19 resultados para derivative concept of legal interpretation
em Portal de Revistas Científicas Complutenses - Espanha
Resumo:
The paper presents a dynamic study of the Spanish labour market which tries to determine if it matches the characteristics of transitional labour markets from a fl exicurity approach. Employment trajectories of Spanish workers during the years 2007-2010 are studied using the Continuous Sample of Working Lives. This period covers the end of the expansion of the Spanish economy and the beginning of the current employment crisis. From the combination of the chosen topic, the approach, and the database used, this is a novel perspective in our country. The article shows evidence of the evolution of the employment and unemployment spells, the Spanish labour market turnover degree, and the diffi culties of some groups for carrying out transition between employment and unemployment. The results obtained show a labour market in which a) transitions have come to a halt, and b) there is high job insecurity.
Resumo:
This article analyzes the meaning of “gender” as a category of analysis in public policy. The concept has been transferred from the feminist theories and this has meant that the United Nations and European Union have incorporated the inequality as a structural inequality and an issue justice. So, the feminist demands enter the political agenda as an integral project which is characterized by the adoption of the gender perspective and its application from a transversal methodology (“gender mainstreaming”). In this sense, the "gender ideology" is a new paradigm against the “patriarchal ideology”. Now, political actions should be articulated in a double movement of correction and promotion to achieve real equality in societies more democratic and ultimately more just.
Resumo:
In this paper I discuss one of the most significant strategies in Spinoza’s theoretical approach against those that entrave its understanding in a very powerful way. As well as Descartes, Spinoza uses the inmediate or unreflexive experience for developing his conception of free will or the distinction between body and soul, but he does so in order to prove that the experience is useful to demonstrate some purely anti-Cartesian thesis that express the core principles of Spinozism.
Resumo:
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.
Resumo:
The famous althusserian concept “The ideological State apparatus” has the inconvenient of hiding what truly should have to be discussed: The Kind of State of which it is talking about. Mostly, avoids realizing the fact that the architecture of the modern State was thought of, precisely, as antidote against ideological control. The success and failures of this political project become then, very difficult to diagnose.
Resumo:
The paper addresses the question of the stability of a democratic state and shows the shortcomings of the political and institutional structure for this purpose. It argues for the need of an additional factor of reasonableness as defined by John Rawls. We reflect on its articulation with rationality, its role regarding laws and the areas where its presence is crucial to the health and maintenance of a democratic political society. The analysis concludes by justifying the instrumental need of such faculty in the political arena as well as vindicating it as a mandatory civic duty.
Resumo:
At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work). In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law). As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of countries with a particularly high incidence of immigrant women (Italy and Spain).
Resumo:
Radio advertising is suffering from a remarkable crisis of creativity as it has yet not found its role in a radio model based on voice locution and information genres. This article suggests the need for implementing a peripheral or heuristic strategy to attract and hold listeners’ attention. Within this framework, the narration and scene representation are proposed as suitable persuasion techniques. The objective is to design a useful conceptual tool for an efficient creative conception of narration at the service of certain commercial strategy. First, the concept of narrative persuasion is grounded according to the possibilities of the sound code. Second, the keys of scene representation and commercial strategy (brand, product, advantage, benefit and target) within the sound message are presented. And third, these keys are articulated in a model. This model is pre-tested by means of analyzing eight different case-radio ads.
Resumo:
The “crisis of the social issue” in the EU has led to a certain consensus in the need to renew the organizational and institutional model of public administration. The core of the reform implies important administrative changes in most of the European welfare states. Those changes are inspired on theories such as the new public management, management by objectives or partnership. Such changes involve both semantic (“sharing responsibilities”, “effective costs”, or the substitution of “citizen under an administration” by “consumer”) and political (predominance of scattered forms of power and the individualization of responsibilities) transformations which operate in the framework of individuals and State relations. The paradigms of activation and flexicurity have been central in this public administration modernization project. This commitment with new forms of governance of social issues has important consequences for the political and moral foundations of social cohesion, and the Spanish case is not an exception. This paper aims at looking at those representations of “modernization” (as they appear in debates about the employment services restructuring policies) in detail as well as providing references to the trajectory of such reforms of public services since the early eighties to the beginning of the crisis.
Resumo:
Several authors have applied the concept of Welfare Regimens for studying social policy in Latin America (Esping-Andersen, 1993 and 2000). Among others, Martínez Franzoni (2007) develops a typology, with fi eld work is at the turn of the millennium, and establishes three categories: State-productivist regime, state-protectionist and family orientated. Most countries in the region are placed in the latter category. The hypothesis of this article argues that with the emergence of governments considered “left” or “progressive” in several countries of the region from the late ‘90s and, more decisively, in 2000’, the map of welfare regimes models could have mutated substantively. The nationally transformative experiences are different (various socio-economic realities and political action in which they are located exists) but they have several contact points that can be summarized in a greater state intervention in different areas previously closed to their operating and recovery of important functions of welfare and care of the population by the government. The paper discusses with an exploratory and descriptive approach the welfare schemes that would shape in three countries that have constitutionalized the change from the neoliberal paradigm: Venezuela, Bolivia and Ecuador.
Resumo:
The aim of this paper is to recognize the images that prospective elementary school teachers have about citizenship and citizenship education in school. The qualitative methodology with an ethnographic approach is used for that deep interview of ethnographic kind and analysis of institutional documents, for example, curricula, course syllabus and graduated profi le. The revision of documents helps to a better understanding of discourses. The analysis of the corpus obtained after the application of the paradigm of codifi cation proposed in the established theory. As the principal fi ndings we way point out that the concept of citizens that is common among prospective elementary school teachers is reduced to the school environment because they consider that the promotion of citizenship helps to the incorporation of children to society, thus reproducing a propaedeutic view of education.
Resumo:
In this paper we present the process and results of an investigation in which, after reflecting on the concept of Practicum and, specifically, in the Practicum in Educational Psychology degree taught at the University of A Coruña, an assessment is made taking into account the opinion of the students who have studied this matter, as to the relevance that the planned objectives are given and subsequent achievement of these. The results differ considering the area that the teacher who has tutored belongs to. Methodologicaly, it is a descriptive research, survey type, which involved a significant sample of students in their final year of the degree in the year 2012/13 through a questionnaire which validity (Teaching and content) and reliability (internal consistency) have been properly set (judgment of experts and a pilot experience for the calculation of Cronbach's alpha). The results show that the Practicum program has a good development of most of the objectives, especially those related to skills, where the average of the highest rated goals exceed the rating of 4. This suggests clear lines for innovation and improvement in the areas of conceptual and attitudinal level.
Resumo:
The aim of this study is the dissertation and analysis of the influence (sociological, psychological and cultural) exerted on adolescents by the concept of Apocalypse. Become a key thought of visual culture, the called doomsday theory achieves one of its highest expressions in video games, possibly the favorite entertainment for young people in their leisure time. The results obtained in this research represent a first approach to the subject through the selected samples, two secondary schools from the city of Seville with disparate locations and divergent socioeconomic backgrounds. To reinforce the comparative study, we have included issues related to parental control, principal gaming platforms used by respondents or the number of hours dedicated to this type of entertainment. The conclusions demonstrate an irremediable attraction from our youth towards apocalyptic universes, plotter consciously with leisure and entertainment as escape from their routine of everyday life.
Resumo:
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.
Resumo:
Care has come to dominate much feminist research on globalized migrations and the transfer of labor from the South to the North, while the older concept of reproduction had been pushed into the background but is now becoming the subject of debates on the commodification of care in the household and changes in welfare state policies. This article argues that we could achieve a better understanding of the different modalities and trajectories of care in the reproduction of individuals, families, and communities, both of migrant and nonmigrant populations by articulating the diverse circuits of migration, in particular that of labor and the family. In doing this, I go back to the earlier North American writing on racialized minorities and migrants and stratified social reproduction. I also explore insights from current Asian studies of gendered circuits of migration connecting labor and marriage migrations as well as the notion of global householding that highlights the gender politics of social reproduction operating within and beyond households in institutional and welfare architectures. In contrast to Asia, there has relatively been little exploration in European studies of the articulation of labor and family migrations through the lens of social reproduction. However, connecting the different types of migration enables us to achieve a more complex understanding of care trajectories and their contribution to social reproduction.