Este texto se aboca al texto de José María Sauca titulado: “Estabilidad y cambio en la constitución: la liquidez constitucional”. La estabilidad constitucional es el eje principal sobre el que gira la discusión y en torno a este eje se discuten temas relacionados como la continuidad, el cambio y las resistencias a dichos cambios.

The aim of this paper is twofold. On the one hand, it tries to analyze and sistematize some of the concepts used when approaching the linguislic problems concerning the legal documentation automatic systems: legal language, documentary language, linguistic coordination (a priori and a posteriori) and thesaurus. On the other hand, it intends to carry out a detailed study of the legal thesauri, focusingbasicany on its t wo structural elements: the vocabulary and the paradigmatic relationships.

Visión de Rodolfo Vigo -- Visión de Josep Aguiló Regla.

En este trabajo se analizan las cláusulas de liquidez constitucional (CLC), tal como han sido caracterizadas por José María Sauca. Sobre los rasgos estructurales, se sostiene, primero, que es difícil reconducir los ejemplos de CLC a un solo modelo, por cuanto, una vez introducida la distinción entre reglas prescriptivas y constitutivas, caben seis posibles reconstrucciones; segundo, que el principio de prevalencia, lejos de suponer que no hay contradicciones entre las normas que puedan emanar de las CLC y la normativa constitucional, (...) las presuponen; tercero, que mantener que las CLC implican una transferencia de soberanía solo puede obedecer a un uso ambiguo del término “soberanía”. Por lo que hace a las funciones, y en contra de lo sostenido por Sauca, se muestra que las CLC pueden conducir a mutaciones constitucionales y es factible considerarlas mecanismos de última palabra. (shrink)

Tomando como marco de referencia algunos conceptos básicos de la teoría política de Gramsci, el objetivo principal de este artículo es criticar la función hegemónica e ideológica que la democracia representativa desempeña en el contexto social e histórico de la globalización neoliberal. Lejos de avanzar hacia el ideal emancipador que representa, en la época del neoliberalismo globalizado la democracia es un instrumento de dominación al servicio de una regulación social excluyente y desigual que origina nuevas formas de autoritarismo.

In this enlightening exploration of our nearest primate relatives, Michael Tomasello and Josep Call address the current state of our knowledge about the cognitive skills of non-human primates and integrate empirical findings from the beginning of the century to the present.

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of (...) convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions. (shrink)

In this paper two deductive systems associated with relevance logic are studied from an algebraic point of view. One is defined by the familiar, Hilbert-style, formalization of R; the other one is a weak version of it, called WR, which appears as the semantic entailment of the Meyer-Routley-Fine semantics, and which has already been suggested by Wójcicki for other reasons. This weaker consequence is first defined indirectly, using R, but we prove that the first one turns out to be an (...) axiomatic extension of WR. Moreover we provide WR with a natural Gentzen calculus. It is proved that both deductive systems have the same associated class of algebras but different classes of models on these algebras. The notion of model used here is an abstract logic, that is, a closure operator on an abstract algebra; the abstract logics obtained in the case of WR are also the models, in a natural sense, of the given Gentzen calculus. (shrink)

Chimpanzees follow the gaze of conspecifics and humans — follow it past distractors and behind barriers, ‘check back’ with humans when gaze following does not yield interesting sights, use gestures appropriately depending on the visual access of their recipient, and select different pieces of food depending on whether their competitor has visual access to them. Taken together, these findings make a strong case for the hypothesis that chimpanzees have some understanding of what other individuals can and cannot see. However, chimpanzees (...) do not seem nearly so skillful in the Gesture Choice and Object Choice experimental paradigms. Neither behavioral conditioning nor theory of mind explanations can account for these results satisfactorily. Instead this chapter proposes the idea that chimpanzees have the cognitive skills to recall, represent, categorize, and reason about the behavior and perception of others, but not their intentional or mental states, because they do not know that others have such states since they cannot make a link to their own. Human beings began their own evolutionary trajectory with these same skills, but then at some point in their evolution (probably quite recently) they began to understand that their own experience could serve as some kind of model for that of other persons. This allowed for even better prediction and control of the behavior of others and better communication and cooperation with them as well, and so it was an adaptation with immediate adaptive consequences that ensured its survival. (shrink)

We present a theoretical discussion of the sociological contribution concerning decisions in organizations. Two theories stand. The first, based on the decision process from a critical theory of the traditional linear multi rational by Lucien Sfez, argues that the decision is a process of interactions and treats it as an institutional process based on the freedom of the subject. The second theory based on self-referential systems by Niklas Luhmann, interprets organizations as systems-making, and understands the concept of decision as purely (...) epistemological specificity, abstracted from the decision of all the elements and organizational variables associated with it. Se expone un debate teórico sobre la aportación sociológica referente a las decisiones en las organizaciones. Sobresalen dos teorías de las decisiones. La primera, basada en el proceso de decisión a partir una teoría crítica de la multirracionalidad lineal elaborado por Lucien Sfez, al plantear que con la decisión se trata de un proceso de interacciones, al ser considerada como un proceso institucional fundamentado en la libertad del sujeto. La segunda fundamentada en la teoría de sistemas autorreferenciales, interpreta las organizaciones como sistemas de decisiones y entiende el concepto de decisión en su especificidad puramente epistemológica, al abstraer de la decisión de todos los elementos y variables organizacionales relacionados con ella (Niklas Luhmann). (shrink)

In Naming and Necessity Saul Kripke offers a number of arguments in order to show that no descriptivist theory of proper names is correct. We present here a certain version of descriptivist theory -we will characterize it as an individual-use reference-fixing descriptivist theory that appeals to descriptions regarding how a name is used by other speakers. This kind of theory can successfully answer all the objections Kripke puts forward in Naming and Necessity. Such sort of descriptivist theory is furthermore compatible (...) with the picture about reference that Kripke presents. It also seems to be able to account for some phenomena that are difficult to explain on Kripke’s view (the existence of informative identity statements and true negative singular existential statements). (shrink)

In the ongoing debate, there are a set of mind-body theories sharing a certain physicalist assumption: whenever a genuine cause produces an effect, the causal efficacy of each of the nonphysical properties that participate in that process is determined by the instantiation of a well-defined set of physical properties. These theories would then insist that a nonphysical property could only be causally efficacious insofar as it is physically implemented. However, in what follows we will argue against the idea that fine-grained (...) mental contents could be physically implemented in the way that functional properties are. Therefore, we will examine the metaphysical conditions under which the implementing mechanism of a particular instance of a functional property may be individuated, and see how genuine beliefs and desires—insofar as they track the world—cannot meet such conditions. (shrink)

The inference systems proposed for solving SAT are unsound for solving MaxSAT and MinSAT, because they preserve satisfiability but not the minimum and maximum number of clauses that can be falsified, respectively. To address this problem, we first define a clause tableau calculus for MaxSAT and prove its soundness and completeness. We then define a clause tableau calculus for MinSAT and also prove its soundness and completeness. Finally, we define a complete clause tableau calculus for solving both MaxSAT and MinSAT, (...) in that the minimum number of generated empty clauses provides an optimal MaxSAT solution and the maximum number provides an optimal MinSAT solution. (shrink)

The last years of the 20th Century have been somewhat contradictory with respect to values like loyalty, trust or truthfulness. On the one hand, (often implicitly, but sometimes very explicitly), self-interest narrowly defined seems to be the dominant force in the business world, both in theory and in practice. On the other hand, alliances, networks and other forms of cooperation have shown that self-interest has to be at least "enlightened".The academic literature has reflected both points of view, but frequently in (...) an ambiguous way, since the concepts of loyalty and trust are somewhat elusive and equivocal. This paper attempts to analyze the concept of loyalty in depth, examining the different conceptions about the word that can be found in the literature. We begin by going to the management classics (specifically, Follett, Barnard and Simon), and we then turn to the anthropological approach of Pérez López (1993), with its built-in ethical analysis, and show how trust and loyalty are crucial to the development of organizations. We end by suggesting in what ways loyalty and trust can be created and fostered in organizations. (shrink)

Journal Name: Semiotica - Journal of the International Association for Semiotic Studies / Revue de l'Association Internationale de Sémiotique Volume: 2014 Issue: 198 Pages: 205-240.

The theologians of first scholastic generation (12th century) gave an allegorical interpretation to the passages of woman as found in Genesis (ch. 2 and 3) and I Corinthians (ch. 11 and 14). The source for such an interpretation was the psychological binary of Philo as reflected in the works of Origen, St. Ambrose and St. Augustine: vir symbolizes ratio speculativa and mulier, ratio practica, or cogitativa, or the sensual appetite. Furthermore, each individual man or woman possesses his or her own (...) vir-mulier binary. The silence of women in church as well as the use of the veil refer to mulier (not woman), that is, the practical reason, cogitativa, or the sensuality. (shrink)

This article examines the relevance of a theory of the multinational state for the evaluation of claims for self-determination and secession. Considerations of ?ethnocultural justice? imply that the recognition of the multinational character of a state ? or the granting of some of the minority nations' demands ? is a matter of justice. If these requirements are not met, secession could be justified. Indeed, if secession needs a just cause (as it has been argued), a failure to build a truly (...) multinational arrangement can be a valid reason for a minority nation to secede. An approach like the one proposed would also contribute to the resolution of some of the key problems of the three main theories of secession and their appeals to nationalism, choice and remedial rights. (shrink)

Engineering ethics is usually focused on engineers’ ethics, engineers acting as individuals. Certainly, these professionals play a central role in the matter, but engineers are not a singularity inside engineering ; they exist and operate as a part of a complex network of mutual relationships between many other people, organizations and groups. When engineering ethics and engineers’ ethics are taken as one and the same thing the paradigm of the ethical engineer which prevails is that of the heroic engineer, a (...) certain model of the ideal engineer: someone both quite individualistic and strong enough to deal with all the moral challenges that could arise. We argue that this is not the best approach, at least today in our interrelated world. We have achieved a high degree of independence from nature by means of technology. In exchange for this autonomy we have become increasingly tied up with very complex systems to which we constantly delegate new tasks and powers. Concerns about safety keep growing everywhere due to the fact that now we have a sensitive awareness of the huge amount of power we are both consuming and deploying, thus, new forms of dialogue and consensus have to be incorporated at different levels, in different forums and at different times. Within these democratic channels of participation not just the needs and interests, but also the responsibilities and mutual commitments of all parties should be taken into account. (shrink)

There are many theories about organizations that are mutually inconsistent with each other, which explain phenomena to very similar extents. Most of them ignore the ethical dimension completely. In this paper I put forth the basic principles for a theory of decision-making in organizations, which integrates ethics in the core of the theory. It is based on the work of Juan Antonio Pérez López [1991, Teoría de la Acción humana en las organizaciones (Ediciones Rialp, Madrid), 1993, Fundamentos de la Dirección (...) de Empresas (Ediciones Rialp, Madrid)] and is essentially a humanistic view of the interrelationships between people and its implications for organizational decision-making. I will first show that in any relationship between two people, the learning of the two is crucial for such a relationship to last; and then I will expand on the different aspects of that learning. This analysis will then be applied to the organizational context as a basis for organizational decision-making, Second, it applies the previous analysis to the organizational context as a basis for organizational decision making, showing how any decision in an organization needs to be analyzed on the basis of three criteria (short-run effectiveness, development of distinctive competence, and unity and identification with the organization) and how ethics is included in the last two. (shrink)

Flack and de Waal argue that reciprocity, revenge, and moralistic aggression are important components of the social norms that exist in some non-human primates. These and other phenomena are seen as the evolutionary building blocks of human morality. Although focussing on these phenomena is a good starting point for studying the question of morality in non-human animals, they only provide a partial answer. Two other issues deserve careful attention: perception of intentions, and the distinction between using and perceiving social norms. (...) First, perception of intention is particularly important because it modulates whether retribution is justified. There is some preliminary evidence that may indicate that some primates are sensitive to the behavioural intentions of others. Second, the evidence regarding use of social norms does not necessarily imply that individuals also perceive them . This distinction seems particularly important in any comparative analysis of morality that includes humans. Currently, it is unclear whether non- human animals are capable of perceiving social norms. Future studies should devote more attention to these issues and some possible ways to investigate them are indicated. (shrink)

A subject is a being who has a life to lead. In this paper, I explore the array of resources that are available to us (i.e., Westerners at the turn of the millennium) to articulate and assess our lives. Specifically, I shall reflect on the impact that such matters may have on our naturalist conviction that the world ultimately consists of a causal network where notions such as sense and value have no direct bearing. Sometend to assume that an implication (...) of our naturalist world-view is that the notions of sense and value are inevitably relative to the subject’s desires and inclinations. This is, however, a line of reasoning that I would like to resist. For I am convinced that this approach unnecessarily restricts the number of resources to which we can legitimately appeal in order to lead our lives. This restriction will turn out to be quite serious because, as we shall see, it dramatically distorts our perception of the relevance that social ties may have in the life of a subject, as well as the conditions under which a human life may escape the absurd. (shrink)