15 resultados para Sebok, Anthony J.: Legal positivism in American jurisprudence

em Portal de Revistas Científicas Complutenses - Espanha


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This paper aims at identifying and describing the current major pragmatic issues of legal translation in the context of the EU. There some facts that provide legal translation in this context with unique features, such as the binding nature of EU law for the 28 Member States and the authenticated versions of the normative acts adopted by the EU institutions. These features have led to several authors talking about a new type of legal translation that should be approached and studied independently. We aim at identifying the reasons for this as well as describing the major translation strategies and theoretical approaches that the authors have proposed in order to help EU translators and lawyerlinguists overcome the translation problems arising from divergences of legal systems and legal traditions within the Member States.

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Don Draper (Mad Men, Matthew Weiner, AMC: 2007-2015) actively colaborates in the birth and consolidationof a model of consumer society without realizing the enormous lie he is telling himself. Tony Soprano(The Sopranos, David Chase, HBO: 1999-2007) desperately grasps the wreckage of that ideal imageof effort and self-improvement which is not only disappearing but was actually never coherent or real.This article does a comparative textual, sociological, and discursive analysis these two characters as arepresentation of the evolution of the discourse of capitalism in the second half of the 20th century, that is,the artificiality of the hegemonic discourse of “pursuit of happiness” as the main myth in post-war NorthAmerican neoliberalism.

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The aim of this paper is to analyse the state of the investigative journalism in Mexico, especially the one that is practiced at the local level in the provinces. That is, this research is based upon a case study conducted in Morelia, the capital city of the state of Michoacán. The empirical evidence will show that there is an evident divergence regarding the practice of the investigative journalism: on the one hand, journalists are aware of what this concept involves and they consider that they practice it on a regular basis; but, on the other, the content analysis prove otherwise. In other words, the account of what is actually printed significantly differs from the news workers’ perceptions, because the former shows a poorly developed journalistic investigation practice.

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In this study three chronicles from national newspapers (one generalist and two sport press) were analyzed. The chronicles belong to Spain’s soccer final of the King’s Cup in 2014. The aim of the study was to know if there was any influence on the readers’ perception of justice and consequently if this influence could cause a particular predisposition to participate in acts of protest. 462 university students participated. The results showed that different chronicles caused differences in the perception of justice depending on the chronicle read. However, a clear influence on the willingness to participate in acts of protest was not obtained. These results should make us think about the impact of sport press and its influence, and to be aware of the indirect responsibility of every sector on the antisocial behaviors generated by soccer in our country.

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The aim of this paper is to carry out an economic and financial study of the Special Employment Centres in Castile and León based on a classification of these entities’ registered legal personalities in order to view how the economic crisis that began at the end of 2007 may have affected them. Various items from the Centres’ financial statements are analysed and the results are compared to those from the period 2007-2013 as to provide a broader perspective of their size, development, growth and behaviour. The following economic figures were used: total assets, turnover and revenue. The variable “employment” is compared with the subsidies received by the Centres, showing that the crisis does affect the Centres depending on their registered legal personalities. Associations and physical persons are the most affected personalities, to the point of possible extinction. An account reversal for the Centres is also included in this article, which measures the percentage of public aid received by the Centres that is returned to society.

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The purpose of this paper is to identify problems when translating standard formulas of expression in English to Spanish legal translation. To achieve the goal, a total of 250 Spanish translations were analyzed of 10 sentences from legal texts in English. The degree of difficulty posed by the translation of these formulas is confirmed by the results obtained, which is related not so much to the intrinsic meaning of the words that compose them, but to their contextual meaning. An eclectic approach that combines discourse analysis with contrastive linguistics is proposed, and some specific didactic guidelines are indicated to facilitate the translation teaching of these standard formulas of expression. Lexical interpretation and contextual recreation allow the apprentice translator to make progress with the translation of these phrases and to improve his/her attitude when facing them to achieve a successful semantic and contextual interpretation, that is to say, getting the closest natural equivalent while respecting the genius of the language.

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El objetivo de este artículo es doble: por un lado explorar la habilidad de la Unión Europea para llevar a cabo una política audiovisual dirigida al Mercosur y promover las normas de la Convención sobre la diversidad de las expresiones culturales; por otro, analizar el impacto del modelo de política audiovisual de la UE en el desarrollo de la cooperación audiovisual con el Mercosur y centrarse en los principales vectores que configuran el paisaje audiovisual del Mercosur. El texto pretende destacar cómo y por qué la UE persigue una política audiovisual con esa región, cuáles son los propósitos y los límites de actuación. En este sentido, se preocupa por entender cómo la diplomacia audiovisual de la UE interactúa con otros actores, como las acciones gubernamentales llevadas a cabo desde la propia UE y el Mercosur, así como las prácticas del sector privado (Hollywwod y los grandes conglomerados de medios).

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Die neuen Paradigmen der Rechtswissenschaft nötigen uns beim Erwerb juristischen Wissens dazu, uns in eine kreativere und problemorientiertere Dynamik des Lehrens-Lernens einzugliedern. Die neuen Generationen der Rechtsgelehrten sollten darum bemüht sein, die verschiedenen theoretisch-methodologischen Strömungen des Rechts, z.B. des juristischen Realismus, den juristischen Strukturalismus sowie die angewandte juristische Soziologie zu studieren und zu analysieren. Andererseits sollten sie nicht dogmatisch und ausschliesslich den juristischen Positivismus des 19. Jahrhunderts vertreten. Die juristischen Fakultäten und Schulen der Republik Mexiko zeichnen sich dadurch aus, dass sie die traditionelle juristische Lehre bewahren. Darin liegt der Grund, dass es nur wenige Juristen gibt, die sich der juristischen Forschung und der wissenschaftlichen Praxis widmen.

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The intersection of gender, welfare and immigration regimes has been one of the main focus of a rich scholarship on paid domestic work in Europe. This article brings into the discussion the nexus of employment and immigration law regimes to reflect on the role of legal regulation in structuring and reducing the vulnerability of domestic workers. I analyse this nexus by looking at the cases of Cyprus and Spain, two states falling under the cluster of Southern Mediterranean welfare regimes, that share certain characteristics in terms of immigration regimes, but have substantially different employment law regulation models. The first part sketches the debate on the employment law regulation of domestic work. The second part starts by giving an overview of the immigration regimes of Cyprus and Spain in relation to migrant domestic workers and then proceeds to analyse the two countries’ models and substance of employment law regulation in domestic work. The comparison of these two divergent approaches informs the debate on how the legal regulation of domestic work should be best structured. In Spain there have been recent dynamic legislative changes in the employment law regulation of domestic work. The final part of the article traces these changes and reflects on why such processes have not taken place in Cyprus.

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According to Tilly, two laws shaped the process of transformation undergone by Western European societies since the Peace of Westphalia until the end of the 20th century: their increasing inner homogenisation and their growing heterogeneity between them. Cultural inner homogenisation affected, fi rst, those ethnic groups living within the territories of the said states. The second phase of homogenisation impinged on those groups that immigrated after World War II. This process followed different models according to the country considered, but the 1973 oil crisis revealed their general lack of success. During the last quarter of the 20th century and onwards, these European societies have been altered by two progressive and contradictory global logics: a process of cultural homogenisation at the world level (rather than society level) and a process of cultural re-creation led by those groups with an immigrant background, who have reacted against their integration shortcomings by searching for new sources of social and personal esteem in their respective cultural and religious traditions. This paper seeks to clarify these processes from a social differentiation and political representation theory perspective. The latter becomes indispensable, as the said processes have happened in a context in which the structure of relations (i.e. communication) between civil society and the democratic political sphere have experienced a radical crisis. In this way, the complex relations that exist between civil society, culture, religion and politics in these Western European societies are depicted.

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Three questions on the study of NO Iberian Peninsula sweat lodges are posed. First, the new sauna of Monte Ornedo (Cantabria), the review of the one of Armea (Ourense), and the Cantabrian pedra formosa type are discussed. Second, the known types of sweat lodges are reconsidered underlining the differences between the Cantabrian and the Douro - Minho groups as these differences contribute to a better assessment of the saunas located out of those territories, such as those of Monte Ornedo or Ulaca. Third, a richer record demands a more specific terminology, a larger use of archaeometric analysis and the application of landscape archaeology or art history methodologies. In this way the range of interpretation of the sweat lodges is opened, as an example an essay is proposed that digs on some already known proposals and suggests that the saunas are material metaphors of wombs whose rationale derives from ideologies and ritual practices of Indo-European tradition.

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The first decades of the 19th century constituted a period of profound change for Chile, the principal results of which were to be seen in the consolidation of the process of independence from Spanish dominion in 1818. The consequences were not limited to a revolution of military and political nature; they also included a renovation of the cultural panorama -at least among the educated patriots who made an effort to distance themselves ideologically from the Monarchy-, with the implicit challenge of establishing a new order for Chile, based on legitimate and universally recognizable foundations. The inspirational framework for these efforts is usually associated with other revolutionary examples -France and the United States- that preceded the emancipation processes in Spanish America, as well as with the discourses of illustrated liberalism. As we will attempt to demonstrate in this study, a new reading of the texts written by the Creoles that lead the Chilean independence process may, nonetheless, also reveal the relevance of the classical tradition as a model for the configuration and legitimization of the first Republican projects that especially admired the ideals of Republicanism.

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This study investigates the Spanish indefinite pronoun uno (“one”). After a detailed analysis of its occurrences in authentic language, we find that its interpretation varies depending on the linguistic context. Therefore, we examine which elements of the context - we focus on the broader context, beyond the sentence – have an impact on its interpretation and develop a typology of the indefinite pronoun as to its interpretation. The pronoun may be interpreted as completely generic or specific (referring to the speaker, the listener or a third person). Its interpretation can also be located in an intermediate position between these interpretive extremes.In addition, we compare its use in various discursive genres - spontaneous conversations, academic essays and web forum - which are distinguished by the presence or absence of interactivity and of more or less subjectivity / intersubjectivity. The comparison shows that pronoun use depends on these characteristics.

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The present study focuses on the frequency of phrasal verbs with the particle up in the context of crime and police investigative work. This research emerges from the need to enlarge McCarthy and O’Dell’s (2004) scope from purely criminal behavior to police investigative actions. To do so, we relied on a corpus of 504,124 running words made up of spoken dialogues extracted from the script of the American TV series Castle shown on ABC since 2009. Based on Rudzka-Ostyn’s (2003) cognitive motivations for the particle up, we have identified five different meaning extensions for our phrasal verbs. Drawing from these findings, we have designed pedagogical activities for those L2 learners that study English at the Police Academy.

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This article argues that The Toughest Indian in the World (2000) by Native-American author Sherman Alexie combines elements of his tribal (oral) tradition with others coming from the Western (literary) short-story form. Like other Native writers — such as Momaday, Silko or Vizenor — , Alexie is seen to bring into his short fiction characteristics of his people’s oral storytelling that make it much more dialogical and participatory. Among the author’s narrative techniques reminiscent of the oral tradition, aggregative repetitions of patterned thoughts and strategically-placed indeterminacies play a major role in encouraging his readers to engage in intellectual and emotional exchanges with the stories. Assisted by the ideas of theorists such as Ong (1988), Evers and Toelken (2001), and Teuton (2008), this article shows how Alexie’s short fiction is enriched and revitalized by the incorporation of oral elements. The essay also claims that new methods of analysis and assessment may be needed for this type of bicultural artistic forms. Despite the differences between the two modes of communication, Alexie succeeds in blending features and techniques from both traditions, thus creating a new hybrid short-story form that suitably conveys the trying experiences faced by his characters.