907 resultados para Extraterritorial Jurisdiction
Resumo:
Introduction
The intersection between the law of negligence and sport coaching in the UK is a developing area (Partington, 2014; Kevan, 2005). Crucially, since the law of negligence may be regarded as generally similar everywhere (Magnus, 2006), with the predominance of volunteer coaches in the UK reflective of the majority of countries in the world (Duffy et al., 2011), a detailed scrutiny of this relationship from the perspective of the coach uncovers important implications for coach education beyond this jurisdiction.
Argumentation
Fulfilment of the legal duty of discharging reasonable care may be regarded as consistent with the ethical obligation not to expose athletes to unreasonable risks of injury (Mitten, 2013). More specifically, any ‘profession’ requiring ‘special skill or competence’ (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582), including the coaching of sport (e.g., Davenport v Farrow [2010] EWHC 550), requires a higher standard of care to be displayed than would be expected of the ordinary reasonable person (Lunney & Oliphant, 2013; Jones & Dugdale, 2010). For instance, volunteer coaches with no formal qualifications (e.g., Fowles v Bedfordshire County Council [1996] ELR 51) would be judged by this benchmark of professional liability (Powell & Stewart, 2012). Further, as the principles of coaching are constantly assessed and revised (Cassidy et al., 2009; Taylor & Garratt, 2010), so too is the legal standard of care required of coaches (Powell & Stewart, 2012). Problematically, ethical concerns may include coaches being unwilling to increase knowledge, abusive treatment of players and incompetence/inexperience (Haney et al., 1998). These factors accentuate coaches’ exposure to civil liability.
Implications
It is imperative that coaches have an awareness of this emerging intersection and develop a ‘proactive risk assessment lens’ (Hartley, 2010). In addition to supporting the professionalisation of sport coaching, coach education/CPD focused on the legal and ethical aspects of coaching (Duffy et al., 2011; Telfer, 2010; Haney et al., 1998) would enhance the safety and welfare of performers, safeguard coaches from litigation risk, and potentially improve all levels of coaching (Partington, 2014). Interestingly, there is evidence to suggest a demand from coaches for more training on health and safety issues, including risk management and (ir)responsible coaching (Stirling et al., 2012). Accordingly, critical examination of the issue of negligent coaching would inform coach education by: enabling the modelling and sharing of best practice; unpacking important ethical concerns; and, further informing the classification of coaching as a ‘profession’.
Resumo:
Objectives This paper describes the methods used in the International Cancer Benchmarking Partnership Module 4 Survey (ICBPM4) which examines time intervals and routes to cancer diagnosis in 10 jurisdictions. We present the study design with defining and measuring time intervals, identifying patients with cancer, questionnaire development, data management and analyses.
Design and setting Recruitment of participants to the ICBPM4 survey is based on cancer registries in each jurisdiction. Questionnaires draw on previous instruments and have been through a process of cognitive testing and piloting in three jurisdictions followed by standardised translation and adaptation. Data analysis focuses on comparing differences in time intervals and routes to diagnosis in the jurisdictions.
Participants Our target is 200 patients with symptomatic breast, lung, colorectal and ovarian cancer in each jurisdiction. Patients are approached directly or via their primary care physician (PCP). Patients’ PCPs and cancer treatment specialists (CTSs) are surveyed, and ‘data rules’ are applied to combine and reconcile conflicting information. Where CTS information is unavailable, audit information is sought from treatment records and databases.
Main outcomes Reliability testing of the patient questionnaire showed that agreement was complete (κ=1) in four items and substantial (κ=0.8, 95% CI 0.333 to 1) in one item. The identification of eligible patients is sufficient to meet the targets for breast, lung and colorectal cancer. Initial patient and PCP survey response rates from the UK and Sweden are comparable with similar published surveys. Data collection was completed in early 2016 for all cancer types.
Conclusion An international questionnaire-based survey of patients with cancer, PCPs and CTSs has been developed and launched in 10 jurisdictions. ICBPM4 will help to further understand international differences in cancer survival by comparing time intervals and routes to cancer diagnosis.
Resumo:
Germany, Italy and Japan were engaged in China from the turn of the 20th century to WWII. However, they formed an anti-Chinese alliance only at the final stage of their presence there, when Japan assumed an undisputed role of leader in the region. Despite its alliance with the Axis powers, Japan never implemented racial laws against the Jews in China. All of them took part in the Boxer Upraising suppression and received as a consequence extraterritorial rights and concessions. Moreover, Japan won the war against China in 1895 and transformed itself from a tributary country of China into an imperialistic power. It took possession of Taiwan and in the 1930s established a puppet government in Manchuria.Germany followed different route obtaining as indemnity for the murders of two missionaries the control of the Shandong province, which was later expanded thanks to the anti-Boxer coalition's victory. However, Germany lost all possessions when China entered WWI. The issue of Shandong was finally resolved at the Conference for Disarmament hold in Washington in 1921-2. Japan failed to gain ex-Germany territories. Finally, Italy arrived in the Far East at the turn of the century but was not very interested in the oriental colonialism to the same extent it was interested in Africa. Tianjin was its only concession in China, and it took almost a decade before a subvention to arrive from the Italian government for its development.In the 1920s and 1930s Germany and Italy engaged in successful diplomatic, commercial and military relationships with China. In fact, both were considered China's partners thanks to their experts at the service of the Chinese government. On the other hand, Japan position was opposite to them, because of its plans of aggression towards China which was to be transformed into “the natural extension” of the mainland. In 1935 Italy declared war on Ethiopia and abandoned the seat at the League of Nations. China interpreted the Italian aggression as the endorsement of Japan's politics towards China in Manchuria, and the relations between the two countries were broken off. After that Italy supported Wang Jingwei's puppet government during the Japanese occupation of China. Germany followed the same path in 1937, when it was evident that the Japanese were playing the leading role in the region, and decided to ally with Wang Jingwei too. Both Italy and Germany decided also to recognise the Manzhuguo and established diplomatic relations, definitively turning their backs on the old Chinese ally.The Rome-Berlin-Tokyo Axis sealed the alliance among the three countries, and it confirmed Japan as the leading power in the region. Nevertheless Japan did not apply the racial law against the Jews in China.
Resumo:
We exploit policy differences within the UK to investigate provider context and recruitment to initial teacher education (ITE). We identify three dimensions of variation: conceptions of professionalism, universal or context specific preparation and costs and benefits to providers. University-led ITE programmes used similar criteria and processes in each jurisdiction, but there were differences between university-led and school-led recruitment. Our study suggests that the current shortfall in recruitment to ITE in England may be a product of the contextual constraints which schools experience. It also suggests that school-led recruitment may tend to emphasise short-term and school-specific needs.
Resumo:
Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.
Resumo:
Thesis (Ph.D.)--University of Washington, 2016-08
Resumo:
A partir del principio general de inembargabilidad de bienes del Estado, el contenido de este documento incursiona en el tema de las excepciones al mismo legalmente contempladas, a efectos de verificar la aplicabilidad de la medida cautelar de embargo sobre tales bienes en los casos procedentes, cuando los particulares adelantan procesos ejecutivos ante la jurisdicción contenciosoadministrativa, en procura de defender sus intereses y del pago de dineros a cargo del Estado como consecuencia de contratos, sentencias, acreencias laborales, laudos arbitrales u otro tipo de documento eficaz. El propósito fue establecer claramente la normatividad aplicable en este tipo de eventos, aportando de este modo respuesta objetiva y confiable frente a la problemática generada tanto por las distintas posiciones en torno al tema adoptadas por el legislador, como igualmente por dificultades para clasificar los bienes y rentas estatales en orden a determinar su carácter y la posibilidad real de su embargo. Todo ello, además, con el referente de pronunciamientos jurisprudenciales adoptados como soporte conceptual básico puesto que desde esta perspectiva dan cuenta de una línea coincidente de pensamiento por parte de los altos organismos pertinentes.
Resumo:
Wydział Prawa i Administracji: Katedra Prawa Konstytucyjnego
Resumo:
Organized interests do not have direct control over the fate of their policy agendas in Congress. They cannot introduce bills, vote on legislation, or serve on House committees. If organized interests want to achieve virtually any of their legislative goals they must rely on and work through members of Congress. As an interest group seeks to move its policy agenda forward in Congress, then, one of the most important challenges it faces is the recruitment of effective legislative allies. Legislative allies are members of Congress who “share the same policy objective as the group” and who use their limited time and resources to advocate for the group’s policy needs (Hall and Deardorff 2006, 76). For all the financial resources that a group can bring to bear as it competes with other interests to win policy outcomes, it will be ineffective without the help of members of Congress that are willing to expend their time and effort to advocate for its policy positions (Bauer, Pool, and Dexter 1965; Baumgartner and Leech 1998b; Hall and Wayman 1990; Hall and Deardorff 2006; Hojnacki and Kimball 1998, 1999). Given the importance of legislative allies to interest group success, are some organized interests better able to recruit legislative allies than others? This question has received little attention in the literature. This dissertation offers an original theoretical framework describing both when we should expect some types of interests to generate more legislative allies than others and how interests vary in their effectiveness at mobilizing these allies toward effective legislative advocacy. It then tests these theoretical expectations on variation in group representation during the stage in the legislative process that many scholars have argued is crucial to policy influence, interest representation on legislative committees. The dissertation uncovers pervasive evidence that interests with a presence across more congressional districts stand a better chance of having legislative allies on their key committees. It also reveals that interests with greater amounts of leverage over jobs and economic investment will be better positioned to win more allies on key committees. In addition, interests with a policy agenda that closely overlaps with the jurisdiction of just one committee in Congress are more likely to have legislative allies on their key committees than are interests that have a policy agenda divided across many committee jurisdictions. In short, how groups are distributed across districts, the leverage that interests have over local jobs and economic investment, and how committee jurisdictions align with their policy goals affects their influence in Congress.
Resumo:
A proposta de um Serviço de Apoio à Inclusão em eLearning (SAIeL) surge da necessidade de promover o eLearning como uma ferramenta importante para que os cidadãos com Necessidades Educativas Especiais possam aceder e ter sucesso no Ensino Superior. O trabalho desenvolveu-se em torno da seguinte pergunta de partida: Cumprindo o seu papel social de Educação para Todos, de que forma podem as instituições de ensino superior facilitar ativamente o acesso e o sucesso de cidadãos com Necessidades Educativas Especiais que desejem estudar em regime de eLearning? Constituindo o ensino a distância de nova geração, uma opção com características bastante vantajosas para os cidadãos com Necessidades Educativas Especiais, pretende-se também atrair mais cidadãos para esta modalidade de educação, através da oferta e divulgação de condições mais apelativas e que encorajem as pessoas com Necessidades Educativas Especiais a prosseguir os seus estudos ao nível superior, reduzindo as barreiras e promovendo os fatores de inclusão. Procurou-se delinear um projeto de serviço que possa responder às necessidades identificadas a partir de um conjunto de fatores: i) da investigação sobre a resposta a esta problemática por parte dum conjunto de universidades de Ensino a Distância, ii) das boas práticas já existentes em instituições de ensino superior portuguesas e iii) do estudo das perceções recolhidas junto dos vários intervenientes: estudantes, professores e cidadãos com NEE. Neste quadro, foram definidas 3 fases para a elaboração do trabalho: (1) auscultação dos intervenientes e levantamento de necessidades; (2) enquadramento do projeto de serviço na orgânica das instituições de ensino superior a distância e (3) organização e estruturação de um projeto de serviço através da elaboração de um Regimento, no qual são estipulados os seus objetivos, valências, competências e forma de avaliação, de maneira a dar resposta às necessidades identificadas previamente e a prevenir situações futuras.
Resumo:
Este trabalho é um estudo sobre o sistema de informação Tribunal Colectivo dos Géneros Alimentícios, como nasceu e como se desenvolveu, através do estudo orgânico-funcional, análise da produção e tramitação documental, desde a sua criação (1930) até à sua extinção (1976), através da aplicação do método de investigação quadripolar. Este método vai desenrolar-se mediante três actividades, cujo exercício se integra numa abordagem sistémica: a) Estudo da natureza da instituição a partir da análise dos seus fins, dos seus órgãos, das suas funções e da sua prática administrativa, tendo em conta tanto a evolução destes elementos ao longo do tempo como as relações que se estabelecem entre eles, através da análise de leis orgânicas e outros diplomas legais. b) Identificação e delimitação das séries documentais a partir da análise dos modos de produção documental, as características externas e internas destes tipos de documentos e as operações de conservação, descrição e organização arquivística. c) Apresentação do quadro de classificação: estrutura hierárquica e lógica que reflicta as funções deste sistema de informação. Pretende-se dar resposta às seguintes questões: 1- como classificar arquivisticamente a documentação acumulada no Arquivo Tribunal Colectivo dos Géneros Alimentícios? 2- Classificar arquivisticamente os processos de infracções/crimes do Tribunal de Recurso da Intendência-Geral da Segurança Pública e os processos de infracções/crimes até 1936 no sistema Tribunal Colectivo dos Géneros Alimentícios. 3- A produção e o circuito documental do Tribunal Colectivo dos Géneros Alimentícios são semelhantes à produção documental dos tribunais de jurisdição ordinária? 4- Quais a(s) especificidade(s) a nível processual e de tipologias documentais. ABSTRACT: This thesis is a study on the information system of the Tribunal Colectivo dos Géneros Alimentícios: how it started and how it was developed, and we do so proceding with the study of the organizational system, of the channeling of the proceedings and documents, since its creation (1930) until its ending (1976), using the quadripolar research method. This method will develop into three different steps, following a systemic approach and using the Quadripolar Method: a) A study of the nature of the institution supported by the analysis of its purposes, its organs, its functions and its administrative practices, bearing in mind the evolution of these elements throughout time and the connections that are established between them, with the support of some organic laws and other legal diplomas. b) Identification and caracterization of the document series; the method that it will be used will include an analysis of the process of document production, and also of both the internal and external characteristics of that type of documents and the archival conservation, description and organization. c) Demonstration of the classification board: hierarchic structure and the logic that is behind the institution of this documental base. This work intends to answer the following questions: 1. How to classify archival documentation accumulated in the Tribunal Colectivo dos Géneros Alimentícios? 2. How to classify the offense/crimes processes at the Tribunal de Recurso at Intendência-Geral da Segurança Pública and the offense/crimes processes until 1936 at Tribunal Colectivo dos Géneros Alimentícios? 3. Are the circuit and the document production of the Tribunal Colectivo dos Géneros Alimentícios similar to the production of documents in regular jurisdiction courts? 4. What are the specific level procedural and documentary types?
Resumo:
The text analyses the intelligence activity against Poland in the period 1944-1989. The paper also contains a case study, i.e. an analysis of the American intelligence service activity held against Poland. While examining the research thesis, the author used the documents and analyses prepared by the Ministry of Internal Affairs. In order to best illustrate the point, the author presented a number of cases of persons who spied for the USA, which was possible thanks to the analysis of the training materials of the Ministry of Internal Affairs directed to the officers of the Security Service and the Citizens’ Militia. The text tackles the following issues: (1) to what extent did the character of the socio-political system influence the number of persons convicted for espionage against Poland in the period under examination?, (2) what was the level of interest of the foreign intelligence services in Poland before the year 1990?, (3) is it possible to indicate the specificity of the U.S. intelligence activity against Poland? 1) The analysis of data indicates that the period 1946-1956 witnessed a great number of convictions for espionage, which is often associated with the peculiar political situation in Poland of that time. Up to 1953, the countries of the Eastern bloc had reproduced the Stalin’s system, which only ceased due to the death of Stalin himself. Since then, the communist systems gradually transformed into the system of nomenklatura. Irrespective of these changes, Poland still witnessed a wave of repressions, which resulted from the threats continuously looming over the communist authorities – combating the anti-communist underground movement, fighting with the Ukrainian Insurgent Army, the Polish government-in-exile, possible revisionism of borders, social discontent related to the socio-political reforms. Hence, a great number of convictions for espionage at that time could be ascribed to purely political sentences. Moreover, equally significant was the fact that the then judicial practice was preoccupied assessing negatively any contacts and relations with foreigners. This excessive number of convictions could ensue from other criminal-law provisions, which applied with respect to the crimes against the State, including espionage. What is also important is the fact that in the Stalin’s period the judiciary personnel acquired their skills and qualifications through intensive courses in law with the predominant spirit of the theory of evidence and law by Andrey Vyshinsky. Additionally, by the decree of 1944 the Penal Code of the Polish Armed Forces was introduced; the code envisaged the increase in the number of offences classified as penalised with death penalty, whereas the high treason was subject to the military jurisdiction (the civilians were prosecuted in military courts till 1955; the espionage, however, still stood under the military jurisdiction). In 1946, there was introduced the Decree on particularly dangerous crimes in the period of the State’s recovery, which was later called a Small Penal Code. 2) The interest that foreign intelligence services expressed in relation to Poland was similar to the one they had in all countries of Eastern and Central Europe. In the case of Poland, it should be noted that foreign intelligence services recruited Polish citizens who had previously stayed abroad and after WWII returned to their home country. The services also gathered information from Poles staying in immigrant camps (e.g. in FRG). The activity of the American intelligence service on the territory of FRG and West Berlin played a key role. The documents of the Ministry of Internal Affairs pointed to the global range of this activity, e.g. through the recruitment of Polish sailors in the ports of the Netherlands, Japan, etc. In line with the development in the 1970s, espionage, which had so far concentrated on the defence and strategic sectors, became focused on science and technology of the People’s Republic of Poland. The acquisition of collaborators in academic circles was much easier, as PRL opened to academic exchange. Due to the system of visas, the process of candidate selection for intelligence services (e.g. the American) began in embassies. In the 1980s, the activity of the foreign intelligence services concentrated on the specific political situation in Poland, i.e. the growing significance of the “Solidarity” social movement. 3) The specificity of the American intelligence activity against Poland was related to the composition of the residency staff, which was the largest in comparison to other Western countries. The wide range of these activities can be proved by the quantitative data of convictions for espionage in the years 1944-1984 (however, one has to bear in mind the factors mentioned earlier in the text, which led to the misinterpretation of these data). Analysing the data and the documents prepared by the Ministry of Internal Affairs, one should treat them with caution, as, frequently, the Polish counter-intelligence service used to classify the ordinary diplomatic practice and any contacts with foreigners as espionage threats. It is clearly visible in the language of the training materials concerned with “secret service methods of the intelligence activity” as well as in the documents on operational activities of the Security Service in relation to foreigners. The level of interest the USA had in Poland was mirrored in the classification of diplomatic posts, according to which Warsaw occupied the second place (the so-called Group “B”) on the three-point scale. The CIA experienced spectacular defeats during their activity in Poland: supporting the Polish underground anti-communist organisation Freedom and Independence and the so-called Munich-Berg episode (both cases took place in the 1950s). The text focuses only on selected issues related to the espionage activities against Poland. Similarly, the analysis of the problem has been based on selected sources, which has limited the research scope - however, it was not the aim of the author to present the espionage activity against Poland in a comprehensive way. In order to assess the real threat posed by the espionage activity, one should analyse the case of persons convicted for espionage in the period 1944-1989, as the available quantitative data, mentioned in the text, cannot constitute an explicit benchmark for the scale of espionage activity. The inaccuracies in the interpretation of data and variables, which can affect the evaluation of this phenomenon, have been pointed out in the text.
Resumo:
El presente artículo se refiere a la evolución que experimentó la villa de Chillón en los decenios centrales del siglo XIV. Chillón, perteneciente al término de Córdoba, fue señorío de relevantes personajes de la época. Entre 1344 y 1350, perteneció a Bernardo de Cabrera, privado de Pedro IV de Aragón. Posteriormente, pasó a poder de Juan Alfonso de Alburquerque, que desempeñó la misma función en la Corte del rey Pedro de Castilla. Reintegrada posteriormente a la jurisdicción de Córdoba, fue entregada por Enrique II a su hermano don Sancho, que no logró vencer la oposición de la ciudad y no llegó realmente a posesionarse de la villa, la cual terminó por vender a Diego Fernández de Córdoba, alguacil mayor de Córdoba, en 1370.
Resumo:
Este trabajo es el resultado de un detallado estudio acerca del modo como la justicia e institución inquisitorial consiguieron penetrar en los espacios propios de la jurisdicción señorial de Monarquía Hispánica durante el siglo XVII. Para realizar este análisis se ha tomado como objeto de estudio el ducado y la villa de Pastrana, situados en la Alcarria. Los protagonistas de esta compleja problemática estudiada fueron los grupos de portugueses que se asentaron en el territorio de este señorío y en su villa principal a lo largo de los siglos XVI y XVII, los cuales participaron en su vida social, económica y política de manera muy intensa. Su papel en la dinamización y organización interna de este espacio señorial fue notable. La acusación de judaísmo contra algunos de estos portugueses y el procesamiento inquisitorial al que fueron sometidos nos permite ver algunos aspectos fundamentales de esta interesante cuestión.
Resumo:
A presente dissertação pretende compreender as origens e a actividade associada à capitania-mor do mar da Índia, considerado o segundo cargo mais relevante da estrutura político-militar do Estado Português da Índia, desde 1502 a 1564. Este cargo, transferido do reino para a Índia, ainda nos primórdios da presença portuguesa, em 1502, visou assegurar os interesses da Coroa na Ásia. Após a nomeação do primeiro vice-rei para a Índia, D. Francisco de Almeida, em 1505, este ofício foi desde logo disputado e requerido pelos governadores subsequentes. Na maioria das vezes era-lhes concedida a possibilidade de indicarem ao soberano quem pretendiam ao seu lado, para os auxiliar na realização do plano de expansão gizado pela Coroa. No entanto, ao monarca assistia a palavra final. Procuramos saber quem foram os oficiais que ocuparam a capitania e compreender que espaço era esse “Mar da Índia”. Considerado o controlo do mar como a base da afirmação e alargamento da presença portuguesa na Ásia, de acordo com os planos de expansão de D. Manuel I e D. João III, é relevante percebermos qual foi a área de autoridade desta capitania. Se o espaço é relevante, também as embarcações o são, por isso, tentamos perceber que tipos de embarcações faziam parte das armadas associadas a este ofício. Após o entendimento sobre o espaço e as embarcações, foi relevante percebermos os critérios da nomeação e as funções inerentes, as quais eram, sobretudo, do foro político-militar. Todavia, os poderes outorgados à capitania, de natureza marítima, foram por vezes alargados às praças portuguesas do Estado da Índia. Percepcionar de que forma e para que fins essa autoridade se ampliou também foi motivo de discussão. Compreender o estatuto social e o impacto do cargo nas trajectórias individuais, foram aspectos que foram tidos em linha de conta ao longo do nosso estudo. Tentamos igualmente avançar com hipóteses explicativas sobre o fim deste cargo. Com este estudo pretendemos compreender como a capitania-mor do mar da Índia fez parte do funcionamento da cúpula político-militar do Estado Português da Índia, ao longo de mais de meio século, como elemento estabilizador. Constatamos que o capitão-mor do mar também foi usado pelo rei, com o intuito de controlar o governador em funções.