823 resultados para concept of derivative legal interpretation


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In this paper I discuss one of the most significant strategies in Spinoza’s theoretical approach against those that entrave its understanding in a very powerful way. As well as Descartes, Spinoza uses the inmediate or unreflexive experience for developing his conception of free will or the distinction between body and soul, but he does so in order to prove that the experience is useful to demonstrate some purely anti-Cartesian thesis that express the core principles of Spinozism.

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The famous althusserian concept “The ideological State apparatus” has the inconvenient of hiding what truly should have to be discussed: The Kind of State of which it is talking about. Mostly, avoids realizing the fact that the architecture of the modern State was thought of, precisely, as antidote against ideological control. The success and failures of this political project become then, very difficult to diagnose.

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The paper addresses the question of the stability of a democratic state and shows the shortcomings of the political and institutional structure for this purpose. It argues for the need of an additional factor of reasonableness as defined by John Rawls. We reflect on its articulation with rationality, its role regarding laws and the areas where its presence is crucial to the health and maintenance of a democratic political society. The analysis concludes by justifying the instrumental need of such faculty in the political arena as well as vindicating it as a mandatory civic duty.

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The notion of sediment-transport capacity has been engrained in geomorphological and related literature for over 50 years, although its earliest roots date back explicitly to Gilbert in fluvial geomorphology in the 1870s and implicitly to eighteenth to nineteenth century developments in engineering. Despite cross fertilization between different process domains, there seem to have been independent inventions of the idea in aeolian geomorphology by Bagnold in the 1930s and in hillslope studies by Ellison in the 1940s. Here we review the invention and development of the idea of transport capacity in the fluvial, aeolian, coastal, hillslope, débris flow, and glacial process domains. As these various developments have occurred, different definitions have been used, which makes it both a difficult concept to test, and one that may lead to poor communications between those working in different domains of geomorphology. We argue that the original relation between the power of a flow and its ability to transport sediment can be challenged for three reasons. First, as sediment becomes entrained in a flow, the nature of the flow changes and so it is unreasonable to link the capacity of the water or wind only to the ability of the fluid to move sediment. Secondly, environmental sediment transport is complicated, and the range of processes involved in most movements means that simple relationships are unlikely to hold, not least because the movement of sediment often changes the substrate, which in turn affects the flow conditions. Thirdly, the inherently stochastic nature of sediment transport means that any capacity relationships do not scale either in time or in space. Consequently, new theories of sediment transport are needed to improve understanding and prediction and to guide measurement and management of all geomorphic systems.

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Otto-von Guericke-Universität Magdeburg, Fakultät für Maschinenbau, Dissertation, 2016

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In recent years there has been a resurgence of gender inequality in China. Today, women are pressured to get married by the state and their social surroundings, as they told if they remain unmarried and have the "three highs"; high age, education and salary, they will become leftovers on the marriage market. Previous research on the concept of labelling women as "leftover" has 4 shown that labelling women as "leftover" can have several different negative impacts. In this thesis, both the theory of masculine hegemony and the theory of symbolic interaction have been used. The concept creates a hegemonic masculinity as it is a normative practice that promotes the subordination of women. However, as the concept is based on the notion that all Chinese men, or at least those of relevant social standing, would find the "three highs" undesirable, it is relevant to see how Chinese men in fact do position themselves in relation to the hegemonic masculinity on an individual level. In symbolic interaction, the concept of gender is created through social construction when people attach special meanings to the sex of a person, a process which is called "doing gender". Therefore symbolic interaction is used to see what special meaning Chinese men attach to women having the "three highs" and masculine hegemony to put their answers into a larger context. If it could be shown that Chinese men do not comply with the hegemonic masculinity, Chinese women would not have to feel obliged to adjust to the hegemonic masculinity and thereby making it easier for them to pursue higher education, high paying jobs and marrying at a later age. However, as this thesis is a qualitative study, and therefore a limited number of data subjects, the generalizability of the result should not be exaggerated. The interviews that were conducted for this thesis showed that the data subjects were familiar with the concept and that they considered it to be natural for there to be women China labelled as "leftover". Nevertheless, in relation to their own marital choices, the data subjects did not attach the negative meaning as set out by the hegemonic masculinity, a result which to some extent was confirmed by the data subjects’ experiences and other control questions. The result is interesting, and enforces Connell and MesserSchmidt’s theory, that even though a hegemonic masculinity is normative, not everyone has to comply with it. As the cornerstone of the concept is that Chinese men find women with the "three highs" undesirable, the result of the study shows that there is a need for the concept to be further examined and questioned.

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In this dissertation, I present the results of a project which aim was to find out and try an effective model of independent curatorial project executable in small and medium cities in Portugal. The concept of Moving Curatorial Project ARTMAP is a result of theoretical research and reflection about municipal exhibition spaces and possibility of presentation of the contemporary art in these spaces. To test if this curatorial project is realizable and if there are conditions to continue it, a first trial was implemented in Aveiro. A curated international exhibition, entitled “A Poética do Visual" occupied two municipal and two private gallery spaces and brought together 111 artists from 25 different countries. The art event was carried out in collaboration with the Municipality of Aveiro and the University of Aveiro, and involved several private cultural spaces in the city. This first experience showed that there are all conditions for the presentation of contemporary art in small and medium size locations in Portugal, and for this project to be replicated in other regions of the country.

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Is there a concept of nationhood in the Bible that can provide us with a framework for cross-cultural Christian mission? This thesis argues that current evangelical missiology has accepted too willingly the categories of the secular Enlightenment understanding of ethnicity and nationhood, and that it needs to rethink its understanding of nations from a biblical standpoint. While the pressures of globalisation are seen by some as rapidly eclipsing the nation-state, this thesis will argue that we need to move beyond the narrower secular categories of citizenship, political power and the boundaries of the state to recover a more biblical understanding of nationhood. By reference to Genesis 10-11, Acts 2:1-11 and those passages in the Book of Revelation that discuss the destiny of the nations, it will show that the biblical understanding of nations includes deeper ideas of shared history, culture and language as the essential components of nationhood. It will explain how nations are part of the created order, and explore the impact of the Babel narrative on our understanding of nations in relation to God. It will demonstrate that Pentecost did not reverse the curse of Babel, but served rather to honour the dignity and value of nations and their languages. It will also argue that nations have a destiny in the New Creation according to the Book of Revelation. This biblical concept of nationhood has significant implications in several areas: the development of a public theology; a Christian response to nationalism; the question of how urban mission fits within mission to the nations; and the importance of indigenous languages in cross-cultural mission, especially in the multicultural cities of Europe.

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May I start with two observations? First, men’s relations to feminism are problematic—there is always a gap, a gap between men and feminism; second, the gendering of men and masculinities is now recognised. There are several challenges here. The gender challenge concerns how to move from the presumed “genderlessness” of men towards the gender-consciousness of being a man/men. Another challenge concerns the “public/private,” the disruption of dominant narratives of “I” of men and the masculine “I.” There is also a temporal challenge, of moving away from simple linearity of the “I.” Together, these challenges can be seen as moving away from taken-for-granted “gender power-coherence” towards gender power-consciousness. To address these kinds of question means interrogating the uneven non-equivalences of what it means to be male, a man, masculine. This is not easily reduced to sex or gender. Rather gender/sex, or simply gex, helps to speak of such blurrings.

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This study analyzed the relationship between prosocial behavior and self-concept dimensions in a sample of 2022 Spanish students (51.1% males) of Compulsory Secondary Education. The prosocial behavior was measured with the Prosocial Behavior scale of the Teenage Inventory of Social Skills (TISS) and the self-concept was measured with the Self-Description Questionnaire-II (SDQ-II). Logistic regression analyses revealed that prosocial behavior is a positive and significant statistically predictor of high scores on the following self-concept dimensions: physical ability, parent relations, same-sex relations, opposite-sex relations, verbal, school, trustworthiness, and self-esteem. Those results were found in males, females and every Compulsory Secondary education year. However, prosocial behavior is not a significant statistically predictor of high scores on physical appearance, math, and emotional stability.

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Background: This article examines the concepts of low glycemic indices (GIs) and glycemic load (GL) foods as key drivers in the dietary management of type 2 diabetes as well as their shortcomings. The controversies arising from the analysis of glycemic index (GI) and GL of foods such as their reproducibility as well as their relevance to the dietary management of type 2 diabetes are also discussed. Methods: Search was conducted in relevant electronic databases such as: Pubmed, Google Scholar, HINARI, the Cochrane library, Popline, LILACS, CINAHL, EMBASE, etc to identify the current status of knowledge regarding the controversies surrounding management of diabetes with low GI and GL foods. Conclusion: This article suggests that in view of discrepancies that surround the results of GI versus GL of foods, any assay on the GI and GL of a food with the aim of recommending the food for the dietary management of type 2 diabetes, could be balanced with glycated hemoglobin assays before they are adopted as useful antidiabetic foods.

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Although widely debated, some of the defining professional characteristics of planners appear to be competencies in coordination , mediation and multidisciplinary working. Despite this, there is little pedagogical reflection on how interprofessional skills are promoted in planning programmes. This paper reflects on the experience of bringing together undergraduate students from medicine and planning to explore the concept of Healthy Urban Planning in a real life context of an urban motorway extension. This reveals a number of unexpected outcomes of such collaboration and points to the value of promoting interprofessional education, both as a way of increasing interest in some of the key challenges now facing society and in order to induce greater professional reflection amongst our students.

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Geography has almost become obsolete. The world’s goods and services can now be accessed instantaneously by electronic commerce. Small and medium sized countries have felt the cold winds of change blowing, and have adopted the “safety in numbers” philosophy. Regional organisations throughout the world have sprung up, with their original raison d'être the encouragement and development of regional trading blocks. Two of the most developed regional groupings are the EU/EC and NAFTA. These two organisations represent two quite different philosophies of regional trade groupings, with contrasting legal structures. The advent of Trade Globalisation, with the founding of the WTO has brought these two approaches into confrontation, as each side of the Atlantic Ocean tries to influence the development on the naissant WTO. This paper examines the two contrasting legal structures, and the conflict on an inter regional level that they are engendering.

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This paper aims to discuss some points on the concept of discursive formation’s formulation and application. I elaborate my point by putting in relation three French texts equally stated in Brazilian soil. Jean-Jacques Courtine, Jacques Guilhaumou and Dominique Maingueneau separately wrote each one of these three texts. Moreover, I have not randomly chosen their names: they are three authors who constitute concepts across theoretical formulations of Discourse Analysis in France, and, because of that, they are often cited in order to keep this area of knowledge in Brazil. So that my argument is justified by the need of analyzing, throughout the meeting of those three statements, an attempt to define the current status of the concept of discursive formation to the historical a priori for the Discourse Analysis’ discourse in Brazil. In order to be guaranteed of some theoretical approach, I turn my attention to the famous conference by Michel Foucault (1971), L’ordre du discours, in which he exposes four principles to examine the statement’s function of existence: specificity, inversion, discontinuity, and exteriority. Underlining the principle of specificity of a statement through the series of statements, I aim to demonstrate that a concept’s circulation does not depend on an ontological truth, or on a founding text, or on the specificity of a father; it is determined by the will to truth, which offers historical conditions to the underlying discursive practices.