6 resultados para Critical Legal Theories

em Repositório digital da Fundação Getúlio Vargas - FGV


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This study has the objective to evaluate until which extent the adoption of the strategic planning by the Presbyterian Church of Manaus (IPM) expresses its effective fitting within the strategic management paradigm, whose ethos is the predominance of the instrumental-strategic rationality and the market-orientated logic in the managerial actions. It is assumed as a research initial hypothesis that the adoption of this technique by IPM represented an instrumental-strategic managerial action and a deliberated incorporation of market-orientated managerial parameters, strengthening some of the organizational studies¿ ultimate conclusions about the colonization of the third sector¿s organizations by the capitalist system logic. The research method foresees: (a) a bibliographical review about the themes ¿critical social theories¿, ¿strategic management¿, ¿third sector¿ and ¿religious organizations sociology¿; and (b) a case study at IPM, religious organization established at the state of Amazonas, branch of the Presbyterian Church of Brazil (IPB) and socially active according to religious aims and related (social care, cultural, etc.).

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Starting from the perspective of heterodox Keynesian-Minskyian-Kindlebergian financial economics, this paper begins by highlighting a number of mechanisms that contributed to the current financial crisis. These include excess liquidity, income polarisation, conflicts between financial and productive capital, lack of intelligent regulation, asymmetric information, principal-agent dilemmas and bounded rationalities. However, the paper then proceeds to argue that perhaps more than ever the ‘macroeconomics’ that led to this crisis only makes analytical sense if examined within the framework of the political settlements and distributional outcomes in which it had operated. Taking the perspective of critical social theories the paper concludes that, ultimately, the current financial crisis is the outcome of something much more systemic, namely an attempt to use neo-liberalism (or, in US terms, neo-conservatism) as a new technology of power to help transform capitalism into a rentiers’ delight. And in particular, into a system without much ‘compulsion’ on big business; i.e., one that imposes only minimal pressures on big agents to engage in competitive struggles in the real economy (while inflicting exactly the opposite fate on workers and small firms). A key component in the effectiveness of this new technology of power was its ability to transform the state into a major facilitator of the ever-increasing rent-seeking practices of oligopolistic capital. The architects of this experiment include some capitalist groups (in particular rentiers from the financial sector as well as capitalists from the ‘mature’ and most polluting industries of the preceding techno-economic paradigm), some political groups, as well as intellectual networks with their allies – including most economists and the ‘new’ left. Although rentiers did succeed in their attempt to get rid of practically all fetters on their greed, in the end the crisis materialised when ‘markets’ took their inevitable revenge on the rentiers by calling their (blatant) bluff.

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Almost a full century separates Lewis’ Alice in Wonderland (1865) and the second, lengthier and more elaborate edition of Hans Kelsen’s Pure Theory of Law (1960; first edition published in 1934). And yet, it is possible to argue that the former anticipates and critically addresses many of the philosophical assumptions that underlie and are elemental to the argument of the latter. Both texts, with the illuminating differences that arise from their disparate genre, have as one of their key themes norms and their functioning. Wonderland, as Alice soon finds out, is a world beset by rules of all kinds: from the etiquette rituals of the mad tea-party to the changing setting for the cricket game to the procedural insanity of the trial with which the novel ends. Pure Theory of Law, as Kelsen emphatically stresses, has the grundnorm as the cornerstone upon which the whole theoretical edifice rests2. This paper discusses some of the assumptions underlying Kelsen’s argument as an instance of the modern worldview which Lewis satirically scrutinizes. The first section (Sleepy and stupid) discusses Lewis critique of the idea that, to correctly apprehend an object (in the case of Kelsen’s study, law), one has to free it from its alien elements. The second section (Do bats eat cats?) discusses the notion of systemic coherence and its impact on modern ways of thinking about truth, law and society. The third section (Off with their heads!) explores the connections between readings of systems as neutral entities and the perpetuation of political power. The fourth and final section (Important, Unimportant) explains the sense in which a “critical anticipation” is both possible and useful to discuss the philosophical assumptions structuring some positivist arguments. It also discusses the reasons for choosing to focus on Kelsen’s work, rather than on that of Lewis’ contemporary, John Austin, whose The Province of Jurisprudence Determined (published in 1832) remains influential in legal debates today.

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Este estudo analisa o indivíduo que atua na linha de frente do RIO 2016, um programa social do Governo do Estado do Rio de Janeiro que opera 800 unidades de atendimento no Estado, com gestão da Secretaria de Estado de Esporte e Lazer. O indivíduo analisado nesta pesquisa é denominado Integrador de Núcleo Esportivo e é o responsável pela gestão de uma dessas unidades — Núcleo Esportivo — que atende em média 50 alunos de uma comunidade carente no Estado do Rio de Janeiro. Essa pesquisa analisa o Integrador de Núcleo Esportivo sob uma perspectiva inédita, entendendo-o como um agente que atua além do seu escopo burocrático de trabalho. Para esse estudo foram consideradas teorias sobre burocracia organizacional, lançando mão da literatura de Michel Crozier ―The Bureaucratic Phenomenon‖ (1964), que analisa as relações entre pessoas, grupos e poder para entender a influência da organização burocrática no indivíduo. O termo ―sociological citizen‖,desenvolvido por Silbey (2009), também foi considerado para classificar esse indivíduo que se mostra mais aplicado que outros nos serviço de seu mandato organizacional e legal. Silbey aplica também o termo ―relational regulation‖ para denominar esta forma particular de prática da ―cidadania sociológica‖ (tradução do autor), por meio da qual os agentes ―governam a lacuna existente entre as expectativas regulatórias e o desempenho requerido‖.

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This article examines the arising cross-border dispute resolution models (Cooperation and Competition among national Courts) from a critical perspective. Although they have been conceived to surpass the ordinary solution of a Modern paradigm (exclusive jurisdiction, choice of court, lis pendens, forum non conveniens, among others), they are insufficient to deal with problems raised with present globalization, as they do not abandon aspects of that paradigm, namely, (i) statebased Law; and (ii) standardization of cultural issues.