Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

The development of a new compiler-compiler front-end

The increasing cost of developing complex software systems has created a need for tools which aid software construction. One area in which significant progress has been made is with the so-called Compiler Writing Tools (CWTs); these aim at automated generation of various components of a compiler and hence at expediting the construction of complete programming language translators. A number of CWTs are already in quite general use, but investigation reveals significant drawbacks with current CWTs, such as lex and yacc. The effective use of a CWT typically requires a detailed technical understanding of its operation and involves tedious and error-prone input preparation. Moreover, CWTs such as lex and yacc address only a limited aspect of the compilation process; for example, actions necessary to perform lexical symbol valuation and abstract syntax tree construction must be explicitly coded by the user. This thesis presents a new CWT called CORGI (COmpiler-compiler from Reference Grammar Input) which deals with the entire `front-end' component of a compiler; this includes the provision of necessary data structures and routines to manipulate them, both generated from a single input specification. Compared with earlier CWTs, CORGI has a higher-level and hence more convenient user interface, operating on a specification derived directly from a `reference manual' grammar for the source language. Rather than developing a compiler-compiler from first principles, CORGI has been implemented by building a further shell around two existing compiler construction tools, namely lex and yacc. CORGI has been demonstrated to perform efficiently in realistic tests, both in terms of speed and the effectiveness of its user interface and error-recovery mechanisms.

Rugosidade superficial e adesão bacteriana em compósitos com nanopartículas após acabamento e polimento

Objective: To evaluate in vitro the surface roughness and bacterial adhesion of nanoparticle composites, after being subjected to different finishing and polishing systems. Materials and Methods: 66 specimens were prepared, and 30 with Filtek Z350 XT (3M ESPE, USA) and 30 with the resin IPS Empress Direct (Ivoclar Vivadent, USA), divided into 6 groups (n = 10 ). Six specimens were prepared for analysis in scanning electron microscopy (SEM) .Each kind of resin was subjected to finishing and polishing systems: Sof-Lex Pop-On discs (3M ESPE, USA) and AstropolTM system (Ivoclar Vivadent , USA), featuring the experimental group. The control group did not undergo any kind of finishing and polishing technique. The average roughness (Ra) in both groups was measured using a roughness in the setting of 0.25 mm (cut off) and surface images obtained with photomicrographs taken with a scanning electron microscope (SEM) magnified 500 times. Bacterial adherence was evaluated by determining the absorbance (OD) of the suspension of adhered cells by spectrophotometer at 570 nm. The results were submitted for analyzed with 2-way ANOVA at α=.05 and Tukey multiple comparison tests. Results: Statistically significant differences were found between the groups in terms of roughness and bacterial adhesion. Filtek Z350 XT for resin were no differences between the tested finishing and polishing systems, where the system of lowest surface roughness was the Sof-Lex Pop-On. To the resin IPS Empress Direct, the finishing and polishing system Astropol, had lower results of surface roughness. As for bacterial adhesion, the lowest optical density value for Filtek Z350 XT was for the group that used the finishing and polishing system Sof-Lex Pop-On and the resin IPS Empress Direct the group that used the Astropol system. In addition, there was a positive correlation between surface roughness and bacterial adhesion on polished surfaces (r = 0.612) Conclusions: surface roughness and bacterial adhesion are closely related. The finishing and polishing Sof-Lex Pop-On system is more suitable for nanoparticulate Filtek Z350 XT and the finishing and polishing system Astropol for resin nanohíbrida IPS Empress Direct.

Embodied Prayer: the practice of prayer as Christian theology

This dissertation attempts to retrieve the integration of prayer and theology in the life of the church. Prayer is a spiritual and bodily theological activity that forms Christian identity and virtuous character. The bodily dimension of Christian prayer plays an essential role in theological understanding and moral formation. However, the embodiment of prayer has been mostly neglected in modern academic theology. This study highlights the significance of the body at prayer in theological studies and spiritual formation.

Chapter 1 presents Karl Barth’s theology of prayer as a model of the integration of prayer, theology, and Christian life (lex orandi, lex credendi, lex agendi). However, Barth’s attempt to overcome the dichotomy between theory and practice in theology did not pay much attention to embodiment of prayer. Through ritual studies and phenomenology (Marcel Mauss, Maurice Merleau-Ponty, and Pierre Bourdieu), chapter 2 shows why the bodily dimension of the practice of prayer should be recovered in theology and ministry; then it explains how Christians in the early and medieval church actually prayed with the body, how their bodily actions were understood in their theological paradigms, and how their actions contributed to the formation of Christian character. Chapter 3 narrows the focus to the formation of the heart in the making of Christian character. The practice of prayer has been emphasized not only as an expression of the inner heart of pray-ers but also as a channel of grace that shapes their affections as enduring dispositions of the heart. Furthermore, historically the bodily practice of prayer gave theological authority to the devout Christians who were marginalized in academic theology or ecclesiastical hierarchy, and Chapter 4 presents the lex orandi of praying women who gained their theological knowledge, wisdom, and authority through their exemplary practices of prayer (Catherine of Siena, Mechthild of Magdeburg, Julian of Norwich, Margery Kempe, and Teresa of Avila). These historical examples reveal how Christian communities appreciated and celebrated the theological voices from the margins, which developed from theological embodiments in prayer.

This dissertation concludes that academic theology needs to heed these diverse theological voices, which are nurtured through everyday practice, as an integral part of theological studies. Therefore, it calls for a new paradigm for understanding the relationship between theory and practice in theological education. The integration between theory and bodily practice is necessary for both academic theology and spiritual formation. A more holistic understanding of Christian practices will not only enhance the training of scholars and clergy but also give the laity their own theological voices that will enrich academic theology.

"¡Andá a hilar la lana!" : La construcción del ideal femenino en los fragmentos 618-9 y 681 M de Lucilio a la luz de los intertextos

En la Antigua Roma las mujeres casadas no gozaban de ningún tipo de libertades y todos los placeres les eran vedados a su clase (Rousselle, 2000). Responsables de la gestación de los futuros ciudadanos, su esfera de acción se limitaba al hogar, donde, además de procurarles especial atención a sus maridos e hijos, estaban encargadas de realizar, entre otras tareas, el control de la servidumbre, la administración de los gastos y el tejido (Knapp, 2011). A diferencia de las mujeres de otras clases, prostitutas y esclavas, la conducta de las matronas debía estar regida por la castidad, la reserva, la modestia y la pietas, principales virtudes celebradas en las fuentes epigráficas (CIL 6.23773, 8.11294). Como consecuencia de la corrupción de las costumbres durante la República, Augusto sancionó una serie de leyes (Lex Iulia de maritandis ordinibus y de adulteriis coercendis en 18 a.C., Lex Papia Poppaea en 9 d.C.) que, basándose en la tradición de los antepasados, estaban destinadas a ejercer un fuerte dominio sobre las políticas familiares. Se obligaba a los estratos superiores de la sociedad a contraer uniones legítimas y a tener descendencia, y se sancionaba con severidad a aquellas mujeres que cometían adulterio y que no se ajustaban al modelo femenino que el Estado buscaba imponer (Pomeroy, 1999). Bajo la luz de estas consideraciones acerca de la matrona, nos proponemos ofrecer una lectura posible de los fragmentos 618-9 y 681 M del poeta satírico Lucilio, conservados únicamente por transmisión indirecta. Así pues, a partir de información recabada del contexto social y político, intentamos demostrar que en el horizonte del pensamiento romano se mantiene constante un único ideal de mujer, al mismo tiempo que, a partir de referencias intertextuales, logramos dar sentido(s) a un texto que sólo a simple vista parece no poder decirnos mucho.

Fossil associations from the middle and upper Eocene strata of the Pamplona Basin and surrounding areas (Navarre, western Pyrenees)

Fossil associations from the middle and upper Eocene (Bartonian and Priabonian) sedimentary succession of the Pamplona Basin are described. This succession was accumulated in the western part of the South Pyrenean peripheral foreland basin and extends from deep-marine turbiditic (Ezkaba Sandstone Formation) to deltaic (Pamplona Marl, Ardanatz Sandstone and Ilundain Marl formations) and marginal marine deposits (Gendulain Formation). The micropalaeontological content is high. It is dominated by foraminifera, and common ostracods and other microfossils are also present. The fossil ichnoasssemblages include at least 23 ichnogenera and 28 ichnospecies indicative of Nereites, Cruziana, Glossifungites and ?Scoyenia-Mermia ichnofacies. Body macrofossils of 78 taxa corresponding to macroforaminifera, sponges, corals, bryozoans, brachiopods, annelids, molluscs, arthropods, echinoderms and vertebrates have been identified. Both the number of ichnotaxa and of species (e. g. bryozoans, molluscs and condrichthyans) may be considerably higher. Body fossil assemblages are comparable to those from the Eocene of the Nord Pyrenean area (Basque Coast), and also to those from the Eocene of the west-central and eastern part of South Pyrenean area (Aragon and Catalonia). At the European scale, the molluscs assemblages seem endemic from the Pyrenean area, although several Tethyan (Italy and Alps) and Northern elements (Paris basin and Normandy) have been recorded. Palaeontological data of studied sedimentary units fit well with the shallowing process that throughout the middle and late Eocene occurs in the area, according to the sedimentological and stratigraphical data.

Green Economy and Employment: employment potential of the ecological transition in Spain

The Green Economy offers real possibilities for productive innovation, economic growth and employment creation in Spain. These three factors are critical to facilitate the necessary change in the productive model to overcome the crisis. However, the measures taken by the current Conservative government have moved in the opposite direction: significant cutting in incentives for renewable, increasing tax burden on renewable energy production to self-consumption and privatizing public spaces of social and environmental interest. This hinders the achievement of the environmental objectives of the Europe 2020 strategy. A strategy that is born already in itself highly limited, unambitious and subordinated to the interests of energy oligopolies and the imperatives of the Stability and Growth Pact (Maastricht) and the Austerity policies imposed from EU institutions to overcome the 2008 financial crisis. So the Ecological Transition goes further, claiming a substantially change in Economic Policy away form the increasing commodification proposed by the Green Economy. Despite these limitations, young and unemployed people have much to gain from a comprehensive development of environmental industries. Therefore, innovative-sustainable plans, investment and training in green sectors are necessary to make easier the transition from a services low-valued economy to an innovative and sustainable model to make our country an environmental reference in Europe.

The Spanish reforms on domestic work regulation

This paper analyses the latest Spanish reforms regarding domestic work. The Spanish legislator, doubtlessly influenced by the ILO Domestic Work Convention nº 189 – which, however, was not later ratified in Spain- made a deep reform on domestic work in 2011. This legal reform implied a striking change that affected both working conditions and social security of employees in the family home. The aim of this reform has been to bring the regulation in domestic work closer to the general regulation for other workers, although maintaining certain specialties. Regarding working conditions, their setting as “particular employment relationship” has been held. However, the differences between this relationship and the common ones have been reduced. As for social security, domestic employees have been incorporated into the General Social Security System, but with important specialties, thus erasing the Special Domestic Employees System. The paper also examines the legal changes that have taken place in this field after the new Government arose.

Migrant domestic workers, vulnerability and the law: immigration and employment laws in Cyprus and Spain

The intersection of gender, welfare and immigration regimes has been one of the main focus of a rich scholarship on paid domestic work in Europe. This article brings into the discussion the nexus of employment and immigration law regimes to reflect on the role of legal regulation in structuring and reducing the vulnerability of domestic workers. I analyse this nexus by looking at the cases of Cyprus and Spain, two states falling under the cluster of Southern Mediterranean welfare regimes, that share certain characteristics in terms of immigration regimes, but have substantially different employment law regulation models. The first part sketches the debate on the employment law regulation of domestic work. The second part starts by giving an overview of the immigration regimes of Cyprus and Spain in relation to migrant domestic workers and then proceeds to analyse the two countries’ models and substance of employment law regulation in domestic work. The comparison of these two divergent approaches informs the debate on how the legal regulation of domestic work should be best structured. In Spain there have been recent dynamic legislative changes in the employment law regulation of domestic work. The final part of the article traces these changes and reflects on why such processes have not taken place in Cyprus.

Immigration in Spain: Integration with Feet of Clay?

The aim of the paper is to analyze the impact of the economic crisis on the integration of the immigrant population in Spain. The Spanish case is singular because during the years of intense immigration achieved a remarkable degree of socio-cultural integration. The paper argues that such integration it has been the result of the confluence of exceptional factors rather than the result of the policy making. From a mixed methodology approach, it shows that, during the period of expansion, two factors of the immigration contribute to their coexistence with native population: finding job and access to public services. But the economic crisis, with its impact in terms of job losses and austerity policies, expose the weaknesses of the Spanish model of integration.

Profesionales de la educación en la Hispania romana

La epigrafía latina nos ha legado el recuerdo de doce docentes y un grupo de maestros de escuela en Hispania. Los diferentes textos, la mayoría de carácter funerario y procedente del ámbito urbano, nos aportan información acerca de las funciones que estos profesionales desempeñaron en la sociedad hispana, así como del contexto socio-jurídico del que provenían. En este sentido, la pieza más valiosa es la inscripción dedicada a un gramático llamado L. Memmius Probus en la antigua Tritium Magallum, gracias a la cual conocemos las circunstancias concretas en las que trabajó este educador.

Piscolabis (‘snack’): etymological proposals, variations and entries

This article focuses on the study of the word piscolabis. A review of the possible etymological origins put forward in the relevant literature is first presented. This evinces that the difficulties to offer one single (and safe) etymology probably stem from the lack of documents that record the word under study and that date back to the time when it was first used. This historical account also shows that piscolabis has had different variant forms before and after the dictionary of the Spanish Academy (DRAE) established the current one. Finally, the semantic development that the word has undergone is also provided, which allows us to question the suitability of the entry the word has been assigned in the current edition of the DRAE.

Salvajes y chichimecas: mitos de alteridad en las fuentes novohispanas

Llamamos mitos de alteridad a las creencias y el imaginario tradicionales que un pueblo proyecta en su visión etnocéntrica sobre otros pueblos. Siguiendo la propuesta de Roger Bartra, examinamos una serie de crónicas novohispanas para demostrar que los mitos de alteridad de origen europeo referentes al salvaje influyeron en las descripciones que nos han legado sobre los pueblos indígenas mesoamericanos conocidos como chichimecas. Apuntamos finalmente algunas reflexiones sobre el uso y alcance de dichos mitos de alteridad en relación con la expansión europea por América, y sobre la necesidad metodológica de someter a crítica bajo este prisma la información que nos ofrecen las fuentes disponibles, producidas, después de todo, en pleno proceso de aculturación colonial.

Receptive Vocabulary of CLIL and Non-CLIL Primary and Secondary School Learners

CLIL instruction has been reported to be beneficial for foreign language vocabulary learning since CLIL students show higher vocabulary profiles than students of their same age in traditional EFL contexts. However, to our knowledge, the receptive vocabulary knowledge of CLIL and non-CLIL learners at the end of primary and secondary education has not been examined yet. Hence, this study aims at comparing the receptive vocabulary size 79 CLIL primary learners with the receptive vocabulary knowledge of 331 non-CLIL learners at the end of primary and secondary school. Sex-based differences were also analysed. The 2k Vocabulary Levels Test (VLT) was used for the purposes of the study. Results revealed that learners’ receptive vocabulary sizes lie within the most frequent 1000 words, non-CLIL secondary school students throw better results than primary students but the differences between the secondary group and the CLIL group are not statistically significant. As for sex-based differences, we found no significant differences among the groups. These findings led us to believe that the CLIL approach offers a benefit for vocabulary acquisition since CLIL learners have been exposed to the foreign language for a shorter period of time and the results are quite similar to their non-CLIL secondary school partners.

Terrorismo, Yihadismo y Crimen Organizado en la Estrategia Global de Seguridad de la Unión Europea

El terrorismo es considerado en la Estrategia Global para la Política Exterior y de Seguridad de la UE como una de las principales amenazas a la seguridad de la Unión Europea. La lucha contra el terrorismo ha dado sus frutos en los últimos quince años, pero este artículo analiza la nueva Estrategia y se pregunta si será suficiente para responder con eficacia a esta amenaza y si se están empleando todos los medios necesarios para atajarla.