17 resultados para Politician lawyers

em BORIS: Bern Open Repository and Information System - Berna - Suiça


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Immigrant incorporation (or integration) is a subfield of migration studies, and it constitutes a genuinely interdisciplinary undertaking of sociologists, political scientists, anthropologists, lawyers, and historians. In none of these disciplines, however, has it carved out an established niche for itself. In contrast to the United States, where the study of immigrant integration (or “assimilation” as US researchers prefer to say) is more firmly grounded in sociology than in political science, a characteristic of the European scene is a larger prominence of political scientists, macro comparativists, and legal-institutional scholars. This reflects the fact that immigrant integration in Europe is, to a much larger degree than in the United States, framed by public policies, and it often goes along with major transformations of state institutions (most importantly citizenship) and national identities. European states (even France) are ethnic nation-states, where sedentariness and not moving is the norm, and they stand for countries that are much less attuned to, and constituted by, international migration than the classic immigrant nations of North America and Oceania. Overall, European scholarship is marked, on one side, by single-country studies by national experts, which are often solicited by their respective governments interested in policy advice (but increasingly also supported by supranational research bodies). On the other side, most agenda-setting work has grown out of qualitative single-person studies (often dissertations) by macro sociologists and political comparativists not (or only incidentally) rooted in national university systems and disconnected from policy contexts. The field is in need of further conceptual development and of theoretically reflected, genuinely comparative work of the second type, which is mostly off the public funding radar.

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Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

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Goal evaluation is an essential element of the process of designing regulatory frameworks. Lawyers and legal scholars do however tend to ignore it. The present paper stresses the importance of pinpointing the precise regulatory objectives in the fluid environment of electronic communications, since, due to their technological and economic development, they have become the vital basis for communication and distribution of information in modern societies. The paper attempts an analysis of the underlying regulatory objectives in contemporary communications and seeks to put together the complex puzzle of economic and societal issues.

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Report presented to the Intergovernmental Committee of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions Seventh Ordinary Session, Paris, December 10-­‐13, 2013

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“Large-scale acquisition of land by foreign investors” is the correct term for a process where the verdict of guilt is often quicker than the examination. But is there something really new about land grab except in its extent? In comparison with colonial and post-colonial plantation operations, should foreign investors today behave differently? We generally accept coffee and banana exports as pro-growth and pro-development, just as for cars, beef and insurance. What then is wrong with an investment contract allowing the holder to buy a farm and to export wheat to Saudi Arabia, or soybeans and maize as cattle feed to Korea, or to plant and process sugar cane and palm oil into ethanol for Europe and China? Assuming their land acquisition was legal, should foreigners respect more than investment contracts and national legislation? And why would they not take advantage of the legal protection offered by international investment law and treaties, not to speak of concessional finance, infrastructure and technical cooperation by a development bank, or the tax holidays offered by the host state? Remember Milton Friedman’s often-quoted quip: “The business of business is business!” And why would the governments signing those contracts not know whether and which foreign investment projects are best for their country, and how to attract them? This chapter tries to show that land grab, where it occurs, is not only yet another symptom of regulatory failures at the national level and a lack of corporate social responsibility by certain private actors. National governance is clearly the most important factor. Nonetheless, I submit that there is an international dimension involving investor home states in various capacities. The implication is that land grab is not solely a question whether a particular investment contract is legal or not. This chapter deals with legal issues which seem to have largely escaped the attention of both human rights lawyers and, especially, of investment lawyers. I address this fragmentation between different legal disciplines, rules, and policies, by asking two basic questions: (i) Do governments and parliaments in investor home countries have any responsibility in respect of the behaviour of their investors abroad? (ii) What should they and international regulators do, if anything?

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The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

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Shortly after the founding of the University of Basel (1460), there was a reform conflict that was sparked by the election of the Rector and the question oft he future leadership of the University. A group of mostly aristocratic and honorable lawyers (being verified prosopographically in the article), supported of influential people of the city of Basel, tried to introduce an Italian constitution modeled after the Law-University of Bologna contrary to the habits north of the Alps. The plan failed, and the group was made reform losers, because the universities of the German speaking countries had developed into ‚Four-Faculties-Universities‘ with regularly changing leadership, in which the faculty of arts frequentially and financially set the tone. To compensate the Basel University, the first in the Empire, created an ordo differencie in which the different social ranks of University attendees already noticed in practice were also laid down by statute.

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Recent experiments suggest that humans can form and later retrieve new semantic relations unconsciously by way of hippocampus - the key structure thought to support conscious relational (episodic) memory. Given that the hippocampus subserves both conscious and unconscious relational encoding/retrieval, we expected the hippocampus to be place of unconscious-conscious interactions. This hypothesis was tested in an fMRI experiment on the interaction between the unconscious retrieval of face-associated occupations and the subsequent conscious retrieval of celebrities’ occupations. For subliminal encoding, masked combinations of an unfamiliar face and a written occupation (“actor” or “politician”) were subliminally presented. At test, we presented the former subliminal faces again, without occupations and masks, as conscious retrieval cues. We hypothesized that faces would trigger the unconscious reactivation of the associated occupation - actor or politician -, which in turn would facilitate or inhibit the subsequent conscious recollection of a celebrity’s occupation. Following the presentation of a former subliminal face, we presented the portrait of a celebrity that participants were required to sort according to “actor” or “politician”. Depending on whether the triggered unconscious occupation was congruent or incongruent with the celebrity’s occupation, we expected an expedited or retarded conscious retrieval process as reflected in reaction times. Conscious retrieval was expedited in the congruent condition, but there was no effect in the incongruent condition. fMRI data collected during subliminal relational encoding confirmed that the hippocampus was interacting with neocortical semantic storage sites. fMRI data collected at test indicated that the facilitated conscious retrieval of celebrity-associated occupations was related to deactivations in this same network spanning hippocampus and neocortical semantic storage sites. Hence, unconscious retrieval likely preactivated this network, which allowed for a sparing recruitment of additional neural resources to assist conscious retrieval. This finding supports the notion that consciously and unconsciously acquired relational memories are stored in a single, cohesive hippocampal-neocortical memory space.

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In Europe and North America, migration and integration has become a busy subfield of political sociology. Of particular interest in this respect is the integration of Muslims and Islam, which has dominated the debate in Europe. Broadly conceived «political opportunity structures» have received much attention in this context. But the role of liberal law in the integration of Islam has been largely ignored, not by lawyers of course, but by political sociologists who have thus delivered far too negative and truncated pictures of Muslims and Islam in Europe. This is the deficit we sought to redress in Legal Integration of Islam; A Transatlantic Comparison (2013) (co-authored with John Torpey). Some of this study’s main ideas and findings are presented in the following.

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Recent evidence suggests that humans can form and later retrieve new semantic relations unconsciously by way of hippocampus-the key structure also recruited for conscious relational (episodic) memory. If the hippocampus subserves both conscious and unconscious relational encoding/retrieval, one would expect the hippocampus to be place of unconscious-conscious interactions during memory retrieval. We tested this hypothesis in an fMRI experiment probing the interaction between the unconscious and conscious retrieval of face-associated information. For the establishment of unconscious relational memories, we presented subliminal (masked) combinations of unfamiliar faces and written occupations ("actor" or "politician"). At test, we presented the former subliminal faces, but now supraliminally, as cues for the reactivation of the unconsciously associated occupations. We hypothesized that unconscious reactivation of the associated occupation-actor or politician-would facilitate or inhibit the subsequent conscious retrieval of a celebrity's occupation, which was also actor or politician. Depending on whether the reactivated unconscious occupation was congruent or incongruent to the celebrity's occupation, we expected either quicker or delayed conscious retrieval process. Conscious retrieval was quicker in the congruent relative to a neutral baseline condition but not delayed in the incongruent condition. fMRI data collected during subliminal face-occupation encoding confirmed previous evidence that the hippocampus was interacting with neocortical storage sites of semantic knowledge to support relational encoding. fMRI data collected at test revealed that the facilitated conscious retrieval was paralleled by deactivations in the hippocampus and neocortical storage sites of semantic knowledge. We assume that the unconscious reactivation has pre-activated overlapping relational representations in the hippocampus reducing the neural effort for conscious retrieval. This finding supports the notion of synergistic interactions between conscious and unconscious relational memories in a common, cohesive hippocampal-neocortical memory space.

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Gender-fair language consists of the symmetric linguistic treatment of women and men instead of using masculine forms as generics. In this study, we examine how the use of gender-fair language affects readers' support for social initiatives in Poland and Austria. While gender-fair language is relatively novel in Poland, it is well established in Austria. This difference may lead to different perceptions of gender-fair usage in these speech communities. Two studies conducted in Poland investigate whether the evaluation of social initiatives (Study 1: quotas for women on election lists; Study 2: support for women students or students from countries troubled by war) is affected by how female proponents (lawyers, psychologists, sociologists, and academics) are referred to, with masculine forms (traditional) or with feminine forms (modern, gender-fair). Study 3 replicates Study 2 in Austria. Our results indicate that in Poland, gender-fair language has negative connotations and therefore, detrimental effects particularly when used in gender-related contexts. Conversely, in Austria, where gender-fair language has been implemented and used for some time, there are no such negative effects. This pattern of results may inform the discussion about formal policies regulating the use of gender-fair language.