Capitalismo e direitos humanos de solidariedade: elementos para uma crítica

Nosso estudo busca identificar a conexão material entre o capitalismo e os direitos humanos de solidariedade. Esses direitos, segundo a teoria jurídica e as declarações internacionais, ao contemplarem toda a humanidade, ao conceberem o gênero humano como sujeito de direito, são a mais elevada expressão do progresso da consciência humana no que concerne a dignidade do homem e as ameaças contra a vida coletiva na Terra. Nós propomos, ao contrário, que os direitos humanos de terceira geração exprimem as formas mais abstratas do capitalismo depois da Segunda Guerra Mundial, especialmente aquelas que correspondem à finança e à mundialização do capital. A sociedade burguesa internacionalizada tornou-se ela mesma, em suas categorias fundamentais, mais abstrata, e as categorias jurídicas seguiram este mesmo movimento. E de modo similar ao que sucede com os direitos humanos de primeira geração e de segunda geração, as palavras charmosas apresentadas pelo humanismo jurídico portam, discretamente, a exploração capitalista. Os direitos ao patrimônio comum da humanidade, ao meio ambiente sadio, ao desenvolvimento e mesmo o direito à paz, cada um deles reproduz os meios de apropriação e organização capitalista do imperialismo os mesmos meios que dão suporte aos lucros privados sobre os bens coletivos, que mantêm a dominação imperialista e que preparam as guerras no interior do sistema de Estados. O idealismo e a visão romântica sobre os direitos humanos escondem esta contradição, e é preciso expô-la, é preciso superar a ideologia jurídica. Nossa crítica marxista, realizada pela crítica do capital e de sua forma jurídica em escala internacional, é um esforço nesta direção.

Everyday Indivisibility: How Exclusive Religious Practices Explain Variation in Subnational Violence Outcomes

This project explores the puzzle of religious violence variation. Religious actors initiate conflict at a higher rate than their secular counterparts, last longer, are more deadly, and are less prone to negotiated termination. Yet the legacy of religious peacemakers on the reduction of violence is undeniable. Under what conditions does religion contribute to escalated violence and under what conditions does it contribute to peace? I argue that more intense everyday practices of group members, or high levels of orthopraxy, create dispositional indivisibilities that make violence a natural alternative to bargaining. Subnational armed groups with members whose practices are exclusive and isolating bind together through ritual practice, limit the acceptable decisions of leaders, and have prolonged timeframes, all of which result in higher levels of intensity, intransigence and resolve during violent conflict. The theory challenges both instrumentalist and constructivist understandings of social identity and violence. To support this argument, I construct an original cross-national data-set that employs ethnographic data on micro-level religious practices for 724 subnational armed groups in both civil wars and terror campaigns. Using this data, I build an explanatory “religious practice index” for each observation and examine its relationship with conflict outcomes. Findings suggest that exclusive practice groups fight significantly longer with more intensity and negotiate less. I also apply the practice model to qualitative cases. Fieldwork in the West Bank and Sierra Leone reveals that groups with more exclusive religious practicing membership are principle contributors to violence, whereas those with inclusive practices can contribute to peace. The project concludes with a discussion about several avenues for future research and identifies the practical policy applications to better identify and combat religious extremism.

New Middle East Cold War: Saudi Arabia and Iran's Rivalry

The competing powers of Saudi Arabia and Iran continue to redress and reverse the strategic imbalance and direction of the Middle East’s regional politics. The 1979 Iranian Revolution catapulted these two states into an embittered rivalry. The fall of Saddam Hussein following the 2003 U.S. led invasion, the establishment of a Shi’ite Iraq and the 2011 Arab Uprisings have further inflamed tensions between Saudi Arabia and Iran. Iran and Saudi Arabia have not confronted each other militarily, but rather have divided the region into two armed camps on the basis of political and religious ideology in seeking regional allies and promulgating sectarianism as they continue to exploit the region’s weak states in a series of proxy wars ranging from conflicts in Iraq to Lebanon. The Saudi-Iranian strategic and geopolitical rivalry is further complicated by a religious and ideological rivalry, as tensions represent two opposing aspirations for Islamic leadership with two vastly differing political systems. The conflict is between Saudi Arabia, representing Sunni Islam via Wahhabism, and Iran, representing Shi’ite Islam through Khomeinism. The nature of the Saudi-Iranian rivalry has led many Middle East experts to identify their rivalry as a “New Middle East Cold War.” The Saudi-Iranian rivalry has important implications for regional stability and U.S. national security interests. Therefore, this thesis seeks to address the question: Is a cold war framework applicable when analyzing the Saudi Arabian and Iranian relationship?

Causation and Harm in a Multicomponent World

On September 17, 2015, the Federal Circuit issued another decision in the epic Apple v. Samsung smartphone war. This was the fourth court decision in the ongoing saga to deal with injunctions. Apple IV explained the level of proof necessary to satisfy the "causal nexus" requirement. This requirement had emerged as a response to patent litigations involving products with thousands of features, the vast majority of which are unrelated to the asserted patent. To prove a causal nexus, patentees seeking an injunction have to do more than just show that the infringing product caused the patentee irreparable harm. The harm must be specifically attributable to the infringing feature. In Apple IV, the Federal Circuit noted that proving causation was "nearly impossible" in these multicomponent cases. So it decided to water down the causal nexus requirement saying that it was enough for Apple to show that the infringing features were "important"and customer sought these particular features. This lower standard is an ill-advised mistake that leaves multicomponent product manufacturers more susceptible to patent holdup. My critique takes two parts. First, I argue that a single infringing feature rarely, if ever, "causes" consumers to buy the infringer’s multicomponent products. The minor features at issue in Apple IV illustrate this point vividly. Thus, the new causal nexus standard does not accurately reflect how causation and harm operate in a multicomponent world. Second, I explain why the court was so willing to accept such little evidence of real injury. It improperly applied notions of traditional property law to patents. Specifically, the court viewed patent infringement as harmful regardless of any concrete consequences. This view may resonate for other forms of property where an owner's rights are paramount and a trespass is considered offensive in and of itself. But the same concepts do not apply to patent law where the Supreme Court has consistently said that private interests must take a back seat to the public good. Based on these principles, the courts should restore the "causal nexus" requirement and not presume causation.

El periodismo de paz como paradigma de comunicación para el cambio social: características, dimensiones y obstáculos

El periodismo de paz constituye un paradigma orientado al cambio social cuyo principal objetivo es dotar a los profesionales de la comunicación de herramientas analíticas y prácticas que les permitan abordar el conflicto de manera constructiva y éticamente responsable. Supone un desafío a la forma de interpretar los propios conflictos, las relaciones entre medios de comunicación y sociedad y el rol que los periodistas pueden o deben jugar en contextos de esta naturaleza. En el presente artículo se plantea una revisión teórica del periodismo de paz que nos va a permitir reformularlo conceptualmente, delimitar sus dimensiones y establecer los obstáculos o límites que, dadas las características del sistema mediático hegemónico, dificultan hoy en día su éxito como modelo de comunicación, clave en la construcción de una cultura de paz.

Guerras europeas, conflictos civiles, proyectos nacionales. Una interpretación de las restauraciones napolitanas (1799-1866)

La elección de examinar la contrarrevolución a través de sus mayores éxitos, las cuatro restauraciones victoriosas, y su derrota, la restauración fallida, puede enriquecer las perspectivas tradicionales sobre la resistencia y la crisis del Reino de las dos Sicilias. Los conflictos europeos, las guerras civiles, las construcciones estatales y la creación de identidades nacionales modernas son fenómenos que se entrecruzan con la complicada historia del reino napolitano. A través de la perspectiva de las restauraciones, bien dinásticas (1799 y 1815), o bien absolutistas (1821 y 1849), podemos insertar en un esquema interpretativo general la dialéctica entre conflicto interno y crisis internacionales, la interrelación con la formación de las ideas y adscripciones nacionalistas y la comparación con la contrarrevolución en el mundo borbónico. El paradigma del conflicto nos permite también el contraste con el más amplio mundo borbónico, francés y, sobre todo, iberoamericano. De este modo podemos reflexionar tanto sobre el éxito del legitimismo napolitano como sobre los términos de su derrota en 1860 y sobre las razones de su reciente fortuna en el imaginario colectivo italiano.

Muro Mediterráneo: búnkeres y baterías para la defensa del litoral (1936-1939)

The Mediterranean wall, which is a collection of defensive constructions along the coast, was built during the Spanish War (1936-39) to prevent enemy attacks. It´s called this way like the Atlantic Wall, which was built after the Second World War. These group of buildings consist of batteries, bunkers and barracks placed along the coastline, sometimes next to another kind of infrastructure. Its location (typical of a military strategy) and its peculiar morphology are like another ones: the historical watchtowers ones. They were built by the Kingdom of Spain in the same geography four centuries earlier although, in our case, the buildings are updated to the conditions of contemporary wars: camouflage against air raids. A collection of anti-aircraft devices, placed along the coast since the late 1937, were risen following the instructions of the Valencian State to defend both citizens and cities from the aviation´s bombings. The following military settlements, organized from North to South, are part of the most relevant ones of the coast of Alicante: the Denia and Javea ones, the North of Alicante and Southwest of Alicante ones, the Portichol one, the Galvany´s Clot one and, finally, the Cape and Bay of Santa Pola ones. Remains of more than 60 architectural elements, that document the first concrete´s ruins, are still there. This paper tries to document all of them (providing their location, their morphological genealogy and including some drawings of the current state) to contribute to their revaluation and to help to their necessary protection. They are a legacy of architectural heritage which consolidates and increases the memory of our culture.

The Conservation of our Built Heritage, in Particular Statues in Aberdeen, Evaluated Through a Social and Historical Context and Their Impact, Through the Use of 3D Scanning

Cultural heritage sites all over the world are at risk due to aggressive urban expansion, development, wars and general obsolescence. Not all objects are recorded in detail although they may have social and historical significance. For example more emphasis is placed on the recording of castles and palaces than on crofters’ cottages or tenement blocks, although their history can be just as rich. This paper will investigate the historic fabric of Aberdeen through the use of digital scanning, supported by a range of media including old photographs and paintings. Dissemination of social heritage through visualisations will be explored and how this can aid the understanding of space within the city or specific area. Focus will be given to the major statues/monuments within the context of the city centre, exploring their importance in their environment. In addition studying why many have been re-located away from their original site, the reasons why, and how we have perhaps lost some of the social and historical importance of why that monument was first located there. It will be argued that Digital Media could be utilised for much more than re-creation and re-presentation of physical entities. Digital scanning, in association with visualisation tools, is used to capture the essence of both the cultural heritage and the society that created or used the sites in association with visualisation tools and in some way re-enacting the original importance placed upon the monument in its original location, through adoption of BIM Heritage.

Records of the Debating Club of Resident Graduates, 1792-1793

This journal contains minutes from meetings held from February 1792 through October 1793. These minutes include the names of participants and the questions and arguments which were debated, including: whether or not French slaves in the West Indies should be emancipated; whether or not reading novels was beneficial; whether sermons were more effective when memorized than when simply read; whether theater contributed to corrupt morals; whether drunkenness or gambling was more detrimental to society; and whether or not French assistance to the colonies in their Revolutionary War provided sufficient cause for the United States to join with France in its own wars. Most of the topics of debate centered on religion, government and education. Several entries also include notes on related topics of discussion, including the reasons for Native American tribes' hostilities against federal authorities, and there are several references to published works which were cited and consulted in the course of debate.

Letters from William Tudor to his family,

Three letters written from Tudor to his family from London. Among the subjects about which he writes include the fruit and vegetable bushes and seeds he is sending to Rockwood, the family estate, as well as his impressions of London society and weather. He also writes about political issues, including the Napoleonic Wars, unification in Ireland, and the challenges of being an American in trade in England.

Letter from William Tudor to his family,

Four letters written from Tudor to his family while he was traveling in France in 1800 and 1802. In two letters, he describes in detail his capture by a French privateer aboard the ship Minerva in the spring of 1800. He also discusses the business activities of "Mr. C" (John Codman), his employer. Tudor additionally describes the French countryside and the impact of the French Revolutionary Wars on the cities.

Letters from William Tudor to his brother, Frederic Tudor,

Four letters written from London in which Tudor details his efforts to obtain licenses to export ice to Jamaica and Barbados from the British Board of Trade. He also comments on the Napoleonic Wars and the Monroe–Pinkney Treaty.

Letters from Degen, Purviance & Co. to William Tudor,

Four letters, several including price circulars for various goods and foodstuffs. Also discussed is the impact of the Napoleonic Wars on trade.

Letters from John Murray Forbes to William Tudor,

Six letters regarding ongoing civil wars in the Argentinean provinces, peace negotiations, and Forbes’ implementation of the Monroe Doctrine, as well as diplomatic discussions with the provisional government in Buenos Aires, which sought American intervention. Forbes also includes a copy of a letter he wrote to the provisional government regarding privateering.

Journal of the British expedition from Detroit to Vincennes and its defeat by George Rogers Clark : manuscript, 1778-1782

Account of the British forces' expedition which captured Vincennes, Indiana in Dec. 1778, with an account of their eventual defeat in 1779 at the Battle of Vincennes by the American Revolutionary forces led by Col. George Rogers Clark.