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1.
This article makes a comparative analysis between the Spanish and Brazilian Urban Law, from the perspective of territorial and urban planning. Taken the basis of the constitutional rules that distribute powers to public authorities of both countries, and also the main laws that regulate the matter, as the case of RD 2/2008 of 20 June, approving the revised Land Law (TR/08, in Spain) and the Statute of the Cities (Law No. 10.257, f June 21, 2001 in Brazil). Besides that, highlight some differences between countries, such as the structure of the States —Spanish Parliamentary Monarchy and Brazilian Federal Republic— that is not an impediment to enable countries to use the legal constructions of the other country to improve its own system, especially in the metropolitan issue.  相似文献   

2.
This paper raises questions about the Brazilian legal system, which takes to an extreme the constitutional principle (the Publicity Principle) requiring publication of legal cases, and is unable to properly distinguish between the need to publish judicial decisions, and the publication of documents and texts produced by the parties, thus endangering the protection of personal data, and representing a possible security risk to the State and society as a whole.  相似文献   

3.
y and evolvement     
ulfuzation,and discussed merits and defects of different kinds of desulfurizers.It indicated that the main technique of flue gas desulfurization in china is calcium way with calcic desulfurizer,and the most potential one is using ammonia as desulfurizer.Controlled sulfur pollution effectively and rejected seconda  相似文献   

4.
This article compares and contrasts the laws that restrict freedom of assembly in Mexico and Spain during elections and electoral campaigns. It analyzes the key decisions and precedents of the Constitutional Court of Spain, the Supreme Court of Justice of Mexico and the Electoral Tribunal of Mexico. It also examines the decisions of the European Court of Human Rights with regard to the freedom of assembly, noting that this Court typically defends citizens freedom of assembly in political contexts although it tends to favor States in contexts of extreme violence such as terrorism. The present article argues that electoral authorities are mistaken if they prohibit meetings out of the mere suspicion that during the event, public support may be expressed for or against a candidate. Electoral authorities should enforce the principle of “favor libertatis” when deciding on limitations on freedom of assembly in electoral contexts.  相似文献   

5.
Idealism is the core of the Pratyabhijñã philosophy: the main goal of Utpaladeva (fl. c. 925–950 AD) and of his commentator Abhinavagupta (fl. c. 975–1025 AD) is to establish that nothing exists outside of consciousness. In the course of their demonstration, these ?aiva philosophers endeavour to distinguish their idealism from that of a rival system, the Buddhist Vijñānavāda. This article aims at examining the concept of otherness (paratva) as it is presented in the Pratyabhijñā philosophy in contrast with that of the Vijñānavādins’. Although, according to the Pratyabhijñā, the other subjects are not ultimately real since all subjects are nothing but limited manifestations of a single absolute subject, the fact that we are aware of their existence in the practical world has to be accounted for. The Vijñānavādins explain it by arguing the we infer the others’ existence. The Pratyabhijñā philosophers, while refuting their opponents’ reasoning as it is expounded in Dharmakīrti’s Santānāntarasiddhi, develop a particulary original analysis of our awareness of the others, stating that this awareness is neither a perception (pratyak?a) nor an inference (anumāna), but rather a guess (ūha) in which we sense the others’ freedom (svātantrya).  相似文献   

6.
Doping is addressed in this paper from two different scopes: on one hand, the legal regulations for prevention and repression are studied; on the other hand, the clash between the anti-doping control mechanism and a fundamental right such as the athlete's privacy is noted. We start from the irrefutable fact that “awareness against doping” is practically universal. The enactment of this law was a milestone in the history of the fight against doping in the Spanish regulation. However, the problem arises when the anti-doping legislation worldwide and in Spain, which enables some healthcare professionals and other people involved, to carry out several anti-doping operations that may conflict with the athlete's fundamental right to privacy, all of this in a context of strong media and social impact. For this reason, it is pertinent to raise the issue if one of these operations, such as the duty of permanent localization, is sufficiently justified in terms of protecting the sportsperson's health.  相似文献   

7.
8.
The term Pañcārtha in the title of Kau??inya’s commentary on the Pā?upatasūtra, the Pañcārthabhā?ya, is usually taken to refer to the five categories (padārtha) distinguished by Kau??inya: Kārya, Kāra?a, Yoga, Vidhi, and Du?khānta. The term in fact also occurs in a string of verses quoted by Kau??inya in his commentary on Pā?upatasūtra 5.30, indicating that it was already in use in Pā?upata circles before him. In these verses the term Pañcārtha is used in a different sense. These and other passages in the Pañcārthabhā?ya are examined to identify an earlier phase of Pā?upata thought, and to consider the role of the author of the Bhā?ya in developing the Pā?upata doctrine.  相似文献   

9.
10.
This article analyzes in depth the regulation set forth by the Act 5/2012, of 6-7 as regards cross-border mediation. The article addresses some essential issues of this institution. Thus, the regulation of the agreement to mediate; the role played by mediators, their training and the recognition of their status; the law applicable to the merits of the dispute or the foreign recognition of any agreement reached between the parties after a mediation procedure are some of the issues studied in this article. The analysis highlights the relevance of the Act 5/2012 in Spain for promoting the use of mediation in Spain. But at the same time it shows the need for the Act to be fully implemented in order to solve some of the questions and problems that it still raises.  相似文献   

11.
12.
The key event at the start of the Sanskrit Ramayana attributed to Valmiki is the death of a bird at the hands of a hunter. In Sanskrit, that bird is termed krauñca. Various identifications have been offered in the past but uncertainty persists. Focusing on the text of the critical edition and drawing on ornithological data regarding the birds commonly suggested, this article establishes beyond doubt that Valmiki's krauñca bird is the Indian Sarus Crane. It then considers a key verse in the southern recension, omitted by the editors of the critical edition, which supports this identification. Finally, the article explores the significance of the Indian Sarus Crane for the epic scene.  相似文献   

13.
The social model of disability is presented as a new paradigm of the recent disability treatment, that has had theoretical and legal current development. It is a model that considers that the origins of disability are not either religious or scientific, but social in a great measure. From this new perspective, it is emphasized that the population with disability can contribute to the society in the same circumstances that the rest of the population, which integrates the society, all this from a valorization of the inclusion perspective and respect of diversity. This model is closely related with certain essential values which underline the human rights, such as human dignity, individual freedom and equality; all these conduce to a decrease of barriers and lead to a social inclusion that sets basis to principles as: personal autonomy, nondiscrimination, universal accessibility, environmental normalization, civil dialogue, inter alia. The premise is that disability is part of a social construction, and it is not the deficiency created by the society itself what limits and prevents people with disability to be included, to decide or to design autonomously their own life plan with opportunity equality.  相似文献   

14.
15.
The vicuña Vicugna vicugna is a wild South American camelid with a fiber so highly valued that the species was hunted almost to extinction. Strict conservation regulations and international treaties have been successful in causing vicuña populations to recover to a level where it is now possible to develop “sustainable use” programs. In Chile, Bolivia, Peru, Ecuador, and Argentina, vicuña management plans have been developed, with differing biological and socioeconomic implications. The major issue is whether vicuña are managed in the wild or in captivity. The aim of this paper is to examine the forces that have, in recent years, shaped policies concerning vicuña management, and especially the underlying conflict between economic growth and conservation. The analysis draws largely on primary data from Argentina and a report written by the U.S. Department of the Interior, Fish and Wildlife Service concerning the reclassification of vicuña from endangered to threatened. This report is important both directly (because FWS is the key advisory body to the U.S. government and the United States is a major potential market for the fiber), and indirectly, because the views of the United States and its advisers will in turn have a major influence on other actors.  相似文献   

16.
《政法学刊》2015,(6):115-118
新刑事诉讼法的实施后,公安机关的讯问措施也开始调整。借助在y派出所公安实践的机会,开展讯问规范化的实证研究。调查发现,尽管y派出所在新刑诉法后讯问的规范性有了一定的提升。但是,在讯问主体、人权保障、讯问时间、录音录像方面还存在不规范的现象。因此,针对讯问中存在的问题,分析产生的原因,并提出了改进策略,以便使讯问措施规范化。  相似文献   

17.
In Sect. 1 an argument for Yogācāra Buddhist Idealism, here understood as the view that everything in the universe is of the nature of consciousness / cognition, is laid out. The prior history of the argument is also recounted. In Sect. 2 the role played in this argument by light as an analogy for cognition is analyzed. Four separate aspects of the light analogy are discerned. In Sect. 3, I argue that although light is in some ways a helpful analogy for the Buddhist Idealist, in other ways it is thoroughly inappropriate. At the end of the article I ask whether the lack of fit between light and cognition is unavoidable, or whether the Buddhist Idealists could have chosen a better analogy.  相似文献   

18.
The development of assisted reproductive technologies has amplified the procreative expectations and has changed the traditional conception of parenthood. A significant example of this phenomenon is offered by surrogacy, whose practice has raised several questions. The present article, suggests considering two perspectives of the contemporary debate, the ethical and the juridical. On the one hand the ethical context points out the deepest problems of the practice, analyzing the role f thepeople involved and establishing a comparison between two bioethical currents, the liberal and the personalist. On the other hand, the legal perspective sets some considerations about the Italian and Mexican laws.  相似文献   

19.
The present paper is a kind of selective summary of my book The Genesis of Yogācāra-Vijñānavāda (2014). [1.–2.] It deals with questions of origin and early development of three basic concepts of this school, viz., the ‘idealist’ thesis that the whole world is mind only (cittamātra) or manifestation only (vijñaptimātra), the assumption of a subliminal layer of the mind (ālayavijñāna), and the analysis of phenomena in terms of the “Three Natures” (svabhāvatraya). [3.] It has been asserted (H. Buescher) that these three basic concepts are logically inseparable and therefore must have been introduced conjointly. [4.] Still, from Vasubandhu onward treatises have been written in which only one of the three concepts is advocated or demonstrated to be indispensable, without any reference to the other two being made. Likewise, in most of the earlier Yogācāra treatises, the three concepts occur in different sections or contexts, or are even entirely absent, as vijñaptimātra in the Yogācārabhūmi (except for the Sa?dhinirmocanasūtra quotation) and ālayavijñāna in the Mahāyānasūtrāla?kāra and Madhyāntavibhāga. [5.] It is therefore probable that the three concepts were introduced separately and for different reasons. [5.1.] As regards the concept of the “Three Natures”, I very hypothetically suggest that it was stimulated by the Tattvārthapa?ala of the Bodhisatvabhūmi. [5.2.1.] In the case of ālayavijñāna, I still think that my hypothesis that the concept (term + idea) originated from a problem emerging in connection with the “attainment of cessation” (nirodhasamāpatti) holds good and has not been conclusively refuted, but I admit that Prof. Yamabe?s hypothesis is a serious alternative. [5.2.2.] An important point is that in the Yogācārabhūmi we come across two fundamentally different concepts of ālayavijñāna, the starting point for the change being, probably, the fifth chapter of the Sa?dhinirmocanasūtra. [5.3.] As for ‘idealism’, we may have to distinguish two strands, which, however, tend to merge. [5.3.1.] The earlier one uses the concept cittamātra and emerges as early as in the Pratyutpanna-buddha-sa?mukhāvasthita-samādhi-sūtra in connection with an interpretation of visions of the Buddha Amitāyus. [5.3.2.] The later strand introduces the concept vijñaptimātra and seems to have originated in the eighth chapter of the Sa?dhinirmocanasūtra in connection with a reflection on the images perceived in insight meditation. [5.3.3.] In texts like the Mahāyānasūtrāla?kāra, concepts from other Mahāyānasūtra strands (like abhūtaparikalpa) become prominent in this connection, and it is only in the Mahāyānasa?graha that the use of vijñaptimātra is finally established.  相似文献   

20.
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