Common law and civil law as pro-market adaptations

We argue that in the development of the Western legal system, cognitive departures are themain determinant of the optimal degree of judicial rule-making. Judicial discretion, seen here as the main distinguishing feature between both legal systems, is introduced in civil law jurisdictions to protect, rather than to limit, freedom of contract against potential judicial backlash. Such protection was unnecessary in common law countries, where free-market relations enjoyed safer judicial ground mainly due to their relatively gradual evolution, their reliance on practitioners as judges, and the earlier development of institutional checks and balances that supported private property rights. In our framework, differences in costs and benefits associated with self-interest and lack of information require a cognitive failure to be active.

Short communication.Wood identification based on their common name and their transversal surface anatomy. Application to the batch from the expedition of Ruiz and Pavon

Aim of study: To identify species of wood samples based on common names and anatomical analyses of their transversal surfaces (without microscopic preparations). Area of study: Spain and South America Material and methods: The test was carried out on a batch of 15 lumber samples deposited in the Royal Botanical Garden in Madrid, from the expedition by Ruiz and Pavon (1777-1811). The first stage of the methodology is to search and to make a critical analysis of the databases which list common nomenclature along with scientific nomenclature. A geographic filter was then applied to the information resulting from the samples with a more restricted distribution. Finally an anatomical verification was carried out with a pocket microscope with a magnification of x40, equipped with a 50 micrometers resolution scale. Main results: The identification of the wood based exclusively on the common name is not useful due to the high number of alternative possibilities (14 for “naranjo”, 10 for “ébano”, etc.). The common name of one of the samples (“huachapelí mulato”) enabled the geographic origin of the samples to be accurately located to the shipyard area in Guayaquil (Ecuador). Given that Ruiz y Pavon did not travel to Ecuador, the specimens must have been obtained by Tafalla. It was possible to determine correctly 67% of the lumber samples from the batch. In 17% of the cases the methodology did not provide a reliable identification. Research highlights: It was possible to determine correctly 67% of the lumber samples from the batch and their geographic provenance. The identification of the wood based exclusively on the common name is not useful.

Population-based multicase-control study in common tumors in Spain (MCC-Spain): rationale and study design

INTRODUCTION: We present the protocol of a large population-based case-control study of 5 common tumors in Spain (MCC-Spain) that evaluates environmental exposures and genetic factors. METHODS: Between 2008-2013, 10,183 persons aged 20-85 years were enrolled in 23 hospitals and primary care centres in 12 Spanish provinces including 1,115 cases of a new diagnosis of prostate cancer, 1,750 of breast cancer, 2,171 of colorectal cancer, 492 of gastro-oesophageal cancer, 554 cases of chronic lymphocytic leukaemia (CLL) and 4,101 population-based controls matched by frequency to cases by age, sex and region of residence. Participation rates ranged from 57% (stomach cancer) to 87% (CLL cases) and from 30% to 77% in controls. Participants completed a face-to-face computerized interview on sociodemographic factors, environmental exposures, occupation, medication, lifestyle, and personal and family medical history. In addition, participants completed a self-administered food-frequency questionnaire and telephone interviews. Blood samples were collected from 76% of participants while saliva samples were collected in CLL cases and participants refusing blood extractions. Clinical information was recorded for cases and paraffin blocks and/or fresh tumor samples are available in most collaborating hospitals. Genotyping was done through an exome array enriched with genetic markers in specific pathways. Multiple analyses are planned to assess the association of environmental, personal and genetic risk factors for each tumor and to identify pleiotropic effects. DISCUSSION: This study, conducted within the Spanish Consortium for Biomedical Research in Epidemiology & Public Health (CIBERESP), is a unique initiative to evaluate etiological factors for common cancers and will promote cancer research and prevention in Spain.

Polarization in the chilean party system: changes and continuities, 1990-1999

The focus of this thesis is the evolution of programmatic polarization in the post-authoritarian Chilean party system at the elite level. It shows the distance/proximity between parties located along the left-right ideological continuum on three sets of issues. The paper demonstrates that important changes have taken place in the meaning of the right and, especially, left poles. This implies convergence on socio-economic issues between parties, but persistence of differences on religious-value issues, and on issues related to the authoritarian/democratic cleavage. Distance between the poles has been reduced, and as a result the center has lost its own political space. In addition, the paper shows that the pattern followed by programmatic polarization at the elite level is explained by the authoritarian experience, the institutional framework, and socio-economic transformations. Together with this factors, the degree of negotiability of the issues and the cross-cutting nature of the cleavages have also shaped polarization.

Catalan Policies and Experiences on Cooperative Repositories

The Centre de Supercomputació de Catalunya (CESCA) together with the Consorci de Biblioteques Universitàries de Catalunya (CBUC) started in 1999 a cooperative repository, named TDR, to file in digital format the full-text of the read thesis at the universities of our country to spread them worldwide in open access preserving the intellectual copyright of the authors. This became operational in 2001 and today it is a service fully consolidated not only among the Catalan universities, but also used by other Spanish universities. Since then, there are four additional cooperative repositories which have been created: RECERCAT, for research papers; RACO, for scientific, cultural and erudite Catalan magazines; PADICAT, for archiving Catalan web sites; and MDC, for Catalan digital collections of pictures, maps, posters, old magazines... These five repositories have some common characteristics: they are open access, that is, they are accessible on the internet for free; they mostly comply with the Open Archive Initiative interoperability protocol for facilitating the efficient dissemination of content; and they have been built in a cooperative manner so that it is easy to adopt common procedures and to share the repository developing and managing costs, it permits more visibility of the indexed documents throughout the search engines, and a better provision for long-term preservation can be made. In this paper we present the common policy established for the Catalan cooperative repositories, we describe the five of them briefly, and we comment on the results obtained of our 6-year experience since the first one became operational.

Learning the ropes and embracing the rules: CFSP institutions as arenas for learning and strategic socialisation

The aim of this article is to analyse those situations in which learning and socialisation take place within the context of the Common Foreign and Security Policy (CFSP), in particular, at the level of experts in the Council Working Groups. Learning can explain the institutional development of CFSP and changes in the foreign policies of the Member States. Some scope conditions for learning and channels of institutionalisation are identified. Socialisation, resulting from learning within a group, is perceived as a strategic action by reflective actors. National diplomats, once they arrive in Brussels, learn the new code of conduct of their Working Groups. They are embedded in two environments and faced with two logics: the European one in the Council and the national one in the Ministries of Foreign Affairs (MFA). The empirical evidence supports the argument that neither rational nor sociological approaches alone can account for these processes.

Análisis de viabilidad para la centralización de entornos distribuidos

Cada vez es más habitual encontrar tanto el software como el hardware común de las empresas distribuido y gestionado en diferentes servidores que se encargan de servir al usuario aquello que necesita sólo cuando éste lo pide. Este sistema de distribución de la información se llama centralización. Este sistema de distribución requiere un mantenimiento constante para así poder atender todas las demandas de los usuarios. El mantenimiento se convierte, gracias a la centralización en algo relativamente sencillo puesto que sólo es en el servidor donde se tienen que realizar los cambios, actualizaciones o instalación de nuevo software. Es importante entonces comprobar que estas nuevas actualizaciones del servidor responderán correctamente cuando los usuarios las requieran remotamente. En este proyecto nos hemos encargado de analizar cómo se realizan las comprobaciones necesarias para asegurar el correcto funcionamiento de los servidores remotos considerando tanto el entorno en el que se realizan como las herramientas necesarias para llevarlo a cabo. Para completar la información nos hemos centrado en un ejemplo particular de test de carga.

Migration and information flows. A new lens for the study of contemporary international migration

Aquest document de treball mira d'establir un nou camp d'investigació a la cruïlla entre els fluxos de migració i d'informació i comunicació. Hi ha diversos factors que fan que valgui la pena adoptar aquesta perspectiva. El punt central és que la migració internacional contemporània és incrustada en la dinàmica de la societat de la informació, seguint models comuns i dinàmiques interconnectades. Per consegüent, s'està començant a identificar els fluxos d'informació com a qüestions clau en les polítiques de migració. A més, hi ha una manca de coneixement empíric en el disseny de xarxes d'informació i l'ús de les tecnologies d'informació i comunicació en contextos migratoris. Aquest document de treball també mira de ser una font d'hipòtesis per a investigacions posteriors.

How can Brazil’s leading role in South America contribute to boosting security cooperation between the EU and Mercosur?

The primary goal of this paper is to discuss how the leading position of Brazil in South America could contribute to boost security cooperation between the European Union and Mercosur. Both parties share common foreign and security policy concerns, including immigration, terrorism and drug trafficking. Through its great influence on the regional security agenda, Brazil could seek closer bilateral cooperation with Europe in tackling these global challenges, acting at the same time as a representative of regional interests.

The CFSP/ESDP, Parliamentary Accountability, and the ´Future of Europe´ Convention debate

This paper examines the importance that the current Convention on the Future of Europe is giving (or not) to the question of democratic accountability in European foreign and defence policy. As all European Union (EU) member states are parliamentary democracies1, and as there is a European Parliament (EP) which also covers CFSP (Common Foreign and Security Policy) and ESDP (European Security and Defence Policy2) matters, I will concentrate on parliamentary accountability rather than democratic accountability more widely defined. Where appropriate, I will also refer to the work of other transnational parliamentary bodies such as the North Atlantic Assembly or NAA (NATO´s Parliamentary Assembly) or the Western European Union (WEU) Parliamentary Assembly3. The article will consist of three sections. First, I will briefly put the question under study within its wider context (section 1). Then, I will examine the current level of parliamentary accountability in CFSP and defence matters (section 2). Finally, I will consider the current Convention debate and assess how much attention is being given to the question of accountability in foreign and defence policies (section 3). This study basically argues that, once again, there is very little interest in an issue that should be considered as vital for the future democratic development of a European foreign and defence policy. It is important to note however that this paper does not cover the wider debate about how to democratise and make the EU more transparent and closer to its citizens. It concentrates on its Second Pillar because its claim is that very little if any attention is being given to this question

The Distant neighbors — EU, Middle East, North Africa and the Euro-Mediterranean Partnership

The Barcelona Euro-Mediterranean Conference (1995) was intended to be a launching pad" for creating a new, innovative relationship between the EU-Fifteen and a selected set of non-member Middle Eastern and North African countries. The Barcelona Process was to become the European Union´s first attempt, of several, to create postmodern inclusive policy spheres as a way to deal with the post-enlargement problems of ´ins´ and outs´ in its immediate periphery. Nevertheless, in spite of geographical proximity, common problems and stated interest in creating amorphous EU borders in different sectors, the Euro-Mediterranean Partnership is today all but abandoned. This paper will examine some of the factors behind the current degeneration of the EU´s post-bipolar foreign policy strategy in the Mediterranean, by exploring the dialectic between the Union´s desire to expand its geopolitical, economic and cultural boundaries and the need to secure its territorial area (from migration, proliferation, social instability etc.). In the final part of the paper some suggestions for how to revive the relationship across the Mare Nostrum will be forwarded.

Attribution and reciprocity in a simulated labor market: An experimental investigation

While papers such as Akerlof and Yellen (1990) and Rabin (1993) argue that psychological considerations such as fairness and reciprocity are important in individual decision-making, there is little explicit empirical evidence of reciprocal altruism in economic environments. This paper tests whether attribution of volition in choosing a wage has a significant effect on subsequent costly effort provision. An experiment was conducted in which subjects are first randomly divided into groups of employers and employees. Wages were selected and employees asked to choose an effort level, where increased effort is costly to the employee, but highly beneficial to the employer. The wage-determination process was common knowledge and wages were chosen either by the employer or by an external process. There is evidence for both distributional concerns and reciprocal altruism. The slope of the effort/wage profile is clearly positive in all cases, but is significantly higher when wages are chosen by the employer, offering support for the hypothesis of reciprocity. There are implications for models of utility and a critique of some current models is presented.

Approximate knowledge of rationality and correlated equilibria

We extend Aumann's theorem [Aumann 1987], deriving correlated equilibria as a consequence of common priors and common knowledge of rationality, by explicitly allowing for non-rational behavior. Wereplace the assumption of common knowledge of rationality with a substantially weaker one, joint p-belief of rationality, where agents believe the other agents are rational with probability p or more. We show that behavior in this case constitutes a kind of correlated equilibrium satisfying certain p-belief constraints, and that it varies continuously in the parameters p and, for p sufficiently close to one,with high probability is supported on strategies that survive the iterated elimination of strictly dominated strategies. Finally, we extend the analysis to characterizing rational expectations of interimtypes, to games of incomplete information, as well as to the case of non-common priors.

Caution, children crossing: Heterogeneity of victim's cost of care and negligence rule

The paper deals with a bilateral accident situation in which victims haveheterogeneous costs of care. With perfect information,efficient care bythe injurer raises with the victim's cost. When the injurer cannot observeat all the victim's type, and this fact can be verified by Courts, first-bestcannot be implemented with the use of a negligence rule based on thefirst-best levels of care. Second-best leads the injurer to intermediate care,and the two types of victims to choose the best response to it. This second-bestsolution can be easily implemented by a negligence rule with second-best as duecare. We explore imperfect observation of the victim's type, characterizing theoptimal solution and examining the different legal alternatives when Courts cannotverify the injurers' statements. Counterintuitively, we show that there is nodifference at all between the use by Courts of a rule of complete trust and arule of complete distrust towards the injurers' statements. We then relate thefindings of the model to existing rules and doctrines in Common Law and Civil Lawlegal systems.

Migration and information flows. A new lens for the study of contemporary international migration

Aquest document de treball mira d'establir un nou camp d'investigació a la cruïlla entre els fluxos de migració i d'informació i comunicació. Hi ha diversos factors que fan que valgui la pena adoptar aquesta perspectiva. El punt central és que la migració internacional contemporània és incrustada en la dinàmica de la societat de la informació, seguint models comuns i dinàmiques interconnectades. Per consegüent, s'està començant a identificar els fluxos d'informació com a qüestions clau en les polítiques de migració. A més, hi ha una manca de coneixement empíric en el disseny de xarxes d'informació i l'ús de les tecnologies d'informació i comunicació en contextos migratoris. Aquest document de treball també mira de ser una font d'hipòtesis per a investigacions posteriors.