En defensa del neoconstitucionalismo transformador: los debates y los argumentos

Sumario: Introducción. I. La teoría neoconstitucional: aspectos generales y aclaraciones metodológicas. 1. Las precisiones metodológicas y la perspectiva crítica. 2. El neoconstitucionalismo como nominación y teoría. 3. Los teóricos del neoconstitucionalismo transformador. 4. La estratósfera académica y el rol de la teoría. II. La teoría de la norma: los principios, las reglas y los derechos. 5. Los principios y las reglas. 6. La función de los principios y la interrelación con las reglas. 7. Los principios, las normas penales y civiles, y la seguridad jurídica. 8. El rol de los jueces y los derechos. 9. El liberalismo, los derechos individuales y colectivos. 10. La constitucionalización del derecho privado. III. El neoconstitucionalismo y el estado. 11. El estado de derechos. 12. ¿ Puede el estado ser titular de derechos? 13. Rol del estado ¿estado mínimo o fuerte? 14. Las políticas públicas. 15. La Constitución de Montecristi y la desinstitucionaliación del estado. 16. El hipepresidencialismo, el caudillismo y la plurinacionalidad. IV. La utopia andina 17. La utopía constitucional y la realidad. 18. Reflexiones finales: el saber indígena y la utopía andina. Bibliografía.

Admonición y utopía: acerca de la insularidad poética de Almafuerte (Crítica)

La obra del escritor argentino Almafuerte presenta notables contrastes, dentro del contexto de emergencia de la literatura porteña de la década del 1880. Esta peculiaridad, que articula aspectos biográficos y preferencias literarias, puede analizarse tomando en cuenta la fractura que genera en el imaginario social dominante, legitimado por la élite dirigente del 80. Este artículo propone un estudio de estas problemáticas, mediante el recorte de un tópico de la poesía de Almafuerte, la creación discursiva de la chusma, y las consecutivas denuncias y postulaciones superadoras, coronadas por la formulación de una utopía. Tras este recorrido, puede apreciarse en detalle los conflictos sociohistóricos contemporáneos, especialmente las tensiones entre imaginarios sociales, que fueron registrados y resignificados por la escritura de Almafuerte.

Psychophysiological responses to appraisal dimensions in a computer game

A computer game was used to study psychophysiological reactions to emotion-relevant events. Two dimensions proposed by Scherer (1984a, 1984b) in his appraisal theory, the intrinsic pleasantness and goal conduciveness of game events, were studied in a factorial design. The relative level at which a player performed at the moment of an event was also taken into account. A total of 33 participants played the game while cardiac activity, skin conductance, skin temperature, and muscle activity as well as emotion self-reports were assessed. The self-reports indicate that game events altered levels of pride, joy, anger, and surprise. Goal conduciveness had little effect on muscle activity but was associated with significant autonomic effects, including changes to interbeat interval, pulse transit time, skin conductance, and finger temperature. The manipulation of intrinsic pleasantness had little impact on physiological responses. The results show the utility of attempting to manipulate emotion-constituent appraisals and measure their peripheral physiological signatures.

The perception of emotion from body movement in point-light displays of interpersonal dialogue

We examined whether it is possible to identify the emotional content of behaviour from point-light displays where pairs of actors are engaged in interpersonal communication. These actors displayed a series of emotions, which included sadness, anger, joy, disgust, fear, and romantic love. In experiment 1, subjects viewed brief clips of these point-light displays presented the right way up and upside down. In experiment 2, the importance of the interaction between the two figures in the recognition of emotion was examined. Subjects were shown upright versions of (i) the original pairs (dyads), (ii) a single actor (monad), and (iii) a dyad comprising a single actor and his/her mirror image (reflected dyad). In each experiment, the subjects rated the emotional content of the displays by moving a slider along a horizontal scale. All of the emotions received a rating for every clip. In experiment 1, when the displays were upright, the correct emotions were identified in each case except disgust; but, when the displays were inverted, performance was significantly diminished for some ernotions. In experiment 2, the recognition of love and joy was impaired by the absence of the acting partner, and the recognition of sadness, joy, and fear was impaired in the non-veridical (mirror image) displays. These findings both support and extend previous research by showing that biological motion is sufficient for the perception of emotion, although inversion affects performance. Moreover, emotion perception from biological motion can be affected by the veridical or non-veridical social context within the displays.

Cronaca, narrativa, and the unstable foundations of the Institution of Neorealism

The author contends that many of the conventions of Italian film studies derive from the conflicts and the critical vocabulary that shaped the Italian reception of neorealism in the first decade after the Second World War. Those conflicts, and that critical vocabulary, which lie at the foundation of what has been called the ‘institution of neorealism,’ established an irreconcilable binary: Cronaca and Narrativa. For the neorealists and their critics, Cronaca stood for the effort to record data faithfully, while Narrativa represented the effort to employ the shaping force of human invention in the representation of information. This essay’s first section analyzes the earliest reviews of Rossellini’s Roma città aperta alongside the contemporaneous literary debates over Cronaca and Narrativa. The second section reconsiders the reception of Pratolini’s Metello and Visconti’s Senso, which similarly centered upon the conflict between Cronaca and Narrativa. The third section proposes that the concepts which have often been employed to unify neorealism are destabilized by the Cronaca/Narrativa binary. In search of a solution to neorealism’s conceptual instability, this essay proposes more critical and purposeful appropriations of the movement’s problematic genealogy.

Prizes for modernity in the provinces: The Arts Council’s 1950-1951 regional playwriting competition

As part of its contribution to the 1951 Festival of Britain, the Arts Council ran what can be seen in retrospect to be an important playwriting competition. Disregarding the London stage entirely, it invited regional theatres throughout the UK to put forward nominations for new plays within their repertoire for 1950-1951. Each of the five winning plays would receive, what was then, the substantial sum of £100. Originality and innovation featured highly amongst the selection criteria, with 40 per cent of the judges’ marks being awarded for “interest of subject matter and inventiveness of treatment”. This article will assess some of the surprising outcomes of the competition and argue that it served as an important nexus point in British theatrical historiography between two key moments in post-war Britain: the first being the inauguration of the Festival of Britain in 1951, the other being the debut of John Osborne’s Look Back in Anger in May 1956. The article will also argue that the Arts Council’s play competition was significant for two other reasons. By circumventing the London stage, it provides a useful tool by which to reassess the state of new writing in regional theatre at the beginning of the 1950s and to question how far received views of parochialism and conservatism held true. The paper will also put forward a case for the competition significantly anticipating the work of George Devine at the English Stage Company, which during its early years established a reputation for itself by heavily exploiting the repertoire of new plays originally commissioned by regional theatres. This article forms part of a five year funded Arts and Humanities Research Council (AHRC) project, ‘Giving Voice to the Nation: The Arts Council of Great Britain and the Development of Theatre and Performance in Britain 1945-1994’. Details of the Arts Council’s archvie, which is housed at the Victoria & Albert Museum in London can be found at http://www.vam.ac.uk/vastatic/wid/ead/acgb/acgbf.html Keywords: Arts Council of Great Britain, regional theatre, playwriting, Festival of Britain, English Stage Company (Royal Court) , Yvonne Mitchell

Back to the margins in search of the core: "Foreign Land"'s geography of exclusion

The crisis of the national project in the early 1990s, caused by a short-lived but disastrous government, led Brazilian art cinema, for the first time, to look at itself as periphery and re-approach the old colonial center, Portugal. Terra estrangeira/Foreign Land (Walter Salles & Daniela Thomas, Brazil/Portugal, 1995), a film about Brazilian exiles in Portugal, is the best illustration of this perspective shift which provides a new sense of Brazil’s scale and position within a global context. Shot mainly on location in São Paulo, Lisbon and Cape Verde, it promotes the encounter of Lusophone peoples who find a common ground in their marginal situation. Rather than as a former empire, Portugal is defined by its situation at the edge of Europe and by beliefs such as Sebastianism, whose origins go back to the time when the country was dominated by Spain. As a result, notions of “core” or “center” are devolved to the realm of myth. The film’s carefully crafted dialogue combines Brazilian, Portuguese and Creole linguistic peculiarities into a common dialect of exclusion, while language puns trigger visual rhymes which refer back to the Cinema Novo (the Brazilian New Wave) repertoire and restage the imaginary of the discovery turned into unfulfilled utopia. The main characters also acquire historical resonances, as they are depicted as descendants of Iberian conquistadors turned into smugglers of precious stones in the present. Their activities define a circuit of international exchange which resonates with that of globalized cinema, a realm in which Foreign Land, made up of citations and homage to other cinemas, tries to retrieve a sense of belonging.

Back to the margins in search of the core: foreign land's geography of exclusion

The crisis of the national project in the early 1990s, caused by a short-lived but disastrous government, led Brazilian art cinema, for the first time, to look at itself as periphery and re-approach the old colonial centre, Portugal. Terra estrangeira/Foreign Land (Walter Salles & Daniela Thomas, Brazil/Portugal, 1995), a film about Brazilian exiles in Portugal, is the best illustration of this perspective shift aimed at providing a new sense of Brazil’s scale and position within a global context. Shot mainly on location in São Paulo, Lisbon and Cape Verde, it promotes the encounter of Lusophone peoples who find a common ground in their marginal situation. Even Portugal is defined by its location at the edge of Europe and by beliefs such as Sebastianism, whose origins go back to the time when the country was dominated by Spain. As a result, notions of ‘core’ or ‘centre’ are devolved to the realm of myth. The film’s carefully crafted dialogues combine Brazilian, Portuguese and Creole linguistic peculiarities into a common dialect of exclusion, while language puns trigger visual rhymes which refer back to the Cinema Novo (the Brazilian New Wave) repertoire and restage the imaginary of the discovery turned into unfulfilled utopia. The main characters also acquire historical resonances, as they are depicted as descendants of Iberian conquistadors turned into smugglers of precious stones in the present. Their activities define a circuit of international exchange which resonates with that of globalized cinema, a realm in which Foreign Land, made up of citations and homage to other cinemas, tries to retrieve a sense of belonging.

The power of anticipated feedback: Effects on students' achievement goals and achievement emotions.

In an experimental study (N = 153 high school students), we tested a theoretical model positing that anticipated achievement feedback influences achievement goals and achievement emotions, and that achievement goals mediate the link between anticipated feedback and emotions. Participants were informed that they would receive self-referential feedback, normative feedback, or no feedback for their performance on a test. Subsequently, achievement goals and discrete achievement emotions regarding the test were assessed. Self-referential feedback had a positive influence on mastery goal adoption, whereas normative feedback had a positive influence on performance-approach and performance-avoidance goal adoption. Furthermore, feedback condition and achievement goals predicted test-related emotions (i.e., enjoyment, hope, pride, relief, anger, anxiety, hopelessness, and shame). Achievement goals were documented as significant mediators of the influence of feedback instruction on emotions, and mediation was observed for seven of the eight focal emotions. Implications for educational research and practice are discussed.

The intelligence paradox; will ET get the metabolic syndrome? Lessons from and for Earth

Mankind is facing an unprecedented health challenge in the current pandemic of obesity and diabetes. We propose that this is the inevitable (and predictable) consequence of the evolution of intelligence, which itself could be an expression of life being an information system driven by entropy. Because of its ability to make life more adaptable and robust, intelligence evolved as an efficient adaptive response to the stresses arising from an ever-changing environment. These adaptive responses are encapsulated by the epiphenomena of “hormesis”, a phenomenon we believe to be central to the evolution of intelligence and essential for the maintenance of optimal physiological function and health. Thus, as intelligence evolved, it would eventually reach a cognitive level with the ability to control its environment through technology and have the ability remove all stressors. In effect, it would act to remove the very hormetic factors that had driven its evolution. Mankind may have reached this point, creating an environmental utopia that has reduced the very stimuli necessary for optimal health and the evolution of intelligence – “the intelligence paradox”. One of the hallmarks of this paradox is of course the rising incidence in obesity, diabetes and the metabolic syndrome. This leads to the conclusion that wherever life evolves, here on earth or in another part of the galaxy, the “intelligence paradox’” would be the inevitable side-effect of the evolution of intelligence. ET may not need to just “phone home” but may also need to “phone the local gym”. This suggests another possible reason to explain Fermi’s paradox; Enrico Fermi, the famous physicist, suggested in the 1950s that if extra-terrestrial intelligence was so prevalent, which was a common belief at the time, then where was it? Our suggestion is that if advanced life has got going elsewhere in our galaxy, it can’t afford to explore the galaxy because it has to pay its healthcare costs.

On the 'special' status of emotional faces... Comment on Yang, Hong, and Blake (2010)

A wealth of literature suggests that emotional faces are given special status as visual objects: Cognitive models suggest that emotional stimuli, particularly threat-relevant facial expressions such as fear and anger, are prioritized in visual processing and may be identified by a subcortical “quick and dirty” pathway in the absence of awareness (Tamietto & de Gelder, 2010). Both neuroimaging studies (Williams, Morris, McGlone, Abbott, & Mattingley, 2004) and backward masking studies (Whalen, Rauch, Etcoff, McInerney, & Lee, 1998) have supported the notion of emotion processing without awareness. Recently, our own group (Adams, Gray, Garner, & Graf, 2010) showed adaptation to emotional faces that were rendered invisible using a variant of binocular rivalry: continual flash suppression (CFS, Tsuchiya & Koch, 2005). Here we (i) respond to Yang, Hong, and Blake's (2010) criticisms of our adaptation paper and (ii) provide a unified account of adaptation to facial expression, identity, and gender, under conditions of unawareness

An assessment of the impact of local processes on dust lifting in martian climate models

Simulation of the lifting of dust from the planetary surface is of substantially greater importance on Mars than on Earth, due to the fundamental role that atmospheric dust plays in the former’s climate, yet the dust emission parameterisations used to date in martian global climate models (MGCMs) lag, understandably, behind their terrestrial counterparts in terms of sophistication. Recent developments in estimating surface roughness length over all martian terrains and in modelling atmospheric circulations at regional to local scales (less than O(100 km)) presents an opportunity to formulate an improved wind stress lifting parameterisation. We have upgraded the conventional scheme by including the spatially varying roughness length in the lifting parameterisation in a fully consistent manner (thereby correcting a possible underestimation of the true threshold level for wind stress lifting), and used a modification to account for deviations from neutral stability in the surface layer. Following these improvements, it is found that wind speeds at typical MGCM resolution never reach the lifting threshold at most gridpoints: winds fall particularly short in the southern midlatitudes, where mean roughness is large. Sub-grid scale variability, manifested in both the near-surface wind field and the surface roughness, is then considered, and is found to be a crucial means of bridging the gap between model winds and thresholds. Both forms of small-scale variability contribute to the formation of dust emission ‘hotspots’: areas within the model gridbox with particularly favourable conditions for lifting, namely a smooth surface combined with strong near-surface gusts. Such small-scale emission could in fact be particularly influential on Mars, due both to the intense positive radiative feedbacks that can drive storm growth and a strong hysteresis effect on saltation. By modelling this variability, dust lifting is predicted at the locations at which dust storms are frequently observed, including the flushing storm sources of Chryse and Utopia, and southern midlatitude areas from which larger storms tend to initiate, such as Hellas and Solis Planum. The seasonal cycle of emission, which includes a double-peaked structure in northern autumn and winter, also appears realistic. Significant increases to lifting rates are produced for any sensible choices of parameters controlling the sub-grid distributions used, but results are sensitive to the smallest scale of variability considered, which high-resolution modelling suggests should be O(1 km) or less. Use of such models in future will permit the use of a diagnosed (rather than prescribed) variable gustiness intensity, which should further enhance dust lifting in the southern hemisphere in particular.

'All in one stroke': Grimms' fairy tales and the TV-production of a new Germany

The article looks at the most recent TV adaptations of the Grimms’ fairy tales by public broadcasting. Realized and marketed as a season which started in 2008,the thirty-four currently existing individual films constitute a significant national project that presents highly appealing notions of the German past to an audience divided over national conflict and demands of globalization. With children and adolescents at the centre, the films offer the young as a generation of moral superiority that facilitates social harmony and moral consensus. This post-unification utopia is beautifully realized on screen but rests on very conservative assumptions about gender, social driving forces, and political order.