Les fondements de la loi et comment elle se construit chez l’individu

RESUMÉ: Le Droit, en tant que système de constructions institutionnelles de l'humanité, est une échelle symbolique indispensable dans la construction de la subjectivité, puisqu'elle sauvegarde les interdictions fondamentales relatives à l'inceste et aux crimes d'homicide, de parricide, de matricide et d'infanticide, lesquelles constituent des limites nécessaires au langage en tant que phénomène psychosomatique humain. Le système du Droit a la fonction de médiation dans l'économie psychique de la Référence symbolique et fonctionne comme un Tiers dans la logique triadique du langage puisque, en établissant des catégories de filiation et des niveaux de hiérarchie dans la séquence des générations, il rehausse l'importance de la généalogie patriarcale dans l'espèce parlante. Le Droit «institue la vie en instituant la subjectivité» dans l'art de l'interprétation des interdits construits dans les sociétés. C'est le représentant logique transcendantal divin, paternel ou étatique qui soutient chez le sujet l'acceptation de l'interdiction œdipienne et de ses nuances, engendrant alors sa «capacité de jugement singulier». ABSTRACT: The Law, as a system of institutional constructions for mankind, is an essential symbolic scale for the construction of subjectivity, since it saves fundamental injunctions about incest, and crimes like homicide, parricide, matricide and infanticide, all of them constituting the necessary boundaries to language as a human psychosomatic phenomenon. The Law system as the function of mediation for the symbolic Reference in the psyche economy and works as a Third party on the triadic logic of language, because as it establishes affiliation categories and hierarchic levels in the sequence of the generations, it highlights the importance of the patriarchal genealogy in the «speaker species». The Law «institutes life instituting subjectivity» in the art of injunctions interpretation built in societies. It’s the logical transcendental divine representative, fatherly or status apparatus that sustains for the subject the oedipal acceptance and its nuances, creating then its «singular judgment capacity».

A intervenção do tribunal judicial no processo de constituição do tribunal arbitral e o princípio do contraditório

Under specific circumstances, the arbitral tribunal constitution procedure may come to an impasse, due to divergences between the parties or to the mere innaction of one of them or even of a third party. Such is the case when one of the parties or a third party does not appoint the arbitrator it should appoint according to the law or to the arbitration agreement. In order to overcome these types of situations, the Voluntary Arbitration Law provides for the intervention of the President of the Tribunal da Relação in the arbitral tribunal constitution procedure, granting him the power to, by appplication of one of the parties, name or choose the arbitrator the appointment of which has been ommited by the other party or the third party. This paper adresses the question of whether the procedure aimed at the decision of the President of the Tribunal da Relação must incorporate the defendant’s right to contradictory. The answer to this question is based, mainly, on the determination of which is the procedural form applicable to the intervention of the President of the Tribunal da Relação and on analysis of both the structure and effects of the arbitration agreement and the arbitrator´s contract.

Motivação no trabalho: um estudo de caso na gestão administrativa do Hospital Divina Providência

A motivação organizacional é assunto que vem sendo estudado mais profundamente com o passar do tempo, buscando entender o que realmente faz com que o colaborador se sinta motivado para desenvolver suas atividades laborais. A fim de atingir o objetivo proposto nesta pesquisa foram estudados os aspectos motivacionais no ambiente de trabalho da área administrativa do hospital filantrópico Divina Providência, localizado no município de Marituba integrante da área metropolitana do Estado do Pará e, qual a percepção dos clientes em relação aos serviços prestados por estes profissionais. Para tanto, a primeira parte do estudo, apresenta uma pesquisa bibliográfica, com o objetivo de coletar contribuições de diversos autores sobre o tema motivação Estes aspectos foram estudados sob a égide de estudiosos como Maslow, Herzberg, McGregor, Aldefer e Adams. O estudo justifica-se pela necessidade de serem obtidos dados que dizem respeito a aspectos objetivos e subjetivos que podem ser captados ou não na correlação entre os fatores motivacionais e o êxito dos serviços realizados. Face à natureza do problema, este estudo de caso tem como procedimento metodológico a aplicação e a análise de três questionários em três amostragens: colaboradores da área administrativa sem cargo de chefia, colaboradores que possuem cargo de chefia na área administrativa em dados sobre motivação laboral, clientes sobre a qualidade de serviços prestados pelo hospital. Por um lado, os dados evidenciaram uma visão realista em relação a motivação dos colaboradores. Mostrando ainda uma visão positiva em relação à qualidade dos serviços prestados. Os resultados expostos conseguiram demonstrar quais os principais fatores que representam a motivação dos colaboradores no trabalho além de visualizar a satisfação dos usuários com os serviços prestados.

The Court of Justice of the European Union as a fundamental rights tribunal: challenges for the effective delivery of fundamental rights in the area of freedom, security and justice. CEPS Paper in Liberty and Security in Europe No. 49, 29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of ‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals in cases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Security and Justice (AFSJ), and its immigration, external border and asylum policies. In view of the fundamental rights-sensitive nature of these domains, which often encounter shifts of accountability and responsibility in their practical application, and the Lisbon Treaty’s expansion of the jurisdiction of the CJEU to interpret and review EU AFSJ legislation, this area can be seen as an excellent test case for the analyses at hand. The final section puts forth a set of policy suggestions that can assist the CJEU in the process of adjusting itself to the new fundamental rights context in a post-Lisbon Treaty setting.

GODIVA2: interactive visualization of environmental data on the Web

GODIVA2 is a dynamic website that provides visual access to several terabytes of physically distributed, four-dimensional environmental data. It allows users to explore large datasets interactively without the need to install new software or download and understand complex data. Through the use of open international standards, GODIVA2 maintains a high level of interoperability with third-party systems, allowing diverse datasets to be mutually compared. Scientists can use the system to search for features in large datasets and to diagnose the output from numerical simulations and data processing algorithms. Data providers around Europe have adopted GODIVA2 as an INSPIRE-compliant dynamic quick-view system for providing visual access to their data.

Evidence of systematic approaches to innovation in facilities management

Purpose – This paper seeks to examine the nature of “service innovation” in the facilities management (FM) context. It reviews recent thinking on “service innovation” as distinct from “product innovation”. Applying these contemporary perspectives it describes UK case studies of 11 innovations in different FM organisations. These include both in-house client-based innovations and third-party innovations. Design/methodology/approach – The study described in the paper encompasses 11 different innovations that constitute a mix of process, product and practice innovations. All of the innovations stem from UK-based organisations that were subject to in-depth interviews regarding the identification, screening, commitment of resources and implementation of the selected innovations. Findings – The research suggested that service innovation is highly active in the UK FM sector. However, the process of innovation rarely followed a common formalized path. Generally, the innovations were one-shot commitments at the early stage. None of the innovations studied failed to proceed to full adoption stage. This was either due to the reluctance of participating organisations to volunteer “tested but unsuccessful” innovations or the absence of any trial methods that might have exposed an innovations shortcomings. Research limitations/implications – The selection of innovations was restricted to the UK context. Moreover, the choice of innovations was partly determined by the innovating organisation. This selection process appeared to emphasise “one-shot” high profile technological innovations, typically associated with software. This may have been at the expense of less resource intensive, bottom-up innovations. Practical implications – This paper suggests that there is a role for “research and innovation” teams within larger FM organisations, whether they are client-based or third-party. Central to this philosophy is an approach that is open to the possibility of failure. The innovations studied were risk averse with a firm commitment to proceed at the early stage. Originality/value – This paper introduces new thinking on the subject of “service innovation” to the context of FM. It presents research and development as a planned solution to innovation. This approach will enable service organisations to fully test and exploit service innovations.

The engineer under FDIC's conditions of contract for construction

FIDIC has over the years produced standard forms of contracts for the international procurement of projects. A source of continuing criticism of its Red Book concerns the duality in the traditional role of the engineer as the employer's agent and as an independent third party holding the balance fairly between the employer and the contractor. In response to this and other criticisms FIDIC produced a replacement for it in 1999. The role of the engineer under the new Red Book is critically examined in the light of relevant case law, expert commentaries and feedback from two multidisciplinary workshops with international participation. The examination identified three major changes: (1) a duty to act impartially has been replaced by a duty to make fair determination of certain matters; (2) it is open to parties to allow greater control of the engineer by the employer by stating in the appropriate part of the contract powers the engineer must not exercise without the employer's approval; (3) there is provision for a Dispute Adjudication Board (DAB) to which disputes may be referred. Although the duality has not been eliminated completely, the contract is structured flexibly enough to support those who wish to contract on the basis of the engineer acting solely as the agent of the employer.

Probiotics: their potential to impact human health

Probiotics—live microorganisms that when administered in adequate amounts confer a health benefit on the host—have been studied for both human and animal applications, and worldwide research on this topic has accelerated in recent years. This paper reviews the literature on probiotics, describes how probiotics work in human ecosystems, and outlines the impact of probiotics on human health and disease. The paper also addresses safety issues of probiotic use, suggests future developments in the field of probiotics, and provides research and policy recommendations. Product considerations and potential future developments regarding probiotics also are discussed. The authors conclude that controlled human studies have revealed a diverse range of health benefits from consumption of probiotics, due largely to their impact on immune function or on microbes colonizing the body. Additional, well-designed and properly controlled human and mechanistic studies with probiotics will advance the essential understanding of active principles, mechanisms of action, and degree of effects that can be realized by specific consumer groups. Recommendations include establishment of a standard of identity for the term “probiotic,” adoption of third-party verification of label claims, use of probiotics selectively in clinical conditions, and use of science-based assessment of the benefits and risks of genetically engineered probiotic microbes.

Analysing Google rankings through search engine optimization data

Purpose - The purpose of this paper is to identify the most popular techniques used to rank a web page highly in Google. Design/methodology/approach - The paper presents the results of a study into 50 highly optimized web pages that were created as part of a Search Engine Optimization competition. The study focuses on the most popular techniques that were used to rank highest in this competition, and includes an analysis on the use of PageRank, number of pages, number of in-links, domain age and the use of third party sites such as directories and social bookmarking sites. A separate study was made into 50 non-optimized web pages for comparison. Findings - The paper provides insight into the techniques that successful Search Engine Optimizers use to ensure a page ranks highly in Google. Recognizes the importance of PageRank and links as well as directories and social bookmarking sites. Research limitations/implications - Only the top 50 web sites for a specific query were analyzed. Analysing more web sites and comparing with similar studies in different competition would provide more concrete results. Practical implications - The paper offers a revealing insight into the techniques used by industry experts to rank highly in Google, and the success or other-wise of those techniques. Originality/value - This paper fulfils an identified need for web sites and e-commerce sites keen to attract a wider web audience.

Community based ecotourism as a panacea for protected areas: the use of common property theory in its analysis and development

Tourism is the worlds largest employer, accounting for 10% of jobs worldwide (WTO, 1999). There are over 30,000 protected areas around the world, covering about 10% of the land surface(IUCN, 2002). Protected area management is moving towards a more integrated form of management, which recognises the social and economic needs of the worlds finest areas and seeks to provide long term income streams and support social cohesion through active but sustainable use of resources. Ecotourism - 'responsible travel to natural areas that conserves the environment and improves the well- being of local people' (The Ecotourism Society, 1991) - is often cited as a panacea for incorporating the principles of sustainable development in protected area management. However, few examples exist worldwide to substantiate this claim. In reality, ecotourism struggles to provide social and economic empowerment locally and fails to secure proper protection of the local and global environment. Current analysis of ecotourism provides a useful checklist of interconnected principles for more successful initiatives, but no overall framework of analysis or theory. This paper argues that applying common property theory to the application of ecotourism can help to establish more rigorous, multi-layered analysis that identifies the institutional demands of community based ecotourism (CBE). The paper draws on existing literature on ecotourism and several new case studies from developed and developing countries around the world. It focuses on the governance of CBE initiatives, particularly the interaction between local stakeholders and government and the role that third party non-governmental organisations can play in brokering appropriate institutional arrangements. The paper concludes by offering future research directions."

An investigation into the viability of LibraryThing for promotional and user engagement purposes in libraries

Structured abstract: Purpose: LibraryThing is a Web 2.0 tool allowing users to catalogue books using data drawn from sources such as Amazon and the Library of Congress and has facilities such as tagging and interest groups. This study evaluates whether LibraryThing is a valuable tool for libraries to use for promotional and user engagement purposes. Methodology: This study used a sequential mixed methods 3 phase design: (1) the identification of LibraryThing features for user engagement or promotional purposes, (2) exploratory semi-structured interviews (3) a questionnaire. Findings: Several uses of LibraryThing for promotional and user engagement purposes were identified. The most popular reason libraries used LibraryThing was to promote the library or library stock, with most respondents using it specifically to highlight collections of books. Monitoring of patron usage was low and many respondents had not received any feedback. LibraryThing was commonly reported as being easy to use, remotely accessible, and having low cost, whilst its main drawbacks were the 200 book limit for free accounts, and it being a third-party site. The majority of respondents felt LibraryThing was a useful tool for libraries. Practical implications: LibraryThing has most value as a promotional tool for libraries. Libraries should actively monitor patron usage of their LibraryThing account or request user feedback to ensure that LibraryThing provides a truly valuable service for their library. Orginality : There is little research on the value of LibraryThing for libraries, or librarians perceptions of LibraryThing as a Web 2.0 tool.

An industry viewpoint on the role of farm assurance in delivering food safety to the consumer: the case of the dairy sector in England and Wales

Food safety, alongside food quality, remains a primary concern of both consumers and those along the whole food supply chain, leading to regulation by government alongside private third party certification. Much has been written about the value of these systems primarily from the perception of the consumer. This paper reports on a study that examined industry perceptions on the regulatory and assurance systems within the dairy sector of England and Wales. It found that the primary producer found value in both systems, although from a food hygiene focus regulation was seen to be more rigorous. Other stakeholders along the dairy food supply chain saw the assurance scheme as more rigorous. All stakeholders recognised the need to reduce duplication in delivering food safety through combining key elements of both systems with the added potential for better communication of both food safety and quality to the final consumer.

Från ord till (e-)handling : - Integration av e-handelssystemi SiteVision

The client, Senselogic, had noticed an increased demand for an e-commerce system integrated into its product, SiteVision, something that did not previously exist. Senselogic wanted to integrate a third-party system to manage e-commerce. The problem was that there were very many e-commerce solutions to choose from. In order to select the best system it was necessary to evaluate the e-commerce systems and compare them to each other. To identify the elements that has to be included in an e-commerce system a study of literature was conducted. From the parts identified in the study of literature, a number of criteria were presented. Those criteria were then supplemented with additional criteria that Senselogic required of an e-commerce system before integrating it with SiteVision. Before the evaluation a number of test cases were created to test whether the ecommerce systems fulfilled to the criteria developed. These test cases were then used in the evaluation of the e-commerce systems while a test score was filled in. Then the evaluations of the different systems were compiled and compared in order to see which system best fulfilled the criteria. There was one system that scored higher than the others in the evaluation created. That was the system chosen to integrate with SiteVision.

Tapping into Floor Staff: Using the knowledge of floor staff to conduct formative evaluations of exhibits in a Canadian science centre

Most science centres in Canada employ science-educated floor staff to motivate visitorsto have fun while enhancing the educational reach of the exhibits. Although bright andsensitive to visitors’ needs, floor staff are rarely consulted in the planning,implementation, and modification phases of an exhibit. Instead, many developmentteams rely on costly third-party evaluations or skip the front-end and formativeevaluations all together, leading to costly errors that could have been avoided. This studywill seek to reveal a correlation between floor staff’s perception of visitors’ interactionswith an exhibit and visitors’ actual experiences. If a correlation exists, a recommendationcould be made to encourage planning teams to include floor staff in the formative andsummative evaluations of an exhibit. This is especially relevant to science centres withlimited budgets and for whom a divide exists between floor staff and management.In this study, a formative evaluation of one exhibit was conducted, measuring both floorstaff’s perceptions of the visitor experience and visitors’ own perceptions of the exhibit.Floor staff were then trained on visitor evaluation methods. A week later, floor staff andvisitors were surveyed a second time on a different exhibit to determine whether anincrease in accuracy existed.The training session increased the specificity of the motivation and comprehensionresponses and the enthusiasm of the staff, but not their ability to predict observedbehaviours with respect to ergonomics, learning indicators, holding power, and successrates. The results revealed that although floor staff underestimated visitors’ success ratesat the exhibits, staff accurately predicted visitors’ behaviours with respect to holdingpower, ergonomics, learning indicators, motivation and comprehension, both before andafter the staff training.

Library Privacy Policies in 2015: Strategies for Renewed Relevance

In recent decades, library associations have advocated for the adoption of privacy and confidentiality policies as practical support to the Library Code of Ethics with a threefold purpose to (1) define and uphold privacy practices within the library, (2) convey privacy practices to patrons and, (3) protect against potential liability and public relations problems. The adoption of such policies has been instrumental in providing libraries with effective responses to surveillance initiatives such as warrantless requests and the USA PATRIOT ACT. Nevertheless, as reflected in recent news stories, the rapid emergence of data brokerage relationships and technologies and the increasing need for libraries to utilize third party vendor services have increased opportunities for data surveillers to access patrons’ personal information and reading habits, which are funneled and made available through multiple online library service platforms. Additionally, the advice that libraries should “contract for the same level of privacy reflected in their privacy policies” is no longer realistic given that the existence of multiple vendor contracts negotiated at arms length is likely to produce varying privacy terms and even varying definitions of what constitutes personal information (PII). These conditions sharply threaten the effectiveness and relevance of library privacy policies and privacy initiatives in that such policies increasingly offer false comfort by failing to reflect privacy weaknesses in the data sharing landscape and vendor contracts when library-vendor contracts fail to keep up with vendor data sharing capabilities. While some argue that library privacy ethics are antiquated and rendered obscure in the current online sharing economy PEW studies point to pronounced public discomfort with increasing privacy erosion. At the same time, new directions in FTC enforcement raise the possibility that public institutions’ privacy policies may serve as swords to unfair or deceptive commercial trade practices – offering the potential of renewed relevance for library privacy and confidentiality policies. This dual coin of public concern and the potential for enhanced FTC enforcement suggests that when crafting privacy polices libraries must now walk the knife’s edge by offering patrons both realistic notice about the limitations of protections the library can ensure while at the same time publicly holding vendors accountable to library privacy ethics and expectations. Potential solutions for how to walk this edge are developed and offered as a subject for further discussion to assist the modification of model policies for both public and academic libraries alike.