901 resultados para Legal and constitutional duty


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When Parties Matter looks at the extent to which political parties can make a difference to public policy, focusing on the regional level in Germany. Politicians of the left and the right sometimes have radically different views, but inevitably the combined forces of legal and financial constraints, bureaucracy, public expectations and the 'weight of history' restrict their ability to translate political disagreement into policy change. Giving a detailed examination of education policy, childcare and family policy, and labour market policy in three German regions between 1999 and 2006, this book provides insights into what politicians can and cannot achieve, in particular at the level below the nation-state.

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The aim of this work has been to investigate the behaviour of a continuous rotating annular chromatograph (CRAC) under a combined biochemical reaction and separation duty. Two biochemical reactions have been employed, namely the inversion of sucrose to glucose and fructose in the presence of the enzyme invertase and the saccharification of liquefied starch to maltose and dextrin using the enzyme maltogenase. Simultaneous biochemical reaction and separation has been successfully carried out for the first time in a CRAC by inverting sucrose to fructose and glucose using the enzyme invertase and collecting continuously pure fractions of glucose and fructose from the base of the column. The CRAC was made of two concentric cylinders which form an annulus 140 cm long by 1.2 cm wide, giving an annular space of 14.5 dm3. The ion exchange resin used was an industrial grade calcium form Dowex 50W-X4 with a mean diameter of 150 microns. The mobile phase used was deionised and dearated water and contained the appropriate enzyme. The annular column was slowly rotated at speeds of up to 240°h-1 while the sucrose substrate was fed continuously through a stationary feed pipe to the top of the resin bed. A systematic investigation of the factors affecting the performance of the CRAC under simultaneous biochemical reaction and separation conditions was carried out by employing a factorial experimental procedure. The main factors affecting the performance of the system were found to be the feed rate, feed concentrations and eluent rate. Results from the experiments indicated that complete conversion could be achieved for feed concentrations of up to 50% w/v sucrose and at feed throughputs of up to 17.2 kg sucrose per m3 resin/h. The second enzymic reaction, namely the saccharification of liquefied starch to maltose employing the enzyme maltogenase has also been successfully carried out on a CRAC. Results from the experiments using soluble potato starch showed that conversions of up to 79% were obtained for a feed concentration of 15.5% w/v at a feed flowrate of 400 cm3/h. The product maltose obtained was over 95% pure. Mathematical modelling and computer simulation of the sucrose inversion system has been carried out. A finite difference method was used to solve the partial differential equations and the simulation results showed good agreement with the experimental results obtained.

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This thesis is organised into four parts. In Part 1 relevant literature is reviewed and presented in three chapters. Chapter 1 examines legal and cultural factors in identifying the. boundaries of rape. Chapter 2 discusses idiographic features· and causal characteristics of rape suspects and victims. Chapter 3 reviews the evidence relating to attitudes toward rape,. attribution of responsibility to victims and the routine management of rape cases by the police. Part II comprises an experimental investigation of observer perception of the victims of violent crime. The experiment, examined the processes by which impressions were attributed to victims of personal crime. The results suggested that discrepancies from observers' stereotypes were an important factor in their polarisation of victim ratings. The relevance of. examining . both the structure and process of' impression, formation was highlighted. Part III describes an extensive field study in which the West. Midlands police files on rape for an eight year period (1071-1978) were analysed. The study revealed a large number of interesting findings related to a wide range of relevant features of the crime. Further, the impact .of common misconceptions and "myths" of rape were investigated across the legal and judicial processing of rape cases. The evidence suggests that these "myths" lead·to differential biasing effects at different stages in the process. In the final part of this thesis,. salient issues raised by the experiment and field study .are discussed·within the framework outlined in Part 1. Potential implications for future developments and research: are presented.

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Latterly the psychology of sexualities has diversified. There has been increased engagement with queer theory and a heightened focus on sexual practices alongside continued interrogation of heteronormativity via analyses of talk-in-interaction. In this article, I offer an argument for juxtaposing the incongruent in order to further interrogate manifestations of heterosexism in lesbian, gay, bisexual, trans and queer (LGBTQ) people’s lives. In this case, accounts of others’ reactions to a happy event and to a sad experience. By drawing on two contrasting data corpuses – 124 people planning or in a civil partnership and 60 women who had experienced pregnancy loss – there is increased potential for understanding variation in ‘normative’ and/or heteronormative interpretations of LGBTQ lives. I suggest that, despite significant legal and structural gains for LGBTQ communities in a number of Western countries in recent years, and lively internal debates within the psychology of sexualities field, critical examination of manifestations of heterosexism should remain a central focus.

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This article examines the close connection between Protestantism and nationalism in Imperial Germany within a transnational context. In the years before 1914, the Prussian State Church in particular strengthened the legal and organisational framework for an increasing number of diaspora congregations to become attached. These acted as an important vehicle to embed the nationalist rhetoric produced within the Reich into emigrants' notions of belonging. Whilst previous scholarship has noted this connection in general, the article sheds more detailed light on the mechanics and structure, but also on the limits, of this process. Feedback processes from periphery to centre, in turn, had an impact on German national identity construction as that of a nation that was not confined to state borders. Applying a constructionist theoretical framework, the contested question of whether the heterogeneity of Germans abroad allows for the application of the diaspora concept is answered affirmatively.

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In prior research on false autobiographical beliefs and memories, subjects have been asked to imagine fictional events and have been exposed to false evidence that indicates that the fictional events occurred. But what are the relative contributions of imagination and false evidence toward false belief and memory construction? In the present study, subjects observed and copied various simple actions; then they viewed doctored videos that suggested that they had performed extra actions and they imagined performing some of those and some other actions. Subjects returned 2 weeks later for a memory test. False evidence or imagination alone was often sufficient to cause belief and memory distortions; in combination, they appeared to have additive or even superadditive effects. The results bear on the mechanisms underlying false beliefs and memories, and we propose legal and clinical applications of these findings. © 2009 The Psychonomic Society, Inc.

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The first decade of the twenty-first century has witnessed further growth in emerging markets, which is significantly influencing the global economic landscape. For the first time in almost two hundred years, it is in this decade that the emerging economies have caught up with, and raced ahead of, the developed ones in terms of gross domestic product. This is a trend that is likely to continue for some time as many of the developed economies struggle to recover from the global financial crisis. In particular, China and India as two fast growing economies are significantly contributing to the world economic growth and are the flag bearers of this transformation. Acknowledged as favourite destinations for global manufacturing (China) and services (India) related outsourcing, both nations offer huge growth opportunities in most products and services. However, in order to sustain their phenomenal economic growth of the past decades, both countries are facing a number of challenges to their human resource management (HRM). From a macro perspective, these issues tend to appear similar (e.g., attraction and retention of talent), but given the significant sociocultural, institutional, political, legal and other differences between the two nations, the logics underpinning the approaches to managing human resources issues appear somewhat different. This chapter therefore aims to highlight the key forces determining the nature of HRM in China and India. The chapter consists of three main sections, in addition to the Introduction and Conclusions.

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This article evaluates the way in which copyright infringement has been gradually shifting from an area of civil liability to one of criminal penalty. Traditionally, consideration of copyright issues has been undertaken from a predominantly legal and/or economic perspectives. Whereas traditional legal analysis can explain what legal changes are occurring, and what impact these changes may have, they may not effectively explain ‘how’ these changes have come to occur. The authors propose an alternative inter-disciplinary approach, combining legal analysis with critical security studies, which may help to explain in greater detail how policies in this field have developed. In particular, through applied securitisation theory, this article intends to demonstrate the appropriation of this field by a security discourse, and its consequences for societal and legal developments. In order to explore how the securitisation framework may be a valid approach to a subject such as copyright law and to determine the extent to which copyright law may be said to have been securitised, this article will begin by explaining the origins and main features of securitisation theory, and its applicability to legal study. The authors will then attempt to apply this framework to the development of a criminal law approach to copyright infringement, by focusing on the security escalation it has undergone, developing from an economic issue into one of international security. The analysis of this evolution will be mainly characterised by the securitisation moves taking place at national, European and international levels. Finally, a general reflection will be carried out on whether the securitisation of copyright has indeed been successful and on what the consequences of such a success could be.

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This dissertation analyzes the current status of emergency management professionalization in the United States and Florida using a qualitative case study. I investigate the efforts of various organizations at the national and state levels in the private and public sectors to organize emergency management as a profession. I conceptualize emergency management professionalization as occurring in two phases: the indirect institutionalization of the occupation of emergency management and the formal advancement toward an emergency management profession. The legislative, organizational, and procedural developments that occurred between approximately 1900 and the late 1970s became the indirect institutionalization of the occupation of emergency management. Over time, as our society developed and became increasingly complex, more disasters affect the security of the population. In order to adapt to increasing risks and vulnerabilities the emergency management system emerged and with it the necessary elements upon which a future profession could be established providing the basis for the formal advancement toward an emergency management profession. ^ During approximately the last twenty years, the formal advancement toward an emergency management profession has encompassed two primary strategies—certification and accreditation—motivated by the objective to organize a profession. Certification applies to individual emergency managers and includes all training and education. Accreditation of state and local emergency management agencies is reached by complying to a minimum level of proficiency with established standards of performance. Certification and accreditation are the mechanisms used to create an emergency management profession and thus act as axes around which the field of emergency management is organizing. ^ The purpose of this research is to provide a frame of reference for whether or not the field of emergency management is a profession. Based on sociology of professions literature, emergency management can be considered to be professionalizing. The current emergency management professionalization efforts may or may not be sufficient to achieve the ultimate goal of becoming a legitimate profession based on legal and public support for the exclusive right to perform emergency management tasks (monopoly) as well as self-regulation of those tasks (autonomy). ^

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Armed violence in Paraguay is not a recent phenomenon. During the second half of the XX Century, Paraguay saw the rise of a larger number of underground, revolutionary movements that sought the overthrow of the Alfredo Stroessner’s (1954-1989) government. From among those movements emerged the Partido Patria Libre (or, Free Fatherland, also known for its acronym PPL), made up of a two branches: one legal and the other one, operational. The latter was based on people’s power, as represented by “Ejército del Pueblo Paraguayo” (or, the Paraguayan People’s Army, with acronym EPP). After EPP broke with PPL in March 2008, this Marxist-oriented revolutionary project, which was apparently oriented to put an end to the social, political and economic inequalities in Paraguay, began to carry out markedly criminal activities, which included bank robberies, kidnappings, assassinations, terrorist attacks and armed confrontations. Its strategies and modus operandi utilized by the Armed Revolutionary Forces of Colombia (FARC). Paraguay features a farm sector in a state of crisis, in which cattle-ranchers, peasants and agro-exporting companies live in a constant strife. The Paraguayan Departments that are the most affected by this situation are Concepciόn, San Pedro, Canindeyú y Caazapá, which also suffer from a weak government presence. This deficiency has made these departments ripe for drug-trafficking activity by Brazilian groups such as Primer Comando Capital (i.e., First Capital command), also PCC and Comando Vermelho, (i.e., The Red Command). That is why many peasants, now recruited by EPP, have joined the drug-trafficking business and that, not only as marihuana growers but as “campanas” (i.e., early warning sentinels) for the organization. This helps shape their attitudes for their future involvement in all areas of drug-trafficking. Paraguayan society is the result of social inequity and inequality, such as those resulting from a lack of opportunity. Although Paraguay has successfully recovered from the last world economic crisis, economic growth, by itself, does not ensure an improvement in the quality of life. As long as such economic and social gaps persist and the government fails to enact the policies that would result in a more just society and toward EPP neutralization or containment, the latter is bound to grow stronger. In this context, the situation in Paraguay calls for more research into the EPP phenomenon. It would also seem necessary for Paraguay to promote an open national debate that includes all sectors of society in order to raise consciousness and to induce society to take actual steps to eliminate the EPP, as well as any other group that might arise in the immediate future. EPP has strong connections with the Frente Patriόtico Manuel Rodríguez in Chile and other armed groups and peasant movements in other countries of this region. Although most governments in the region are aware that the armed struggle is not a solution to current problems, it might be worth it to hold a regional debate about armed or insurgent groups in Latin American to seek common strategies and cooperation on dealing with them since the expansion of these armed groups is a problem for all.

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A life of piracy offered marginal men a profession with a degree of autonomy, despite the brand of "outlaw" and the fear of prosecution. At various times throughout history, governments and crowned heads suspended much of their piracy prosecution, licensing men to work as "privateers" for the state, supplementing naval forces. This practice has a long history, but in sixteenth-century England, Elizabeth I (1558-1603) significantly altered this tradition. Recognizing her own weakness in effectively prosecuting these men and the profit they could contribute to the government, Elizabeth began incorporating pirates into the English naval corps in peacetime—not just in war. This practice increased English naval resources, income, and presence in the emerging Atlantic World, but also increased conflict with the powerful Spanish empire. By 1605, making peace with Spain, James VI/I (1603-1625) retracted Elizabeth's privateering promotion, prompting an emigration of English seamen to the American outposts they had developed in the previous century. Now exiles, no longer beholden to the Crown, seamen reverted back to piracy. The Carolinas and Jamaica served as bases for these rover communities. In 1650, the revolutionary leader Oliver Cromwell (1649-1658) once again recognized the merits of such policies. Determined to demonstrate his authority and solidify his rule, Cromwell offered citizenship and state support to Caribbean exiles in exchange for their aiding of his navy in the taking of Spanish Jamaica. Official chartering of Port Royal, Jamaica served as reward for these men's efforts and as the culmination of a century-long cycle of piracy legislation, creating one of England's most lucrative colonies in the middle of a traditionally Spanish Caribbean empire. Through legal and diplomatic records, correspondence, and naval and demographic records from England and Spain, this dissertation explores early modern piracy/privateering policy and its impact on the development of the Atlantic World. European disputes and imperial competition converged in these piracy debates with significant consequences for the definitions of criminality and citizenship and for the development of Atlantic empire.

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The aim of the thesis is to develop a critique of current liberal conceptualizations of international order. In order to conduct this critique, this thesis revisits the arguments first put forth by the German legal and political theorist Carl Schmitt. Schmitt conceptualizes a tripartite unity between law, order, and place. This unity, established at the constituent moment of land-appropriation, forms a concrete nomos, which subsequently creates the contours of the legal and political order. The establishment of the concrete order is necessarily the construction of a territorial boundary that designates an inside and an outside of the polity. By speaking of a nomos of the earth, Schmitt globalized this understanding of concrete order by looking at the various historical developments that created a "line" between the concrete applicability of interstate norms and a region where the exceptional situation prevails. The critique presented in this thesis is concerned with the lack of concrete boundary conditions within the current international legal order. It is argued that this lack of a well-defined boundary condition is what results in extreme forms of violence that were traditionally bracketed.