PDF superior View of THE CATALAN LEGAL TRADITION (THE VALUE OF INTERPRETATION AND THE WEIGHT OF HISTORY)

View of THE CATALAN LEGAL TRADITION (THE VALUE OF INTERPRETATION AND THE WEIGHT OF HISTORY)

View of THE CATALAN LEGAL TRADITION (THE VALUE OF INTERPRETATION AND THE WEIGHT OF HISTORY)

The Historical School was another of the ‘organisist’ positions that coincided in the regime of the Restoration. The ‘spirit of the people’ constituted a chance to overcome dispersion and leads us to individualism and, in the face of doctrinairism, managed to bestow law with a real, vital, not merely rational, theoretical and also arbitrary base. (In this regard, Pedro José PIDAL: ‘Inau- gural speech’, in Acta de la Sesión inaugural de la Academia Matritense de Jurisprudencia y Legislación, Madrid, 1843, p. 54). Within the Catholic movement it was the neothomists who best adapted to the new times. From this group we can highlight the cardinal Ceferino González Díaz-Tuñón, inspirer of the Catholic Union, and Alejandro Pidal y Mon, political implementer of the programme of the cardinal González. The characters Juan Manuel Ortí y Lara, Nicolás María Serrano, José Pou y Ordinas and Pedro López Sánchez were also important. These reaffirm the principle of the social condition that demanded, in their opinion, a principle of authority. More precise, the organism of society would be supported by its hierarchical order.
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Barcelona good news. Núm. 41 (2007)

Barcelona good news. Núm. 41 (2007)

Hospital Vall d’Hebrón in Barcelona is set to open a pioneering healthcare centre for patients with Multiple Sclerosis (ME) that will combine the work of neurorehabili- tation professionals and a clinical neuro- immunology and research team. The two areas were formerly separate, as therapy for people with brain lesions was given at day care centres while diagnosis and treatment were part of the scope of hospital services. Now, with a view to combining both types of care, an agreement has been signed to create CEMCAT, an MS comprehensive care centre, valid from 1 October. With an initial investment of € 4 million, the centre will be funded by the Generalitat’s Department of Health and the Private Multiple Sclerosis Foundation (FEM) with the participation of the Catalan Institute of Health (ICS).
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10 Lee mas

Features and essence of the legal process

Features and essence of the legal process

The paper considers the problem of understanding the legal process. The modern procedural legislation is analyzed for the existence of a legal process definition. The complexity and multifacetedness of the legal process manifestation was noted. The authors analyzed the current state of the problem on determining the essence of the legal process. The scientific works of russian and foreign scientists devoted to the study of the nature of the legal process have been studied. Traditional (narrow) and universal (wide) scientific approaches to understanding the object of research are noted. The analysis of the legal process features identified in the legal science is carried out. The paper takes into account the legal science achievements and the peculiarities of the procedural and legal activity, on the basis of which the authors updated the idea of the modern legal process. as a result of the work, the main features of the legal process are identified, and its essence is determined. The essence of the legal process is presented as a system of basic features that give it a qualitative certainty. a study of this problem was conducted to establish a unified approach to understanding the legal process that ensures the unambiguity and certainty of the concept used. It is necessary to introduce into the procedural legislation its official definition with a view to eliminating in the practical activity the confusion of the legal process with related phenomena of legal reality: a jurisdictional process, a judicial process, and legal proceedings.
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Reivindicación del martirio en el episodio de los mártires de Córdoba

Reivindicación del martirio en el episodio de los mártires de Córdoba

In the Memoriale, the office of exceptor is considered as a traitor to the Christian community and is identified with Gómez, Eulogius’ main antagonist in the Council of 852. From a Christian point of view, any collaboration with the Muslim authorities was seen with a suspicious eye, and contravened directly the decrees of the Arab Christians’ main legal code: the Liber iodicorum. Written in 654 under Visigothic rule, the Liber iudicorum prevented Christians from appealing to other courts, but encouraged them to know them: “Aliene gentis legibus exercitiam hutilitatis inbui et permittimus et optamus; ad negotiorum vero discussio- nem et resultamus et proibemus. Quamvis enim eloquiis polleant, tamen difficultatibus herent. Adeo, cum sufficiat at iustitie plenitudinem et pres- crutatio rationum et conpetentium ordo verborum, que codicis huius series agnoscitur continere, nolumus sive Romanis legibus seu alienis institu- tionibus amodo amplius convexari” (2, 1, 8).
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View of The relevance of context in organizational analysis: Tradition and modernity in a family business in Chiapas
							| Nova Scientia

View of The relevance of context in organizational analysis: Tradition and modernity in a family business in Chiapas | Nova Scientia

Context is an essential element in understanding social action. Within the study of organizations, it incorporates elements of sense -history and culture- as well as rationality -decisions- and subjectivity -emotional- that influences the way to interpret both personal experiences and future life projects. Context includes aspects of environment, understood as mediate and perceptible references for individuals, but it has not to be confused with it. Context is a powerful tool to frame the organizational action without reducing it to a simple reflection, upsetting, however, its capacity for strategic action. It implies, for its complexity, a multidisciplinary approach. In this paper we introduce at first a discussion of the concept of context, and environment. In the second section we point out some salient features of traditional society and its necessary intermingles with modernity. We consider each one of them as well as the interaction between these two fields provides a contextual framework in which to frame the analysis of the dynamics of the organization, followed by an analysis of the relevance of the context into the case study and the limitations it brings in the generalization process. Briefly pointed out, some of the tools used in the field research are described. Later, we conduct a semblance of the study region where the organization is located in order to highlight some aspects of its environment. In the fifth section we present the main results of the field study in a family business in Chiapas. Finally, we present, as a final thought, some conclusions.
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Legal system transformation in the digital age: problem statement

Legal system transformation in the digital age: problem statement

System (from Greek word “systema” - composed of parts, connected) is a set of elements that are in relationships, connections and links among themselves and form certain integrity or unity. A system is characterized not only by the availability of connections and relations between its constituent elements (a certain organization) but also by an inseparable unity with the environment, in relations with which the system manifests its integrity [4, p.329]. From our point of view, there are no methodological, theoretical and practical grounds for abandoning the system, systematicity, and systematic approach in the study of legal phenomena. Moreover, it is the systemic nature that gives institutional properties to the law as is an integral institution which is relatively separate from the social environment. A society in which law is intended to establish strong social discipline is also a system.
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View of Dogmatic-legal imbrications of the regulatory institutionalization of revictimization in Mexico
							| Nova Scientia

View of Dogmatic-legal imbrications of the regulatory institutionalization of revictimization in Mexico | Nova Scientia

Results: The normative design of the General Victims Law promoted by the Mexican State enshrines an institutional revictimization caused by ambiguity in the precise signaling of the authorities in charge of monitoring the fulfillment of integral reparation, a situation that transcends the fundamental right of human dignity established in Article 1 of the Political Constitution of the United Mexican States; Articles 5.2 and 11.1 of the American Convention on Human Rights; Article 1 of the Universal Declaration of Human Rights; and, article 10.1 of the International Covenant on Civil and Political Rights, substantial elements of International Human Rights Law. Discussion or Conclusion: In order to guarantee the effective protection of the fundamental right of human dignity, the Mexican State must specify in numeral 1 of the General Law of Victims, the legitimate authorities to verify compliance with the right to integral reparation, that is, the punctualization of the obligated subjects that must respond for the breach of the legal duty imposed by the ordinance in comment, the Political Constitution of the United Mexican States and the international treaties ad hoc as an irreducible standard of public policies with a human rights approach.
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View of Confluences of the Legal Doctrine of the Ecuadorian Constitutional Court 2008-2018: Network Analysis

View of Confluences of the Legal Doctrine of the Ecuadorian Constitutional Court 2008-2018: Network Analysis

Abstract: The purpose of this study is to demonstrate the patterns of interaction of the doctrine in the jurisprudence of the Ecuadorian Constitutional Court 2008-2018 using the methodology of social network analysis. The doctrine is the set of studies, criticism and analysis of a scientific nature carried out by jurists regarding the Law. In that order of things, the role of “what is read and cited” is vital to understand the epistemological context used in the interpretation of Law, especially scenarios in which constitutional canonical texts can be a value-centered interpretation. In this text, a review was carried out through the methodology of social network analysis, identifying central authors and accelerators of the flow of information, in order to find if there is a common “line of knowledge” used by the Ecuadorian Constitutional Court. It is concluded that a) there is a network of authors in the judgments of the Constitutional Court between the years 2008-2018; b) preponderance of certain main doctrinaires; and, c) a well-connected network of sentences that use doctrine as a tool to proceed, or to improve the quality of the obiter dicta, an element that constitutes a new space for legal analysis and monitoring of the decisions of the High Courts.
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24 Lee mas

Analytic Theology and the Richness of Classical Theism: An Interview with Eleonore Stump

Analytic Theology and the Richness of Classical Theism: An Interview with Eleonore Stump

ES: There are some philosophers who thought we had to abandon those classical divine attributes, because accepting them was religiously pernicious. So, Al Plantinga has said, in his Aquinas Lecture at Marquette University, that no God who is simple could do anything. Such a God could not create and could not love, because, as Plantinga thought, on the doctrine of simplicity God is being itself, and being itself cannot care about you, or scold you, or love you, or create you. But I think that these divine attributes look religiously pernicious to some people, such as Al Plantinga, because they are misunderstood. For sure and certain, if I thought the doctrine of simplicity meant that God is only Being, and that as Being God could not love you, I would want to throw the doctrine of God’s simplicity out, too. But that is not what the doctrine of simplicity means. Instead, in my view, the doctrine of simplicity does this. It combines the greatest power of the Greek tradition with the greatest power of the Jewish tradition to make a highly unusual philosophical worldview, which is Chris- tianity’s. That worldview works this way. The ultimate foundation of all rea- lity for the Greeks, for Plato, say, is the form of the Good, or for Parmenides, Being. So understood, the ultimate foundation of reality has something self- explanatory about it, and it can also explain other things in the world. That is where the power of Greek thought lies. But for the Jews the ultimate founda- tion of all reality is a person – a person with power, mind, will, love, and care. That person can scold you, or punish you, or love you, or talk to you, or ca- jole you, or invite you to himself.
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View of Historic And Legal Report On The Constitutional Right To Life

View of Historic And Legal Report On The Constitutional Right To Life

América, el principal redactor del Bill of Rights de Virginia, George Mason, procuró anexar tal Declaración como prefacio de la norma suprema. Alexander Hamilton había afirmado «que las declaraciones de derechos, en el sentido y con la amplitud que se pretenden, no sólo son innecesarias en la constitución proyectada, sino que resultarían hasta peligrosas. Contendrían varias excepciones a poderes no concedidos y por ello mismo proporcionarían un pretexto plausible para reclamar más facultades de las que otorgan» (El Federalista, Carta LXXXIV). Por las dificultades para aprobar la constitución, suscitadas principalmente en Nueva York y Virginia, Madison mostró que se podrían hacer reformas a la constitución una vez aprobada. En 1791 se aprobaron las diez primera enmiendas que son una Declaración de Derechos.
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Introduction. "Typescript of the Second Origin": Paradoxes of Catalan Literature

Introduction. "Typescript of the Second Origin": Paradoxes of Catalan Literature

Concerns with crucial gender issues in Typescript articulate the essays by Pedro Nilsson-Fernàndez and Isabel Santaulària, and my own. Pedro Nilsson-Fernàndez challenges traditional approaches to Typescript by denying its exceptionality in Pedrolo’s oeuvre and by connecting it with key Pedrolian themes, particularly through the transformation of the landscape and of the female protagonist, Alba, into political texts. In his view, far from being a feminist text, as it is often believed, Typescript participates of Pedrolo’s more than habitual sexism. Disputing this claim, Santaulària connects the heroic Alba with other ‘future girls’ in contemporary YA, such as Cassie and Marika in the 5th Wave trilogy by Rick Yancey, seeing her as a singular forerunner. Also supporting the feminist reading of Typescript, I address the issue of Dídac’s mixed-race genetic legacy and consider how his pliability is essential for Pedrolo’s anti-patriarchal regeneration of mankind to function. The final article, by Anna M. Moreno-Bedmar considers the reception of Typescript of the Second Origin among today’s young Catalan readers. She examines the strategies that these new readers follow to approach Pedrolo’s novel from a quite different generational perspective.
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The ciceronian tradition of ius naturae in the diffusion of the bonum : the lecture of Philip The Chancellor

The ciceronian tradition of ius naturae in the diffusion of the bonum : the lecture of Philip The Chancellor

and the indirect transmission of developments of De Republica and De legibus – amongst other texts– present in Augustine and Lactantius, can be thought of amongst the documentation through which Master Philip could have been in contact with the main theses of the Ciceronian concept of natural law and his theory of virtue. And in this sense, we maintain that Cicero is one of the main sources of medieval documentation for the reception of the thesis of stoic thought which establishes “conformity with nature” as the paradigm of moral life. From a methodological point of view, in his philosophical texts Cicero appeals to nature as a justification of the moral order through the reception and reconfiguration of the stoic teachings which identify nature and rationality 64 .
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On the property of real options and the assets that give rise to them

On the property of real options and the assets that give rise to them

As we saw previously, we can fully exercise property rights on assets as long as exclusiveness of use is guaranteed. One way to guarantee exclusiveness of use is by acquiring legal property rights through the legal system. There will be assets over which legal, formal or direct ownership can be established, and there will be others (like some intangibles or human capital) over which it would not be possible to establish it. We see it may not be possible to establish legal property rights on the public image of a person, or the comments she makes to the press, though it may attract media attention and hence becomes valuable 16 . However, from an economic point of view there will be situations where these assets are complements to others and they derive much of their value from this relation (a football player as part of a club, a lawyer as part of a well recognized buffet); it may be the case these complementary assets are of such a kind that is possible to establish legal ownership over them, like the stadium where the competition takes place, the brand of a firm, etc., prompting hence exclusiveness of access and use can be guaranteed.
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18 Lee mas

View of Paradigms For Legal Drafting As A Means Of Achieving Legal Certainty: A Safe Bet?

View of Paradigms For Legal Drafting As A Means Of Achieving Legal Certainty: A Safe Bet?

Abstract: Different works concerned with the drafting of legislation consider that its language should be simple, clear and precise if it is to offer legal certainty. However legal certainty is understood, at first sight this position seems to be supported by numerous arguments, as when legal certainty is analyzed as a quality of law (in relation to accurate guidance, legal firmness and legal efficacy), as formal justice (with all that implies for liberty and equality) and as material justice (in relation, for example, to the protection of fundamental rights). However, on closer examination there also appear to be reasons for thinking that the stated paradigms for drafting do not always make for legal certainty and that in certain circumstances complex, vague or imprecise language may have its uses. That being so, the simplicity-clarity-precision guideline needs reformulating. To pursue this objective, a number of suggestive tools that may be applied to those circumstances are available in legislation theory. This paper advocates the implementation of a system of rationality which is capable of covering the diagnosed circumstances, a system organized into different levels of rationality where there would be room for both questions of language and of legal certainty.
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Body and desire of writing —diaries—

Body and desire of writing —diaries—

In the meantime, we think of Marina Garcés, to whom we turn to in those same classes, and of philosophy conceived as writing, as creating some written fictions that we call concepts and that allow us to live, survive, exist, (re-)exist. In her understanding of ideas as positions taken in the world (Garcés, 2016: 33), in that being in the world through language; in the language, of which J. Butler (Butler, 1993) also talks about in a certain way, how not to understand her claim of bodies that matter in/from the language. And accompanied by them, we cannot help but ask ourselves what remains of this experience, of this body that lives through ideas that allow it to inhabit the world in very concrete ways, in a philosophical writing which, because of that very tradition, seems to have wanted to expel the body. But is any writing ever possible without the body that materializes and sustains it? Or it is rather one of the many modern fictions with which we live and in which we believe, even though it is impossible.
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A review of component interaction approaches from the testing perspective

A review of component interaction approaches from the testing perspective

Summarizing existing models focus considerably on structural properties as opposed to behavioural. Liu and Dasiewicz proposed a model that deals with behaviour but describing all interactions leads to state explo- sion, and specific models of interactions must be built for each applica- tion. Concerning behaviour it is worth while mentioning the efforts re- ported in [12] and [13]. These efforts address the observation of a number of issues that could be relevant from a testing point of view, and that would provide a view on the component interaction, and pure monitor- ing/visualization of component interactions. Both approaches may help to improve component interaction models.
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Organisational learning, strategic rigidity and technology adoption: Implications for electric utilities and renewable energy firms

Organisational learning, strategic rigidity and technology adoption: Implications for electric utilities and renewable energy firms

Henderson R, Cockburn I. Measuring competence? Exploring firm effects in pharmaceutical research Strategic Management Journal 1994;15:63-84. Schumpeter JA. Business cycles. New York, USA: McGraw-Hill; 1939. Kotha R, Zheng Y, George G. Entry into new niches: the effects of firm age and the expansion of technological capabilities on innovative output and impact. Strategic Management Journal 2011;32:1011-24.

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Thermal evolution of lower limbs  during a rehabilitation process after anterior cruciate ligament surgery

Thermal evolution of lower limbs during a rehabilitation process after anterior cruciate ligament surgery

Data collection began in November and finished in May 2011 in accord with each subject´s rehabili- tation schedule. The total number of recruited subjects was 34, but nine subjects were excluded from the study due to a lack of continuity or other associated serious injuries that could bias the study. Therefore, the final sample consisted of 25 subjects (age: 32.68±8.6 years, 23 men and 2 women) of which 92% were injured practicing sports, e.g. foot- ball, skiing and racket sports in most cases. The remaining 8% were injured in traffic accidents. An average of 34.16±12.02 days passed from the date of the operation untill the beginning of rehabilitation. Instruments
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9 Lee mas

The hidden dimension of the language of corporations in America and Spain: perspectives for inter-legal communications

The hidden dimension of the language of corporations in America and Spain: perspectives for inter-legal communications

The translation of Company Law from American Legal English into Spanish consists of an exercise in inter-legal communication, as the translator must be aware of the culturally differen[r]

14 Lee mas

Value-Based Rationality And Normative Rationality Of Management In Russia

Value-Based Rationality And Normative Rationality Of Management In Russia

In sociological theories, the concept of “value” usually does not find a place, since it denotes a supersensible, non-empirical reality. Sociological tradition is based on a system of concepts "norm", "sanctions", "social order." The concept of the norm is connected with the concept of Due - due order and performs the function of marking the boundaries in which phenomena and systems retain their quality and functions. In the social sphere, norms are specified through standards, rules and regulations, as well as reference standards. It is important that not all standard regulators of social interactions can be attributed to morality. A norm is something that is subject to rational verification, something that can be discussed, even if they are imposed from the outside. A norm can be violated in the end, without the risk of being accused of immorality or moral and cultural degradation. In essence, norms are the mediators of democratic interactions that play the role of subject, means and the result of horizontal communications. Following the norm is the result of legitimation, the implementation of certain agreements that can act both relevant and personal, as well as systemic, and transpersonal. This is also confirmed by the reconstruction of the historical conditions for the development of such concepts as “norm” and “social order”. The main constructive concepts of these concepts were proposed during the Enlightenment in the theory of social contract. They build the model of emerging democracy, the relations between the state and civil society, horizontal relations, aimed at breaking down the feudal absolutist-clerical forms of government in European countries.
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