Toleration, Liberalism and Democracy: A Comment on Leader and Garzón Valdés

Leader and Garzón Valdés are correct to link toleration to democracy rather than liberalism. However, it is the democratic character of society and the process of democratic decision-making that give rise to a genuine practice of tolerance, not an abstract and regulative ideal of democracy, such as they appeal to. Whereas the latter approach collapses into the standard liberal accounts of toleration both rightly find wanting, the former fits with a republican notion of deliberative democracy. This perspective corresponds to the circumstances of toleration and promotes tolerance as a virtue that is intrinsic both to the nature of democratic debate and to the securing of uncoerced agreement amongst people possessing different beliefs and values. As such, it proves more compatible with pluralism, and hence with toleration, than liberalism.     

Mediación y jurisdicción voluntaria en el marco de la modernización de la justicia. una aproximación a la legislación española

The legal maxim Justice delayed is justice denied, but is now a reality. People demanding agility and require a solution promptly and fairly close to its interests, it is fitting that in a world dominated by technology, legal and administrative bureaucracy around the delivery of justice to maintain a slow pace. At the international level seek ways of economic and prompt settlement of disputes in this way are promoted among various legal means, first voluntary jurisdiction otherwise the mediation, it is both streamline procedures, however the legal for each is different. The analysis of the article focuses on the legal experience and valuing Spanish first draft Voluntary Jurisdiction Act and the Act on civil and family mediation to establish its various functions in search of an agile and real justice.     

Democracy: A Convergent Value? Comments on Sheldon Leader and Ernesto Garzón Valdés

In this paper, the author contends that Leader's attempt to ground the value of toleration on a common understanding of democracy faces a number of fundamental obstacles. Such obstacles could only be overcome if both liberals and their opponents were to reach an agreement on the value of democracy and thereby converge in their support of toleration. The author shows that far from providing a common ground that liberals and their opponents can share, the so-called "shareable understanding" of democracy appeals primarily to liberals. The author also argues that Garzón Valdés's thesis that democracy is the system best suited to the flourishing of toleration faces the same kind of difficulty, namely, that not every group in a liberal constitutional regime can be convinced of the priority of democratic principles over their other fundamental value-commitments.     

Free Fatty Acids Composition in Adipocere of the Kwäday Dän Ts’ìnchí Ancient Remains Found in a Glacier*

Abstract: Adipocere is a postmortem decomposition product consisting of mostly a mixture of free fatty acids (FFAs) that are formed because of the hydrolysis of triglycerides in adipose tissues. This article describes a simple and robust method for the extraction, identification, and quantification of FFA commonly found in adipocere using gas chromatography–mass spectrometry (GC/MS). This method was applied to analyze tissues from Kwäday Dän Ts’ìnchí, ancient remains discovered in a retreating glacier in the Tatshenshini‐Alsek Park, British Columbia, Canada in August 1999. The lyophilized tissues were grinded and extracted with hexane. The trimethylsilyl fatty acid derivatives were analyzed by GC/MS, and the relative abundances of myristic acid, palmitic acid, oleic acid, and stearic acid were determined. Milligram per gram levels of saturated fatty acids were found in the tissues of the ancient remains, while the levels of unsaturated fatty acids, such as palmitoleic acid, were found to be negligible. The results provided further evidence of the existence of adipocere found during forensic examination of the Kwäday Dän Ts’ìnchí ancient remains.     

Educación jurídica,investigación y derechos humanos inteligentes

The recent studies on the genes, the neurons and the information, are influencing the form to know us and to know the reality. The opportunity is had, for this reason, to improve the formation of the professor and the students of the Right, to happen of an education of repetitions to one of new features, discovery, diversion, that is to say, investigation. One is to avoid “to transmit” information, but to explore it, to construct it, only to invent it, working in equipment, professor and students, inside and outside the hall classes. The contents to investigate can be placed in the past, the present or in the future, like the human rights. Thus, it is tried that the well-known or effective human rights, the products of the legal rationalism, are extended to protect the emotional human dignity: the respect, the confidence, the tolerance, the responsibility, the happiness, desire, the pleasure. Human intelligence is multiple, for that reason the human rights must be intelligent, that protect and develop the intellect, the affectivity, the corporal one, the energy, the environment and its cosmovisión.     

Towards a liberalisation of standing conditions for individuals seeking judicial review of Community acts: Jégo-Quéré et Cie SA v Commission and Unión de Pequeños Agricultores v Council

The concept of ‘individual concern’, the main admissibility requirement for actions brought by individual applicants for the annulment of Community acts not addressed to them under Article 130 EC, has traditionally been interpreted restrictively by the Community courts, thereby constituting a nearly insurmountable obstacle for individual seeking judicial review of Community acts of general application. In a recent decision, the CFI, referring to the newly adopted EU Charter of Fundamental Rights (Article 47 on the right to an effective judicial remedy), proposed a new and more liberal interpretation of that requirement, thereby widening access to judicial review for individual, companies and representative groups. The Court of Justice has not followed up, but seems to leave the door open for further developments towards a liberalisation of standing conditions.     

Fundamentos de derecho comparado y global: ¿Cabe un orden común en la globalización?

The current crisis is global, for historical reasons (for the end of a period dominated by the national-State), space (planetary-scale) and materials (affecting almost any social institution). We can take the opportunity to evaluate and to come back to the beginning of the new paradigm, the spirit of San Francisco, after World War II, when people believed in the possibility to contribute all together to the common good, by international organizations.     

Integración de las autoridades electorales: (re)construcción jurisdiccional de un derecho por el tepjf

This article offers a diagnosis about the jurisdictional protection of the right to be a member of the local electoral authorities, which was included on the law since the 2008’s electoral reform. It presents also, an explanation of the different judicial mechanisms to control the processes of renovation of the electoral authorities that exist in the states. The objective of this essay is reconstruct the content of this right, throughout the sentences of the Electoral Court, but also, question the argumentations that the electoral judges have used to solve those cases. Practically, no work in the mexican literature has been written about the right to be a member of the electoral authorities, and that´s why this article represents a first outline to understand this topic.     

La justicia social y la globalización monetarista

The author analyzes the doctrinal concept of social justice, in light of the ILO at its 75th anniversary, in which he was questioned their future, like a universal postulate. Whither goes the job? Social justice as a principle and aspiration of the right amount of work trying to promote and preserve decent existence of the community by imposing human values to all speculative consideration, commercial or financial information, proposed by globalization.     

El principio de reconocimiento mutuo en el derecho de la unión europea según la cláusula de “plena fe y crédito” de la constitución de estados unidos

The paper shows a comparative analysis of the law of the united states of america (US) and the european union (EU) focusing on the principle of mutual recognition, which has served as a basis in order to achieve the enforcement of judicial decisions by the authorities of the different Member States. It illustrates the origins and evolution of this principle within the US legal system, as well as its recent implementation within the European integration system with the aim of creating a common space of freedom, security and justice. The paper lists and analizes a substancial number of legal acts adopted so far in the area of civil and criminal law. Furthermore, it highlights the influence the case-law of the US Supreme Court and the Court of Justice of the EU has had on the development of this principle. Moreover, it elaborates on the function of this principle as a nation-building element, raising the question whether this concept could be possibly transposed to a regional integration system with clear federal traits such as the EU.     

Los alcances del control judicial en la expropiación

The declaration of public use in takings is, in most constitutional systems, a guarantee every individual has against the power of the State to seize his or her property. The institute is of fundamental importance for the protection of (other) individual guarantees from the expropriatory power of the State. However, our Supreme Court’s traditional precedents do not allow its judicial control. This paper analyses what is public use and what is the reason for its importance. Then, it shows that the Supreme Court’s criteria have varied the matter, containing in its development an important exception and several ambivalences. Finally, it explains why it is more adequate to our constitutional principles, to the rights our Constitution grants and to the very nature of the institute of takings for the declaration of public use to be subject to judicial control.     

The Typology of Jāti-s Indicated by Di?nāga and Development of Di?nāga’s Thought

The exhaustive explications on j??ti-s (sophisticated ripostes) and their seemingly chaotic arrangement in early Indian philosophical texts arouses an expectation for a systematic taxonomy or typology. Such taxonomy would enormously increase the heuristic value of the list of j??ti-s. The present article aims to reveal some interpretational problems relevant to the understanding of the j??ti-s?? historical development, as well as the theoretical implications of their typology. Focusing historically on the early texts of debate manuals of Ny??ya and Buddhist circles, this article will excavate and explicate the vague and the obvious attempts to establish a typology of j??ti-s. Given that Di?n??ga was the philosopher who shifted the history of Indian philosophy into the era of macro theory by integrating ontology and epistemology into a general system, the minimal changes of the order of the j??ti-s in the list given in the Pram???asamuccaya, in contrast to the one found in the Ny??yamukha, will be interpreted as a paradigm shift. The rearrangement of the j??ti list in the Pram???asamuccaya represents the paradigm shift from the debate (v??da) manual to the epistemological (pram???a) treatise, confirming Frauwallner??s ideas regarding the development of Di?n??ga??s thought.