Existencia del derecho penal del enemigo en el derecho penal internacional

Sin duda alguna, el debate sobre el derecho penal del enemigo es una cuestión que está revolucio­nando el mundo del derecho, en general, y el derecho internacional en particular. Es un debate de actualidad que está llamando la atención de la comunidad académica, en tanto se plantea y se avizora un problema de fondo, en cuanto a la efectiva protección de los derechos humanos, por encima de un discurso de seguridad, que se viene planteando como eje central en la comunidad internacional, en la lucha contra el terrorismo y como estrategia jurídico-política al interior de Estados que dicen llamarse democráticos. Esta situación está revolucionando desde cualquier punto de vista la concepción tradicional del derecho, violentando flagrantemente la dignidad humana como eje central del Estado Social de Derecho, al poner en práctica lo que Jakobs denomina “dere­cho penal del enemigo”, práctica que también se viene fortaleciendo y traspasándose del ejercicio del ius puniendi de los Estados, como manifestación de soberanía, al derecho penal internacional.Abstract Without any doubt, the debate about the penal right of the enemy is a question that is revolutionizing the world of law in a general level, and international right in particular. It is a current debate that is drawing the attention of the academic community, as it poses as a basic problem: the effective protection of the human rights, over a security discourse which is presented as central in the international community in the fight against terrorism, and as a legal-political strategy to the interior of the so called democratic States. This situation is revolutionizing, from different points of view, the traditional conception of law, flagrantly violenting the human dignity as the central axis of the Social State of Right, putting in practice what Jakobs denominates “Criminal law for the enemy”. This practice is being fortified and transferring from the exercise of ius puniendi of the States, as manifestation of sovereignty, to the international penal right.

Despesa e redistribuição na segurança social em Portugal : análise da reforma de 2007

Tese de doutoramento, Ciências Sociais (Sociologia Política), Universidade de Lisboa, Instituto de Ciências Sociais, 2015

The Political and Social Dynamics of Poverty, Poor Relief and Health Care in Early-Modern Portugal

By the end of the fifteenth century most European countries had witnessed a profound reformation of their poor relief and health care policies. As this book demonstrates, Portugal was among them and actively participated in such reforms. Providing the first English language monograph on this topic, Laurinda Abreu examines the Portuguese experience and places it within the broader European context. She shows that, in line with much that was happening throughout the rest of Europe, Portugal had not only set up a systematic reform of the hospitals but had also developed new formal arrangements for charitable and welfare provision that responded to the changing socioeconomic framework, the nature of poverty and the concerns of political powers. The defining element of the Portuguese experience was the dominant role played by a new lay confraternity, the confraternity of the Misericórdia, created under the auspices of King D. Manuel I in 1498. By the time of the king's death in 1521 there were more than 70 Misericórdias in Portugal and its empire, and by 1640, more than 300. All of them were run according to a unified set of rules and principles with identical social objectives. Based upon a wealth of primary source documentation, this book reveals how the sixteenth-century Portuguese crown succeeded in implementing a national poor relief and health care structure, with the support of the Papacy and local elites, and funded principally through pious donations. This process strengthened the authority of the royal government at a time which coincided with the emergence of the early modern state. In so doing, the book establishes poor relief and public health alongside military, diplomatic and administrative authorities, as the pillars of centralisation of royal power.

Financing local development through crowdfunding: An empirical analysis of social projects in Portugal

Crowdfunding (CF) is an increasingly attractive source to fund social projects. However, to our best knowledge, the study of CF for social purposes has remained largely unexplored in the literature. This research envisages a detailed examination of the role of CF on the early-stage of the social projects at regional level. By comparing the characteristics of the projects available in the Portuguese Social Stock Exchange (PSSE) platform with others that did not use this source of financial support, we explore its role on regional development. The results we got show that, in most cases, both PSSE and Non-Governmental Organizations projects complemented the services offered by the State or by the private sector. Furthermore, about a quarter of the projects present in PSSE operated in areas that were not being addressed neither by the services offered by the State nor by the ones of the private sector. The results attained show that more recent social ventures have a greater propensity to use PSSE. The same is find in those organizations which work closely with the target audience. We also observed that the use of PSSE was correlated with the geographical scope of the Social Venture. The circumstance of having the social organization acting at a local or regional level seems to be strongly associated with the possibility of using social crowdfunding for financing social projects.

Princípios de responsabilidade social : como vão as coisas nas pequenas e médias empresas do Portugal periférico?

O presente trabalho aborda a problemática da Responsabilidade Social Empresarial no âmbito das Pequenas e Médias Empresas, e corresponde à dissertação exigida para conclusão do Mestrado em Gestão da Universidade de Évora. Analisa-se o 'estado da arte' naquela matéria, verifica-se que o problema da responsabilidade social não é uma novidade das últimas décadas e apresenta-se o resultado da aplicação no Alentejo de um inquérito utilizado no Brasil pela Ethos-Sebrae para medir a consciencialização das PME relativamente às questões da Responsabilidade Social. Conclui-se pela necessidade de implementar acções de formação, sensibilização e assessoria, junto dos pequenos empresários, através de Instituições sem fins lucrativos. ABSTRACT: This work is focused on the subjects of small and medium size enterprises concerning the Corporate Social Responsibility (CSR), and it is the required exposition for the conclusion of the Master’s degree in Management given by the University of Évora. lt contains the analysis of the "state of the art" in this subject, confirming that the problem of social responsibility is not a new concern in the last decades. Besides it presents the result of the application in Alentejo of an inquire used in Brazil by Ethos- Sebrae to measure the level of conscience of the small and medium size companies in what concerns to their social responsibility. lt comes to the conclusion it is required that non-profit institutions should implement workshops, actions of awareness and advisory directed to small enterprisers.

A quite unreasonable state of affairs : corporate social responsibility and the John Lewis Partnership

On the surface the subjects of Corporate Social Responsibility (CSR) and Critical Management Studies (CMS) seem to be closely related. Both are concerned with reflecting on the impact of management and organisation on employees, the wider community and the environment. Both suggest that there may be a need for organisations to take responsibility for and account of people other than shareholders and both have used the concept of accountability to suggest that organisations may need to do more than just comply with the legal framework.

Social studies disciplinary knowledge: Tensions between state curriculum and national assessment requirements

In this chapter, we are particularly concerned with making visible the general principles underlying the transmission of Social Studies curriculum knowledge, and considering it in light of a high-stakes mandated national assessment task. Specifically, we draw on Bernstein’s theoretical concept of pedagogic models as a tool for analysing orientations to teaching and learning. We introduce a case in point from the Australian context: one state Social Studies curriculum vis-a-vis one part of the Year Three national assessment measure for reading. We use our findings to consider the implications for the disciplinary knowledge of Social Studies in the communities in which we are undertaking our respective Australian Research Council Linkage project work (Glasswell et al.; Woods et al.). We propose that Social Studies disciplinary knowledge is being constituted, in part, through power struggles between different agencies responsible for the production and relay of official forms of state curriculum and national literacy assessment. This is particularly the case when assessment instruments are used to compare and contrast school results in highly visible web based league tables (see, for example, http://myschoolaustralia.ning.com/).

Separation/Divorce Sexual Assault: The Current State of Social Scientific Knowledge

Many contend that the logical solution to woman abuse in marriage/cohabitation is for women to exit through legal separation, divorce, or other means. However, a growing body of empirical work shows that separation or divorce does not necessarily solve the problem of woman abuse. For example, in addition to experiencing lethal or nonlethal forms of physical violence and psychological abuse, many women who try to leave, or who have left their male partners, are sexually assaulted. The main objective of this paper is to critically review the extant empirical and theoretical work on separation/divorcesexual assault. Suggestions for future research and theorizing are also provided.

Nonprofit organisations face a restructuring state : the case of local social services in the Hunter region of New South Wales

This paper is concerned with certain of the characteristics of local social services, and their role in a restructuring Australian welfare state. I am particularly concerned with the distinctive gender characteristics of these organisations, because in comparison with most other organisations they have a feminised quality. This partly mirrors women's traditional role of undertaking the major part of the caring labour of society. However, simultaneously work in these organisation deviates from more traditional patterns where employed women occupy subordinate positions. In many community organisations, women occupy leadership roles. The analysis here is concerned with the apparently paradoxical nature of these organisations in their capacity to entrench traditional gender roles and to challenge these by allowing women to fill management positions. It is also concerned to examine whether changes that have been occurring in the community services sector over the last two decades are likely to enhance women's general position in the society, or diminish the power exercised by women. The paper draws in a preliminary way on a study of local services in the Hunter Region of NSW undertaken in the latter half of 1992. These preliminary findings are set against the broader picture of developments in the contemporary welfare state.

The state-of-the-art in personalized recommender systems for social networking

With the explosion of Web 2.0 application such as blogs, social and professional networks, and various other types of social media, the rich online information and various new sources of knowledge flood users and hence pose a great challenge in terms of information overload. It is critical to use intelligent agent software systems to assist users in finding the right information from an abundance of Web data. Recommender systems can help users deal with information overload problem efficiently by suggesting items (e.g., information and products) that match users’ personal interests. The recommender technology has been successfully employed in many applications such as recommending films, music, books, etc. The purpose of this report is to give an overview of existing technologies for building personalized recommender systems in social networking environment, to propose a research direction for addressing user profiling and cold start problems by exploiting user-generated content newly available in Web 2.0.

National and state-level politics on social media : Twitter, Australian political discussions, and the online commentariat

This paper examines the use of Twitter for long-term discussions around Australian politics, at national and state levels, tracking two hashtags during 2012: #auspol, denoting national political topics, and #wapol, which provides a case study of state politics (representing Western Australia). The long-term data collection provides the opportunity to analyse how the Twitter audience responds to Australian politics: which themes attract the most attention and which accounts act as focal points for these discussions. The paper highlights differences in the coverage of state and national politics. For #auspol, a small number of accounts are responsible for the majority of tweets, with politicians invoked but not directly contributing to the discussion. In contrast, #wapol stimulates a much lower level of tweeting. This example also demonstrates that, in addition to citizen accounts, traditional participants within political debate, such as politicians and journalists, are among the active contributors to state-oriented discussions on Twitter.

Pressure state response-based method for evaluating social benefits from smart grid development

In this paper, the inherent mechanism of social benefits associated with smart grid development is examined based on the pressure state response (PSR) model from resource economics. The emerging types of technology brought up by smart grid development are regarded as pressures. The improvements of the performance and efficiency of power system operation, such as the enhanced capability of accommodating renewable energy generation, are regarded as states. The effects of smart grid development on society are regarded as responses. Then, a novel method for evaluating social benefits from smart grid development is presented. Finally, the social benefits from smart grid development in a province in northwest China are carried out by using the developed evaluation system, and reasonable evaluation results are attained.

Social media in selected Australian federal and state election campaigns, 2010-15

Campaigning in Australian election campaigns at local, state, and federal levels is fundamentally affected by the fact that voting is compulsory in Australia, with citizens who are found to have failed to cast their vote subject to fines. This means that - contrary to the situation in most other nations – elections are decided not by which candidate or party has managed to encourage the largest number of nominal supporters to make the effort to cast their vote, but by some 10-20% of genuine ‘swinging voters’ who change their party preferences from one election to the next. Political campaigning is thus aimed less at existing party supporters (so-called ‘rusted on’ voters whose continued support for the party is essentially taken for granted) than at this genuinely undecided middle of the electorate. Over the past decades, this has resulted in a comparatively timid, vague campaigning style from both major party blocs (the progressive Australian Labor Party [ALP] and the conservative Coalition of the Liberal and National Parties [L/NP]). Election commitments that run the risk of being seen as too partisan and ideological are avoided as they could scare away swinging voters, and recent elections have been fought as much (or more) on the basis of party leaders’ perceived personas as they have on stated policies, even though Australia uses a parliamentary system in which the Prime Minister and state Premiers are elected by their party room rather than directly by voters. At the same time, this perceived lack of distinctiveness in policies between the major parties has also enabled the emergence of new, smaller parties which (under Australia’s Westminster-derived political system) have no hope of gaining a parliamentary majority but could, in a close election, come to hold the balance of power and thus exert disproportionate influence on a government which relies on their support.

On a generalized dynamic model of bi-state social interaction processes

A non-linear model, construed as a generalized version of the models put forth earlier for the study of bi-state social interaction processes, is proposed in this study. The feasibility of deriving the dynamics of such processes is demonstrated by establishing equivalence between the non-linear model and a higher order linear model.

An analytical approach to the study of a class of bi-state social interaction processes

Sufficient conditions for obtaining an equivalent linear model to classes of non-linear, bi-state, social interaction processes are derived. These parametric constraints, when satisfied, permit analytical determination of the dynamics of the non-linear process of social interaction.