Abstract In Colombia, political decisions related to the countryside preserve an unjust social order, maintaining inequities and obstacles to the well-being and life quality of farmers. In this scenario the Territorial Arrangement Planning of the San Nicolas Valley, in the East of the department of Antioquia, has generated a series of rural conflicts that accentuate the vulnerabilities of rural residents, threatening the agricultural tradition in this subregion. Thus, this study inquired about the perceptions of legality in the peasant population of the area. A descriptive-correlational study with non-probabilistic sampling was carried out, including 380 peasants, members of civic-rural associations of the San Nicolas Valley, evaluating in four scales: beliefs, values, knowledge of the law and perceived legality in the context. Statistical analyses were performed in SPSS v.22 software. The findings indicated significant relationships between the study variables. Despite the state abandonment of the proletariat to market forces in an area with socioeconomic imbalances, no determining link was found between low income and violation of the law.
APPROVED ; The work which follows examines the process by which private actors in the digital market are redefining fundamental rights through their contractual terms and practical operation. The argument is allied to works which consider ?digital constitutionalism,? the idea that private actors in the digital market are increasingly displaying constitutional features through their contractual terms and documents. Unlike a majority of work in the area of digital constitutionalism the work does not argue that private actors setting rights based standards represents a positive development. Rather, the work argues that private actors, through their re-definition of public, normative standards are generating a body of rules and practices which have displaced democratically decided rights standards with negative consequences for individual autonomy and the Rule of Law. The work argues that this process has been enabled by three features of EU law and policy. The first is an approach of functional equivalence to laws governing the digital market. In accordance with this approach the digital market has been treated as equivalent to traditional markets and its participants are viewed as requiring no additional or supplementary protections or regulations. Of particular significance in functionally equivalent attitudes to the digital market is the Union?s deference to freedom of contract as part of an ordoliberal attitude to market regulation. While this attitude is now beginning to erode (to some extent) in the context of data protection it remains the dominant regulatory approach of the European Union in the digital market. The second feature, not unrelated to the first, is the Union?s preference for economic rather than socially orientated standards and protections in it policies as well as its secondary laws. As part of this preference, when fundamental rights cross the Rubicon from vertically enforced constitutional protections to horizontally enforceable legislative ones their content is transmuted in a manner which favours their economic over socially oriented aspects. The third feature, is what is referred to within the work as the Union?s brittle constitutionalism ? that is the Union?s hesitant and incomplete articulation of and commitment to rights enforcement. This feature is the result in part of the Union?s ambiguous and at times hostile attitude to the development of fundamental rights policy. The work examines the impact of these trends and the rise of private policy they have generated on the rights to privacy and property under the Charter of Fundamental Rights.
This book looks at the interplay between criminal law and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate in both academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
In its 2009 decision in Infopaq (C-5/08), the Court of Justice of the European Union (CJEU) achieved a landmark result: the de facto, horizontal harmonization of the originality requirement. After that, nothing could stay the same. After providing an overview of the harmonization process in the copyright field over the past 30 years or so and, with that, the environment in which Infopaq came to be, this chapter considers Infopaq and the expansive effect of subsequent case law on other copyright subsistence requirements. The analysis also notes how the eventual outcome of Cofemel (C-683/17), insofar as works of applied art are concerned, is perfectly in line with such a jurisprudence. The chapter further considers the legal and institutional difficulties that such a string of CJEU decisions has given rise to and is yet to resolve before concluding that further questions are likely to be posed to the CJEU in the not too distant future. In other words: the construction of EU copyright is far from over.
[20] p. ; Law French and English in double columns. ; Caption title. ; Text begins: Tenir per seruice de chiualer, est a tenir p[er] homage feoalte .; To hold by knyght seruyce ys to hold by homage fealte . ; Publisher from colophon; date of publication suggested by STC (2nd ed.). ; Signatures: A⁶ B⁴. ; Reproduction of original in the Cambridge University Library.
[32] p. ; A revision of Henry VII's ordinances of 1491. ; Imprint from colophon. ; Signatures: A-B⁶ C⁴. ; Reproduction of the original in the Bodleian Library. ; Quire C only.
[15] p. : coat of arms. ; In Law French. ; Title from first two lines of text. ; Imprint from colophon; date of imprint suggested by STC (2nd ed.). ; Signatures: A⁸. ; Royal coat of arms of King of England opposite first page of text. ; Identified as part of STC 15725 at reel 97:6a. ; Reproductions of originals in the British Library (reel 97) and Bodleian Library (reel 1717).
Abstract The presence of urban green spaces (UGS) increases the human's contact with nature and provides numerous benefits to the society and the local environment. In this way, analyzing, planning and stimulating the implementation of UGS in cities is a fundamental action to improve the life quality of urban society. In this context, the aim was to analyze the situation and distribution of the green spaces of the universities cities of Lavras, Minas Gerais State (Brazil) and Newark, Delaware (USA). For data collection, researches performed field visits and used aerial photography to survey and analysis before calculating indicators including green area index (GAI) and green space ratio (GSR). The city of Lavras has a GAI of 0.54 m2 inh-1. The GSR value was 0.29%, not meeting the minimum of 5% required by local municipal law. Furthermore, there is a bad distribution of UGSs in the urban framework. However, in Newark, the distribution of UGSs is homogeneous and covers all regions of the city. The calculated GAI was 50.2 m² inh-1 and the GSR has met the 7% minimum required by its Newark Municipal Law. When comparing the two cities, in different countries and conditions it is concluded that Newark (DE) presents UGS indicators, GAI (m² inh-1) and GSR (%), higher than the values obtained in Lavras (MG), indicating the need for Government actions to increase these values.
1 sheet ([1] p.). ; Imprint information from STC (2nd ed.). ; Contains six imprints of coins in right margin. ; "Teste meipso/apud westmonasteriũ quinto die Julij regni nostri Decimonono. Regius Impressor. Win seynt Elens Guillam." ; Reproduction of original in: Society of Antiquaries.
1 sheet ([1] p.). ; Imprint information from STC (2nd ed.). ; Contains woodcut initials, no coin imprints. ; "Teste meipso/apud westmonasteriũ quinto die Julii anno regni nostri Decimonono." ; Reproduction of original in: Society of Antiquaries.
[140] p. ; By Sir Thomas Littleton. ; Title from opening words of text, A1r. ; Imprint from colophon; publication date from STC. ; An edition of: Tenores novelli. ; Signatures: a-h i⁶. ; Reproduction of the original in the Cambridge University Library.
Funding Information: This work was supported as part of the Strategic Research Programme of the Scottish Government Rural and Environment Science and Analytical Services (RESAS) division, Theme 3: Food and Health (Work packages 3.2 and 3.3). ; Peer reviewed ; Publisher PDF
The idea of hegemony, in its Gramscian sense, contributed to the renewal of several fields of social sciences in the 1970s and 1980s. This idea circulates between different geocultural spaces and different times. The approach adopted in this article starts from the contexts in which this idea is mobilized, in order to show to which theoretical and practical stakes it answers. Focusing on four authors (Antonio Gramsci, Ernesto Laclau, Chantal Mouffe and Pablo Iglesias) and on the transfers from one author to another, the aim is to highlight the social conditions conducive to the deployment of this idea and to identify the (dis)continuities that punctuate its history. Throughout the socio-historical course marked out by the written productions of these four authors, one constant appears: the vitality of the concept of hegemony seems linked to periods of crisis - theoretical and / or strategic - of the left. ; Peer reviewed
The philosophical and political advantages tied to a break with Marxist thinking have been notable. With such a break with Marxism, economic and scientific determinism have been discounted – and it is in this sort of determinism that a classic critique of Marxism finds a reason for discrediting the Marxist-Leninist project. However, it seems the cost of totally abandoning Marxist thinking has not been sufficiently examined. This article seeks to remedy this with a comparative study of two philosophers' conceptions of conflict: Mouffe's perspective will be examined and compared to Castoriadis' view of radical democracy and its treatment of conflict. The paper seeks to show that a full break with Karl Marx weakens political radicalism. In other words, by opting for a perspective on conflict which fully renounces the Marxist view, Mouffe is doing away with both the idea of direct democracy and/or that of a revolutionary project. Her approach differs from that of Castoriadis who seeks, in some sense, to remain faithful to the emancipatory aspects of Marxian thought. ; Peer reviewed
Chantal Mouffe's is presented as one of the leading theoreticians of the radical left, as a disciple of Carl Schmitt and as a resolute opponent of the liberal tradition. However, according to the her own admission, Chantal Mouffe is more in the "social democratic" camp than in the "radical left" camp, she marks a fundamental difference with regard to Carl Schmitt and she claims her attachment to the liberal ideal. Starting from these discrepancies, this article defends the idea that Chantal Mouffe's thought is perceived as more radical than it really is. Chantal Mouffe intends to reform the liberal tradition rather than denying it. ; Peer reviewed
