Suchergebnisse

Las tasas de crecimiento industrial colombiano en los 30 superaban el 10%, mientras el dinamismo global de la economia era especialmente bajo. Estudia el sector textil que, por si solo, explica la mitad del crecimiento industrial entre 1930-39 y el 67% entre 1940-45. Descarta la influencia que pudo haber jugado la devaluacion y el arancel como aspecto secundario del proceso de auge y relativiza el papel detonante de la demanda. La clave se encontraria en que, bajo condiciones de oferta ilimitada de mano de obra, fue crucial la existencia de una nueva y pujante burguesia nacional que supo aprovechar las oportunidades que brindaba el mercado internacional, a diferencia de otros pequenos paises con economias de enclave donde, como han puesto de manifiesto otros autores (Frank, Cardoso, Fallet

Summarium Imprimis synthesim criticarum normae concordatae praebet qua ciare problemata circa eam apparent. Deinde diversa stadia evolutionis legislativae in Hispania circa thema breviter contrahit. Aspectus fundamentales regiminis áocentis in legislatione concordata aliarum nationum etiam examinat. Pastquam orientationes doctrinales Concilii Vaticani II meminit, ad expositionem iudicii episcopatus hispanici de hac re transito Rigore systematico positionem huius episcopatus circa hae tria praesentat nempe: 1) institutionem religiosam : 2) scholas Ecclesiae; 3) situationem aequalitatis inter diversas scholas statales vel non. Cum hoc thema complexum sit, opus nihil aliud quam possibilem propositionem problematum constituit. Solutiones quaestionum hic inveniri nequeunt; auctor enim tantum problema illuminare intendit. --- Abstract In a brief synthesis, the author, voicing the critiques which have been made about the concordate norm, situates with precision the problematic which is put forward. He then summarizes the distinct steps which record, in Spain, the legislative evolution on the matter, and likewise shows the basic aspects of the educational system in the concordate legislation of other countries. After bringing to mind the doctrinal orientations of the Second Vatican Council, the author centres his attention upon the exposition of the Spanish episcopacy's point of view. With systematic rigour, he presents the position of the Spanish episcopacy in relation to the following three points: 1) religious instruction; 2) educational centres belonging to the Church; 3) the situation of equality between different educational centres, be they of the State or noto Given the complexity of the subject at hand –to which the author frequently refers- the work seeks with preference the suggestion of a possible skating of the case . In other words, the author do es not pretend to give solutions, but rather to illuminate the problem.

From the book entitled "O novo socialismo frances e a América Latina", edited by the author and H. Trindade, scheduled for publication by Editora Paz e Terra, São Paulo, 1982.

In this paper, the author offers a morphological study ot coercion as a means ot social control organized within political society. We are dealing here with a highly descriptive study, a tact which does not prevent the author from incidentally making scientitic appraisals or trom delíberately offering the bases tor appreciations ot an ethical and social nature. After a series ot introductory considerations destined to put torth the presence and objectives ot coercion and ot violence within the ample panorama ot social realíty -and particularly within the framework ot political experiences- the author proposes a precise concept ot coercion which serves as a gUide tor a more complete and more satistactory typological analysis ot the same. The first step in this analysis consists ot the differentiation between the two main types ot material coercion -physical and moral- and that type ot coercion which the author calls virtuai, which tinds its most commonly known and treated manitestation in mandates and imperative acts. It is important to point out the observations dedicated to the concepts ot admonition and ot degradation as the principal forms ot moral coercion, as well as those which are brought to bear upon the idea ot political Constitution in its relations with the phenomena of material and virtual coercion. In the concepts of political «retention» and «subjection», we find a plausible base of discussion for making up a realístic image of the Constitution of the State, as it is considered in one of its facets. The author then dedicates a large part ot his study to examining the diverse modalíties of coercion, keeping in mind the different functions which it can accomplish. He then explains, along with the thoroughly studied torms of reparatory and dissuasive coercion, the ideas of basic polítical coercion -to be found in practice in deportation measures, for example-, ot eliminatory coercion -which touches, very characteristically, acts pertaining to the políce- and of testimonial coercion. The study of this last type leads to the establishment ot various interesting conclusions with regard to judicial proceedings of a polítical nature, and the exercise of the prerogative ot penal grace by means of amnesty or indult. Finally, the explanation of the contrast between ponderable coercion and expeditious coercion contributes to the desirable finality ot correctly determining the límits ot Law within the framework ot coercion as a means of social control within the State.

El autor ha autorizado la publicación en "Apuntes" del borrador del Capítulo V, Sección 1, de su libro en preparación sobre "Sistemas Administrativos". El texto aquí reproducido corresponde al comienzo de la Segunda Parte, titulada "Teoría de la Administración Gubernamental". En ella se particularizan para el Gobierno Nacional los principios del análisis sistémico, generalizados en la Primera Parte del libro a todas las instituciones administrativas de la vida social. ; The author had authorized the publication in "Apuntes" of the draft of Chapter 5, Section 1, of his forthcoming book "Administrative Systems". The text corresponds to the beginning of the Second Part, entitled "Theory of Governmental Management". In it the author specifies the principal of Systemic Analysis for the National Government, generalized in the First Part of the book to all types of administrative institutions of the social life.

Summarium Intendit hoc studium responsum dare articulo P. Romualdo Rodrigo, O. A. R., edito in recensione Romanae Universitatis Gregorianae, «Periodica», a. 1973, p. 503-550. Per copiosa data considerationesque significatur status processuum matrimonialium in Hispania. Urgetur character iudicialis, non administrativus, Decreti ratificantis, sicut in Motu proprio «Causas matrimoniales » regulatur. Respectu matrimonii, Hispania non est fautor divortii, et tramitatio causarum matrimonii canonici, vel nullitatis sint vel separationis, reservatur tribunalibus Ecclesiae. Res publica agnoscit valorem harum decisionum quantum ad effectus civiles, quorum determinatio iudicibus civilibus competit Animadvertitur praestantia quam pro matrimonio et familia leges hispanae habent, non enim tribuunt effectus iuridicos separationi consensuali ad mentem doctrinae et iuris Ecclesiae. Ideo non permittitur transigere in solutione vinculi, neque in ruptura cohabitationis, neque in officio patrum. catholicae filiorum instructionis. Statu actuali divortiorum, nullitatum separationumque considerato, urgetur convenientia Ecclesiae tuendi, ubi possibile sit, sanctitatem atque dignitatem matrimonii familiaeque et non cedendi ius suumcognitionis causarum matrimonialium separationis. Pro munere quod Ecclesia fidelibus suis praestare debet quantum ad iustitiam de matrimoniis, principia, qUibus tribunalium ecclesiasticorum ordinatio regi debeat, studuuntur. Specialiter considerata est convenientia Rotae Nuntiaturae Apostolicae Matritensis, in relatione cum tribunalibus minoribus Hispaniae et cum pontificiis, praesertim cum sacra Rota Romana. Auctor examinat argumenta adducta contra tribunalia ecclesiastica hispana. Denique proponuntur conclusiones et sugerentiae circa tribunal unipersonale in unaquaque dioecesi, circa tribunalia facultativa provincialiaet dioecesana, circa tribunalia Barcinonis Matritique, et circa Rotam Nuntiaturae Apostolicae. Magni momenti sunt varia schemata circa gradationem tribunalium. Erectio Studii Rotalis postulatur. --- Abstract This paper appeared in response to an article of P. Romualgo Rodrigo, OAR. which had be en published in «Periodica» (1973), pp. 503-550, a journal of the Gregorian University in Rome. Reporting a grand Lumber of facts and considerations, the author explains the actual condition of matrimonial processes in Spain. He insists in the judidal, and not administrative, nature of the ratifying Decree, as determined in the Motu proprio .Causas matrimoniales». Spain does not recognize divorce, and the transaction of the causes of marriage according to canon law, whether it be a case of nullity or separation, is reserved for the Church courts. The government recognizes these decisions to all legal effects, which should be determined by the civil courts. The author points out the advantage that Spanish law offers with respect to marriage and the family since the civil code does not concede legal effects to a consented separation, in agreement with Church doctrine and law. Therigidity of Spanishlaw withrespect to the dissolution of the marriage bond, the decision of the married couple to live apart, and the parentalresponsabilities regarding the Catholic upbringing of the children is a logical consequence of this posture. Considering the current state of divorce, nullificationand separation, the •author insists that the Church must, whenever possible, strive to safeguard the dignitv and holiness of marriage and of the family; and should not surrender its right to decide cases of matrimonial separation. In relation to the service which the Church offers its faithful seeking justice in matrimonial affairs, this paper studies the principies which should guide the organization of the ecclesiastical courts. The author hasexamined with special attention the convenience of the Rota of the Apostolic Nunciatura in Madrid, in •relation to the lower Spanish and pontificalcourts, specially the Sacred Roman Rota. The author analizes subsequently the arguments which are employed in Spain to discredit the ecclesiastical tribunales. At the end of this paper various conclusions and suggestions are offered with respect to the unipersonal diocesan courts, the provincial and diocesan tribunales, the courts in Barcelona and Madrid, and the Rota of the Apostolic Nunciature. The report also provides interesting illustrations, showing the different levels of the distinct tribunales. The author advocates a serious study of the Rota.

Starting froro the idea that education is at the service of personal freedom, the author of this article explains and justifies the thesis that in order to forro free persons, freedom · ofeducation is . an indispensable condition. After identifying the concepts of education, freedom, and person, as well as the relationships that exist between the educactional proeess and the right to education, the author warns that the meaning of freedom and the acceptance of responsability are closely related to the concept which one holds of person and especially to the .difference between considering the person as a beginning or as a resulto If the human person is understood to be a starting principIe, then implicitly we say that the person constitutes the free origin of all action, for which there is complete responsability. If, on the other hand, we consider man to be the result of, say, social, biological or technological factors, then neither freedom nor responsability can be attributed to him. The author then studies the 'Reductionist conceptions of education which are in vogue today. These are the Pragmatistic, Political and Criticistic approaches. He especially underlines the difficulties and obstacles tOOt lie in the face of freedom of edueation, arising from the confusion bet\Veen educative action and social or political aetion, a confusion that stems principally from Social Determinism. The author then underllnes the points of friction that arise from different opinions and attitudes with respect to the distinct contents of the educational process and which are projeeted mainly in the field of the different interpretations given of culture as well as· in the field of personal values, especially re1igious values. The action of the State can be effective in the field of technical affairs but it does not possess any legitima te capacity to impose a particular interpretation of culture or of the religious fact. For this reason, in the field of education the action of the State can on1y be a propelling and permitting force, or, in any event, á supplementary action. The author also, taekles the problem of possible solutions which are open to the plurality of educational conceptions. After pointing out the negaclve character of the neutral ' school and of the so-caIled pluralistic school, he suggests the autonomous school as the reasonable solution, both in function of educational authenticity and of ethical requirements with regard to the freedom of the human individual in educational matters. Educational institutions . require a framework of autonomy in order to be able to respond to every concept of life and of education with an adequate and peculiar type of school, and in order to provide an adequate atmosphere so that the free initiative and responsability of youngsters can expand and grow, and thus convert them into true adults who are eapable of using their freedom with a true sense oE responsability.

The author begins with the recent campaign organized by the mass media with the aim of introducing divorce in the Spanish legal system either for all types of marriage, or at least for the civil formo No type of international agreement in this sense binds the Spanish state, nor is it one of the conditions required by the Treaty of Rome for membership of the EEC. The author studies the indissolubility of marriage in Spanish Constitutional History, in which it is a traditional principie (with the exception of the period 1932-1939). This principie has been incorporated into the Fuero de los Españoles (Charter of Constitutional Rights of 1939); it has been declared a question of internal public order by the judiciary, with the result that divorce is unknown. The Second Vatican Council has not changed the traditional Catholic viewpoint regarding the indissolubility of all marriages, including those purely civil or legitimate cases, as pertaining to Natural Law. When divorce was introduced into Italy the aforementioned teaching was clearly re-affirmed by the Italian Episcopal Conference with the explicit approval of Paul VI. In the conclusions the author deduces that from the position of fidelity of the Church's teaching one cannot introduce divorce into the Spanish legislation, neither in the case of canonical nor of merely civil marriage; the indissolubility of marriage is a principie of Natural Law and lies at the root of the most ancient Spanish tradition. Reference is made to a recent survey made by the Institute of Public Opinion, with the conclusion that there is need of a widespread and intense work of education of consciences and of enlightenment of a public opinion that shows itself to be vacillating and unsure.

Ours is a period marked by violence, and, most important, it is no stranger either to reproduction. In arder to clarify concepts, by violence we mean, formally speaking, any interference or action by an external agent on a situation, structure, phenomenon or process with the object of nullifying it or of changing either its meaning (by deviation) or its intensity (by slowing it down or by accelerating it). In this sense violence is not intrinsically illicit. One must distinguish between violen ce and violation. After a short study of the concepts of law, order and justiee in the fundamental works of the principal Natural Law investigators of the present day, the author arrives at the conclusion that the genuine meaning of the term violation is any attempt against a principie of order, either directly of by undermining any of the other elements of order, be they real or related. The human vocation of dominion over Nature, insofar as Man is a superior being, should not be thought of in absolute terms: it consists in being responsible for the conservation, reproduction, development and perfection of all creatures that tend towards their completeness according to individual ends which integrate themselves progressively towards one general goal. For this mission, which in general terms is called culture, man has a certain autonomy, but not full independence; and the degree of autonomy is much more reduced with respect to his own species than in the case of inferior creatures. Man's capacity and his science can suffer desviations. Insofar as biology is concerned, these presentday desviations are serious and well known. The attempt against the physical and natural order, especially in the animal sphere, is widespread and threatens to obtain firm footing. In this sense, we see that violence is being used, not in its I awfu I (and at times necessary) meaning of correction, of restoration of order, but as its violation. The author has confined his examination of the problem to the question of human population: he discusses three fundamental aspects: prostitution 01 the biological culture, separation 01 erotic appetite and reproduction, conflict between individual rights and social interests. The «scientific» attempts against the reproductive processes, including those previous to gametogenesis as well as the actual fertilization, are classified together under the heading of contraception. Both aspects are studied extensively and the author concludes that they are unlawful according to the Natural Law. The arguments of the proponents of contraception are studied and compared with those of their opponents, and special importance is given to biological and philosophical considerations; the conclusion is that no jurist with proper regard for legal considerations can accept theories that contradict authority and that can well be classified as setting precedents, especially when the matter is undergoing research. The author examines the various present-day aspects of the -sexual revolution » as a key to explaining the many postulates and tendencies as well as the possible collision between individual rights and group interests. The question of continence and Chastity are next examined. The discussion of human reproduction oscillates today between the two poles of «biological» and «scientific» arguments, with considerations regarding the meaning and limitations of these expressions and their consequences and applications. This is followed by a short analysis of the pragmatic attitude adopted by various politicians in their approach to these questions. After sorne short reflections on the limitations of human freedom implied by the present attitude towards the sexual revolution, the author makes a final conclusion in which he refers to self-control.

On the basis that Seneca's tragedies were written to be rehearsed (cf. Emerita 41, 1973, pp. 297-308) the author studies thoroughly their political content, based in the philosophical thought of the neo-stoic school. Seneca tried in this way to lecture Nero on the fittest system to rule. This thesis is supported by several evidences: chronology of the tragedies, Nero's fondness to drama and likeness of Seneca's political views with those of his tragedies. ; No disponible.

1. The present paper draws attention to an important question concerning Information Law: the granting of an adequate juridical regime -through the application of just criteria relating to information- in the case of the diffusing activity of foreign agencies operating on national soil. More precisely, the author examines the monopoly with regard to foreign information which is contemplated in Article 49 of the Spanish Ley de Prensa e Imprenta of 1966, still in force today. The study of the antecedents in relation to the elaboration of the legal precept praves, without a shadow of a doubt, that the configuration of the monopoly was, aboye all, a political decision and not so much a juridical ponderation. 2. The most important problem related to the monopoly is to be found in the determination of its object. The author undertakes this task in agreement with two separate criteria: with regard to the source and with reqard to the subject matter. In this manner, the conclusion is reached that the object of the monopoly is limited by boundaries from the starting point of the technical notion of news in its most restricted meaning whenever the news bears a strong measure of foreign creation. 3. The monopoly, according to the author, is conceived within the Ley de Prensa as a power that genuinely pertains to the State. This fact situates the Public Administration in the position of holding titular rights over the distribution on national soil of any news stemming from foreign sources; this power as exercised by the Public Administration can either be reserved or delegated to others. According to the manner in which the monopoly presents itself, the Public Administration disposes of the faculty to choose either formula; in any case, if the delegation of exercise ceases for any reason, the right reverts wholly to the Administration. 4. In order to justify the monopoly, two types of reasons have usually been put forth. Some derive from the concept of the so-called -informative sovereignty», others from the principie of nationality which in relation with the previous concepts informs the entire Spanish law regulating the press. The author examines the scope and consistency of these fundaments from the critical perspective offered by either the supranational freedom of information or the doctrine of the right to information. He then arrives at the conclusion -among other points- that informative sovereignty does not correspond to the State as organizatiun but rather to the State as community. Nor can it be understood as a feudal power over information, nor as a constituent source of the rights which correspond to individuals within the field of information. Neither can it be understood as the title holding of an exclusive and excluding right with the maximum faculties of disposal. of the State to set up guidelines and to ordain the matter within an adequate

This is a problem of macroeconomic decision concerning the assignment of resources in purely economic objectives. Once the field of the subject is axiologically delimited, the author analyses all possible pattern to point out the maximum of its efficiency showing the concept of added value as a measure of the social utility of assignations. The problem thus stated, proposed to make use of the lineal programmation as a method for planning and resolving problems bringing out the versatility of this technique when considering a large variety of situation and restrictions. Then, he takes into account the possibility of remarking the limits of validity in the initial solution when it faces changes in problem data by means of alteration of restrictions. The author examines the virtue of lineal programmation, that of enhancing the boundaries of "best" thought modification of the added values, making thus possible the measurement of future political influences on prices. Finally he states that quantitative solutions must always be taken as suggestions which only show a region of possible combinations, and that the final decision must emerge once all the social and political imponderable have been considered verifying if the solution of the problem fits the meta-economic values. ; Trabajo presentado en la II Reunión Internacional de Economía (Córdoba, 1966). ; Facultad de Ciencias Económicas

Starting out from the definition of enterprise as a material object (recurring to De Leon, Garau Riu, Coase) the author tries to draw away through historical elaboration, the specific object of enterprise economy as distinguished from that of political economy. He also tries to delimit the areas of preoccupation concerning the enterprise; thus equipped, the purpose of the book is to bring into a unit the significant items of the subject. This goal being attained he now pays attention to the specific problems and the required instruments for their solution. This book hints at revising the setting in which enterprise economy is placed, and at the revision of the interdisciplinary relations. Identifying the contents of the principal works on the subject (Gutenberg, Colbert, Bradford-Alt, Dean y Fernandez Piria) the author finds out that the so-called administrative sciences lack a unifying bond, constituting therefore interstitial sciences and techniques which specialize on particulars of enterprise economy. His conclusion is that the subject is of most recent data. The subject has a well definable formal object, and it forms part of the political theory with a basis which explains the events in the general theory. This subject only exists on account of the instrumental whole provided to it by the so-called operating investigation. ; Instituto de Investigaciones Económicas