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.

Closed form approximations for spread options

This article expresses the price of a spread option as the sum of the prices of two compound options. One compound option is to exchange vanilla call options on the two underlying assets and the other is to exchange the corresponding put options. This way we derive a new closed form approximation for the price of a European spread option and a corresponding approximation for each of its price, volatility and correlation hedge ratios. Our approach has many advantages over existing analytical approximations, which have limited validity and an indeterminacy that renders them of little practical use. The compound exchange option approximation for European spread options is then extended to American spread options on assets that pay dividends or incur costs. Simulations quantify the accuracy of our approach; we also present an empirical application to the American crack spread options that are traded on NYMEX. For illustration, we compare our results with those obtained using the approximation attributed to Kirk (1996, Correlation in energy markets. In: V. Kaminski (Ed.), Managing Energy Price Risk, pp. 71–78 (London: Risk Publications)), which is commonly used by traders.

Do soldiers' lives matter? A view from proportionality

A military operation is about to take place during an ongoing international armed conflict; it can be carried out either by aerial attack, which is expected to cause the deaths of enemy civilians, or by using ground troops, which is expected to cause the deaths of fewer enemy civilians but is expected to result in more deaths of compatriot soldiers. Does the principle of proportionality in international humanitarian law impose a duty on an attacker to expose its soldiers to life-threatening risks in order to minimise or avert risks of incidental damage to enemy civilians? If such a duty exists, is it absolute or qualified? And if it is a qualified duty, what considerations may be taken into account in determining its character and scope? This article presents an analytic framework under the current international humanitarian law (IHL) legal structure, following a proportionality analysis. The proposed framework identifies five main positions for addressing the above queries. The five positions are arranged along two ‘axes’: a value ‘axis’, which identifies the value assigned to the lives of compatriot soldiers in relation to lives of enemy civilians; and a justification ‘axis’, which outlines the justificatory bases for assigning certain values to lives of compatriot soldiers and enemy civilians: intrinsic, instrumental or a combination thereof. The article critically assesses these positions, and favours a position which attributes a value to compatriot soldiers’ lives, premised on a justificatory basis which marries intrinsic considerations with circumscribed instrumental considerations, avoiding the indeterminacy and normative questionability entailed by more expansive instrumental considerations.

Endogenous business cycles with frictional labour markets

We present a neoclassical model of capital accumulation with frictional labour markets. Under standard parameter values the equilibrium of the model is indeterminate and consequently displays expectations-driven business cycles – so-called endogenous business cycles. We study the properties of such cycles, and find that the model predicts the high autocorrelation in output growth and the hump-shaped impulse response of output found in US data – important features that existing endogenous real business cycle models fail to explain. The indeterminacy of the equilibrium stems from job search externalities and does not rely on increasing returns to scale as in most models.

Do real balance effects invalidate the Taylor principle in closed and open economies?

This paper examines the determinacy implications of forecast-based monetary policy rules that set the interest rate in response to expected future inflation in a Neo-Wicksellian model that incorporates real balance effects. We show that the presence of such effects in closed economies restricts the ability of the Taylor principle to prevent indeterminacy of the rational expectations equilibrium. The problem is exacerbated in open economies, particularly if the policy rule reacts to consumer-price, rather than domestic-price, inflation. However, determinacy can be restored in both closed and open economies with the addition of monetary policy inertia.

Borderline cases and the collapsing principle

John Broome has argued that value incommensurability is vagueness, by appeal to a controversial ‘collapsing principle’ about comparative indeterminacy. I offer a new counterexample to the collapsing principle. That principle allows us to derive an outright contradiction from the claim that some object is a borderline case of some predicate. But if there are no borderline cases, then the principle is empty. The collapsing principle is either false or empty.

"Join together, work together, for the common good - solidarity": village formation processes in the rural south of Laos

This article explores the concept of the solidary village in contemporary Laos. It argues that the "village" today is not a fixed, primordial entity, but a continually emergent formation resulting from numerous processes, including but not limited to modern state processes. The notion of "village" circulates in the ambiguous "common sense" pertaining to rural Laos, in the attitudes, expectations, representations, and regulated requirements of the rural, in what I term village formation projects. Case studies of "village formation projects" in one village in southern Laos illustrate not only the importance of the village concept, but also its indeterminacy and fluidity, and the ensuing difficulty of achieving the "solidarity" and cooperative donation required by poverty reduction policies.

Study of the Geelong Local Learning and Employment Network

In common with many Western nations, Australian governments, both state and federal, have increasingly embraced network-based approaches in responding to the effects of globalisation. Since 2001, thirty one Local Learning and Employment Networks (LLEN) have been established across all areas of Victoria, Australia in line with recommendations of a Ministerial Review into Post Compulsory Education and Training Pathways. That review reported that, in the globalised context, youth in transition from schooling to independence faced persistent and severe difficulties unknown to previous generations; it also found problems were frequently concentrated in particular groups and regions. LLEN bring together the expertise and experience of local education providers, industry, community organisations, individuals and government organisations. As a result of their local decisions, collaboration and community building efforts it is intended that opportunities for young people will be enhanced. My research was conducted within an Australian Research Council Linkage Project awarded to Deakin University Faculty of Education in partnership with the Smart Geelong Region LLEN (SGR LLEN). The Linkage Project included two separate research components one of which forms my thesis: a case study of SGR LLEN. My data was generated through participant observation in SGR LLEN throughout 2004 and 2005 and through interviews, reflective writing and archival review. In undertaking my analysis and presenting my thesis I have chosen to weave a series of panels whose orientation is poststructural. This approach was based in my acceptance that all knowledge is partial and fragmentary and, accordingly, researchers need to find ways that highlight the intersections in and indeterminacy of their empirical data. The LLEN is -by its nature as a network -more than the contractual entity that gains funding from government, acts as the administrative core and occupies the LLEN office. As such I have woven firstly the formation and operational structure of the bounded entity that is SGR LLEN before weaving a series of six images that portray the unbounded LLEN as an instance-in-action. The thesis draws its theoretical inspiration from the work of Deleuze and Guattari (1987). Despite increased use of notions of networks, local decision-making and community building by governments there had been little empirical research that explored stakeholder understandings of networks and their role in community building as well as a lack of theorisation of how networks actually ‘work.’ My research addresses this lack and suggests an instituted network can function as a learning community capable of fostering systemic change in the post compulsory education training and employment sector and thereby contributing to better opportunities for young people. However the full potential of the policy is undermined by the reluctance of governments to follow through on the implications of their policies and, in particular, to confront the limiting effects of performativity at all levels.

Second person : a point of view? The function of the second person pronoun in narrative prose fiction

This thesis looks at the functions and effects of the ‘second-person’ pronoun in narrative prose fiction, with particular focus on the fluidity and ambiguity of the mode that I will call Protean-'you.' It is a mode in which it is unclear whether the ‘you’ is a character, the narrator, a reader/narratee, or no-one in particular—or a combination of these—so that readers find ‘second-person’ utterances at once familiar and deeply strange. I regard the ‘second person’ as a special case of narrative ‘person’ that, at its most fluid, can produce an experience of reading quite unlike that of reading traditional ‘first-‘ and ‘third-person’ narrative. Essentially, this unique experience comes about because Protean-‘you’ neglects to constitute the stable modes of subjectivity that readers expect to find within narrative textuality. These stable modes of subjectivity, modelled on what I will refer to as Cartesianism’s hegemonic notion of the self, have been thoroughly formalised and naturalised within the practices of ‘first-‘ and ‘third-person’ narrative. The Protean-‘you’ form of ‘second-person’ narrative, conversely, is a mode of narrative discourse that puts readers in a place of doubt and uncertainty, its unsettling equivocations forcefully disrupting accustomed, mimetic explanations of narrative and denying us access to the foundational, authorising subject of classical Cartesian thought. Rather than founding a notion of ‘second-person’ narrative and narrative ‘person’ generally on Cartesianism's ‘self-ish’ logic of unified, privatised identity, I turn to C.S, Peirce's notion of the semiotic self and to developments in post-structuralist thought. Essentially, the conception of subjectivity underpinning my arguments is Peirce's proposition that the self is to be conceived of not as a cogito, but as a sign by which the conscious entity knows itself. It is a sign, moreover, that is constantly being re-read, reinterpreted, so that identity is never self-complete. This reconception of subjectivity is necessary because 1 will argue that the effects of Protean-‘you’ arise in some part from a tension between Cartesianism's hegemony and what philosophical pragmatism and post-structuralism glimpse as the actual condition of the human subject—the subject as dispersed and contingent rather than unified and authoritative. Most discussions of ‘second-person’ narrative conceive of the mode in terms of implicit communicative relations, in some measure instituting Cartesianism's notion of the intentionalist self at the centre of literary meaning. I contrast the paradigmatic address model that arises from this conception against a model that approaches the analysis of ‘second-person’ narrative modality in terms of a referential function, that is, in terms of the object or objects referred to deictically by the ‘second-person’ pronoun. Two principal functions of ‘second-person’ textuality are identified and discussed at length. The first is generalisation, which is rarely dissipated altogether, a situation that contributes to the ambiguities of the pronoun's reference in much ‘second-person’ fiction. The second principal function is that of address, that is, the allocutionary function. Clearly, although stories that continually refer to a ‘you’ can seem quite baffling and unnatural, not all ‘second-person’ narratives unsettle the reader. In order to make the ‘second person's’ outlandish narratives knowable and stable, we bring to bear on them in our habits of reading whatever hermeneutic frames, whatever interpretive keys, come to hand, including a large number of unexceptional forms of literary and ‘natural’ discourse that employ the ‘second-person’ pronoun. These forms include letter writing and internal dialogue (i.e., talking to one's self), the language of the courtroom, the travelogue, the maxim, and so on. In looking at the ways in which the radicalising potentials of ‘second-person’ discourse are contained or recuperated, I focus on issues of vraisemblance and mimesis. Vraisemblance can be described as the ‘system of conventions and expectations which rests on/reinforces that more general system of ‘mutual knowledge’ produced within a community for the realisation and maintenance of a whole social world’. All of the forms of the vraisemblable are already instituted within social, cultural relations, so that what vraisemblance describes is the way we fit the inscriptions we read-that is, the way in which we naturalise what we read-into those given cultural and social forms. I also look at the conventionalising and naturalising work done by notions of mimesis in explaining relations between the world, our being in it, and texts, proposing that mimesis provides a principle buttress by which the good standing of the metaphor of ‘person’ is preserved in traditional and pre-critical modes of analysis. Indeed, the critic’s recourse to ‘person’ is in some measure always an engagement with mimesis. Any discussion that maintains that mimesis is in some way productive of meaning-which this thesis in fact does-must identify mimesis as a merely conventional category within practices of reading and semiosis more generally, and at the very least remove that term from its traditional position of transparent primacy and authority. Some of the most interesting and insightful arguments about ‘second-person’ narrative propose that the ‘second person’s’ most striking effects derive from the constitution of an ‘intersubjective’ experience of reading in which the subject positions of the ‘you’-protagonist, reader-narratee and narrator are combined into a fluid and indeterminate multiple subjectivity. Notions of intersubjectivity frequently position themselves as liberating the reader from Cartesianism's fixed, authoritative modes of subjectivity, Frequently, however, they tend implicitly to reinstate Cartesianism's notion of the self at the centre of textual practice and subjectivity. I look at Daniel Gunn's novel ‘Almost You’, at length in this context, illustrating the constant overdetermination of the ‘you’ and the novel's narrating voice, and demonstrating that this overdetermination leaves the origin of the narrative discourse, the identity of the narrator, and the ontological nature of both principal protagonists utterly ambiguous. The fluidity and ambiguity of Protean-‘you’ in ‘Almost You’ is discussed in terms of ‘second-person’ intersubjectivity, but with a view to demonstrating the indebtedness by the notion of intersubjectivity to Cartesianism's hegemony of ‘person’. I then turn to a discussion of what might be a more ‘old fashioned’ if perhaps ultimately more far-reaching approach to the ‘second person’s’ often startling ambiguities. This is Keats's notion of negative capability, a capacity or quality in which a person ‘is capable of being in uncertainties, Mysteries, doubts, without any irritable reaching after fact and reason.’ I suggest that Protean-‘you’ texts will license all of the readings of ambiguity and fluidity proposed in my discussion of ‘Almost You’, but conclude that the instances of indeterminacy illustrate no more than that: the fluidity and deep ambiguity, and thus, finally, the lack of coherence, of Protean-‘you’ discourse. This has particular implications for how we are to consider readers’ experiences of narrative texts. More fundamentally, it has implications for how we are to consider readers as subjects. I suggest that unstable, ambiguous instances of ‘second-person’ narrative can tear the complex and systematic embroidery of ideological suture that unifies Cretinism’s experience or sense of subjectivity, leaving the reader in a condition of epistemological and ontological havoc. I go on to argue that much of the deeply unsettling effect of Protean-‘you’ discourse anises because its utterances explicitly gesture towards Cretinism’s notion of self. Protean-‘you’ involves a sense of address that is much more pronounced than we are accustomed to facing when reading literary narrative, alerting us to the presence of inscribed anthropomorphic subjects. At the very same time, protean-‘you’ leaves its inscribed subjects indeterminate, ambiguous. This conflict generates a tension between the anticipation of the emergence of speaking and listening selves and our inability to find them. I go on to propose that Protean-‘you’ narrative's lack of coherence is also to be understood as the condition of narrative actuality generally, but a condition that is vigorously mediated against by dominant practices of reading and writing, hocusing my discussion in this respect on the issue of narrative ‘person,’ I argue that narrative ‘person’ is constituted within texts as an apparent unity, but that it is in fact, produced as unitary solely within the practice of making sense, that is, Within our habits of reading, and so is never finally unified. I propose that this is the case for ‘first-‘ and ‘third-person’ modes no less than for the ‘second.’ Where ‘second-person’ narrative at its most radical and Protean differs from conventional ‘first-‘ and ‘third-person’ narratives is the degree to which each has been circumscribed by practices of tantalization, containment and limit, and, in particular, Cretinism’s hegemony of ‘person.’ It may be that the most significant insights ‘second-person’ narrative has to offer are to be found within its capacity to reveal to the engaged reader the underlying condition of narrative discourse, and more generally, its capacity to reveal the actual condition of the human subject-a condition in which, exactly like its textual corollary of narrative ‘person,’ the self is glimpsed as thoroughly dispersed and contingent.

On the determination of the number of factors using information criteria with data-driven penalty

As is well known, when using an information criterion to select the number of common factors in factor models the appropriate penalty is generally indetermine in the sense that it can be scaled by an arbitrary constant, c say, without affecting consistency. In an influential paper, Hallin and Liška (J Am Stat Assoc102:603–617, 2007) proposes a data-driven procedure for selecting the appropriate value of c. However, by removing one source of indeterminacy, the new procedure simultaneously creates several new ones, which make for rather complicated implementation, a problem that has been largely overlooked in the literature. By providing an extensive analysis using both simulated and real data, the current paper fills this gap.

Balanced-budget consumption taxes and aggregate stability in a small open economy

In a small open economy facing a perfect world capital market, this paper shows that if the government follows a balanced-budget fiscal policy based on endogenous consumption tax rates, then the steady state is saddle-path stable and hence beliefs-driven aggregate instability can be ruled out. This result is in contrast to those obtained in some closed economy models, and it suggests that unrestricted world capital mobility can help stabilize the economy under the balanced-budget fiscal policy based on consumption taxation.

O acordo de acionistas à luz do Código Civil de 2002

A constatação de grande indeterminação acerca da interpretação da Lei 6.404/76 em conjunto com o Código Civil suscitou o interesse em se discutir, através de um instituto específico da Lei Societária, o acordo de acionistas, contextualizado através de um caso concreto, a aplicação de princípios gerais dos contratos civis à referida lei específica. A separação dos diplomas trouxe uma série de questionamentos quanto à aplicação de princípios, como por exemplo, a boa-fé objetiva, na interpretação da norma societária. Portanto, a natureza contratual do acordo de acionistas, analisado na hipótese em que este não se encontra arquivado na sede da companhia, e sua inteira regulação pela legislação societária, constitui um exemplo paradigmático para emoldurar a referida discussão, promovida também na doutrina e na jurisprudência.

Avaliação da capacidade de adsorção do CO2 em zeólita 12X com gases sintéticos e originados da pirólise do lodo de esgoto

This work depicts a study of the adsorption of carbon dioxide on zeolite 13X. The activities were divided into four stages: study batch adsorption capacity of the adsorbent with synthetic CO2 (4%), fixed bed dynamic evaluation with the commercial mixture of gases (4% CO2, 1.11% CO, 1 2% H2, 0.233% CH4, 0.1% C3, 0.0233% C4 argon as inert closing balance), fixed bed dynamic modeling and evaluation of the breakthrough curve of CO2 originated from the pyrolysis of sewage sludge. The sewage sludge and the adsorbent were characterized by analysis TG / DTA, SEM, XRF and BET. Adsorption studies were carried out under the following operating conditions: temperature 40 °C (for the pyrolysis of the sludge T = 600 °C), pressures of 0.55 to 5.05 bar (batch process), flow rate of the gaseous mixture between 50 - 72 ml/min and the adsorbent masses of 10, 15 and 20 g (fixed bed process). The time for the adsorption batch was 7 h and on the fixed bed was around 180 min. The results of this study showed that in batch adsorption process step with zeolite 13X is efficient and the mass of adsorbed CO2 increases with the increases pressure, decreases with temperature increases and rises due the increase of activation temperature adsorbent. In the batch process were evaluated the breakthrough curves, which were compared with adsorption isotherms represented by the models of Langmuir, Freündlich and Toth. All models well adjusted to the experimental points, but the Langmuir model was chosen in view of its use in the dynamic model does not have implications for adsorption (indeterminacy and larger number of parameters such as occurred with others) in solving the equation. In the fixed bed dynamic study with the synthetic gas mixture, 20 g of mass adsorbent showed the maximum adsorption percentage 46.7% at 40 °C temperature and 50 mL/min of flow rate. The model was satisfactorily fitted to the three breakthrough curves and the parameters were: axial dispersion coefficient (0.0165 dm2/min), effective diffusivity inside the particle (dm2/min 0.0884) and external transfer coefficient mass (0.45 dm/min). The breakthrough curve for CO2 in the process of pyrolysis of the sludge showed a fast saturation with traces of aerosols presents in the gas phase into the fixed bed under the reaction process