GENERAL THEORY AND METHODS OF LAW

Author: ROSTAND QUIJADA CARMEN.
Year: 2003.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD.
Place of preparation: FACULTAD DE EDUCACIÓN.

Summary: The purpose of this thesis was to investigate the effect of moral education in the work of D. Andres Manjón in the latest educational Laws. To that end, and taking into account the socio-cultural and political context of his time, I have studied their input and current projection doing a parallel study of his writings with the contents of the LOGSE And the Principles of Quality of LOCE As a result, have been analyzed Schools Hail Mary as institutions to eastern Christian humanism and social. The play majoniana has estiduiado as a key core of an educational system that has backbone service to the ideal of social classes margiandas together in the service of the spiritual and moral life, coordinates uhna work opens up new horizons the current pedagogy. For Manjón, the man the main agent of their own education and respecting their very nature, we must educate him while in intelligence, will and feeling. For the educacción is morally, it is not enough to educate, but we need to form good habits and awareness, disciplinádolos and inspiring love of virtue. The coeducadores are not only instructors but carriers and transmitters of any moral teaching towards the end. For Majón education as a means of social and cultural regeneration that arises, considering its historical and social context, the specific circumstances of who lived and who inspired their educational work.

Author: LEMUS CHÁVARRI FERNANDO DE.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis intends to help fill a gap left by historians law and the internationalists Spaniards: instrumentation legal Spanish-Portuguese relations in the eighteenth century. The decision to take as its goal the study of international relations and not its legal formalization treaties and conventions, is not unaware of the significance of these instruments nor their proliferation in the IIP -llegan fifteen agreements reached between the two key range powers or with a third, but with special reference to the other nation ibérica- but seeks to highlight the importance of the fabric of situations whose law firm is momentous, whether as a result of background or treaties, as is true exponent of the reality of relations inter-ibéricas. The choice of operation of the Treaty anglo-portugués of Methuen (1703-1810) as the delimiter of the period covered by this study, has sought to flee the automatism, especially abruptly cut consideration when you reach year 1800, which preclude the consideration relations mounted about halfway between the end of the eighteenth century and the beginning of the nineteenth. It also serves truly constitutional convention, which it describes as a key position jurídico-internacional the crown protuguesa. Particular importance was given to the border treaty overseas, and especially in the Treaty of Madrid in 1750, with minor alterations confirmed by the Treaty of San Ildefonso in 1777, which established permanent, transit area portugesa of half Portuguese possessions in South America. The extension of the study of this instrument jurídico-internacional is further justified because, contrary to what is the usual practice, it was not the result of a conflagration of war, but, in theory at least, had the purpose of conducting an assessment pacifíica the title jurídicos-territoriales of both powers, especially since the perspecitva principle "uti possidetis ita possideatis." In sum, we believe that this work can help to provide a counterpoint to works not overly objective scholars luso-brasileños.

Author: HERRERO MALLOL CARLOS.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis is based on four pillars: A - The rationale for the payment of taxes. B-Who is harmed by the non-payment of taxes. Fundamentally Society in general, which provides some public services that are affected by the collection. And taxpayers not fraudsters in particular that they cover the defaults of others. C-What is the purpose of the criminal penalty. Essentially, unlike other penalties, as a punishment to encourage greater or better tax collection. D-negotiability of penalties. For example, the recent theory Fusi advocates at the moment that are traded penalties with the defendant. The job title is "factual and legal analysis of tax fraud," because it serves equally to hehcos and standards and maintains unabated, as neatly Karl Engisch, "a coming and going of sight of the rules to facts and facts to the rules. " It includes an analysis that part of the formulation of the principle of tax justice in the states contemporaries, to continue focusing on Spanish law and in the specific cases of active subjects and facts relating to violations of the tax legislation. And concludes with policy proposals to limit fraud of this nature and to improve its legal regulation.

Author: GARCÍA GÓMEZ ALBERTO.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The analysis of the legitimacy and legality of the clonción human is a matter of great topical and complejidad.Para proper understanding and assessment of the same address is required from three science, which are key to the study of these bioethical issues: biology, philosophy and law. By analyzing the biological status of the embryo clone to understand whether in embryo produced by the technique of cloning is a human being, that is if it is a body with a genome itself belongs to the species humana.Alalizmos also the positions of those who argue that is not a human being. From a philosophical perspective, we try to explore the ontological status of the embryo clone to know if it is or may be a person, the reasons why it is considered a person and who support a clone embryo is not a person. The study of the ethical issues of human cloning allows us to clarify that we do to the data that the human reality proceeds of clonación.Para this study the different types of cloning (experimental terpéutica and reproductive) to find out what, do they differ, what relationship exist between them and what is the valuation of the same. From ethical analysis can approach the study of human cloning in the light of the rights humanos.Con ethical backbone and a legal vocation eminently human rights are configured as ethical requirements that must be positivizadas.Son rights univesales and inherent and this might ask and try to answer the question: Do you achieve human rights to the human embryo clone? In the light of these considerations we look at the legitimacy of a law that allows human cloning. Our study performed an analysis of the regulation of human cloning in Spanish law (Constitution, the law on medically assisted reproduction techniques and the Penal Code and the law of the Constitutional Court on the value of life and drechos core of the unborn ) as well as international standards in the UN, Council of Europe and European Union. Also estudiameos law in training on the issue for which we reviewed legislative initiatives and parliamentary debates in the Congress of deputies which has treated these themes, as well as the work carried out within international organizations such as UN, Council of Europe and European Union. In light of our study concludes that: human cloning in all its forms (experimental terpéutica or reproductive), and regardless of the intent with which it is carried out, is intrinsically immoral behavior and contrary to law, since it produces and destroys embryos, human beings, should be treated as legitimate personas.Es law that bans cloning humana.La legal norm of a democratic state or an interpretation of the same - that allows this practice would be radically unjust because that would authorize the violation of the dignity and fundamental rights of those human beings who were used in the technical process of cloning and that their situation of weakness and vulnerability, the state must protect in a special way.

Author: DIEZ DE URDANIVIA FERNÁNDEZ S.C.F. XAVIER.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DERECHO.

Summary: The state and its sovereignty are home institutions Renaissance whose hegemonic paradigm has, in essence, a force trisecular. The circumstances of today, which is generally known as globalization, have led to a systemic crisis for them, which affects so unusual and unprecedented, the prevalence of the tenets that have founded its theoretical definition and based its existence fenoménica. The root of the problem lies in a shift of political power from their traditional government centers, territorially defined, to instances that do not recognize borders or physical with the upkeep of legitimacy that the legal and political structures of the nuclei state provided them. The fact described affects a substantial also an international order, as the existing formal terms, which is based on legal and arrangements made between those states incorrectly named, with a consequent effect on the alteration of the political structure orb and the consequent detrimental to the public interest to ensure a large built from individual rights and freedoms, and its orderly and harmonious coexistence. The restoration of that order, or better, the search for a new one that is appropriate to the new one. Context-requires a redefinition of the organization's legal and political inclusiveness, without detriment to the peculiarities of each national community, suffice it to integrate and distinctly articulated, a global community that appears irreversible and that is comprehensive for the whole genre human. The theory postulates that a suitable method for achieving this end is adapting to the new circumstances of the old federal principle, stripped of any limitation from its previous application to the state structures typical. The final claim is proposing a scheme to achieve viable methodological terms nimble-face culture poscontemporánea- the old Kantian ideal of unafederación world nations, so that the resulting system can rely on the notes of legitimacy to be functionally characterize all political system.

Author: BATISTA SEBASTIAO.
Year: 2004.
University: ALMERÍA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Given the legal complexity of the phenomenon at various levels and prospects, in its structure, dynamics and purpose, are looking for an approximation of the concept of the right to exceed the reductionism that usually configured based on the ideas of fairness, the rule of social practice. It develops an analysis triádico at the ideas and concepts of the formal and symbolic representation, and the reality of space / time law, in addition to desenvolverlo in the areas of potential, individuality, community and universality. The analysis is based on three axes which are the basic processes of knowledge (logical / analytical, synthetic / intuitive and pragmatic / operating). To approach the problem, some currents of legal thought greater impact on the contemporary law, as inherent in the construction of iusnaturalismo, positivimos and legal pragmatism. In view of the constituent elements of the legal phenomenon (its operational factors), highlights of space, timing, pesonajes and procedures, and are reflected in its structure especially the principles (concepts, beliefs and goals that are an outlook), values and sanctions, in addition to actions, symbols and practices that comprise it. In short, it is proposed to build legal systems at the conceptual and formal events, based on three axes, as part of the universal network of systems for regulating the effects of entropy and from the neguentropía the simplest to the most complex of social order.

Author: MARTÍNEZ ZORRILLA DAVID.
Year: 2004.
University: POMPEU FABRA.
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO.

Summary: The thesis deals with one of the most complex problems of today and the general theory of law and constitutional law, which is the conflicts that arise between different elements constitutional qualified as' rights', 'constitutionally protected property', 'constitutional principles 'or' constitutional values', which together can be categorized under the heading of 'constitutional conflicts. From the perspective of the analysis of these situations has been made by most of the theory of law and the Dogmatic Constitution, we can say that they are characterized by satisfying the following three theses: 1) The conflict occurs between regulatory elements called 'principles', as opposed to other factors (more common in the law) called' rules'; 2) The conflict is manifested only at certain specific circumstances or specific cases, without any talk of a conflict or inconsistency between those in the abstract principles; 3) For proper treatment and conflict resolution requires a specific mechanism usually called 'weighting', which is radically different from the classical criteria for the resolution of antinomies in the right (conflicts between rules), which involves solving in accordance with the principle that in the circumstances is more 'weight' or significance (as opposed to the criteria for resolving antinomies between rules, which provide for a permanent exceptions or hierarchies among them). According to the analysis, from the instrumental and budgets of legal positivism methodological and analytical philosophy, have reached a series of conclusions of which the most remarkable is that both the type of problem (the 'constitutional conflicts') their solution (the 'weighting') do not differ too much from the classic situations antinomia policy and the criteria for their resolution. More specifically: 1) As to the first argument, after analyzing the category of 'principles' has been wounded to the conclusion that this is a very problematic category and high uncertainty, so the solution it is more advisable to waive it, since on the other hand one can give an account of the problem outside that category. 2) As regards the second argument, the study attempts to show that the vast majority of situations' constitutional conflict 'structurally due to a conflict identifiable category in the abstract (for logical reasons, conceptual or structural), which the nearer to antinomies between rules. 3) With regard to the weighting mechanism, it has been examined from three perspectives usually not adequately differentiated: a) Conceptual (what weighting), b) methodology (how it is carried out weighting), c) regulations (how it should be done weighting). The findings show that overall, on the one hand, there is no necessary link between the problem or concept of the constitutional conflicts and the mechanism of the weight, and secondly, that the weighting as such does not differ too much (indeed, it almost equivalent) from the application of classical approaches to the resolution of antinomies. Finally, in Chapter IV, he examines whether the appeal to the moral argument as support for decision-making based on the weighting can guarantee or necessarily guarantee the existence of a single correct answer to the problem. The main conclusion is that this is not the case because in the moral discourse may also be situations of uncertainty (such as equivalence between alternatives or incomparability). This is a new confirmation of the theory of Hart of judicial discretion in difficult cases.

Author: SANTOR SALCEDO HELENA.
Year: 2004.
University: ZARAGOZA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The means for resolving labor disputes had little rooted in our country. The state intervention, the absence of collective autonomy and the role of the court in interpreting and enforcing labor standards, hampered its development. The constitutional recognition of the collective bargaining led, however, a significant change in attitude in favor of voluntary solution, preferably private, industrial disputes. Since then, interest in the study of the means for resolving conflicts has grown and become more pronounced after references to the media, the LPL 1990, and labor law reform in 1994. Among conciliation, mediation and arbitration, the institute least known and studied law in Spanish, was and is mediation. This ignorance has not run, however, in parallel with their use by state and regional systems of ADR. On the contrary. Despite lack of meaningful precedents in our country, inter-trade agreements that have instituted such systems opted for mediation work at the expense of conciliation, converted, too often, in a ritual formality reduced operational. The preference of the social partners for mediation has not been accompanied, however, the necessary legal effort systematization. The laws that govern conventional and create various mediators and require procedural issues, but his perspective is purely instrumental. They regard mediation as an alternative means to process or strike, but not defined as an institute legal or determine its elements regarding born legal relationship between the mediator and the middle-a relationship that, conceptually, can be filed under different profiles: as an activity aimed at conflict resolution, as a result of such activity if the conflict ends with compromise budget and procedural legal dispute, which suffices for his attempt. The scant attention paid by the Spanish doctrine and multiple levels that are projected onto the institute constituted grounds for encouragement to deal with their investigation. And in this way, mediation work became the subject of a Ph.D. thesis, which has sought to identify the nature of mediation and explore their analysis, since the structural and functional perspective, the Spanish Labor Law. Formally, the thesis is divided into four chapters. The first is devoted to the fundamentals of the voluntary settlement of conflicts and the evolution of the Spanish system of extrajudicialidad. Based on the consideration of conflict as the factual background that calls for a channel solution, addresses the role assumed by the State in order to achieve this objective, as well as the increasing role of party autonomy in terms of the creation of media composition and transit occurred in the last years of the primacy of public guardianship to the boom of the private composition. The second chapter is dedicated to the identification of legal mediation as a means of resolving conflicts. To this end, mediation differs from other related institutes. And then addresses their legal status as an activity pursued by the self, through the assistance of Comparative Law, the legal theory of the business and the study of other forms of intervention of an impartial third party explicitly recognized as a business in Spanish law. The characters of mediation concluded with compromise are also discussed in this chapter, along with business instrumentals used to achieve it. And realize that the pursuit of mediation agreement and its effects depend on the power granted to private autonomy, it tries to define the scope of the unavailability of principle contained in Article 3.5 of the Workers' Statute. At the end of the chapter deals with the mediation as a condition of preliminary and procedural effects that may result from its failure or his approach to inappropriate body. By studying the med 8 iación and 65d No public headquarters and the role of collective bargaining as a source of private mediation headquarters, devotes the third chapter of the thesis, which analyzed with special attention to the state regulatory framework, mediation formulas created by the regular collective bargaining agreements and preferential trade organizations as a conduit to institutionalize procedures and mediation services. The last chapter is reserved to the study of mediation agreements state and autonomist ADR. The guiding principles that inform the procedure, which may conflict mediation, persons authorized to participate, the diversity of forms of body mediator and the development of the various formalities of the procedure itself, are issues discussed in this chapter, which concludes with a the section on the legal effectiveness of the agreement reached in mediation, his ejecutividad and his possible challenge.

Author: GALACHE REJON FRANCES.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: DERECHO.
Place of preparation: DERECHO.

Summary: As the title indicates, the Doctoral Thesis is a work that exposes the Political Theory Carole Pateman, author little known in our country, analyzing his work in a chronological order, in order to facilitate the reading and understanding of the same . The work begins with a brief introduction biobibliográfica and is divided into nine chapters, the first of them referring to the first work of the author analyzed on Democracy and Participation. Then two chapters are devoted to the presentation of analysis Pateman done on the issue of political obligation, followed by two chapters that examine his work on the contract sexist and two chapters which reflects and analyzes its latest publication near the disorder of women. Lastly includes a chapter on several texts published by the author, on the democratization of society finalizándose thesis with the findings and literature.

Author: ESCOBAR MARTINEZ LINA MARCELA.
Year: 2005.
University: PAÍS VASCO.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: Y TEORÍA DEL DERECHO - FACULTAD DE DERECHO.

Summary: This work investigaicón deals with the study of the technique of modulation sentences, dela variety of decisions interpreting existing globally and the problems that are generated around them. It then intends to work long or resolve the following questions: What  bodies responsible for exercising control embodied in the Constitution in their rulings have applied some (s) of the modalities of interpretative decisions?,  What are the modulation used lime in Colombia?.  What proportion and that items are modulated Colombian jurisprudence in the area of constitutionality from 1912 until the year 2005?. This work is therefore a study sidewalk modulation of judgments, and the regulatory power of the Colombian Constitutional Court. This necessarily start with the study of issues relating to the distinction between standard and file: the concepts of interpretive judgment and sentences manipulator, and the delayed impact at the time of the constitutionality of rulings, among them. This will determine how far the system has been modified Colombian sources of law, since the Constitution of 1886 was legalistic. This study is warranted under the problems already noted that the ignorance of the case has raised in Colombia. Its outcome will be useful insofar as it contributes to knowledge and familiarity with the methods of modulation used sentences in Colombia and other countries. Additionally, this work suggests a series of benchmarks for the use of Colombian interpretative judgments, which are under consideration by the academic community and legal with the sole intention of making a small light on the conflict and set forth among different government bodies.

Author: Aragoneses Aguado Alfons.
Year: 2005.
University: GIRONA.
Place of defense: Facultat de Dret.
Place of preparation: Facultat de Dret.

Summary: In the late nineteenth century were circumstances that allowed Raymond Saleilles tematizar autonomy of comparative law as a science subject, purpose and method of their own. The internationalization of trade, the crisis in exegesis and the Napoleonic Code itself, the challenge of the emerging social sciences and the German and Swiss codes were needed a new way to study the law. Raymond Saleilles believes that comparative law should secede from the comparative legislation using a scientific method, based on the history and sociology, were able to identify the elements of each system closer to the ideal "droit commun de l'humanité civilisée"

Author: TORRE CARRILLO ARTURO DE LA.
Year: 2006.
University: BARCELONA.
Place of defense: FACULTAD DE GEOLOGÍA DE LA UB.
Place of preparation: FACULTAD DE GEOLOGÍA DE LA UB.

Summary: The artisanal mining has been growing in recent decades in all the countries of Latin America and the Caribbean as increased poverty and social exclusion in the region. This increase has occurred in parallel with half that did the whole job market is precarious, at the expense of working regulated. This thesis has researched the economic and social relevance of this type of mining, which is characterized by its small size, its high degree of informality and by the use of rudimentary techniques in the exploration, exploitation and processing of resources litosféricos available the Estados-partes MERCOSUR and its partners. Many countries have developed specific rules to regulate this type of activity and quarrying. So in the case of Brazil this has been done through the legal support to associations and cooperatives formed by artisanal miners (garimpeiros) from their rights under the Constitution of 1988, which provides for the economic and social development of this type workers. For what I have studied, in detail, what kind of resources are exploited, techniques that are used in the extraction and processing of the same, acting as production be on the market, that problems facing these entities mining and relevance has since social viewpoint. Likewise I drafted a plan aimed at improving the sustainability of activated from Brazilian mining cooperatives, based on the optimization of management aimed at the reduction of environmental impacts and by implementing appropriate technology. Although it always has been studied primarily to small-scale mining from the point of view of the extraction of gold and precious stones, or other high unit value, I have come to the conclusion that the most important in this type of mining being associated with the operation of inputs used in construction, providing the industry aggregates (fragments of rocks, ornamental rocks and aggregates), as well as lime, cement, ceramics and many others. This activity takes place on many occasions within the informal economy and using craft techniques, which make it unproductive and compremetiendo while its sustainability. The case study was done in the Cooperative Agromineral Sem Fronteiras (CASEF), headquartered in Brotas of Macaúbas (Bahia, Brazil), which is dedicated to the extraction garimpeira of quartz crystals and the development of handicrafts from its mineral production.