901 resultados para Sebok, Anthony J.: Legal positivism in American jurisprudence
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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.
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In this study three chronicles from national newspapers (one generalist and two sport press) were analyzed. The chronicles belong to Spain’s soccer final of the King’s Cup in 2014. The aim of the study was to know if there was any influence on the readers’ perception of justice and consequently if this influence could cause a particular predisposition to participate in acts of protest. 462 university students participated. The results showed that different chronicles caused differences in the perception of justice depending on the chronicle read. However, a clear influence on the willingness to participate in acts of protest was not obtained. These results should make us think about the impact of sport press and its influence, and to be aware of the indirect responsibility of every sector on the antisocial behaviors generated by soccer in our country.
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The aim of this paper is to carry out an economic and financial study of the Special Employment Centres in Castile and León based on a classification of these entities’ registered legal personalities in order to view how the economic crisis that began at the end of 2007 may have affected them. Various items from the Centres’ financial statements are analysed and the results are compared to those from the period 2007-2013 as to provide a broader perspective of their size, development, growth and behaviour. The following economic figures were used: total assets, turnover and revenue. The variable “employment” is compared with the subsidies received by the Centres, showing that the crisis does affect the Centres depending on their registered legal personalities. Associations and physical persons are the most affected personalities, to the point of possible extinction. An account reversal for the Centres is also included in this article, which measures the percentage of public aid received by the Centres that is returned to society.
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The purpose of this paper is to identify problems when translating standard formulas of expression in English to Spanish legal translation. To achieve the goal, a total of 250 Spanish translations were analyzed of 10 sentences from legal texts in English. The degree of difficulty posed by the translation of these formulas is confirmed by the results obtained, which is related not so much to the intrinsic meaning of the words that compose them, but to their contextual meaning. An eclectic approach that combines discourse analysis with contrastive linguistics is proposed, and some specific didactic guidelines are indicated to facilitate the translation teaching of these standard formulas of expression. Lexical interpretation and contextual recreation allow the apprentice translator to make progress with the translation of these phrases and to improve his/her attitude when facing them to achieve a successful semantic and contextual interpretation, that is to say, getting the closest natural equivalent while respecting the genius of the language.
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The forensic toxicologist faces challenges in the detection of drugs and poisons in biological samples due to transformations which occur both during life and after death. For example, changes can result from drug metabolism during life or from the use of formalin solution for post mortem embalming purposes. The former requires the identification of drug metabolites and the latter the identification of chemical reaction products in order to know which substances had been administered. The work described in this thesis was aimed at providing ways of tackling these challenges and was divided into two parts. Part 1 investigated the use of in vitro drug metabolism by human liver microsomes (HLM) to obtain information on drug metabolites and Part 2 investigated the chemical reactions of drugs and a carbamate pesticide with formalin solution and formalin-blood. The initial aim of part I was to develop an in vitro metabolism method using HLM, based on a literature review of previous studies of this type. MDMA was chosen as a model compound to develop the HLM method because its metabolism was known and standards of its metabolites were commercially available. In addition, a sensitive and selective method was developed for the identification and quantitation of hydrophilic phase I drug metabolites using LC/MS/MS with a conventional reverse-phase (C18) column. In order to obtain suitable retention factors for polar drug metabolites on this column, acetyl derivatives were evaluated for converting the metabolites to more lipophilic compounds and an optimal separation system was developed. Acetate derivatives were found to be stable in the HPLC mobile phase and to provide good chromatographic separation of the target analytes. In vitro metabolism of MDMA and, subsequently, of other drugs involved incubation of 4 µg drug substance in pH 7.4 buffer with an NADPH generating system (NGS) at 37oC for 90 min with addition of more NGS after 30 min. The reaction was stopped at 90 min by the addition of acetonitrile before extraction of the metabolites. Acetate derivatives of MDMA metabolites were identified by LC/MS/MS using multiple reaction monitoring (MRM). Three phase I metabolites (both major and minor metabolites) of MDMA were detected in HLM samples. 3,4-dihydroxy-methamphetamine and 4-hydroxy-3-methoxymethamphetamine were found to be major metabolites of MDMA whereas 3,4-methylenedioxyamphetamine was found to be a minor metabolite. Subsequently, ten MDMA positive urines were analysed to compare the metabolite patterns with those produced by HLM. An LC/MS method for MDMA and its metabolites in urine samples was developed and validated. The method demonstrated good linearity, accuracy and precision and insignificant matrix effects, with limits of quantitation of 0.025 µg/ml. Moreover, derivatives of MDMA and its metabolites were quantified in all 10 positive human urine samples. The urine metabolite pattern was found to be similar to that from HLM. The second aim of Part 1 was to use the HLM system to study the metabolism of some new psychoactive substances, whose misuse worldwide has necessitated the development of analytical methods for these drugs in biological specimens. Methylone and butylone were selected as representative cathinones and para-methoxyamphetamine (PMA) was chosen as a representative ring-substituted amphetamine, because of the involvement of these drugs in recent drug-related deaths, because of a relative lack of information on their metabolism, and because reference standards of their metabolites were not commercially available. An LC/MS/MS method for the analysis of methylone, butylone, PMA and their metabolites was developed. Three phase I metabolites of methylone and butylone were detected in HLM samples. Ketone reduction to β-OH metabolites and demethylenation to dihydroxy-metabolites were found to be major phase I metabolic pathways of butylone and methylone whereas N-demethylation to nor-methylone and nor-butylone were found to be minor pathways. Also, demethylation to para-hydroxyamphetamine was found to be a major phase I metabolic pathway of PMA whereas β-hydroxylation to β-OH-PMA was found to be a minor pathway. Formaldehyde is used for embalming, to reduce decomposition and preserve cadavers, especially in tropical countries such as Thailand. Drugs present in the body can be exposed to formaldehyde resulting in decreasing concentrations of the original compounds and production of new substances. The aim of part II of the study was to evaluate the in vitro reactions of formaldehyde with selected drug groups including amphetamines (amphetamine, methamphetamine and MDMA), benzodiazepines (alprazolam and diazepam), opiates (morphine, hydromorphone, codeine and hydrocodone) and with a carbamate insecticide (carbosulfan). The study would identify degradation products to serve as markers for the parent compounds when these were no longer detectable. Drugs standards were spiked in 10% formalin solution and 10% formalin blood. Water and whole blood without formalin were used for controls. Samples were analysed by LC/MS/MS at different times from the start, over periods of up to 30 days. Amphetamine, methamphetamine and MDMA were found to rapidly convert to methamphetamine, DMA and MDDMA respectively, in both formalin solution and formalin blood, confirming the Eschweiler-Clarke reaction between amine-containing compounds and formaldehyde. Alprazolam was found to be unstable whereas diazepam was found to be stable in both formalin solution and water. Both were found to hydrolyse in formalin solution and to give open-ring alprazolam and open-ring diazepam. Other alprazolam conversion products attached to paraformaldehyde were detected in both formalin solution and formalin blood. Morphine and codeine were found to be more stable than hydromorphone and hydrocodone in formalin solution. Conversion products of hydromorphone and hydrocodone attached to paraformaldehyde were tentatively identified in formalin solution. Moreover, hydrocodone and hydromorphone rapidly decreased within 24 h in formalin blood and could not be detected after 7 days. Carbosulfan was found to be unstable in formalin solution and was rapidly hydrolysed within 24 h, whereas in water it was stable up to 48 h. Carbofuran was the major degradation product, plus smaller amounts of other products, 3-ketocarbofuran and 3-hydrocarbofuran. By contrast, carbosulfan slowly hydrolysed in formalin-blood and was still detected after 15 days. It was concluded that HLM provide a useful tool for human drug metabolism studies when ethical considerations preclude their controlled administration to humans. The use of chemical derivatisation for hydrophilic compounds such as polar drug metabolites for analysis by LC/MS/MS with a conventional C18 column is effective and inexpensive, and suitable for routine use in the identification and quantitation of drugs and their metabolites. The detection of parent drugs and their metabolites or conversion and decomposition products is potentially very useful for the interpretation of cases in forensic toxicology, especially when the original compounds cannot be observed.
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Facing the exigencies of Emancipation, a South in ruins, and ongoing violence, between 1862 and 1872 the United States Congress debated the role education would play in the postbellum polity. Positing schooling as a panacea for the nation’s problems, a determiner of individual worth, and a way of ameliorating state and federal tensions, congressional leaders envisioned education as a way of reshaping American political life. In pursuit of this vision, many policymakers advocated national school agencies and assertive interventions into state educational systems. Interrogating the meaning of “education” for congressional leaders, this study examines the role of this ambiguous concept in negotiating the contradictions of federal and state identity, projecting visions of social change, evaluating civic preparedness, and enabling broader debates over the nation’s future. Examining legislative debates over the Reconstruction Acts, Freedmen’s Bureau, Bureau of Education, and two bills for national education reform in the early 1870s, this project examines how disparate educational visions of Republicans and Democrats collided and mutated amid the vicissitudes of public policy argument. Engaging rhetorical concepts of temporality, disposition, and political judgment, it examines the allure and limitations of education policy rhetoric, and how this rhetoric shifted amid the difficult process of coming to policy agreements in a tumultuous era. In a broader historical sense, this project considers the role of Reconstruction Era congressional rhetoric in shaping the long-term development of contemporary Americans’ “educational imaginary,” the tacit, often unarticulated assumptions about schooling that inflect how contemporary Americans engage in political life, civic judgment, and social reform. Treating the analysis of public policy debate as a way to gain insights into transitions in American political life, the study considers how Reconstruction Era debate converged upon certain common agreements, and obfuscated significant fault lines, that persist in contemporary arguments.
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This paper deals with some of the problems and implications of Legal English being used as a lingua franca, especially when teaching legal English in courses for judges in various European contexts.
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Nell’epoca di profonda transizione dell’era «pos-moderna», il modello tradizionale di legalità che conferisce al Parlamento il monopolio in materia penale entra in crisi in ragione della frammentazione delle fonti del diritto - a livello nazionale e sovranazionale - nonché delle spinte di globalizzazione capaci di incidere, ormai, ben oltre il mero piano economico. A fronte della incapacità del legislatore di rispondere in termini effettivi alla urgenza di razionalizzare e riformare il sistema penale, quindi, il potere giudiziario ha assunto una funzione di sostanziale supplenza, generando inevitabili attriti con il nullum crimen e i suoi corollari. Ne deriva che il Giudice di legittimità sempre più si preoccupa di assicurare la prevedibilità dei mutamenti interpretativi, specie se in malam partem, tenendo a mente gli ultimi approdi della giurisprudenza di Strasburgo in riferimento all’art. 7 CEDU. In particolare, tanto nelle motivazioni delle decisioni quanto nei contributi dottrinali, si diffonde graduale il riferimento a istituti propri del modello di common law: la recente riforma dell’art. 618, co 1 bis, c.p.p., del resto, è stata descritta a più voci come l’avvio della diffusione nell’ordinamento interno della c.d. “cultura del precedente”. In tale frangente, diviene utile approfondire l’opportunità dell’accostamento tra il modello di common law e di civil law, conducendo uno studio comparato tra i due ordinamenti quanto all’esercizio del potere punitivo che intende esaminare l’opportunità di acquisire rimedi propri della esperienza secolare del diritto judge-made in un ordinamento governato dalla soggezione del giudice alla legge.
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Aunque ni la Directiva 85/374/CEE relativa a la aproximación de las disposiciones legales, reglamentarias y administrativas de los Estados Miembros en materia de responsabilidad por los daños causados por productos defectuosos, ni el Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, que recoge dicha directiva en la actualidad en el sistema español, ni el d.p.r. 24 maggio 1988, nº 224, posteriormente introducido en el d. lgs 6 settembre 2005, nº 206, que hace lo mismo en el sistema italiano, establecen diferencias entre los distintos tipos de defectos que convierten a un producto en «defectuoso», la doctrina ha seguido diferenciando entre defectos de fabricación, defectos de información y defectos de diseño. La presente tesis intenta comprobar si tal clasificación es meramente académica, o si por el contrario, el que el defecto sea de un tipo o sea de otro implicará alguna especialidad en su tratamiento jurídico, y ello lo hace centrándose en los defectos de diseño, que han dado lugar a unos importantes desarrollos en la jurisprudencia norteamericana, y que. parecen estar asociados a los llamados «riesgos de desarrollo». Para ello se analiza la más reciente jurisprudencia norteamericana, italiana y española.
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Mitochondrial DNA (mtDNA) analysis has proved useful for forensic identification especially in cases where nuclear DNA is not available, such as with hair evidence. Heteroplasmy, the presence of more than one type of mtDNA in one individual, is a common situation often reported in the first and second mtDNA hypervariable regions (HV1/HV2), particularly in hair samples. However, there is no data about heteroplasmy frequency in the third mtDNA hypervariable region (HV3). To investigate possible heteroplasmy hotspots, HV3 from hair and blood samples of 100 individuals were sequenced and compared. No point heteroplasmy was observed, but length heteroplasmy was, both in C-stretch and CA repeat. To observe which CA ""alleles"" were present in each tissue, PCR products were cloned and re-sequenced. However, no variation among CA alleles was observed. Regarding forensic practice, we conclude that point heteroplasmy in HV3 is not as frequent as in the HV1/HV2.
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All debates in history—who started the Cold War, how successful were the Chartists in achieving their aims, to what extent was the recession of the American frontier culturally significant in American history— are debates between competing narrative interpretations. Moreover, because the historical imagination itself exists intertextually within our own social and political environment, the past is never discovered set aside from everyday life. History is designed and composed in the here and now.
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Aims To assess the association between alcohol use and victimization by homicide in individuals autopsied at the Institute of Legal Medicine in Sao Paulo, Brazil. Design Cross-sectional study. Setting Excessive consumption of alcohol is a serious public health issue and a major factor in triggering violent situations, which suggests a strong association between alcohol ingestion and becoming a victim of homicide. Participants Data from 2042 victims of homicides in 2005 were obtained from medical examiner reports. Measurements The victim`s gender, age, ethnicity and blood alcohol concentration (BAC) were collected. The method of death and homicide circumstances, as well as the date, time and place of death were also studied. Findings Alcohol was detected in blood samples of 43% of the victims, and mean BAC levels were 1.55 +/- 0.86 g/l. The prevalence of positive BAC levels was higher among men (44.1%) than women (26.6%), P < 0.01. Firearms caused most of the deaths (78.6%), and alcohol consumption was greater among victims of homicide by sharp weapons (P < 0.01). A greater proportion of victims with positive BAC were killed at weekends compared to weekdays (56.4 and 38.5%, respectively; P < 0.01), and the correlation between homicide rates and the average BAC for the central area of the city was positive (r(s) = 0.90; P < 0.01). Conclusions These results highlight alcohol as a contributing factor for homicide victimization in the greatest urban center in South America, supporting public strategies and future research aiming to prevent homicides and violence related to alcohol consumption.
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The church and other community organisations have a legitimate role to play in influencing public policy. However, intervention by the church and other religious bodies in recent litigation in Australia and the United Kingdom raises questions about the appropriateness of such bodies being permitted to intervene directly in the court process as amici curiae. We argue that there are dangers in such bodies insinuating their doctrine under the guise of legal argument in civil proceedings, but find it difficult to enunciate a principled distinction between doctrine and legal argument. We advise that judges should exercise caution in dealing with amicus submissions.
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O presente estudo analisa as relações entre a ‘saúde’ e o ‘social’ na Saúde Pública brasileira, especificamente a partir da noção de ‘determinação social da saúde’, focando-a em dois momentos importantes: a década de 70, quando ocorre a construção dessa noção a partir da corrente médico-social latino-americana, e a retomada dessa discussão no século XXI sobre a chancela de ‘determinantes sociais da saúde’. Possuiu como objetivos: Caracterizar a noção de ‘determinação social’ a partir do positivismo nas ciências sociais; pesquisar a construção da noção de ‘determinação social da saúde’ na Saúde Pública brasileira; descrever perspectivas de análises sobre o campo dos determinantes sociais da saúde a partir da polaridade entre a ‘saúde’ e o ‘social’. Para o alcance dos objetivos, foi realizado um estudo exploratório, através da pesquisa bibliográfica (livros e bases de dados virtuais) e da pesquisa documental. Inicialmente apresentamos os pressupostos teórico-filosóficos sobre os quais a ciência moderna se assentou e que construíram a base da corrente positivista. Após, caracterizamos, em linhas gerais, essa corrente de pensamento, para, finalmente, interpretarmos a noção de ‘determinação social’ a partir de Durkheim – uma das principais análises dentro do campo das ciências sociais. Logo após, trazemos a construção da noção de determinação social da saúde a partir da crítica latino-americana da década de 70 ao discurso hegemônico do período sobre o processo saúde-doença. O pensamento latino-americano teve grande produção teórico-política brasileira em um lugar de vanguarda quando comparado a todos os países da América do Sul e Central. Entre outras agendas, a noção de determinação social da saúde, oriunda dos movimentos sociais, pautou a reforma sanitária brasileira, colocando-se como cerne do debate. Noção esta que sustentou a ‘bandeira política’ defendida pelo movimento sanitário na luta por melhores condições de vida e de saúde no Brasil. Em seguida, apresentamos a configuração político-científica mais recente do campo dos determinantes sociais da saúde, destacando que ocorre um enfoque predominantemente reducionista sobre o social. Logo após, trazemos categorias do pensamento da sociologia crítica e da sociologia contemporânea, de forma a oferecer elementos de análise para a crítica à forma como hegemonicamente vem se pautando o discurso no interior do campo dos determinantes sociais da saúde. Ambas as perspectivas apresentam-se de forma não excludentes, não hierárquicas e não concorrentes. Finalizamos tecendo considerações que, longe de serem finais, sinalizam para a necessidade de uma nova perspectiva de partida para os estudos atuais no campo dos determinantes sociais da saúde.
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Abstract: If we think there is a significant number of legal offshore in the globalized world, then there is not even a global consensus about what «corruption» is. The «illegal corruption» in a country may be legal in another. Moreover, the great global corruption is above the law or above democratic States. And not all democratic States are «Rule of Law». Therefore, the solution is global earlier in time and space law, democratic, free and true law. While the human being does not reach a consensus of what «corruption» really is, the discussion will not go further than a caricature. One of the other problems about «corruption» is that it is very difficult to establish the imputation of crimes, including «corruption» (v.g. Portugal) on some «companies», corporations. We have a juridical problem in the composition of the art. 11. of the Portuguese Penal Code.