O tratamento jurisdicional das liberdades comunicativas na sociedade da informação no brasil

The study part of the proposed constitutional foundations laid in the model of the democratic rule of law, guided by convictions more human and sympathetic, in contrast to previous models carved under the aegis of dissociated financial aspirations of the relevance of a social growth. Among the arguments contained in the Constitution, it becomes two faces of freedom of expression —freedom of the press and the right to information— both in order to corroborate the importance of these values within a democratic society. Moreover, focusing on virtual relationships, we seek to understand what the decision-making positions in Brazil, in relation to press freedoms and the right to information. Finally, mention was made that there is the seat of the two main national courts (Supreme Court and Superior Court of Justice), negative bias over the Internet, going on, but the actual implementation of communicative freedoms, individual cases interpreting the light of constitutional prism and nuances that requires the digital environment, as a new reality in which human relationships are given.     

‘Illiberal Democracy’ after Post-Democracy: Revisiting the Case of Hungary

In taking stock of the ruling Fidesz party's project of ‘illiberal democracy’ in Hungary, this article first develops considerations based on Claude Lefort's democratic theory for critiquing ‘illiberal democracy’ and post-democracy alike, situating the former in an early 2010s post-democratic moment characterised by the emergence of a neoliberal crisis management regime in the Eurozone. ‘Illiberal democracy’ and ‘market-conforming democracy’ are both problematic from this standpoint insofar as they subordinate the key Lefortian dimension of democratic contestation to either the primacy of the markets or a reified conception of the ‘national interest’ as represented by a single party. The analysis then traces the development of ‘illiberal democracy’ and its construction of key signifiers such as the ‘national interest’ in programmatic speeches made by Viktor Orbán, from its beginnings in the post-democratic moment to subsequent crisis conjunctures in which it has redefined itself against ever newer threats.     

Comparing regulatory processes in genome editing and autonomous vehicles: How institutional environments shape sociotechnical imaginaries

This study compares the regulation of two emerging technologies, the CRISPR genome-editing system and Connected and Autonomous Vehicles (CAV) in the United States. The study draws on 33 in-depth interviews with innovation and governance experts to study the relationship between their regulatory environments and developing beliefs about these technologies. Using sociotechnical imaginaries as a framework, we explore how social actors envision technologically driven futures and the social order that enables them. These imaginaries are essential to emerging technologies, where experts build a framework of potentialities for innovation still underway. While scholarship has documented how sociotechnical imaginaries arise among policymakers, groups of scientists, state and local stakeholders, and public actors in different countries, less has been said about how regulatory organizations and their actors shape expectations around technologies that are in the early and middle stages of development. This article finds that regulatory institutions shape emerging imaginaries along three related axes: the distribution of authority, technological novelty, and risk. Interviewees negotiate these three contingencies differently based on relevant extant regulatory structures and ideologies, resulting in distinct imaginaries around each technology. CRISPR actors envision genome editing as largely diminishing biomedical harm and eventually suitable for health markets, while CAV actors diverge on whether self-driving cars alleviate or exacerbate risk and how they may enter roads. That organizational structures and practices of regulation inform broadly held sociotechnical imaginaries bears significance for studies of innovation trajectories, suggesting regulators can take an active role in shaping how risks and benefits of emerging technology are defined.     

Support for the environment post-transition? Material concerns and policy tradeoffs

Though many individuals are aware of the need to address environmental concerns, fewer are willing to pay for climate action or think the environment should be a priority for government spending. One compelling reason is that they prioritize using scarce resources to address immediate material concerns. This is particularly likely for individuals facing absolute material scarcity or for those who think they are relatively economically worse off, especially in contexts characterized by rapid transformation and volatility in the levels and quality of social welfare provision. To test these expectations, we analyze survey data from formerly Communist economies, which today find themselves with vastly different fortunes. Empirical findings suggest that absolute and relative material scarcity affect opinions regarding government spending on, and the willingness to pay more for, environmental action. However, willingness to pay more for government public services, inclusive of anti-poverty initiatives, has an impact on willingness to pay more for climate action, but in counter-intuitive ways. Overall, the results appear to suggest that explicitly addressing and relating individual living standards and inequality with environmental concerns may expand support for climate action.     

Competition and cooperation in artificial intelligence standard setting: Explaining emergent patterns

Efforts to set standards for artificial intelligence (AI) reveal striking patterns: technical experts hailing from geopolitical rivals, such as the United States and China, readily collaborate on technical AI standards within transnational standard-setting organizations, whereas governments are much less willing to collaborate on global ethical AI standards within international organizations. Whether competition or cooperation prevails can be explained by three variables: the actors that make up the membership of the standard-setting organization, the issues on which the organization's standard-setting efforts focus, and the “games” actors play when trying to set standards within a particular type of organization. A preliminary empirical analysis provides support for the contention that actors, issues, and games affect the prospects for cooperation on global AI standards. It matters because shared standards are vital for achieving truly global frameworks for the governance of AI. Such global frameworks, in turn, lower transaction costs and the probability that the world will witness the emergence of AI systems that threaten human rights and fundamental freedoms.     

Intermunicipal cooperation,municipal amalgamation and the price of credit

In many countries, local government size is increasingly thought to be insufficient to operate efficiently. Two possible solutions to this problem are amalgamation and intermunicipal cooperation. This paper applies a novel methodology to shed light on the efficiency implications of this choice. Using a unique and rich micro-level dataset, we find that intermunicipal organisations (IOs) in the Netherlands consistently pay higher interest rates than municipalities, while there is no economic reason to do so. We interpret this as a form of inefficiency. Municipal amalgamation, on the other hand, does not result in higher interest rates. Our analysis eliminates one possible explanation, dispersed ownership of IOs, as the number of partners cooperating in an IO does not affect interest rates (no ‘law of 1/n’). This leaves the introduction of extra hierarchical layers as a result of cooperation, and the ensuing reduction in monitoring, as the most probable explanation.     

社会保障法概念探析

本文通过对社会保障的概念与法的概念、社会保障的本质与法的本质、以及现有社会保障法的概念的全面分析 ,对社会保障法进行了重新定义。本文认为 ,社会保障法 (广义社会保障法 )是关于基于社会理性、为保证每一个人的生活安全、维持基本生活并保证生活质量从而保证其生存权和发展权而采取的社会互助行为的法律规范的总称 ,包括社会救济法、社会保险法和社会福利法三个次级法律规范群 ;狭义社会保障法是关于基于社会理性、为保证每一个人的生活安全、维持基本生活从而保证其生存权和发展权而采取的社会互助行为的法律规范的总称 ,包括社会救济法和社会保险法两个次级法律规范群。     

Not Child's Play: Tactics and Strategies in Viva Cuba and Habanastation

Recognition of the national and international contexts in which Viva Cuba (Juan Carlos Cremata, 2005) and Habanastation (Ian Padron, 2011) were made and marketed highlights the coexistence of a pragmatic, tactical approach to filmmaking with the expression of specific, national concerns. Indeed, the two elements are inextricable, since both directors exploit the association of children with universality and the apolitical in order to pursue both personal and national goals, so that these films for children, about children must be seen not as child's play but as contracandelas: strategic and affective responses to uncertainty and threat.     

论中央与地方立法权限的划分标准——基于公共服务理论的研究

实定法所确立的中央与地方立法权限的划分标准尚有缺陷,不能适应各地方因地制宜的治理需求。已有学理研究成果过于"重技术"而"轻理论",缺乏深层次的价值指引,难以回应以上现实困境。公共服务理论为解决央地立法权限的划分问题提供了全新视角。在公共服务理论下,国家长久执政的正当性前提在于向人民提供良好的公共服务,国家行使立法权的目的在于组织公共服务,央地立法权限的划分同样应以公共服务为中心。中央立法的定位系制定为提供公共服务所设置国家机构、组织、制度等内容的框架性法律和部分直接规范公共服务的组织、运行的细则性法律,地方立法则系制定细则性法律。央地之间细则性立法事项的权限划分应当以"便利服务"为标准。