Territorialización de la justicia en el País Vasco a fines de la Edad Media

[ES]En este artículo se realiza un repaso por la organización de la justicia (corpus, instancias...)en el territorio del Señorío de Vizcaya (País Vasco) en la Edad Media.

Probability and story-telling : normative and descriptive models of juridical proof

The operation of the law rests on the selection of an account of the facts. Whether this involves prediction or postdiction, it is not possible to achieve certainty. Any attempt to model the operation of the law completely will therefore raise questions of how to model the process of proof. In the selection of a model a crucial question will be whether the model is to be used normatively or descriptively. Focussing on postdiction, this paper presents and contrasts the mathematical model with the story model. The former carries the normative stamp of scientific approval, whereas the latter has been developed by experimental psychologists to describe how humans reason. Neil Cohen's attempt to use a mathematical model descriptively provides an illustration of the dangers in not clearly setting this parameter of the modelling process. It should be kept in mind that the labels 'normative' and 'descriptive' are not eternal. The mathematical model has its normative limits, beyond which we may need to critically assess models with descriptive origins.

A juridical-practical framework for the investigation of crimes against granting of public housing services

The public service enterprises are victims of crimes and felonies which may reduce their capacity to perform their functions. These enterprises expend much money and effort in order to prevent those criminal behaviors. For this reason they ask from the authorities more efficient measures against crime; however, such enterprises may feel that they are not being given sufficient importance and/or remedies in dealing with such crime. The aim paper of this is not to study the problem from de substantive criminal law point of view. Rather, this paper’s goal is to study the Colombia’s Rules of Criminal Procedure, which regulate the investigation of this kind of crime. The article will look particularly at the competency of the relevant authorities at the investigative stages. Finally, it will make some recommendations regarding a proper route towards the investigation of these criminal behaviors.

Objective quality of life, optimism, and social-juridical variables, as predictive ones of the subjective quality of life in disarmed Colombian persons

The goal of this research was to identify predic- tive psychosocial factors of the subjective quality of life in a group of 60 people, with ages between 19 and 57, from both sexes, included in the program of demobilization and social inclusion of the Pro- grama de la Alta Consejería para la Reintegración Social y Económica de Personas y Grupos Alzados en Armas en Colombia. this research was a predic- tive correlational descriptive study. the Question- naire of optimism/Pessimism was used to assess the optimist or pessimist trend, and, for assess the quality of life, these strategies were combined: a home visit to value the objective quality of life, the Analogous scale of subjective Quality of Life to value satisfaction and well-being, and a general format to collect socio-demographic and juridical information. Results show that some variables as perceived health, optimism, educational level, re- ligious believes, objective quality of life, type of demobilization and years spent in the armed group operating outside the law, are associated to better levels of perceived quality of life. The findings and limitations of the study are discussed.  

The construction of a juridical ontology

The need for the representation of both semantics and common sense and its organization in a lexical database or knowledge base has motivated the development of large projects, such as Wordnets, CYC and Mikrokosmos. Besides the generic bases, another approach is the construction of ontologies for specific domains. Among the advantages of such approach there is the possibility of a greater and more detailed coverage of a specific domain and its terminology. Domain ontologies are important resources in several tasks related to the language processing, especially in those related to information retrieval and extraction in textual bases. Information retrieval or even question and answer systems can benefit from the domain knowledge represented in an ontology. Besides embracing the terminology of the field, the ontology makes the relationships among the terms explicit. Copyright 2007 ACM.

Is there any defence for matricide? A juridical reading of Sophocles' Electra

Based on an analysis of Electra by Sophocles, it is proposed that the central concern of the dramatist is not the matricide of Clytemnestra itself. Sophocles invites the audience to reflect, as though they were the jury in a law court, on the legality of the actions of Electra. The play is thus a contribution to the debate on Justice in Greek society initiated almost two centuries previously.

Listening in to others : in between noise and silence

Since the launch of the ‘Clean Delhi, Green Delhi’ campaign in 2003, slums have become a significant social and political issue in India’s capital city. Through this campaign, the state, in collaboration with Delhi’s middle class through the ‘Bhagidari system’ (literally translated as ‘participatory system’), aims to transform Delhi into a ‘world-class city’ that offers a sanitised, aesthetically appealing urban experience to its citizens and Western visitors. In 2007, Delhi won the bid to host the 2010 Commonwealth Games; since then, this agenda has acquired an urgent, almost violent, impetus to transform Delhi into an environmentally friendly, aesthetically appealing and ‘truly international city’. Slums and slum-dwellers, with their ‘filth, dirt, and noise’, have no place in this imagined city. The violence inflicted upon slum-dwellers, including the denial of their judicial rights, is justified on these accounts. In addition, the juridical discourse since 2000 has ‘re-problematised slums as ‘nuisance’. The rising antagonism of the middle-classes against the poor, supported by the state’s ambition to have a ‘world-class city’, has allowed a new rhetoric to situate the slums in the city. These representations articulate slums as homogenised spaces of experience and identity. The ‘illegal’ status of slum-dwellers, as encroachers upon public space, is stretched to involve ‘social, cultural, and moral’ decadence and depravity. This thesis is an ethnographic exploration of everyday life in a prominent slum settlement in Delhi. It sensually examines the social, cultural and political materiality of slums, and the relationship of slums with the middle class. In doing so, it highlights the politics of sensorial ordering of slums as ‘filthy, dirty, and noisy’ by the middle classes to calcify their position as ‘others’ in order to further segregate, exclude and discriminate the slums. The ethnographic experience in the slums, however, highlights a complex sensorial ordering and politics of its own. Not only are the interactions between diverse communities in slums highly restricted and sensually ordained, but the middle class is identified as a sensual ‘other’, and its sensual practices prohibited. This is significant in two ways. First, it highlights the multiplicity of social, cultural experience and engagement in the slums, thereby challenging its homogenised representation. Second, the ethnographic exploration allowed me to frame a distinct sense of self amongst the slums, which is denied in mainstream discourses, and allowed me to identify the slums’ own ’others’, middle class being one of them. This thesis highlights sound – its production, performances and articulations – as an act with social, cultural, and political implications and manifestations. ‘Noise’ can be understood as a political construct to identify ‘others’ – and both slum-dwellers and the middle classes identify different sonic practices as noise to situate the ‘other’ sonically. It is within this context that this thesis frames the position of Listener and Hearer, which corresponds to their social-political positions. These positions can be, and are, resisted and circumvented through sonic practices. For instance, amplification tactics in the Karimnagar slums, which are understood as ‘uncultured, callous activities to just create more noise’ by the slums’ middle-class neighbours, also serve definite purposes in shaping and navigating the space through the slums’ soundscapes, asserting a presence that is otherwise denied. Such tactics allow the residents to define their sonic territories and scope of sonic performances; they are significant in terms of exerting one’s position, territory and identity, and they are very important in subverting hierarchies. The residents of the Karimnagar slums have to negotiate many social, cultural, moral and political prejudices in their everyday lives. Their identity is constantly under scrutiny and threat. However, the sonic cultures and practices in the Karimnagar slums allow their residents to exert a definite sonic presence – which the middle class has to hear. The articulation of noise and silence is an act manifesting, referencing and resisting social, cultural, and political power and hierarchies.

Reinforcing guardianship regimes through assisted decision-making : a Scottish perspective

Guardianship laws which provide legal mechanisms for decision-making on behalf of adults with limited or impaired capacity to make decisions have become a feature of most Western jurisdictions. In the UK, the Adults with Incapacity (Scotland) Act 2000 and the English and Welsh Mental Capacity Act 2005 have established a comprehensive framework for authorising medical, financial and welfare decisions to be taken on behalf of adults who are unable to take any or all such decisions themselves. One feature of guardianship regimes has been their tendency to evolve over time. Legal reforms have been instigated by the changes in philosophical views about how society should engage with adults with a decision-making impairment and also modern views about the role human rights play in guardianships regimes. The latest ideas in guardianship regimes around the Western world centre on the possibility of legal recognition of the concept of assisted decision-making...

Rikollisia sattumalta? : Naisten keskinäistä haureutta koskevat oikeudenkäynnit 1950-luvun Itä-Suomessa

The main focus of the research is on the genealogy of women's same-sex fornication in Finnish criminal law from 1889/1894 to 1971. Why were women included in the concept of same-sex fornication in Finland and why, where, and when was the law put into effect? Which women were tried, how did the trial proceedings evolve, and what kind of effects did the trials have afterwards? Which concepts were used? These questions have been approached through the analysis of the Finnish Penal Code, the criminal law science and four trial proceedings in Eastern Finland during the 1950s. The research draws on the epistemology of the closet and the concept of heteronormativity adapted from queer theories. It is method critical in utilising ethnography, micro history and feminist ethical self-reflection. The research consists of six scientific refereed articles (see appendix) and of a theoretical introduction. The main results of the research are: 1) The genealogy of Finnish decency [Sittlichkeit] can not be researched without oral histories, due to the late modernisation of Finnish society and the legal system, which does not follow the pattern of English, French and German societies. 2) The inclusion of women's same-sex fornication in the Finnish Penal Code is not incomprehensible when compared to the early modern European legislations and court practices. Women have been punished for the sins of Sodom, though not directly under the 1734 Swedish law. 3) Fornication and decency were ambivalent concepts in the 1889/1894 law, and juridical authorities offered controversial interpretations of them during the late 19th and early 20th centuries. 4) A peak in women's convictions occurred in the 1950s, and most of the trial proceedings took place in rural Eastern Finland. Neither the state nor the police were active in prosecuting; instead, the trial proceedings began "by accident". 5) From 1940 to 1960 police training lacked instructions concerning the interrogation of women suspected of same-sex fornication. 6) The figure of the penitent woman was produced in the chiasmic encounter of confession and police interrogation which moulded and was moulded by the epistemological matrix of shame, honour, and decency. Women's speech acts were judicialised as confessions which enabled the disciplinary tampering with the women's bodies. 7) Gender and personality, more than sexuality, or "criminality" defined the status of the convicted women in their village communities after the trials. 8) Relations between police training, sexuality, and decency have not been well researched in Finland. 9) Decriminalisation in 1971 did not mark the end of homophobic legal discourse, even though the 1999 reform of sexual crimes took the form of gender neutral conceptualisation

Owning the new economy: A guide to intellectual property management for Australia's clean technology sector

Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level some of the foundational questions that ought be asked by entities involved in the 'cleantech' industries. Beginning simply at what is IP and why it matters, this manual examines the models of IP management available to market participants around the world. The process of IP management is defined and assessed through a commercial lens; assessing the 'pros' and 'cons' of each management choice with a view to equipping the reader to determine which approach may be best adapted to their given clean tech project. The manual concludes with a brief survey of alternative models of Intellectual Property management, including relevant examples from overseas and prominent suggestions arising out of the academic discourse. It appears inevitable that the global warming challenge will prompt specific legislative, regulatory and multi-lateral responses by nation states, however, the ultimate form of any such response remains a highly contested political and social issue. Accordingly, the structure of this manual, and the discussion points raised herein, seek introduce the reader to some of the more contentious debates occurring around the world at the intersection between IP and climate change.

Opetussuunnitelman mallin jäsennys : sisältö ja pedagogiikka kokonaisuuden rakentajina

Structuring of the Curriculum Design: Content and Pedagogy Constructing the Whole The object of this qualitative study is to structure curriculum design by drawing from the characteristics of subject content and pedagogy. The aim is to first outline the forms of content and pedagogy within the National Core Curriculum for Basic Education. By analysing these forms I then aim to construct a general view of the curriculum’s structure and its developmental potential as it relates to both current and future pedagogical and intellectual interests. The written curriculum is examined as part of the educational guidance system, which means that it is an administrative and juridical document that governs teacher action and has a pedagogical and intellectual character. Didactical schools, curriculum ideologies and curriculum-determinants are all discussed as means of approaching the curriculum model. Curriculum content itself is defined by the different forms and conceptions of knowledge. The representation of curriculum content can be defined to be either specific or integrated. Curriculum pedagogy is in turn defined on the basis of the prevailing conception of learning and teaching. The pedagogy within the curriculum can be open or closed depending on the extent of pedagogical freedom allowed. An examination of the pedagogical dimension also covers the subject of the interfaces between formal education and informal learning, which must be taken into consideration when developing school pedagogy and therefore also in the curriculum. The data of the study consists of two curriculum documents: The Finnish National Core Curriculum for Basic Education issued in 1994 and the present National core curriculum for basic education issued in 2004. The primary method used in the study is theory-based content analysis. On the one hand the aim of the analysis is to determine if the structure, i.e., model, of the curricula is built from unconnected, self-contained elements, or whether the separate parts make a coherent whole. On the other hand, the aim is also to examine the pedagogical features the two curricula contain. The basis of the study is not the systematic comparison of the curriculum documents, yet an analysis of two very distinct documents must also be based on an examination of their inherent differences. The results of the study show that the content in the analysed documents is not integrated. The boundaries between divisions are clearly defined and the curricula are subject-oriented and based on theoretical propositional knowledge. The pedagogy is mainly closed and based on strong guidance of content, structured student evaluation and measurable learning experiences. However, curriculum documents do have representations of integrated content: the themes covered early on in the core curriculum guidelines of 1994 permeate systematically the different divisions of the curriculum. The core curriculum guidelines of 2004 in turn reveal skills which create connections between subjects. The guidelines’ utilise out-of-school environments and accommodate learner experiences, and focus on flexible studying and emphasize individual learner needs. These characteristics reveal an open form of pedagogy. In light of these results, it is possible to reach an understanding of the content and pedagogical development possibilities of the curriculum. The essential viewpoints are then the setting of thematically-oriented aims as a basis for content development, the curriculum’s pedagogical structuring on the basis of the learning process and the enhancement of connections between curricular content and pedagogy in a purposeful way. Keywords: curriculum, curriculum theory, curriculum design, core curriculum guidelines, teaching content, pedagogy