Los nuevos saberes en el constitucionalismo ecuatoriano (Tema Central)

Para evitar una transformación formal y conducir un cambio constitucional sustancial se hace indispensable generar una construcción teórica en la que se sustenten los valores estructurales del constitucionalismo ecuatoriano como son el Sumak Kawsay y la justicia. Los nuevos saberes constitucionales son una motivación para transformar la práctica del derecho en el sistema de justicia ecuatoriano, porque no es suficiente el ejercicio tradicional del derecho para las exigencias del sistema constitucional actual. Es importante identificar que el cambio a lo nuevo ofrece resistencia en la práctica y exige creatividad para la transformación, circunstancia que se apega a la reparación integral que involucra el ejercicio de la justicia no como un ideal reservado para la teorización, sino que exige materialización.

Deber judicial de resolución y casos difíciles (Tema Central)

Resolver por parte de los operadores jurídicos y en los casos en los que el derecho aplicable es indeterminado, con mecanismos y técnicas que son asimismo imprecisas, genera ciertas consecuencias: en estos supuestos los jueces no cuentan con criterios nítidos que guíen su toma de decisiones. dado que la extensión de lo indeterminado es indeterminada, la indeterminación es ineliminable no solo del contenido de las reglas jurídicas sino también de los recursos y mecanismos interpretativos del derecho. Así sucede en los “casos difíciles”, en los que el “deber de resolución” que impone a los jueces el Estado de derecho deviene impreciso y de realización incierta.

Romanian politics: struggling with the grass roots and digging for democracy. EPIN Commentary No. 11, 29 August 2012

Romania was on a good trajectory to meet the European standards in democracy. This process began before the country’s accession to the EU in 2007 and has continued since thanks to the Cooperation and Verification Mechanism (CVM). The recent political turmoil has put in danger this trajectory. 2012 will continue to remain a very difficult year for Romania, economically and politically, especially in light of the referendum’s result invalidating the suspension of the President and the upcoming parliamentary elections due to take place at the end of this year. Now is time to restore the process of strengthening Romania’s democratic institutions and rule of law. There are important roles to be played in this process both by the Romanian political class and the European institutions.

Fast and frugal framing effects?

Three experiments examine whether simple pair-wise comparison judgments, involving the “recognition heuristic” (Goldstein & Gigerenzer, 2002), are sensitive to implicit cues to the nature of the comparison required. Experiments 1 & 2 show that participants frequently choose the recognized option of a pair if asked to make “larger” judgments but are significantly less likely to choose the unrecognized option when asked to make “smaller” judgments. Experiment 3 demonstrates that, overall, participants consider recognition to be a more reliable guide to judgments of a magnitude criterion than lack of recognition and that this intuition drives the framing effect. These results support the idea that, when making pair-wise comparison judgments, inferring that the recognized item is large is simpler than inferring that the unrecognized item is small.

Mixed Logit Model Performance and Distributional Assumptions: Preferences and GM foods

Using mixed logit models to analyse choice data is common but requires ex ante specification of the functional forms of preference distributions. We make the case for greater use of bounded functional forms and propose the use of the Marginal Likelihood, calculated using Bayesian techniques, as a single measure of model performance across non nested mixed logit specifications. Using this measure leads to very different rankings of model specifications compared to alternative rule of thumb measures. The approach is illustrated using data from a choice experiment regarding GM food types which provides insights regarding the recent WTO dispute between the EU and the US, Canada and Argentina and whether labelling and trade regimes should be based on the production process or product composition.

Less-is-more effects in knowledge-based heuristic inference

Inference on the basis of recognition alone is assumed to occur prior to accessing further information (Pachur & Hertwig, 2006). A counterintuitive result of this is the “less-is-more” effect: a drop in the accuracy with which choices are made as to which of two or more items scores highest on a given criterion as more items are learned (Frosch, Beaman & McCloy, 2007; Goldstein & Gigerenzer, 2002). In this paper, we show that less-is-more effects are not unique to recognition-based inference but can also be observed with a knowledge-based strategy provided two assumptions, limited information and differential access, are met. The LINDA model which embodies these assumptions is presented. Analysis of the less-is-more effects predicted by LINDA and by recognition-driven inference shows that these occur for similar reasons and casts doubt upon the “special” nature of recognition-based inference. Suggestions are made for empirical tests to compare knowledge-based and recognition-based less-is-more effects

Advanced skills teachers: professional identity and status

The teaching profession continues to struggle with defining itself in relation to other professions. Even though public opinion positions teachers second only to doctors and nurses in terms of their professional status and prestige research in the UK suggests that teachers still believe that they have much lower status than other professions. With teacher job satisfaction considerably lower today than the past and on-going issues with teacher recruitment and retention, new government policies have set out to enhance the status of teachers both within and outside of the profession. The Advanced Skill Teacher (AST) grade was introduced in 1998 as a means to recognise and reward teaching expertise and was framed as a way of also raising the status of the teaching profession. As to what a teaching professional should look like, the AST was in many ways positioned as the embodiment. Using survey data from 849 ASTs and in depth interviews with 31, this paper seeks to explores the ways that the AST designation impacts or not on teachers’ perceptions of their professional identity. In particular, the paper considers whether such awards contribute in positive ways to a teacher’s sense of professional identity and status. The results from the research suggest that teaching grades that recognise and reward teaching excellence do contribute in important ways to a teachers’ professional identity via an increased sense of recognition, reward and job satisfaction. The results from this research also suggest that recognising the skills and expertise of teachers is clearly important in supporting teacher retention. This is because as it allows highly accomplished teachers to remain where they want to be and that is the classroom.

Rights, citizenship and access to the countryside

This paper presents a reading of current UK Government policy on recreational access to the countryside of England, in terms of its citizenship and rights agenda. Given the continuity of traditional forms of land tenure and occupation, it is argued that the policy is less of recognition of the changing needs of a tranisitory society than it is a revisionist menifesto for resisting external influence and change. This is particularly so in terms of recreation, where the underlying organisation of the physical environment has been appropriated to reproduce a reflection of the social order which increasingly descriminates between culturally legitimate and illegitimate uses of rural space.

Critical slip and time dependence in sea ice friction

Recent research into sea ice friction has focussed on ways to provide a model which maintains much of the clarity and simplicity of Amonton's law, yet also accounts for memory effects. One promising avenue of research has been to adapt the rate- and state- dependent models which are prevalent in rock friction. In such models it is assumed that there is some fixed critical slip displacement, which is effectively a measure of the displacement over which memory effects might be considered important. Here we show experimentally that a fixed critical slip displacement is not a valid assumption in ice friction, whereas a constant critical slip time appears to hold across a range of parameters and scales. As a simple rule of thumb, memory effects persist to a significant level for 10 s. We then discuss the implications of this finding for modelling sea ice friction and for our understanding of friction in general.

Managing a duopolistic water market with confirmed proposals. An experiment

We report results from experimental water markets in which owners of two different sources of water supply water to households and farmers. The final water quality consumed by each type of consumer is determined through mixing of qualities from two different resources. We compare the standard duopolistic market structure with an alternative market clearing mechanism inspired by games with confirmed strategies (which have been shown to yield collusive outcomes). As in the static case, complex dynamic markets operating under a confirmed proposals protocol yield less efficient outcomes because coordination among independent suppliers has the usual effects of restricting output and increasing prices to the users. Our results suggest that, when market mechanisms are used to allocate water to its users, the rule of thumb used by competition authorities can also serve as a guide towards water market regulation.

Trans/national dis/connections: silenced networks and strained belongings with reference to Albinia Catherine MacKay and Una Marson

This paper seeks to examine the particular operations of gender and cultural politics that both shaped and restrained possible 'networked' interactions between Jamaican women and their British 'motherlands' during the first forty years of the twentieth century. Paying particular attention to the poetry of Albinia Catherine MacKay (a Scots Creole) and the political journalism of Una Marson (a black Jamaica), I shall seek to examine why both writers speak in and of voices out of place. MacKay's poems work against the critical pull of transnational modernism to reveal aesthetic and cultural isolation through a model of strained belonging in relation to both her Jamaica home and an ancestral Scotland. A small number of poems from her 1912 collection that are dedicated to the historical struggle between the English and Scots for the rule of Scotland and cultural self-determination, some of which are written in a Scottish idiom, may help us to read the complex cultural negotiations that silently inform the seemingly in commensurability of location and locution revealed in these works. In contrast, Marson's journalism, although less known even than her creative writings, is both politically and intellectually radical in its arguments concerning the mutual articulation of race and gender empowerment. However, Marson remains aware of her inability to articulate these convictions with force in a British context and thereby of the way in which speaking out of place also silences her.

Patient and public involvement in healthcare quality improvement: how organizations can help patients and professionals to collaborate

Citizens across the world are increasingly called upon to participate in healthcare improvement. It is often unclear how this can be made to work in practice. This 4- year ethnography of a UK healthcare improvement initiative showed that patients used elements of organizational culture as resources to help them collaborate with healthcare professionals. The four elements were: (1) organizational emphasis on nonhierarchical, multidisciplinary collaboration; (2) organizational staff ability to model desired behaviours of recognition and respect; (3) commitment to rapid action, including quick translation of research into practice; and (4) the constant data collection and reflection process facilitated by improvement methods.

Combates entre la memoria y la historia de Chile : Conflictos sobre el pasado reciente

The reestablishment of democracy in Chile has seen an intense debate about the events of the recent past, especially on the issue of human rights. From the very beginning, the Concertacion Government has been determined to discover the truth of the repression carried out by the national security forces with a series of commissions that have gathered the testimonies of victims and their relatives. These efforts have been resisted by conservative sectors linked to the dictatorship and the Armed Forces. There has been intense conflict in the media during the past 20 years about events that occurred during the rule of Salvador Allende and the Military Regime. In this regard, a great diversity of information has been produced which, together with the debate evoked, has enabled historians not only to rigorously and thoroughly reconstruct the operation of the state terror but also to explain how a significant sector of Chile’s civil society allowed that situation. This article presents, on one hand, different methodological tools in order to study the recent past and, on the other hand, the social discussion on how to do it.

Al-Mahdi - Gestalt och budskap : En litteraturstudie jämförande sudanesisk Mahdi och indisk Mahdi inom islam

Followers of three world religions, Judaism, Christianity and Islam are waiting for the Messiah. Muslims are even waiting for aspiritual leader al-Mahdi. Two different persons claimed the title of al-Mahdi, at the end of the nineteenth century. Theyappeared almost at the same time, at the totally different places of the earth, with a completely different message and underthe rule of the British colonial power. The aim of the study is to compare the both religious figures, Mirza Ghulam Ahmadfrom India and Muhammad Ahmad from Sudan regarding their different messages, to illustrate the social, political andreligious factors that lead to the entirely different profile and image of these two men and how their organizations havedeveloped after their death up till today. The result shows that the Sudanese Mahdi Muhammad Ahmad claimed hisMahdiship in the year 1881. He became a political leader in a time when Sudan was under the rule of a colonial power. Hetook advantage of the religion for personal purposes and tried to liberate his native country Sudan. The contemporaryMuslim clergy criticized him for his claim because the content of the Hadith traditions did not support his claim ofMahdiship. He maintained his sole right for the interpretation of religion and of the laws of Sharia. He made changes even inthe chief pillars of Islam by asserting that Jehad with sword was more imperative than the pilgrimage journey to Mecca. Heasserted that the Prophet Muhammad himself had entrusted him to launch the holy war against the non-believers. He hadimmense ambitions which were never fulfilled since he suddenly died four years after his claim for Mahdiship, in June 1885.This day his followers are organized as a political party in Sudan with a modest roll in the Sudanese politics. The IndianMahdi Mirza Ghulam Ahmad claimed in 1889 to be Mahdi, Mujaddid, Muhaddas, Messiah and a Prophet at a time of socialand political peace, though Islam as a religion was firmly pushed by the Hindu and Christian missionaries. He had no politicalambitions at all and was utterly loyal to the British colonial power. His mission was to crush the Cross and to demonstrateIslam’s excellence over all the religions of the world through overwhelming arguments. He proclaimed that Jesus was humanand a Prophet and not the son of God. Jesus survived from the cross and died a natural death after he had lived for manyyears. Ahmad claimed that God had commanded him to put stop to the religious wars. The contemporary Muslim clergyblamed him for being an imposter, melancholic and hypochondriac who had self invented the divine revelations. He died year1908, nineteen years after his claim and the communion he found is established today in more than hundred countries of theworld. Reasons for the breakdown of mission of the Sudanese Mahdi were that his objectives were political and he challengedthe colonial power with the sword. Another decisive factor was his sudden death merely four years after the beginning of hismission. Reasons for the success of Indian Mahdi were that his objectives were purely religious and he was wholly loyal to theforeign government. He survived nineteen years after the beginning of his mission which made it possible for him to create acommunion based on solid grounds. His followers continued on the same path and never engaged in local politics where everthey lived. For further studies it will be of great interest to study the life of Mirza Ghulam Ahmad and objectively examine thearguments he presented in support of his divine appointment. Furthermore it is enriching to study the organization andactivities of the Ahmadiyya Muslim community to explore if they are in accordance with the basic principles of Ahmad.