Autoridad y legitimación

Este artículo se cuestiona sobre la posibilidad de fundamentación moral de las obligaciones políticas y de la legitimidad de la autoridad, dando una respuesta negativa. Así, se postula que no hay un deber moral de obediencia a la autoridad (política) a la vez que se propone, a partir de allí, una somera defensa del Estado de bienestar.

Descentralización y autonomía fiscal en el Ecuador: bases teóricas y tensiones jurídicas (Tema Central)

Presenta los elementos teóricos útiles para construir los significados y alcances de los términos “descentralización” y “autonomía”, así mismo, en vía de profundización, da cuenta de un análisis jurídico crítico del desenvolvimiento y rol de estas dos situaciones, dentro de la dinámica del poder público atinente a lo fiscal y tributario en el Ecuador. También identifica tensiones surgidas entre la legislación de la materia y algunas cláusulas de la Constitución, todo a partir de la óptica del gobierno autónomo descentralizado municipal o metropolitano, por tratarse de niveles gubernativos bastante consolidados en el país.

The complexity of social practice : understanding inertia and change in maternity care organizations

Beyond the limited efficiency and economy goals of neoliberal health policy lies the promise of genuine health services reform. In maternity care in particular, recent policy developments have sought to make the management of birth more ‘women-centred and family-friendly’. Interprofessional collaboration and greater consumer participation in policy and decision-making are key means to achieve this goal, but changing the entrenched system of medicalised birth remains difficult. Recent social contestation of maternity care has destabilised but not eradicated pervasive medical hegemony. Further reform requires analysis both of institutionalised patterns of power, and attention to the fluidity and situated knowledge shaping organisational and professional practices. Accordingly, this paper outlines a framework with which to explore the multi-layered social processes involved in implementing organisational and cultural change in maternity care. Analysis of social interventions in health systems, we suggest, can be advanced by drawing on strands from critical organization studies, complexity and critical discourse theories and social practice approaches.

The subjectivities of ‘included’ students with disabilities in schools

The contextual precept of this paper is to re-theorise inclusive education beyond technical rational solutions to the ‘problem’ of disability. Drawing on Foucauldian and critical disability theories, I make the case for the analysis of inclusive schooling through the lens of students’ ‘included’ subjectivities – notwithstanding the presence of diagnosed special educational needs. I contend that there is a theoretical mismatch between humanist inclusive schooling and the posthumanist position of disability: an epistemic fissure that impedes inclusive development. Through analysis of the voices of students with disabilities from two different schooling contexts in Australia and Spain, I demonstrate how fragmented virtues of normalcy suffused their subjectivities. I conclude the paper with a discussion of the roles that DisHuman disability studies might play in recasting inclusive schooling by troubling normative discourse.

A gestão estratégica no terceiro setor: estudo de caso numa organização eclesiástica

This study has the objective to evaluate until which extent the adoption of the strategic planning by the Presbyterian Church of Manaus (IPM) expresses its effective fitting within the strategic management paradigm, whose ethos is the predominance of the instrumental-strategic rationality and the market-orientated logic in the managerial actions. It is assumed as a research initial hypothesis that the adoption of this technique by IPM represented an instrumental-strategic managerial action and a deliberated incorporation of market-orientated managerial parameters, strengthening some of the organizational studies¿ ultimate conclusions about the colonization of the third sector¿s organizations by the capitalist system logic. The research method foresees: (a) a bibliographical review about the themes ¿critical social theories¿, ¿strategic management¿, ¿third sector¿ and ¿religious organizations sociology¿; and (b) a case study at IPM, religious organization established at the state of Amazonas, branch of the Presbyterian Church of Brazil (IPB) and socially active according to religious aims and related (social care, cultural, etc.).

The revenge of the market on the rentiers why neo-liberal reports of the end of history turned out to be premature

Starting from the perspective of heterodox Keynesian-Minskyian-Kindlebergian financial economics, this paper begins by highlighting a number of mechanisms that contributed to the current financial crisis. These include excess liquidity, income polarisation, conflicts between financial and productive capital, lack of intelligent regulation, asymmetric information, principal-agent dilemmas and bounded rationalities. However, the paper then proceeds to argue that perhaps more than ever the ‘macroeconomics’ that led to this crisis only makes analytical sense if examined within the framework of the political settlements and distributional outcomes in which it had operated. Taking the perspective of critical social theories the paper concludes that, ultimately, the current financial crisis is the outcome of something much more systemic, namely an attempt to use neo-liberalism (or, in US terms, neo-conservatism) as a new technology of power to help transform capitalism into a rentiers’ delight. And in particular, into a system without much ‘compulsion’ on big business; i.e., one that imposes only minimal pressures on big agents to engage in competitive struggles in the real economy (while inflicting exactly the opposite fate on workers and small firms). A key component in the effectiveness of this new technology of power was its ability to transform the state into a major facilitator of the ever-increasing rent-seeking practices of oligopolistic capital. The architects of this experiment include some capitalist groups (in particular rentiers from the financial sector as well as capitalists from the ‘mature’ and most polluting industries of the preceding techno-economic paradigm), some political groups, as well as intellectual networks with their allies – including most economists and the ‘new’ left. Although rentiers did succeed in their attempt to get rid of practically all fetters on their greed, in the end the crisis materialised when ‘markets’ took their inevitable revenge on the rentiers by calling their (blatant) bluff.

Perspectivas para uma teoria geral dos novos direitos: uma leitura crítica sobre a biodiversidade e os conhecimentos tradicionais associados

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Novos trilhos: a reinserção da área da estação ferroviária de Dracena no contexto urbano atual

Dracena, located in Presidente Prudente's region and founded in 1945, is a coffe and cotton's expansion and had your development by the advance of the Paulista Company of Railroads' tracks. For a long time the train was part of the city's and people's daily life. However, with the decline of rail trasport, the train station and a whole have become spaces without meaning and use. Thus, this final graduation work os Architecural and Urbanism course, aims to reintegrate in the urban área of Dracena Station and upgrade their space. To this end, based on the critical restoration theories and the projective references chosen were proposed the restoration of the railway station building and the creation of na annex for the Department of Culture. To enable the reintegration of the area into the urban fabric was proposed to create a linear park that provides a leisure space above the city and the lack of green areas. Preserving these spaces in a time when changes occur so quickly means keeping alive the memory and history of cities and allow new generations to take notice

Restrictive and Expansive Views of Equality: A Grounded Theory Study that Explores the Influence of Racial Consciousness on the Behaviors of White Faculty in the Classroom

Attempts to address the ever increasing achievement gap among students have failed to explain how and why educational traditions and teaching practices perpetuate the devaluing of some and the overvaluing of others. This predicament, which plagues our educational system, has been of increased concern, given the growing racial diversity among college students and the saturation of White faculty in the academy. White faculty make up the majority, 79%, of all faculty in the academy. White faculty, whether consciously or unconsciously, are less likely to interrogate how race and racism both privilege them within the academy and influence their faculty behaviors. The result of this cyclical, highly cemented process suggests that there is a relationship between racial consciousness and White faculty members' ability to employ behaviors in their classroom that promote equitable educational outcomes for racially minoritized students. An investigation of the literature revealed that racial consciousness and the behaviors of White faculty in the classroom appeared to be inextricably linked. A conceptual framework, Racial Consciousness and Its Influence on the Behaviors of White Faculty in the Classroom was developed by the author and tested in this study. Constructivist grounded theory was used to explore the role White faculty believe they play in the dismantling of the white supremacy embedded in their classrooms through their faculty behaviors. A substantive theory subsequently emerged. Findings indicate that White faculty with a higher level of racial consciousness employ behaviors in their classroom reflective of a more expansive view of equality in their pursuit of social justice, which they consider synonymous with excellence in teaching. This research bears great significance to higher education research and practice, as it is the first of its kind to utilize critical legal scholar Kimberlé Crenshaw's (1988) restrictive and expansive views of equality framework to empirically measure and describe excellence in college teaching. Implications for faculty preparation and continued education are also discussed.

Multilateral Interchange Fees: Competition and regulation in light of recent legislative developments. ECRI Research Report No. 14, 31 January 2014

Two-sided payment card markets generate costs that have to be distributed among the participating actors. For this purpose, payment card networks set an interchange fee, which is the fee paid by the merchant’s bank to the cardholder’s bank per transaction. While in recent years many antitrust authorities all over the world - including the European Commission - have opened proceedings against card brands in order to verify whether agreements to collectively establish the level of interchange fees are anticompetitive, the Reserve Bank of Australia – as a regulator - has directly tried to address market failures by lowering the level of interchange fees and changing some network rules. The US has followed with new legislation on financial consumer protection, which also intervenes on interchange fees. This has opened a strong debate not only on legitimacy of interchange fees, but also on the appropriateness of different public tools to address such issues. Drawing from economic and legal theories and a comparative analysis of recent case law in the EU and other jurisdictions, this work investigates whether a regulation rather than a purely competition policy approach would be more appropriate in this field, considering in particular, at EU level, all of the competition and regulatory concerns that have arisen from the operation of SEPA with multilateral interchange fees. The paper concludes that a wider regulation approach could address some of the shortcomings of a purely antitrust approach, proving to be highly beneficial to the development of an efficient European single payments area.

The gendered effects of family migration law: contextual interpretation as a possible judicial remedy

At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work). In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law). As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of countries with a particularly high incidence of immigrant women (Italy and Spain).

A relação entre o direito e a teoria econômica na jurisprudência do cade sobre tabelas médicas

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2015.

(inter)FACE: A Study of Black Families Advocating for their Children’s Education

Black students are consistently overrepresented in categories of academic underachievement. Parent engagement has long been touted as an effective strategy for improving the educational outcomes of Black children. However, most parent engagement research reflects deficit based perspectives frame Black parents as problems that must be fixed or mitigated before they can positively contribute to their children’s education. Consequently, parent engagement research and frameworks ignore the perspectives of Black parents and the assets they use to participate effectively in parent engagement. In this case study, I draw on individual and focus group interview data, documents, and observations, to examine how fifteen Black families, collectively known as FACE: 1) define and participate in parental engagement, 2) experience barriers to and opportunities for engagement, and 3) experience benefits of engagement for their children and their own personal development. Guided by Black Feminist and Critical Race Theories, I show how Black families in this study used a myriad of engagement strategies to improve their children’s educational experiences which were invisible to schools and how they used school-sanctioned engagement activities to meet their own objectives. Ultimately, I argue that school-centered parent engagement frameworks and models are ineffective for empowering Black families and accounting for the essential ways that these families contribute to the well-being of their children. Based on my findings, I discuss implications for theory, practice and policy, and research, and make recommendations for a more family-centered approach to parent engagement.

Bloods, crips and southern cross soldiers: gang identities in Australia

Drawing on contemporary critical social theories and diverse methodologies, A Critical Youth Studies for the 21st Century explores the educational, employment, cultural and embodied issues that confront young people, and those who work with ...