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Império da lei: um estudo de sociologia do direito e da violência; Laws Empire: a sociological study on law and violence

Oda, Andre Augusto Inoue
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 02/09/2013 PT
Relevância na Pesquisa
45.96%
Resumo: Nessa pesquisa, realizo uma análise sociológica sobre o conceito de estado de direito e mostro as implicações da adoção desse conceito para a formação de uma visão própria do mundo social. Mostro que, se observarmos o estado de direito como uma construção coletiva operada no campo maior do poder, e não como uma formulação doutrinária gerada apenas no universo acadêmico das faculdades de direito, o estado de direito portará muitos significados diferentes, ambíguos e mesmo contraditórios. Mas será precisamente por essas qualidades que serão tão decisivos para a manutenção de uma identidade do poder estatal sob seu emblema. Para compreender o processo histórico através do qual o signo do estado de direito encontra sua supremacia, realizei uma sociologia histórica sobre a ascensão global das elites jurídicas no campo do poder em meio ao processo de decadência do regime militar e a concomitante redemocratização dos anos 1990. Para compreender a ampla gama de significados do estado de direito, decorrentes do caráter coletivo de sua formação, analisei um conjunto extenso de artigos de opinião sobre criminalidade, violência de estado e segurança pública publicados no principal jornal impresso brasileiro desde aquela época...

A comparison of performance indexes in DC-DC converters under different stabilizing state-dependent switching laws

Yoshimura, Victor L.; Assunção, Edvaldo; Teixeira, Marcelo C. M.; Mainardi, Edson I.
Fonte: Universidade Estadual Paulista Publicador: Universidade Estadual Paulista
Tipo: Conferência ou Objeto de Conferência Formato: 1069-1075
ENG
Relevância na Pesquisa
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This paper deals with the problem of establishing stabilizing state-dependent switching laws in DC-DC converters operating at continuous conduction mode (CCM) and comparing their performance indexes. Firstly, the nature of the problem is defined, that is, the study of switched affine systems, which may not share a common equilibrium point. The concept of stability is, therefore, broadened. Then, the central theorem is proposed, from which a family of switching laws can be derived, namely the minimum law and the hold state law. Some of these are proved to stabilize the basic DC-DC converters and then, their performances are compared to another law, from a previous work, by simulation, where a great reduction in overshoot is obtained. © 2011 IEEE.

Ordem jurídica e forma valor : investigação sobre os limites da regulação jurídica no capitalismo contemporâneo; State law and value form : research on the limits of legal regulation on contemporary capitalism

Joelton Cleison Arruda do Nascimento
Fonte: Biblioteca Digital da Unicamp Publicador: Biblioteca Digital da Unicamp
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 22/11/2013 PT
Relevância na Pesquisa
55.89%
A crise capitalista em curso, disparada em 2007, colocou novamente no centro do debate político a questão das relações entre a regulação jurídico-estatal e a economia capitalista de mercado. Neste contexto, o problema das relações multiformes entre direito e capitalismo pode ser colocado em nova perspectiva. Nesta tese, por intermédio de uma leitura da crítica da economia política marxiana orientada pela análise da forma valor, buscou-se repropor uma versão radicalizada da crítica marxista do direito, concebendo este como uma instância reguladora intrinsecamente atada ao destino da socialização produtora de mercadorias.; The ongoing capitalist crisis, triggered in 2007, put back in the center of the political debate the issue of the relations between state-law regulation and capitalist market economy. In this context, the problem of the manifold relations between law and capitalism can be put into new perspective. In this thesis, through a reading of the Marxian critique of political economy driven by an analysis of value-form, we sought to re-propose a radicalized version of the Marxist critique of law, conceiving it as a regulator inextricably tied to the fate of commodities producer socialization.

Federal Corporate Law: Lessons From History

Bebchuk, Lucian Arye; Hamdani, Assaf
Fonte: Columbia Law Review Association, Inc. Publicador: Columbia Law Review Association, Inc.
Tipo: Artigo de Revista Científica
EN_US
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This paper analyzes the history of federal intervention in corporate law and draws from it lessons for the future. We show that federal intervention has generally not alternated between tightening state law restrictions on corporate insiders and relaxing them. Rather, federal law has systematically replaced state law arrangements with ones imposing tighter constraints on insiders. Without federal intervention, state law would have produced a corporate system that provides substantially weaker investor protection than the United States enjoys today. We also show that federal interventions have systematically taken advantage of additional tools (including public enforcement, criminal sanctions, gatekeeper liability, and agency-based regulations) beyond those that state law has chosen or been able to use. Overall, unless one views existing levels of investor protection as substantially excessive, past patterns suggest that state competition on its own is unlikely to produce an adequate level of investor protection. Furthermore, the recurring need for federal officials to rectify state law failures in order to provide investors with adequate protection indicates that federal lawmaking should be proactive rather than reactive. We thus recommend that...

Regime constitucional do direito privado das organizações religiosas

Alves, Othon Moreno de Medeiros
Fonte: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos Publicador: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos
Tipo: Dissertação Formato: application/pdf
POR
Relevância na Pesquisa
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In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France...

The Publicity “Defect” of Customary Law

Gauri, Varun
Fonte: Banco Mundial Publicador: Banco Mundial
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This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas and Rawls accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making the reasons for local dispute resolution practices, such as "begging" from elders, witchcraft, and openness of hearings, more widely accessible. The paper concludes that although legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically "defective" along this dimension.

Ohio State law journal; Law journal of the Student Bar Association, Ohio State University; Ohio State University law journal; Ohio St. L.J

Ohio State University -- Student Bar Association; Ohio State University -- College of Law; Moritz College of Law
Fonte: Universidade da Flórida Publicador: Universidade da Flórida
Tipo: Artigo de Revista Científica Formato: 1 online resource ( volumes) : ;
Publicado em // ENGLISH
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(Bibliography) Includes bibliographical references.; (Additional Physical Form) Online version of the print publication.; (Dates or Sequential Designation) Began with volume 1 (1935).

Professions and federation: the emergency of a national market in legal services and a national legal profession

Connolly, Terry
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 69030 bytes; 358 bytes; application/pdf; application/octet-stream
EN_AU
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[Introduction]: As we approach the mid point of the Centenary of Federation, the fine speeches about the emergence from separate squabbling colonies, each a maket in itself protected by custom barriers, into a strong nation based on a single economy, ring in our ears....If the establishment of a national uniform market was the chief goal, besides common defence under the imperial umbrella and a now-discredited desire for uniform restrictive racially based immigration laws, why has it taken nearly one hundred years for a genuine national market to emerge for professional services. The rules of admission for practice to the profession of law, in common with the rules and requirements for admission to practice in other professions, were matters for the states. No doubt there were strong concerns in the smaller states that opening an unrestricted market for legal services would see the dominant bars of Sydney and Melbourne overwhelm the other states. I understand that for many years the admission rules in Queensland, which made it particularly difficult for a person whose practice was based in Sydney, were referred to as the ‘dingo fence’. Perhaps lawyers did not contemplate the concept of a national market. we have, depsite federation...

Regulation in the age of governance: the rise of the post- regulatory state

Scott, Colin
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 101644 bytes; 351 bytes; application/pdf; application/octet-stream
EN_AU
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Introduction : This chapter forms part of a larger project examining governance ‘beyond the regulatory state’. Governance has been defined in a variety of ways in both official and secondary literatures. In this chapter the ‘age of governance’ is conceived in terms of recognizing the dispersal of capacities and resources relevant to the exercise of power among a wide range of state, non-state and supranational actors. An analysis in which governance is no longer seen as the exclusive prerogative of the nation state presents a challenge to the literature which argues that the last years of the twentieth century witnessed ‘the rise of the regulatory state.’ (Majone 1994). In this chapter three core assumptions of the regulatory state movement are scrutinized using theoretical and empirical literatures which challenge one or more of these central ideas: regulation is instrumental in character; the state is necessarily central to regulatory governance; state law is a central instrument of regulatory governance. Each of these assumptions has a descriptive and a normative dimension, both of which are assessed in the critique. The objective of the analysis is not wholly to dispense with the assumptions but rather to act as a corrective to an influential literature which...

The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste

Grenfell, Laura
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Thesis (PhD); Doctor of Philosophy (PhD)
EN
Relevância na Pesquisa
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The re/establishment of the ‘rule of law’ in transitional countries has become a mantra of the international community. At its core, the rule of law assumes that the state enjoys a monopoly of law. This thesis argues that the promotion of the rule of law in transitional countries gives insufficient attention to whether a strong level of legal pluralism exists, in that forms of non-state law, such as customary law, operate in parallel with state law and are preferred by a large proportion of the population. A strong level of legal pluralism is the norm in many regions of the world, particularly in Africa, Asia and the Pacific, where between 80 to 90 per cent of disputes are taken to non-state legal mechanisms for resolution. This study examines two transitional countries, South Africa and Timor-Leste, which are attempting to re/establish the rule of law and where legal pluralism is strong. ...; Yes

Marine bioprospecting: international law, Indonesia and sustainable development

Siswandi, Achmad Gusman Catur
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Thesis (PhD); Doctor of Philosophy (PhD)
EN_AU
Relevância na Pesquisa
45.92%
Bioprospecting is an element of the commercial exploitation of biodiversity which has sparked a number of legal issues, especially in terms of regulating access to and the sharing of benefits arising from the utilisation of genetic resources. Current studies in this field have largely focused on terrestrial genetic resources. Marine genetic resources need a special attention not only because of their significant economic potential but also because their sustainability is currently threatened by the degradation of the marine environment. By using Elinor Ostrom’s theory of collective action in governing the global environment, this thesis provides an analysis of what legal frameworks should be adopted to regulate marine bioprospecting activities. This thesis is centred on the development of a legal framework for marine bioprospecting in Indonesia, a megadiverse country and the largest archipelagic State in the world. With such distinctive features, Indonesia holds a significant position in the field of marine bioprospecting. However, the current legal regime in Indonesia is still inadequate to address the legal issues related to marine bioprospecting activities. In addition, Indonesia has been facing numerous environmental challenges...

Deployment of state traffic law enforcement officers for Homeland Security

Thomas, Mark D.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Tipo: Tese de Doutorado Formato: xxi, 59 p. : ill., col. ;
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CHDS State/Local; consider their role in Homeland Security. Significant federal studies provided federal agencies with direction on needed changes; for state law enforcement there remains much to study. Deployment of traffic law enforcement officers in many agencies has not changed since 9/11, and remains a substantial resource that could be used for prevention of terrorist attacks. Changing deployment priorities of traffic law enforcement officers is complicated by the impact it could have on traffic safety and the over 40,000 people that are killed on America's highways every year. It becomes more complex with issues such as civil liberties concerns, political acceptability, citizen expectations and regulatory compliance. This thesis evaluates options for the deployment of traffic law enforcement officers to enhance Homeland Security efforts. It examines the value of traffic officers to overall deterrence plans and calls for the increased use of targeted and concentrated traffic patrols rather than random patrols. It recommends a strategy of intelligence based deployments as part of a layered security system that can maximize the total impact to the traffic safety and Homeland Security missions of state law enforcement agencies.; Captain...

Building bridges - law and justice reform in Papua New Guinea

Dinnen, Sinclair
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 139674 bytes; 367 bytes; application/pdf; application/octet-stream
EN_AU
Relevância na Pesquisa
46%
Introduction: Problems of lawlessness loom large in current accounts of Papua New Guinea. Concerns about these have induced high levels of personal insecurity, as well as providing a major disincentive to foreign investment. While such problems cannot be resolved by law and justice solutions alone, the continuing deterioration of PNG's ‘law and order’ situation raises questions about the adequacy of the formal regulatory system. Successive governments have been loud with ‘tough’ rhetoric, like many of their counterparts elsewhere. Practical responses have been essentially reactive and short-term. Australia, PNG’s largest aid donor, has claimed to concentrate on institutional-strengthening projects with individual law and justice agencies. While there have been achievements, it is clear that improving the performance of law and justice processes is a complex and long-term task and one that needs to be integrated with other areas of governance reform. Building a more effective law and justice sector requires strategies that go beyond the strengthening of particular institutions. Given the operational inter-dependence of law and justice agencies, a broader sectoral focus is needed. In addition, while the state is the central player...

Insecurity of Land Tenure, Land Law and Land Registration in Liberia

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Agricultural Study; Economic & Sector Work
ENGLISH
Relevância na Pesquisa
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To implement the vision of fostering economic development, social equity, and a transparent and effective government, the Government of Liberia has outlined key transitions that need to be accomplished. These include the development of infrastructure (roads, electricity), schools, job creation and transition from war, civil conflict and social polarization to a well functioning society in which economic opportunities are fostered and distributed equitably. Yet clearly, reform of the land tenure system is also a priority of Government. This is because effective land policy makes an enormous contribution to improve the investment climate of Liberia, ensure maximum use efficiency of land; increase land based revenues and improves equity in the access and use of land, thereby reducing social polarization and violence. Today, security of land tenure in today's Liberia is weak to non-existent. Some of the key problems include the following: a) the legal distinction between public land and tribal lands lacks clarity...

ASSIMILATION THROUGH INCARCERATION: THE GEOGRAPHIC IMPOSITION OF CANADIAN LAW OVER INDIGENOUS PEOPLES

Jacobs, Madelaine Christine
Fonte: Quens University Publicador: Quens University
Tipo: Tese de Doutorado
EN; EN
Relevância na Pesquisa
45.93%
The disproportionate incarceration of indigenous peoples in Canada is far more than a socio-economic legacy of colonialism. The Department of Indian Affairs (DIA) espoused incarceration as a strategic instrument of assimilation. Colonial consciousness could not reconcile evolving indigenous identities with projects of state formation founded on the epistemological invention of populating idle land with productive European settlements. The 1876 Indian Act instilled a stubborn, albeit false, categorization deep within the structures of the Canadian state: “Indian,” ward of the state. From “Indian” classification conferred at birth, the legal guardianship of the state was so far-reaching as to make it akin to the control of incarcerated inmates. As early iterations of the DIA sought to enforce the legal dominion of the state, “Indians” were quarantined on reserves until they could be purged of indigenous identities that challenged colonial hegemony. Reserve churches, council houses, and schools were symbolic markers as well as practical conveyors of state programs. Advocates of Christianity professed salvation and taught a particular idealized morality as prerequisites to acceptable membership in Canadian society. Agricultural instructors promoted farming as a transformative act in the individual ownership of land. Alongside racializing religious edicts and principles of stewardship...

Sovereignty, Law, and Capital in the Age of Globalization

Sobel-Read, Kevin B.
Fonte: Universidade Duke Publicador: Universidade Duke
Tipo: Dissertação
Publicado em //2012
Relevância na Pesquisa
46.03%

This dissertation offers a comprehensive model of contemporary nation-state sovereignty. To do so, it examines the mutually constitutive relationship between sovereignty and present-day globalization as well as the role of law and capital in creating, maintaining, and driving that relationship.

The scholarly treatment of nation-state sovereignty has been inadequate for several reasons. Older theories of sovereignty could not have foreseen the unprecedented technological advances that underlie our current system and therefore do not sufficiently explain it. More recent theories of sovereignty, in turn, tend to be too narrowly focused, such that a given model of sovereignty often only applies to that particular condition. Furthermore, the academic literatures on sovereignty and nationalism, while occasionally referencing each other, have failed to recognize that the two phenomena are parts of the same whole and therefore must be more fully integrated.

This dissertation argues that a comprehensive model of contemporary nation-state sovereignty must include two symbiotic elements. The first, referred to here as emotional sovereignty, involves subjective relationships with the state. As such, the substance of this element is unique for each group. The second element is a functional/instrumental element. It addresses ways that the sovereignty serves as an interface-mechanism with other sovereignties...

Society and the state together in the consolidation of basic family; A sociedade e o Estado juntos na consolidação da base familiar

Ferreira Ribeiro, Stephanie Paula; Universidade Federal Fluminense (UFF)
Fonte: Revista de Direito dos Monitores da Universidade Federal Fluminense (Monitor's Law Review); Revista de Direito dos Monitores da Universidade Federal Fluminense Publicador: Revista de Direito dos Monitores da Universidade Federal Fluminense (Monitor's Law Review); Revista de Direito dos Monitores da Universidade Federal Fluminense
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 07/09/2011 POR
Relevância na Pesquisa
45.93%
This paper aims to understand how there is the formation of the rights and duties of children and adolescents, comparing the case law and family perception of the needs of children and young people. Being the north point of this essay: withdraw the wide combination of possibilities that the theme suggests, an approximation of how state intervention occurs within the family, case will apply the said Act Spanking. From there then analyze the possible degree of respectability of the law and how it would change the daily family life. The methodology used for this test was the examination of the legal rule; texts that discuss the matter but that are not necessarily legal, research development grounded in interviews with education and law professionals and law and application of questionnaires to residents of Rio. As a result of this study were formulated analysis frameworks of understanding of the subject population and their degree of acceptance and respectability possible.; Neste texto objetiva-se compreender como ocorre a formação dos direitos e deveres da criança e do adolescente, confrontando a jurisprudência e a percepção familiar das necessidades infanto-juvenis. Sendo o ponto norteador deste ensaio: retirar, da ampla combinação de possibilidades que o tema sugere...

Reason of state: whose reason? which reason?'

Poole, Thomas
Fonte: Department of Law, London School of Economics and Political Science Publicador: Department of Law, London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /02/2013 EN; EN
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Since we tend to think of the state as a construct of law, how is it possible for a category of state action to exist somehow outside or beyond the law? Using the term ‘reason of state’ to specify this special category, the paper asks two more specific questions. When someone talks about reason of state, whose reason and which reason do they mean? Two attempts are made to answer the first question. One attempt seeks inspiration from early-modern state theory. The second looks to 18th century ‘jealousy of trade’ politics, particularly the sovereign claims of the East India Company. The second question is addressed tentatively, the paper suggesting (i) that reason of state may be seen as the mirror-image of Coke’s defence of the common law as artificial reason and (ii) that the basic structure of reason of state may be identified as semi-secret, based in reason allied to experience, offering guiding intelligence, and sovereign in a ‘soft’ sense.

The impact of state law on custom and leadership in a post-colonial state: A legal historical case study of centralised Wa and acephalous Chakali in northern Ghana.

Daannaa, Henry Seidu
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //1992 EN
Relevância na Pesquisa
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This dissertation is based on my research into two different types of societies located in the Republic of Ghana in West Africa. These societies are: Wa, a centralised society of identifiable groups; and, Chakali, an acephalous society of autonomous village groupings. My eight part text covers the pre-colonial, colonial and postcolonial experiences of Wa and Chakali. I argue in the thesis that, in a post-colonial state, the machinery of State Law should control the customary institutions of leadership in the country. My reasons for saying this include: 1) that the customary institutions of authority in the post-colonial state are the remnants of indigenous institutions which were trimmed to suit the needs of the Colonial Administration during the colonial period, and which therefore, consequently lost part of their traditional validity; 2) in the thesis it is proven that these institutions for minority societies in the post-colonial state are often imposed practices only brought on them through colonial law and policy during the colonial period; 3) I conclude that in a post colonial state the state must, where national interests are at issue, intervene actively, by law, in all customary forms of leadership which bear the semblance of colonial legacies.

Planning law versus the right of the poor to adequate housing: A progressive assessment of the Lagos State of Nigeria's Urban and Regional Planning and Development Law of 2010

Akintayo,Akinola E
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 EN
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The notion of the neutral application of law is the very foundation of liberal societies, in spite of the fact that this notion has been debunked as a myth by a large body of scholarship. This notion continues to pervade liberal societies, operates discriminately against the poor and less privileged members of society and impedes poverty reduction efforts. The article demonstrates the exclusionary and discriminatory operation and impact of the myth of the neutral application of law on the right of the poor to adequate housing through a progressive assessment of the Lagos State of Nigeria's Urban and Regional Planning and Development Law, 2010, a supposedly neutral planning statute. It concludes that, for the fight against poverty to make any headway in Africa, poverty reduction must continually be mainstreamed. There must constantly be a pro-poor approach to laws and policies.