PHILOSOPHY OF LAW

Author: ALEMANY GARCÍA MACARIO.
Year: 2004.
University: ALICANTE [www.ua.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis deals with the concept and justification of paternalism in general and in particular legal paternalism. It is divided into 6 chapters. In the first of these studies paternalism perspective diacróníca: first, identifies the origin of the term "paternalism" and explains the features of industrial paternalism; Secondly, we study some aspects of the thinking of Locke, Kant, Mili, Wilhelm von Humboldt, Ihering, Hart and Rawls. Chapters second quínto deal with the issue through the works of the most important authors in the current discussion sobf.e paternalism: Gerald Dworkin, Joel Féinberg Ernesto Garzon, and a number of authors in the field of labioética. Together these authors offer a comprehensive overview of the different conceptual approaches on patérnalismosmo and different propúestas of justificación.En the sixth chapter the author gives his own views on the subject to make an outline on the theory of paternalism. In his opinion, a plausible definition of paternalism in general would be as follows: "In exercising paternalism agent on S if and only if: 1) In exercising power over B, and 2) in order to avoid carrying out actions S omissions to harm himself and / or pose an increased risk of harm (such damage physical, psychological or economic). " Which would be equivalent to the following: "In exercising paternalism on S if and only if: 1) To influence (by means other than rational persuasion) S, S coerces prevents act aSo punishes aBy 2) with the aim of preventing S carries out actions and omissions that will harm himself and / or pose an increased risk of harm (such damage physical, psychological or economic). plausible And a definition of legal paternalism would be as follows: " exercises on legal paternalism B if and only if: 1) In the exercise of jurisdiction, situated in a position of aB duty, not right, subject or incompetence (in the latter case, to modify their own status), y2) in order to prevent S perform acts or omissions that would harm themselves and / or pose an increased risk of harm (such damage physical, psychological or economic). With regard to the terms of justification of paternalism, according to the author, "In exercising paternalism justifiably on S through X, if and only if: 1) X is an appropriate and necessary, in the sense that B prevents injuring himself or increase the risk of harm (such damage physical, psychological or economic) and there is an alternative way not paternalistic and reasonable cost to prevent such damage; 2) the trend of production such damage or the increased risk of damage has its source in a state of incompetence core subject B and 3) can be reasonably assumed that B would provide its consent both to the possibility of being a general treaty paternalistamente by A on certain occasions, as the specific content of X, if not in a situation of incornpetencia basic. "

Author: MOLINARO CARLOS ALBERTO.
Year: 2004.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Objective Work draw a prospect to study and promote human rights. For that, delineamos a model NCSDD [naturaleza-cultura-sujeto-deber], which enables unified think that perspective. One result of that vision is the right as a means of stabilizing the existing social relations in a specific social space. So the right reveals a cultural process that is created continuously. When sistematizamos law, usually escin-dimos rights, duties, claims, liabilities We refutamos, based on human rights, the division. The law is one. Derecho-deber. But obsér-vese that we are not referring to derecho-deber the usual legal dogmatic, ie the simultaneity of the right and duty individually attributed [ver-bigracia, rights and duties of certain civil servants or agents] . It is not that derecho-deber we try. The derecho-deber we are trying to propose is an instrument for the development of an "ethics of human rights," So, an ethics of this kind involves a auto-imposición duties -deberes to realize human rights. Duties are rights and vice versa, habi-litados from five predicamentos: Re-conocimiento, Reciprocity, Respect, Respon-sabilidad and Redistribution. Then re-conozco the other, we demand reciprocity, respect and respect for myself, we claim responsibility and we are moving to promote a redistribution of social power. An ethics of human rights of pien-sa from those five predicates, all inclusive.

Author: VÁSQUEZ ANDRADE PIEDAD MAGDALENA.
Year: 2004.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In theory, raising the question: Is it possible  human rights education, designed from these contexts? I respond that it is possible to make a proposal that end educational whose axis is unethical, and in the extent to which human life with dignity, there is evidence of a reproductive rationality and resistance. The subject of education is a subject body, structurally ethical and incomplete in its inacabamiento opens to another and another. Upon recognition of the complexity of contexts, it poses a relational dialogic methodology. Intercultural dialogue is present as a component that contributes to the clarification of the historical and common purpose pursued by the realization of human rights. The cirterio evaluation is the subject of education to be positioning ethics and politically with a view to defending human life dignity of all human beings, but more specifically with victims of the excluded from the exercise of fundamental rights . To work the proposal I fit and reapropiado thought by some authors that deal with the issue of human rights from the complexity of ideologues thought the liberation of Latin America and pedagogues of the release of guidance freireana. The work is divided into five chapters.

Author: APONTE SÁNCHEZ ÉLIIDA.
Year: 2004.
University: GRANADA [www.ugr.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: INSTITUTO DE ESTUDIOS DE LA MUJER - DPTO DE HISTORIA.

Summary: The thesis is a reflection filosófica-jurídica on the two concepts that constitute their ideological axes, it is the revolution of the constitution, tranversalizados by the feminist critical theory that serves as a tool or category of analysis to compare standard and reality in a society and given a historic moment in time.

Author: ECHENIQUE MAGALHAES OSCAR JOSE.
Year: 2004.
University: GRANADA [www.ugr.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis seeks to clarify what it takes and how it gives the performance of the legal doctrine in Brazilian law. What was concluded after observing our legal practice is that the doctrine, under certain conditions that have tried to explain, is part of the right to live actually applies in Brazil. The study comes time to establish a conceptual point to understand and explain the actions of the doctrine in the Brazilian legal system.

Author: BISBAL TORRES MARTA.
Year: 2004.
University: LLEIDA [www.udl.es].
Place of defense: UNIVERSITAT DE LLEIDA.
Place of preparation: UNVIERSITAT DE LLEIDA.

Summary: Freedom of expression is rooted in the liberalism of Britain and the United States. Initial claims for a free exchange of ideas began on the seventeenth century, with a speech Areopagitica John Milton, English Parliament calling for the abolition of censorship in the print shop. In 1791 the freedom of expression joined the United States Constitution, the first amendment stating: "Congress shall make no law ... by some to restrict freedom of speech or the press." This work focuses on the contributions to the freedom of expression made by John Stuart Mill, English utilitarian, and Oliver Wendell Holmes, realistic American, which were introduced from the second half of the nineteenth century and the first half of the twentieth century. The works of both authors are studied in the light philosophical movement to which he belonged. First, the theory of freedom of thought and discussion by John Stuart Mill relates to their moral and political philosophy. Secondly, it analyzes the judicial opinions of Oliver Wendell holmes in which makes the test of "clear and present danger" and the theory of "open market of ideas." The liberal concept of freedom of expression, which has led to the declarations of rights and argued John Stuart Mill and Oliver Wendell holmes, I understand freedom in the negative sense, ie as the absence of external constraints on the field personnel. In addition, based on freedom of expression mainly in the search for truth and self individually. Thirdly, the liberal tradition is contrasted with the positive notion of freedom of expression, which allows the intervention of the State to regulate the communication process. According to this view, the importance of freedom is that it is a prerequisite for democracy and is a means of collective self-determination. This latest proposal will ensure greater equality of access to the media and strengthen pluralism in the public debate.

Author: SABARIEGO GÓMEZ MANUEL JESÚS.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO (DEPARTAMENTO DE DERECHO PÚBLICO).

Summary: Human rights are a place for modernity. This makes them, culturally, a constituent of the identification of numerous social movements, and thus are present at the demands, strategies, actions and speeches of those movements converge in the affirmative process of convergence, and joint mobilization alternatives to the hegemonic globalization which is the World Social Forum (WSF). The relevance of human rights, interpreted from epistemology, the methodology and practice generated from the concrete actions, immediate, specific and distinct social movements is strategic for the WSF, to the point guide on its fundamental principles. It is also good for human rights, and that this interpretation updates from the concrete, heterogeneous and different relationships, positions and senses contrahegemónicos comprising one. This strategic significance of the interpretation of human rights carried out by social movements from the contexts of their actions, practices and speeches, displays dynamic densities, dimensions and understandings of the relationship between culture and politics that make up a new social ecology of the identification , we should consider making that link border territories disciplinary via routes that cross paths need to be update our maps epistemological, methodological and conceptual.

Author: LOSANA MONTES ESTHER.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: This thesis is a detailed study about the concept of family, and his anthropological foundation of the justification for their protection by the competent public authority. We started from the Natural Law in informing the content and substance that gives the thrust for further regulation by the law. The study is divided into two parts. In the first part we look at the concept of family since its foundation anthropological study this concept from all areas impacted in order to be more rigorous in its definition. The foundation anthropological and the realities of human nature, such as marriage and the family, are not competition or tasks of the state. Therefore it is necessary to view it from the viewpoint of anthropology of sociology, theology and within cultural history. We analyze and its main features, and we can affirm that marriage is the community of life between two people from different sixth (men and women), by decision of its free will and character indosoluble aimed at mutual assistance for spouses and procreation and child-rearing. Thus, we affirm that marriage is the only way of establishing conjugal society and therefore fundamental basis and normal mode of formation of the same, since it originates, through the generation, followed by the act of birth, the relationship paternal subsidiary legitimizes and parental relationship. In the second part as we look at the family affects other areas of social life. Note the different political families, making a comparison with European law, which puts the family in Spanish a disadvantage. We note the initiatives promoted by the association family detailing the gradual evolution thanks to this movement. With all this, we intend to return to his family and marriage concept makes it natural that deserves to be protected as a Fundamental Right, different from other social realities, the only based on nature.

Author: MERAZ ESPINOZA ANA ISABEL.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of preparation: UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: This paper aims to identify and analyze certain national and transnational legal standards governing the major subjects related to electronic commerce, including electronic taxation, intellectual property, consumer protection, electronic contracts, digital signatures, commercial communication, among others. Benchmarks belong to regions and piases who have developed this important way of doing business with the help of high technology and computer support, but they also have a solid legal regulation on the matter. Electronic commerce is a consequence of the modern information society and the use of computers and before all this technology revolution voids legal evidence more promptly. With the implementation of telematic networks distances have been reduced and the demarcation of the territories is virtually nonexistent. The conflict of laws in time and space leads to the impossibility of implementing a particular law or not having a definite jurisdiction applies to matters via computer networks are carried out. In such situations the countries involved are sometimes inadvertently and the rules of any of them are not always reported for solving the problems that arise. Thus arises the need to appeal to international agencies as part of its legislative work created models applicable laws in the countries that adopt them. Thus the legal establishment of electronic commerce is acting both as a national legal systems by transnationals.

Author: CARBALLO FERNÁNDEZ FRANCISCO JAVIER.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE FILOSOFÍA.
Place of preparation: FACULTAD DE FILOSOFÍA.

Summary: The thesis investigates the nature and epistemology of religious experience. This is studied in detail and critically assesses the perceptual model designed by the contemporary American philosopher William P. Alston. The starting point is the model intuicionista of religious experience of Schleiermacher, seen as a precursor of germ and perceptual model. After entering the perceptual model of Alston. The first thing is to present the phenomenological analysis of the experience of God and its construction as a way of perception. After respond to the main objection to this model and what we dialogue with his opponent: the model interpretacionista. We finished trying to overcome other critical considerations, while recognizing the need development pending his theory of perception. The next chapter starts exposing its epistemology general belief perceptive. After analyzing the concept of "epistemic justification" and the limits of attempts to prove the reliability of the sensitive perception, we present his argument for the practice of rationality standard modes of formation of beliefs or practices doxásticas. " With this epistemological tools, measure the rationality of practice mystical crystal. Finally, we face a number of critical considerations and offer our own, especially regarding the unity and complication of rationality practice and epistemic. Then we look at a case or paradigmatic example of perceptual model: the experience for the well-known Spanish philosopher Manuel Garcia Morente and narrated by him in his written Done extraordinary. The description of the event and their own thoughts that seem Morente adds valuable philosophical to check and verify ownership and correction of the perceptual model. Finally, we tried the main challenge facing the model alstoniano: the great diversity of religious experiences and epistemological problem that is planted. However, our conclusion is that the solution alstoniana the epistemological problem posed by religious diversity needs clarification: In your response to this challenge shows that the justification of religious belief perceptive need cooperation from different bases of support that interact along with the experience. Therefore we conclude defending the proposition that although the perception of God helps to fimdamentación of religious beliefs, we need a "cumulative argument" to establish a reasonably satisfactory justification of religious belief.

Author: CARVALHO LIMA ALZIRA MARÍA.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE FILOSOFÍA.
Place of preparation: FACULTAD DE FILOSOFÍA.

Summary: Based on a conception of vitalism in a broad sense of the term, or force, vital energy that animates all beings in nature and the concept of expressionism taken as meaning that goes beyond the artistic movements always associated with desrrealización or deconstruction of forms, bodies, spaces, harmonies and chords, and so on. ie expressionism as the possibility of expression of the vital essence of things, we have as a key objective, in the present study, linking vitalism and expressionism. In seeking such links, we point to art as a manifestation of vitalism essential or emotional potentials of things, which is equivalent to express its essence. In this direction, one artist will be able to make visible representation of carrying one or more of these essential and emotional potentials of things. On our way we approach certain conceptions ontological vitalistas of reality, their concerns for art and aesthetic manifestations leaving explicit point of view with which we interpret the phenomenon human purpose on the one hand is constrained by greater compression the philosophical intellectualism or experimentalism bies and psychological interpretation of psychoanalysis, has a privileged path to be complemented by following the path of art and its manifestations. The subject of the investigation is limited to two times that we consider most significant. The first, containing a value germ where historically is the first major cultural and theoretical formulation of an anthropology vitalista that uses art to express themselves, made in the environment órfico and pitagórico. The second time, the object of our greatest attention, represents a diachronic development in linking vitality / expressiveness that, in our view, emerges so characteristic at the end of the eighteenth century, throughout the nineteenth and the beginning of the century, and on this journey , we rely on the Greek vitalism up by Schiller (living form), Schelling (conscious / incosciente), Schopenhauer (Energy), Neitzsche (life), by Freud (drive) looking noted, extract and analyze, in all of them those ideas into his philosophy contribute to highlight issues relating to art or a form of art and its forms of expression, showing the relationship vitality / expressionism. The method chosen could not be other than a regulated for the most legitimate possible texts, always guided by the assumption fund our research. Thus, we approach the perpetrators with a mentality synoptic, that is unifying diverse perspectives. As ultimate purpose succeed affirm art as a generator experiences, as experience whereby the objective reality of things and people spend to come and be part of our myself, without violence, because art is a secret door that opens access to our essence as something more diaphanous our privacy.