Permissions, Principles and Rights. A Paper on Statements Expressing Constitutional Liberties

Abstract. In the first part of the paper the authors analyze how the distinction between mandatory rules, principles in the strict sense and policies can be understood in structural terms and in terms of reason for action. In the second part, they attempt to clarify which kind of legal provisions embrace constitutional statements recognizing liberty rights are.     

Histories and Memories in the Organisation and Struggles of the Santiago II Neighbourhood of El Alto,Bolivia

This article analyses how relocated miners in the Santiago II neighbourhood of El Alto reframed their histories and their memories of struggle and organisation in the mining camps. It focuses on the ways in which residents organised the neighbourhood and how these histories and memories rose to the political surface during the time of crisis in October 2003.     

Stay or Go? Ecuadorian Immigrants in Spain in Times of Crisis

This article studies how the economic crisis affects Ecuadorian immigrants' decisions on staying in Spain or returning to their home country. Before the crisis, Ecuadorians were one of the most significant migrant groups in Spain in terms of volume and degree of settlement. The crisis has destabilised their situation and modified their migratory projects in different ways. This article presents the three main choices facing Ecuadorian immigrants during the crisis: permanence, wait and see, and return/re‐migration. The analysis focuses on how the decision‐making process is carried out and on the different factors that lead Ecuadorians to choose each option.     

Cultivating Votes in Rural Chile

In Chile's two‐member legislative districts we show there are two groups of swing voters, one group for the first seat won by the governing coalition, another for the second. We build a model that allows us to identify the relative prevalence of these voters across communities. Using data on the allocation of discretionary agricultural loans, we find that communities with relatively many voters pivotal for the first seat receive more loans than they otherwise would have, but we find no systematic advantage for districts that are pivotal for the second seat.     

APPLICABILITY AND EFFECTIVENESS OF LEGAL NORMS

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law.     

China's New Development Philosophy

T HIS year marks the first centenary of the founding of the Communist Party of China(CPC).The achievements made by China during the last 100 years are the result of the efforts of several generations of Chinese people under the leadership of the CPC,which has tasked itself with the mission to seek happiness for the Chinese people and rejuvenation for the Chinese nation since its birth.     

A Trip to the Yao Medicine Home Base

WE introduced Yao medicine practitioner Qin Xunyun in the January issue. This month we give an account of our visit to Jinxiu Yao Autonomous County, home of the Yao people who formulated Yao medicine. The five Yao sub-groups-the Chashan, Pan, Hualan, Shanzi and Ao-all live in Jinxiu. After visiting the county five times noted sociologist Fei Xiaotong says, "Jinxiu is the center for research into the Yao ethnic group."     

Qin Xunyun——Traditional Yao Medicine Practitioner

Editor: In recent years, the efficacy of folk medicines formulated by various ethnic groups and practiced locally for centuries has gained increasing international acknowledgement. It is reported that the American medical research department has scheduled a US＄ 220 million alternative medicine research and training program, the greater part of which entails research into Asian traditional medicines. As from this issue, China Today will look at China's traditional medicine, beginning with that practiced by the Yao ethnic group of southwestern China.