institution it has a public function; Ã¢â¬Å"a bodyÃ¢â¬ ¦ which has been made responsibleÃ¢â¬ ¦ for providing a public service under the control of the stateÃ¢â¬ ¦ is included among the bodies against which the provision of a directive capable of having direct effect may be relied onÃ¢â¬ . So in the case of Jose it is a question of fact whether he may be able to rely on the directive. The concept of state liability stems from the case of Francovich. The full effectiveness of community rules would be impaired and the protection of the rights granted would be weakened if individuals were unable to obtain redress when their rights are infringed by breach of community law for which a member state can be held responsible; state liability for loss and damaged caused to individuals is therefore inherent in the treaty In Francovich the court held that in cases where there was a failure to implement community law under Article 249 that there was a right to compensation provided (a) the result which had to be attained by the directive involved rights conferred on individuals. The directive undoubtedly confers rights (better working conditions on both Rachel and Jose) (b) the contents of the rights could be identified from the provisions of the directive (this is satisfied as the directive is clear and unambiguous as to the applicable rights) (c) there must exist a casual link between the failure by the member state to fulfill its obligations and the damage suffered by the person affected (clearly if Rachel and Jose are dismissed because they refuse to work without the break provided for in the directive then there is a casual link). On the face of it Rachel (and Jose) would be able to bring an action for damages against the British government. It is for the national courtsÃ¢â¬ ¦ to ensure legal pro tection which persons derive from community law. In anycase in the case of Jose, if he is not able to enforce his rights directly (and a complaint to the commission is a lengthy process-see below) industrial action by his trade union could be an attractive alternative. Article 226 plays the leading role in the Ã¢â¬Å"centralised enforcementÃ¢â¬ of EU law (as opposed to direct effect for instance at the national level). 226 provides that Ã¢â¬Å"if the commission considers that a member state has failed to fulfil an obligation under this treaty, it shall deliver a reasoned opinion on the matter after giving the state concerned the opportunity to submit its observationsÃ¢â¬ ¦ if the state concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the court of justiceÃ¢â¬ . In addition Article 227 provides that a Ã¢â¬Å"memberstate which considers that another member state has failed to fulfil an obligation under the treaty may bring the matter before the Court of JusticeÃ¢â¬ . The use of Article 227 has been rare though, member states preferring to leave it to the commission to take action under Article 226. The infrequent use of Article 227 can best be attribute d to politics, especially with the increased use of QMV making it even more imperative to maintain good relations with fellow member states. Also in the case before us the failure to implement correct break times for teachers lecturers in the UK is probably not of much concern to the Spanish government!! Returning to article 226 the procedure compromises two elements; the administrative stage and the judicial stage. The Commission, upon being notified of the member states infringement by a member state or a individual initiates matters with an informal letter to the member state government outlining the reasons upon which it suspects and infringement. The member state government is then invited to reply and to submit further information. This is then followed by a formal request to the member state to submit its observations (the letter of notice). Ideally the commission and the member state will negotiate an agreement by this stage, especially if it is the case that the member state is genuinely unaware of the infringement or is simply buying time before implementing the directive. In the UK as there is a chronic shortage of teachers the implementation may well have far reaching applications, for this reason the UK may well call commissions bluff and refrain from implementing the directive for a period of time. Only if no agreement is reached in the early stage will the commission deliver its reasoned opinion. Then only if the infringement continues will the commission move from the administrative phase to the judicial phase. It is of note that only a minority of cases will reach the judicial phase, in 2002 approximately ten percent and in 2003 approximately thirteen percent. It is worth noting that the Commission is under no obligation to take action with regards to Article 226. If the member state takes no heed of the reasoned opinion then the Commission may begin the judicial stage but there is no time limit that the commission must adhere to in doing so. Once the ECJ has judged against the member state failure to observe the terms of that judgment will constitute a breach of Article 228(1). The state may be required to remedy, introduce or revoke national law to comply with the courts judgment. If the state continues to be in breach of the judgment then the commission may invoke fresh proceedings under Article 228(2). The three administrative stages of Article 226 will then apply. If the commission decides to progress to the judicial stage then the commission will recommend a lump sum and or penalty payment to be imposed against the defaulting member state (although I issue the caveat that this is only a recommendation to the court and there is no upper limit on the amount that may be fined). The Court of justice has consistently imposed fines on member states in Art 228(2) proceedings. In the case of Commission v Hellenic Republic the ECJ held that although Article 228(2) did not specify the period in which the judgment had to be complied with the importance of immediate and uniform application of community law meant that the process of compliance had to be initiated at once and completed as soon as possible. The process of Article 228(2) is a very long and drawn out one, with many cases taking a decade or more. Given that several years or more may elapse between the initial complaint to the commission and the hearing before the court of justice, the commission, in circumstances where continuing damage is being caused while the case is processed may well apply to the court for interim relief. The court may apply interim relief under Art 243; Ã¢â¬Å"the court of Justice may in any cases before it prescribe any necessary interim measuresÃ¢â¬ . In the present scenario the issue of interim relief is, seemingly academic as they have not yet been sacked, instead I mention it to try and give a broader view of the area. In summation the commissions actions under Art 226 (or in the unlikely case of a state art 227 actions) are long, drawn out processes and will be of little use to Rachel and Jose who will have long moved on before their protests come to fruition. Bibliography: Chalmers, D. Hadjiemmanuil, C. Monti, G. Tomkins, A. (2006) European Union Law. Cambridge: Cambridge University Press. Craig, P. Directives: Direct effect, Indirect effect and the construction of national legislation. E.L. Rev. 1997, 22(6), 519-538 Fairhurst, J. (2005). Law of the European Union. Harlow: Pearson Longman. Harden, I. What future for the Centralised enforcement of community law? (2002) 55 CLP 495 Harlow, C. Rawlings, R. Accountability and law enforcement: The centralised EU infringement procedure. E.L. Rev. 2006, 31(4), 447-475 Meltzer, D. Member state liability in Europe and The United States. 2006 Jan 4 IntÃ¢â¬â¢l J. const. L. 39 Pachnou, D. Direct and Indirect effect of directives and state liability: their applicability in relation to procurement remedies. P.P.L.R. 2000, 5, 251-260 Weatherill, S. Breach of Directives and Breach of contract. (2001) 26 European Law review 177-183 Footnotes  Qualified Majority Voting  Formerly article 169  Chalmers, Hadjiemmanuil, Monti and Tomkins, 2006, p365  Subsequently amended by the TEU Article 228(2)  Fairhurst, 2006, p234  Van Gend en Loos v Nederlandse Administratie der Belastingen Case 26/62 IN RELATION TO A TREATY ARTICLE  European Court of Justice  A directive is addressed to the state and NOT its citizens, As opposed to regulations (addressed to its citizens) which are binding as to both the method of implementation and the result to be achieved.  Case 41/74  First employed in Ratti Case 14878  Marshall v Southampton and SW Hampshire Area Health Authority (1986) Case 152/84 at Para 48  Van Duyn v Home Office. Case 41-74 at Para 12  Ursula Becker v Finanzamt MÃ ¼nster-Innenstadt. Reference for a preliminary ruling: Finanzgericht MÃ ¼nster Germany. Direct effect of directives. Case 8/1981 at Para 25  See also Craig, 1997, 522  See Faccini Dori v Recreb Case 91/92  See for instance Case 316/93 Vaneetveld v Le Foyer and Faccini Dori v Recreb Case 91/92  See Faccini Dori v Recreb Case 91/92 at Para 24  Weatherill, 2001, p177  Foster v British Gas Case 188/89  Joined cases C-6 and 9/90 Francovich and Bonafici v Italy  Ibid at Para 33  Ibid at Para 34  R v Secretary of State for Transport ex parte Factortame Ltd Case 218/89  Meltzer, 2006, 59  Harden, 495, 2002  Harlow and Rawlings, 2006, 451  As yet on only two occasions see Case 141/178 France v United Kingdom and Case 388/95 Belgium v Spain  Chalmers, Hadjiemmanuil, Monti and Tomkins, 2006, p349  European Commision 21st Annual report on the application of Community law, COM (2004) 839  See the 6 year wait in Commision v Germany Case 422/92  See Case 304/02  Case 387/97  Pachnou, 2000, 256
Sunday, January 19, 2020
Ã¢â¬ËAfter 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 Ã¢â¬Ëarrangement 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 Ã¢â¬Ëideal' 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 Ã¢â¬Ëauthorities' 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: Ã¢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 onÃ¢â¬ 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 Ã¢â¬Å"the proportions strength and beauty of the body of a manÃ¢â¬ .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 Ã¢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 CorinthianÃ¢â¬ . 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 Ã¢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 manÃ¢â¬ 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 Ã¢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 Ã¢â¬Ëideal 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 Ã¢â¬Å"the first Renaissance space that could actually be enteredÃ¢â¬ 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 Ã¢â¬Å"sacred station en route to Sans AndreaÃ¢â¬ 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 Ã¢â¬Å"evoke in the congregation a consciousness of the presence of GodÃ¢â¬ 7, Just as Alberta stipulated that an ideal church should have a Ã¢â¬Å"purifying effect and produce the state of innocence which is pleasing to GodÃ¢â¬ 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 Ã¢â¬Å"the bond that holds things togetherÃ¢â¬ 9, Alberta commented in his treatise of 1450 that: Ã¢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 anotherÃ¢â¬ 10. This idea manifests itself in the way that buildings incorporate an overall system of proportion, but more specifically, the inclusion of the Ã¢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 Ã¢â¬Ëideal man' who is 60 inches tall, with a navel 36 inches off the ground. Other references to this particular ratio based on Ã¢â¬Ëperfect' 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 Ã¢â¬Å"perfectÃ¢â¬ 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 Ã¢â¬Ëperfect' 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 Ã¢â¬Å"perfect numbersÃ¢â¬ , 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 Ã¢â¬Å"perfection of the divine Ewing itselfÃ¢â¬ 1 1.In addition to musical ratios, another system of proportion that stands in competition with that based on the human body (name ly Ã¢â¬Ëperfect' 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: Ã¢â¬Å"the greatest Joy in the art of building is to have a good sense of what is appropriateÃ¢â¬ 12, whilst Filtrate's work of 1465, Ã¢â¬Å"can be seen as an explicit historical document, albeit of arduous interpretationÃ¢â¬ 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.
Saturday, January 11, 2020
Some of you may remember back in 5th grade the D.A.R.E song. You know the song about staying away from drugs and making your own choices. Come on! It had little dance moves that went along with the words. Well if you donÃ¢â¬â¢t remember, heres an example of the Chapman Elementary school in Dublin Ohio singing at their D.A.R.E graduation. (play video) Who went through a program like this in their elementary school? According to the Ocean Shore Police, today D.A.R.E. is being taught in all 50 states, in more than 300,000 classrooms. However, this program is not as effective as it was originally sought out to be. Drug abuse is a tremendous problem that must be addressed by the community in order to aid in future prevention. Today I will be talking to you about the D.A.R.E program now and how it is slowly losing its popularity, my proposal on how to change it and how this will positively effect the younger generations. D.A.R.E, standing for Drug Abuse Resistance Education Program, was founded in 1983 by the Los Angeles Police Department and eventually spread across the country. DARE is a primary, or universal prevention program. It targets children and youth before or around the age of experimentation, usually 5th graders. Today, the program reaches more than 26 million children every year in the United States. The non-profit program uses trained law enforcement officers to teach students about drug and alcohol resistance and prevention, and making good life choices. The hour-long classes typically run 10 to 17 weeks, depending on the school. The D.A.R.E. program enables students to interact with police officers or sheriffs in a safe and controlled classroom environment. This helps students and officers meet and understand each other in a friendly manner. Since it was founded, D.A.R.E. has expanded to encompass programs for middle and high school students, conflict resolution, gang prevention, parent education, and after-school recreation and learning. The curriculum has also been revised over the years as a result of research findings and is now more interactive by promoting participation by students. D.A.R.E. has alsoÃ established a Scientific Advisory Board to aid in self- evaluation and recommend program changes. Kathi Ackerman, director of Minnesota DARE said, Ã¢â¬Å"Its curriculum has been revamped at least 10 times since its creation.Ã¢â¬ Still, many districts have had to cut the program because it was too expensive and the outcome did not meet their standards. Julie Olson, director of elementary education said that the Rosemount-Apple Valley district had to drop DARE due to their $15 million budget shortfall. The district used the program for two decades; however it was cut from 18 elementary schools, saving the district $50,000 annually. Although the program has said it involves middle and high school students, research found that 80% of primary school students had experienced some D.A.R.E. education, but only 20% of middle school students and 10% of high school students were exposed to any follow-up drug use prevention. This is one of the great weaknesses within the program. Without a follow up lesson, kids tend to forget what they learned or simply think it does not apply to them anymore. Regardless of the positives DARE teaches, being exposed to these lessons in only one grade is not enough for it to become a way of life. If we ask the question, does DARE help support healthy attitudes about drug use, increase knowledge and awareness of addiction, and increase skills important for youth to have, then the answer is without a doubt yes. However is this enough for our children? Their lives are at stake and if we do not see results, then we are not effectively doing our job. What the critics fail to recognize, is that no single program can be expected to have a lasting effect by itself. Namely, no one component in prevention is sufficient in and of itself to reduce the prevalence of drug use. For this reason, I propose an updated version of the DARE program. A version that will run throughout middle and high school, involve the parents, schools teachers, faculty and staff. This new program will continue on with all that is already in the DARE program; however, it will also include guest speakers, field trips and hands on activities. Volunteer guest speakers will range from previously abusive drug and alcohol users, current abusers and families of those that have lost a loved one to the disease of addiction. The lack of shock and Ã¢â¬Å"in your faceÃ¢â¬ types of actions are what the current DARE program is missing. This may be due to the fact that its primary ageÃ group for students is in the elementary school level. Kids in middle and high school need to see these types of people for it to actually effect them. I know that every teenager thinks they are invincible and that they can do anything. They have the mindset, Ã¢â¬Å"That could never be me.Ã¢â¬ I did, but boy did I get a news flash when I went on a field trip with my criminal justice class to the Nassau Jail. A few of the inmates volunteered to tell their stories. There was this one beautiful girl sitting in the corner and I honestly thought she was part of staff, until she stood up and told her story about drug addiction. She happened to live in my town. How crazy is that? That definitely hit home to many of the students in my class. This is the type of shock value we need to express to our children for them to understand the actual reality that ones actions can lead to. We can throw all of these stories onto a child or teenager, yet it cannot stop there. Parents who play a vital role in a childÃ¢â¬â¢s life, have to impose their influence on decision making to lead towards healthy choices. Within the program there will be parent and teacher seminars which will explain what the children are learning, the ways they are being taught and ways the adults can reenforce the lessons. The seminars for adults will also include the same guest speakers and opportunities to take the same field trips that the children go on. Finally these seminars will include how to detect signs of addiction, ways to sufficiently help your child and contact information for specialized therapists, rehabilitation centers and anonymous support groups. Some may see this as to be a bit heavy and too much for their children ages 10-18 to go through; however this is the harsh reality. We need to take action and take action now! Drug abuse is still a popular fad amongst teenagers even with prevention programs like DARE. Obviously, we as a community are not effectively doing our jobs. With a revised version of DARE, students, parents and teachers will be able to work together to prevent this fad from reoccurring. Having hands on activities, guest speakers, field trips and adult seminars will create a more sufficient program to lead children towards a healthy future. Now think back to the DARE song that Chapman Elementary School performed. Can we only teach our children a cute song or can we actually send a messageÃ that will stick?
Friday, January 3, 2020
Why are performance enhancement drugs use in professional sports? The use of steroids has been a major problem among sports and has caused lots of controversy. Although these professional sports organizations such as the NFL, NHL, NBA and several others have spent time and money investigating athletes for uses of performance enhancement drugs, nothing has been done to erase records or record breaking statistics. In order to cease steroid and other performance enhancement drug users from cheating there need to be more involvement of severe punishments and stripping away all records, awards, and statistics. During my composition review I learned a great deal of information that I previously was unaware of. Period, the use of steroids in professional sports has ruined the game for avid sports fans, and competing players. In the past couple of years, many athletes in different sports have been caught using performance-enhancing drugs. 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