Fundamental Canons Research Articles

Modern Didactics of Acute Pneumonia as a Side Effect of the Antibiotic Era

The widespread and uncontrolled use of antibiotics for more than eighty years, including not only medicine but also the food industry, has had a significant impact on the usual relationships between representatives of the microbiosphere that accompanies our body. For a long time, the possibility of side effects remained without due attention, giving way to attempts to maintain the original antimicrobial effect of these drugs. Currently, evidence of the consequences of antibiotic therapy has received official recognition only in the form of resistant microflora. Phenomena such as the constant change of AP pathogens and the gradual loss of antibiotics for their purpose remain unstudied. The selective nature of specialists' attention to the side effects of antibiotics is due to a decrease in their effectiveness and the desire to restore the successes of previous therapy. The latter circumstance is a consequence of the negative didactic influence of antibiotics on professional views that determine the strategy for solving the problem and require, first of all, changes following the fundamental canons of medical science and numerous facts.

The Role of Engineering Ethics in Mitigating Corruption in Infrastructure Systems Delivery

Indications that corruption mitigation in infrastructure systems delivery can be effective are found in the literature. However, there is an untapped opportunity to further enhance the efficacy of existing corruption mitigation strategies by placing them explicitly within the larger context of engineering ethics, and relevant policy statements, guidelines, codes and manuals published by international organizations. An effective matching of these formal statements on ethics to infrastructure systems delivery facilitates the identification of potential corruption hotspots and thus help establish or strengthen institutional mechanisms that address corruption. This paper reviews professional codes of ethics, and relevant literature on corruption mitigation in the context of civil engineering infrastructure development, as a platform for building a structure that connects ethical tenets and the mitigation strategies. The paper assesses corruption mitigation strategies against the background of the fundamental canons of practice in civil engineering ethical codes. As such, the paper’s assessment is grounded in the civil engineer’s ethical responsibilities (to society, the profession, and peers) and principles (such as safety, health, welfare, respect, and honesty) that are common to professional codes of ethics in engineering practice. Addressing corruption in infrastructure development continues to be imperative for national economic and social development, and such exigency is underscored by the sheer scale of investments in infrastructure development in any country and the billions of dollars lost annually through corruption and fraud.

Philosophy and Morality of the Era of Antibiotics using the Example of Acute Pneumonia

The widespread and uncontrolled use of antibiotics for more than eighty years, including not only medicine, but also the food industry, has had a significant impact on the usual relationships between representatives of the microbiosphere that accompanies our body. For a long time, the possibility of side effects remained without due attention, giving way to attempts to maintain the original antimicrobial effect of these drugs. Currently, evidence of the consequences of antibiotic therapy has received official recognition only in the form of resistant microflora. Phenomena such as the constant change of AP pathogens and the gradual loss of antibiotics for their purpose remain unstudied. The selective nature of specialists' attention to the side effects of antibiotics is due to a decrease in their effectiveness and the desire to restore the successes of previous therapy. The latter circumstance is a consequence of the negative didactic influence of antibiotics on professional views that determine the strategy for solving the problem and require, first of all, changes in accordance with the fundamental canons of medical science and numerous facts.

К вопросу о теме бедности и достатка в позднесредневековом суфизме (по сведениям агиографического произведения «Ламахат мин нафахат ал-кудс» («Отблески от дуновения святости»)

t. The theme “the Muslim mystic and material wealth” is the most discussed in late medieval Maverannahr hagiographies of Muslim saints (manakib). From the first centuries of the emergence of Sufism, this theme, due to the spread of the excessive practice of asceticism among Muslim mystics, acquires a special sounding. In the initial period of Sufism's history, the cult of asceticism and disdain for material prosperity and family well-being acquired a special dimension among Sufis. However, throughout the Middle Ages, for various reasons and circumstances, Sufism gradually loses its inner spiritual charge, and such above-mentioned “spiritual feats” also lose their former significance. Although, in the late medieval period under our study Muslim mysticism to some extent still retained its original impulses (not only in theory, but also in practice), but in general its former spiritual and intellectual potential was already lost. This new phenomenon is revealed in particular in Sufism's attitude to the question of “poverty and material wealth,” where some Sufi sheikhs possessed enormous material wealth and had ways of passing it on to their descendants and cronies. In parallel, during this period, another part of Sufis strictly observing the fundamental canons of Sufism practiced austere methods of ascetic life. The sourcebook of this study is a Muslim hagiographic work “Lamahat min nafahat al-kuds” (“Reflections from the Blow of Sanctity”). The author of the work is Muhammad Alim as-Siddiqi al-Alawi, otherwise known as Alim Sheikh Azizan. He was born in Tashkent District in 1564 and died in Samarqand in 1632. Alim Sheikh Azizan was a follower of a particular branch of the Naqshbandiyya order called Jahriya-sultaniyya, the founder of which is considered to be Ahmad Yasevi. The work was written in Samarqand in 1622 and is dedicated to the biography of sheikhs of the Jahriyya brotherhood such as Sheikh Jamal ad-Din, Sheikh Khudoydad, Sheikh Vali, and others. This work consists of two parts: the first is devoted to the essence of the Jahriyah brotherhood; the second covers the biographies of Mawerannahr sheikhs from the 12th-16th centuries. The manuscript from the collection of the National Library of Tajikistan (Inventory No. 1629) is used in this work. The list is full and consists of 231 folios. Another copy of this work (Inventory no. 571) is stored in the same library and is dated 1623. The same library keeps another copy of this work (Inventory No. 571) dated 1673. The subject of the present study is the question of the relation between faqr (poverty in the economic dimension) and material wealth in Sufi perception and in Sufi practice.

Interpreting the constitution: The use and abuse of history

Abstract The interpretation of written constitutions is a legal rather than an historical enterprise, and history is but one of the judge’s many interpretive tools. This article looks at the question of when and how historical facts are used in constitutional interpretation, rather than whether they should be used. I argue that two fundamental canons of interpretation—the need to treat constitutions as sui generis and not as ordinary legislation, and the dictum that rights provisions should be given a generous interpretation in favor of the individual—require judges to use whatever tools they have at their disposal to interpret constitutions accordingly. As a tool, history is neutral and nondialectical. It may thus be used both in favor of and against a given interpretive stance. Sometimes, a recourse to history may also yield contradictory positions. Through five case studies I try to show: (a) that there is no inevitability in outcomes even when history is used in interpretation, and that it may in fact be relied on by both sides without yielding an obvious result; (b) that history may be used to restrict rather than promote liberties; (c) that history may also be abused to introduce “unwritten customary constitutional law” contrary to the words of the constitution; (d) where history was cited but proved unuseful; and (e) where history could helpfully have been used but was not.

Advancing Predictability via a Judicialized Investment Court? A Fresh Look Through the Lens of Constructivism

Abstract It has long been debated whether a multilateral court with an appellate mechanism should be established to reinforce the doctrine of precedent and improve the predictability of international investment law. Predictability is widely considered a fundamental canon of law. This article, however, cautions that the pursuit of predictability must be examined against the broader institutional context of investment law. To this end, it canvasses the issue through the lens of International Relations constructivist theory that highlights shared understandings as an essential precondition for legitimate law-making. It further conducts case study of the evolution of international trade law, which serves not only as empirical support for the constructivist framework but also a benchmark for comparative study between the two regimes. It argues that, as currently the investment law regime lacks foundational shared understandings regarding investment protection obligations, entrusting a judicialized court to advance predictability may cause the problem of ‘over-institutionalization’.

The “evidential paradigm” in Persian Classics: princes from Sarandip and other clue interpreters

The rich history of Persian literature reception in the West includes such a major event as the translation of the Persian narrative into European languages. This has influenced the comprehension of a new epistemological paradigm in the humanities. The story under discussion is the first chapter of Amir Khusrav Dihlavi’s poem “Eight Paradises” (Hašt bihišt, 1299–1301), in which the Indian princess tells the Sassanian king Bahram Gur a tale of three princes from Sarandip (Sri Lanka, Ceylon). As the plot progresses, the princes restore the events of the past according to clues and signs and repeatedly demonstrate their firāsa or ability to guess based on the analysis of evidence. The stages of European reception of this story are well known. All this material is discussed in the methodologically famous work “Clues: Roots of an Evidential Paradigm” (1986) by Carlo Ginzburg, who connected the “evidential paradigm” with the Arabic firāsa, a “complex notion which, in general, designated the ability to pass, on the basis of clues, directly from the known to the unknown”; Ginzburg noted that the Sarandip princes were famous exactly for that ability. In this article, the Persian prose sources of the Three princes tale are under discussion, as well as some other sagacity stories from Persian didactic books (adab). Among the detective characters Abū ʻAlī ibn Sīnā gained particular popularity; in some stories, the great philosopher and author of the fundamental canon “The Medicine” acts as a doctor who recognizes a disease by symptoms and at the same time as a detective who restores the course of events from evidence and refutes unfair accusations before a judge.

Psicoterapia e dipendenze. Dal trattamento supportivo alla cura fenomenologica

A subject which is often not given the importance it deserves concerns addiction psychotherapy. Starting from taking into account the complex and problematic characteristics of this peculiar psychopathology, there will be an effort to trace back the fundamental canon of the healing process to supportive treatment. Later on, expanding on the subject, we will take into account the possibility of a phenomenologically oriented treatment, and include it into the number of those psychotherapies which are better suited to respond to the typical aspects of these clinical conditions.

Vernacular Landscapes Building and Protection of Meme in the Dong Ethnic Minority Regions

ObjectiveDeep obedience to ancestral traditions is a fundamental canon of ethnic self‐identification. Information transmitted by archetypes (language, rituals, art, social structure, and more) guaranteed the stability of collective memory. Ethnic identity for Dong people is an indisputable value that is above other moral and social values. In this study, the author analyzes the main ethnic markers of the Dong people's culture, raising questions about preserving the authenticity of ethnic cultural heritage.MethodsThe article presents an analysis of tangible and intangible artifacts, and their relationship with modern living conditions.ResultsThe article studies the transformation of the cultural heritage of southwestern ethnic groups in modern conditions and possible ways to preserve historical forms (memes) as a prerogative ethnocultural heritage of the Dong people.ConclusionThe problems associated with the development of the tourist infrastructure of the region are analyzed. The article presents how ethnic tourism commercializes traditions, weakening the true sacredness.

Religious heritage in international law: Nationalism, culture, and rights

This Article explores the work that religious heritage performs in our thinking about the uses of heritage in the construction of politics, society, and culture. Seen as heritage, religion is an important part of nation-building, divorced from fundamental canons, and seen as a social practice, which for the most part is a positive development in line with the international human right to freedom of religion. The Article explores religious heritage in international law through the Russian experience both in the 1972 World Heritage Convention and the 2003 Intangible Cultural Heritage Convention. The author argues that, for the most part, heritage values prevail over religious ones, at least inasmuch as heritage is a proxy for secularism and cosmopolitanism. At the same time, however, the human right to freedom of religion can aid religious communities to tap into the possibilities for heritage safeguarding to protect their faith. Thus, while giving religion a priveleged position may be seen as incompatible with the worldview of peace and dialogue among nations, which international law tends to privilege, heritage law processes can also aid religion and religious communities. The coupling of heritage law with human rights can create incentives for countries like Russia to engage more seriously with the possibilities of heritage mechanisms to protect certain religious practices and curb the ascent of dangerous nationalism. Russia should therefore seriously consider ratifying the Intangible Cultural Heritage Convention, at least inasmuch as this treaty can benefit the treatment of religious heritage and its use in the country, and also help promote freedom of religion as a human right with both individual and collective dimensions.

Engineers Should Use Their Knowledge and Expertise with Diligence and Good Faith

Fundamental Canon 3 of ASCE’s Code of Ethics states, Engineers shall issue public statements only in an objective and truthful manner. This month’s column looks at a scenario in which a senior en...

Engineering Ethics:Decision Making Using Fundamental Canons

An engineering professional's work demands that the technological solutions designed to solve practical problems of society are addressing the safety, health and welfare of the public. An engineer thus works in an environment where equally competing considerations for different stakeholders need to be accounted for before providing uncompromised solutions. In such a professionally obligatory setting, ethical dilemmas come into foreplay which will decide the course of action which the problem solver will seek to take. However, the ethical problems are ill-structured and lack a set of prescriptive and enumerable solutions. Thus, the professionals need to be trained in exploring the solution space of problems related to engineering ethics during their formative four years. An aim to achieve this will require engineering educators to include of the principles of Engineering Ethics is the curriculum. The objective of this paper is to explore the existing solution space for the curriculum design, content and assessment of ethics instruction. It also presents the approach followed in designing a module on Engineering Ethics in an introductory freshman course in our university. We have designed an assessment in which the students are required to provide a resolution to the ethical dilemma by basing their decision on fundamental canons of National Society of Professional Engineers (NSPE). From the results we conclude that students are able to identify and resolve ethical dilemmas which lie in the domain of public welfare, health and safety more than the others.

'Protection Against Self-Incrimination' as a Fundamental Right in India: A Critical Appraisal

The right against self-incrimination finds its earliest embodiment in the medieval law of the Roman church in the Latin maxim ‘Nemon tenetur seipsum accusare’ which means that ‘No man is obliged to accuse himself’. The right gradually evolved in common law through protests against the inquisitorial and manifestly unjust methods of interrogation of accused persons, back in the middles ages in England. This right is one of the fundamental canons of British System of criminal jurisprudence which the United States of America adopted from the British legal system and incorporated it in their Constitution as “no person shall be compelled in any case to be a witness against himself, and thereafter in the Indian Constitution under Article 20(3). In 1978, under the Constitution (Fourty-fourth Amendment) Act, 1978, the Article 20 of the Constitution of India was granted a non-derogable status i.e. the state has no legal basis, even in a state of emergency, to refuse to honour this right. This is a testimony to the importance it has been accorded in our Constitution. From the very first years of our Constitution, a certain ambiguity on the question of what evidence was accorded protection, and apparent conflicts between Article 20(3) and provisions of the Indian Evidence Act, 1872 have prevailed. This resulted in judgements with apparent imbalance between the right against self-incrimination in Article 20(3) and the necessity to facilitate collection of evidence by investigating trial agencies. These judgements were referred to the Apex Court, which clubbed them and referred them to an eleven-judge bench. The resultant judgement is the landmark judgment of State of Bombay v. Kathi Kalu Oghad (1961) which has made a defining contribution to the case law on the matter as it stands today. M. P. Sharma v. Satish Chandra (1954) was the last significant ruling on the interpretation of Part III of the Constitution soon after independence. Following M.P. Sharma, several cases were referred to the Apex Court. Questions addressed were essentially of interpretation of what constitutes ‘to be a witness against himself’ with respect to the circumstances defining compulsion.The researchers in this paper seek to analyse the concept of protection against self-incrimination as a fundamental right in India in various perspective. The rationale of Article 20(3) has been discussed under Part II. Part III covers the provision contained under Article 20(3) in the Constitutional perspective constituting the fundamental right. The judicial interpretation and approach has been discussed under Part IV. Part V and Part VI covers the Narco-Analysis test and DNA testing that how far they suit to the spirit embedded beneath the Article 20(3). Part VII emphasis on the self-incriminatory evidences and the social media with the ending words under Part VIII.

Integration of Construction Worker Safety and Health in Assessment of Sustainable Construction

DOI: 10.1061/(ASCE)CO.1943-7862.0000651IntroductionThere are many definitions that have been used to describesustainability and the green building concept. To understand sus-tainable practices, a working definition is needed. In academic,social, political, and ecological circles, sustainable developmentis often defined by a quote from a UN-sponsored commissionUN-sponsored commission (World Commission on Environmentand Development 1987): “those paths of social economic andpolitical progress that meet the needs of the present without com-promising the ability of future generations to meet their ownneeds.” From a design, planning, and construction perspective,the Office of the Federal Environmental Executive defines greenbuilding as “the practice of 1) increasing the efficiency with whichbuildings and their sites use energy, water, and materials, and2)reducingbuildingimpactsonhumanhealthandtheenvironment,through site selection, design, construction, operation, mainte-nance, and removal–the complete building life cycle.”To construct a building, resources such as energy and raw ma-terials are consumed. However, during their occupancy, buildingsalso generatewaste andpotentiallyharmful atmosphericemissions.Under the banner of sustainability, designers and builders aretasked with the goal of creating facilities that are energy and waterefficient,accessible,secure,healthy,andproductivewhileminimiz-ing any adverse environmental impacts. Buildings that successfullymeet those objectives are often labeled high-performance build-ings. These buildings often go through third party validation ratingsystems to verify that the design and construction meet a certainminimallevelofaccomplishmentsbeyondtraditionaldesign.Theseevaluation measures often consist of requirements or prerequisitesand elective credits or points that may be incorporated into thedesign and construction process to reach certain minimum levelsof approval and higher levels of prestige. This begs the questionof whether a building that meets current standards of sustainability,but at some point during the process of its construction a workeris seriously or fatally injured, should be considered a high perfor-mance building. At a minimum, should the safety policies of theconstruction firms and the amount of safety training that is offeredto the workers over the course of construction be given somemerit in the evaluation process? The purpose of this paper is topronounce that the safety policies of the builder and the actualsafety performance during the construction of a green buildingshould be considered in the same manner as commissioning orinstallation guidelines.Sustainability is essentially a holistic approach that takes intoconsideration the impact of the built environment on the naturalenvironment. This approach calls for balancing the needs of thepresent versus the needs of the future. The overarching concernof sustainable development is the balancing of the resulting impactof current development projects with the protection of environmen-tal and social resources for future generations. The question inthis context is where the individual safety of the worker that buildsa project fits into this equation. Whereas considerations for aspectssuch as living wage and cultural rights have been discussed on aglobal political level, the consideration of worker well-being andlife has been largely excluded from current discourses within thesustainable built environment movement. This is a major short-coming that should be addressed, given that there should be noconflict between the goals of preserving all valued resources.Protecting the environment and human resources should not beviewed as being mutually exclusive objectives. “Workplace safetycannot be separated from the need to protect the environment”(Mogensen 2006). The challenge is how to implement sustainablepolicy and practices in a manner that generates win-win payoffs forco-optimizing growth, energy efficiency, environmental and con-sumer protection, and worker safety.Sustainability can be viewed as being a moral issue or even anethical obligation. The precautionary principle that is advancedfrom the environmental movement clearly obligates producers,such as builders and building material manufacturers, to maintainethicallyresponsiblepracticesbydemonstratingthattheirproducts,and the processes (e.g., the actual design and construction processof a given building) that are utilized to generate their products,do not pose a threat to human health and the environment beforeintroducing them into the workplace and broader community(Mogensen 2006). For example, the American Society of CivilEngineers has adopted in its Fundamental Canons of its code ofethics that “Engineers shall hold paramount the safety, healthand welfare of the public and shall strive to comply with the prin-ciples of sustainable development in the performance of their pro-fessional duties” (ASCE 2006). The International Confederation ofFree Trade Unions, which represents 148 million workers throughits 233 affiliated national trade unions in 152 countries, is activelyinvolved in integrating sustainable development concepts withthe protection of workers ’safety and health and workers overallwell-being (Mogensen 2006).Inclusion of Construction Safety and Health inSustainability DefinitionsThe realm of sustainability seems to concentrate on limitingimpacts to the environment, reducing energy, and incorporatingless harmful materials. This general theme is echoed in several

Marx's radical humanism

The different varieties of orthodox Marxism project a radical philosophical split between the work of the early and the late Marx. However, the argument of this paper rejects the view that there is a sharp radical split between the early and late Marx with respect to his basic philosophical positions; and it argues that the projection of such a philosophical split amounts to a radical distortion of Marx's thought. The main methodological instrument for carrying out this argument is Marx's mature dialectical method of explanation which he employed throughout his monumental work, Capital – that is, the method of dialectical explanation that moves from the abstract to the concrete. This method of explanation involves the interplay of two fundamental canons of interpretation that distinguish this explanatory movement – the interrelated notions of the concrete universal and the internal relation. The argument proceeds to sketch an explanatory theoretical web which allows one to discern how the perspectives of the early and late Marx can be synthesized in a coherent way; and how Marx's philosophical/scientific paradigm not only provides conceptual room for, but also calls for a full-fledged radical humanism.

Le Norme Generali, Commento al Codice di Diritto Canonico Libro Primo by Velasio De Paolis, Andrea D’Auria

the Congregation for Catholic Education Cardinal Grocholewski provides an interesting examination of various pertinent texts on the postpromulgation teaching of canon law as well as some informative data on various canon law schools and faculties (115-132). Cardinal Rode, the former Prefect of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, comments on the implications of the principle of subsidiarity for the relationship between the universal law and the various types of proper law of religious institutes and societies. This is done especially in light of the experience of the Congregation in reviewing proper law (135-146). Finally in the lengthiest text in the volume, Cardinal Erdö, the Archbishop of Budapest, takes as his theme: rigidity and elasticity of normative structures in the ecumenical dialogue (institutional elements in the code which are open to ecumenical dialogue) (149-178). He thoughtfully explores Catholic-Orthodox relationships in terms of pertinent theological-canonical issues that need to be resolved before genuine rapprochement between the churches can be realized. The work concludes with a brief index of persons (179–182) and an index of canons in the two codes (generally the Latin code) cited in the papers (183–187). An index of topics discussed in the volume would have enhanced its usefulness. However, on balance the work is worthy of consideration given its breadth of concerns if one also remembers its somewhat modest expectations. Thomas J. Green School of Canon Law The Catholic University of America Washington, D.C. LE NORME GENERALI, COMMENTO AL CODICE DI DIRITTO CANONICO LIBRO PRIMO byVelasio De Paolis andAndrea D’Auria . Rome: Urbaniana University Press, 2008. Having taught General Norms for several years to students new to the study of canon law, I appreciate the ambivalent nature of such a course. On the one hand, Book I of the Code of Canon Law contains the fundamental building blocks of the canonical system and, as such, is essential to the study of the law. On the other hand, many of the principles, concepts , legal tools, and canonical descriptions found therein can be fully appreciated only after substantial portions of the code and the Church’s book reviews 249 250 the jurist legal system have been studied. Due to scheduling issues one summer, I taught both beginning students and students with several semesters of study already completed; the former complained that they should not be studying General Norms until they had more experience of the code; the latter complained that they had not studied General Norms early enough to appreciate fully and utilize its principles and concepts. Both of these perspectives illustrate that the study of General Norms is essential to a proper implementation of the code in the Church’s life. This text, by two notable canonical scholars, significantly contributes to the study of Book I of the code in its presentation, organization, sources, bibliography, and analysis of these fundamental canons. The text is divided into sixteen chapters; the first two chapters present important fundamental material. Chapter one focuses on the Catholic Church and its juridic structure; chapter two offers an introduction to the Code of Canon Law. Such organization clearly demonstrates that the text is an indepth commentary on the canons, providing not only an analysis of a particular canon, but the context—theological, ecclesiological, canonical— necessary to the interpretation and application of these canons in the life of the Church. The subsequent fourteen chapters address the canons of Book I: chapter 3, the preliminary canons (cc. 1–6); chapter 4, the fontes of the law (introduction to cc. 7–95); chapter 5, ecclesiastical law (cc. 7–22); chapter 6, custom (cc. 23–28); chapter 7, general decrees and instructions (cc. 29–34); chapter 8, singular or individual administrative acts (divided into five subsections and covering cc. 35–93); chapter 9, statutes and rules of order (cc. 94–95); chapter 10, physical and juridic persons (cc. 96–123); chapter 11, juridic acts (cc. 124–128); chapter 12, power of governance (cc. 129–144); chapter 13, ecclesiastical offices (cc. 145–183); chapter 14, loss of ecclesiastical office (cc. 184–196); chapter 15, prescription (cc. 197–199); chapter 16, computation of time (cc. 200–203). The text...

Judicial Economy and Limitation of the Scope of the Decision in International Adjudication

AbstractThis article argues that the principle of judicial economy belongs to the fundamental canons of international procedure – that is, those canons which are inherent in the judicial function and whose application should generally be ensured by the judge concerned, regardless of what the written procedural law establishes. This is particularly evident if one considers how often international courts and tribunals, precisely for reasons of judicial economy and departing from the duty to decide all points put forward by the parties (non ultra petita), enter into those issues alone which are necessary for the purpose of resolving the dispute and/or establishing the true state of the world (the so-called criterion of judicial limitation of the scope of the decision or absorption). Even though no provision requires it, each judge is in fact expected to operate in conformity with this criterion and to use it in a proper way; its misapplication may lead to reforming the decision or precluding its enforcement. The frequent use of the criterion at issue, on the other hand, supports this article's final contention, according to which judicial economy is an expression of judicial activism.

Joseph B. Strauss, Charles A. Ellis, and the Golden Gate Bridge: Justice at Last

The Golden Gate Bridge is one of the best-known engineering structures in the world and was the longest suspension bridge in the world for many years. Its design has generally been attributed to Joseph Strauss, but recent evidence proves that Charles Ellis was the prime designer of the bridge between 1929 and 1931. Strauss fired Ellis in late 1931 and systematically removed any mention of Ellis’ name in his final report on the bridge issued in 1938. It remained for John van der Zee in his book The Gate to set the record straight. This paper makes the case that Strauss violated one of the fundamental ethical canons—that of giving credit where credit is due.

Albania and Apulia Contribution to European Identity

The contribution focuses on the identity issue with reference to the European integration process. To this aim, the case of the Southern Adriatic area – covering the Italian South-East and South western Balkans (namely Apulia and Albania) – will be highlighted. This region shows many reasons of interest for the whole process of European integration, as it represents a kind of hinge between Western civilization and the East, Europe and the Mediterranean, North and South of the World. Our thesis is that, despite the different traditions, cultural heritage, histories, political dominion etc., the societies facing on the two sides of the lower Adriatic sea share common core attitudes. They were forged on the basis of a similar existential framework: the secular (or century-old?) condition of marginalisation in relation to the hubs of political power. So, the lower Adriatic inhabitants have acquired a particular skill to win the grace of the ruler in office, whoever he was, building, at the same time, a hidden orb in which to preserve their authenticity, their original cultural references. This framework has produced, in the long run, an anti-identitarian people’s constitution, i.e. an “anthropology of the absence,” consisting of two complementary dimensions: mimicry and the vernacular order. This ensures both the merger of dissimilarities and the preservation of an impregnable singularity. The anthropology of the absence still emerges strongly in relation to the new political focus with which this region relates nowadays: the European Union. The implemented policies aimed at cohesion and integration of the peripheral regions are here systematically diverted to reproduce life forms consolidated over the centuries, which escape the fundamental canons of the Western-European model of society. But, far from being included as a disease, the attitude developed in the lower Adriatic could represent a useful suggestion for Europe itself, always faced with the problem of its unresolved identity.

The Right to Bail Under Indian Criminal Procedural Law

The release on bail is crucial to the accused as the consequences of pre-trial detention are extremely harsh and unforgiving. If right of bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt yet he would be subjected to the psychological and physical deprivation of jail life. Bail pending trial is a compulsory measure adopted by the Criminal Procedure Code (hereinafter referred as code), 1973. It is one of the cherished rights, claims or privileges of the accused person. The laws of bail has to dovetail two conflicting demands, namely on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of accused person; and on other hand, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty. The, Bail provisions blends the two conflicting claims- of individual freedom and interests of justice. Bail has not been defined under the Criminal Procedure Code, 1973. The Code has classified all offences into two categories of bailable and non-bailable offence. The paper seeks to discuss the various provisions for bail under Indian Criminal Procedural Law.