JURISPRUDENCE

Author: SOSA PEREZ ROSALIA MIGUELINA.
Year: 2003.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Analysis of the constitutional history of the Dominican Republic, the position of their constitutional rules, the experience of having to submit to public proceedings to the Constitution, and finally, the fundamental conclusion that it is the need for a formalized channels procedural control of constitutionality.

Author: NOGALES NAVARRO M. ÁNGELES.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In this research, ethics proposal for Bioethics from a foundation iusnaturlaista was intended to highlight in the field of bioethics, the need to deepen the meaning and significance of work ethics, not only for the sensible thinking and acting wise but the order itself perfeción men. We believe that the lack of agreement to determine what is ethics dede its merits, is rooted in ignorance of the real problems inthe that dimension of the human person, for their ontological status is discussed. The ethical requirement in the very perfection of man can be studied from the classical notion of justice made by Ulpiano.Desde this perspective is how we approached our work in our presentation.

Author: VALERO FERNÁNDEZ DE PALENCIA ANA MANUELA.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: Francisco Javier Conde (Burgos 1908-Bonn, 1974) was a professor of Constitutional Law since 1943, a diplomat since 1946 and director of the Institute of Political Studies in the years 1948-1956. His thinking part of the concept of pesona. Anchor this concept in the philosophy of Zubiri. Based on the reality of the person explains the social and political reality. The thought schmittiano him though often influenced quite reach conclusions different from those of the German jurist-for example in the concept of politics -. The central element of its political system of law is the concept of structural political organization, along the historic deployment, reflected in the various political forms. It developed a groundbreaking theory of political representation valid to be able to apply to any type of command and representation and, as such, can also explain the political regime after the Spanish Civil War. In the explanation of this regime exposes-using types of legitimation weberianos-deployment of the new Spanish politics in which the second phase corresponds to warlordism (such demand representation and had already formulated a theory). It develops the concept of nation and is also concerned about the situation in Europe as well as its potential. The thought of the juridical Count shows great courage and actulidad.

Author: DÍEZ FERNÁNDEZ JOSÉ ANTONIO.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD COMPLUTENSE.

Summary: The objective of this thesis is basically to conduct a study of descriptive and comparative law on the National Committee on Bioethics: boards encounter, meeting and discussion of people representing various sectors of the life sciences and health , which aim to deliver always a matter consultivo- trials on ethical situations on biomedical practices, etc., within a pluralistic and following an interdisciplinary methodology. At the same time, it seeks to record the activity that have developed since their first manifestations (1983) to the present, emphasizing the influence it has exercised its work on the legislation. Along with this feature, there are other aspects of these institutions will be exposing along these lines and whose valuation is done on a less tangible: move the discussion from the bioethical field closed professionals, the public sphere: its contribution dialogue between politicians, scientists and citizens, their way of approach to bioethics, the "authority" of his views, and so on. The thesis has been divided into three main sections, as well as the conclusions: Chapter I, "General Theory on National Committees" is, without a doubt, the heart of this study. Chapters II to IX, which looks at those national ethics committees, which are the international models on which committees have been constituted at present. Chapter X is dedicated specifically to the case of Spain, and aspires to be my particular contribution to the debate and remained largely unresolved in our country, about the need for a National Bioethics Committee.

Author: RUIZ RUIZ RAMON.
Year: 2003.
University: JAÉN [www.ujaen.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.

Summary: The thesis deals with the study of the republican tradition of thought filosófico-político from its origins in classical Athens, at the hands of Aristotle, until its gradual decline and loss of influence in favor of liberalism after the American and French revolutions, through its recovery and Development in Rome, the Italian Renaissance and the republics of the seventeenth century England.

Author: ALONSO GORRIZ JUAN PABLO.
Year: 2003.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO.

Summary: The thesis of the ideas on identification, systematization and modification of the legal system, developed by Carlos Alchourrón and Eugenio Bulygin (Normative Systems, New York-Viena, Springer, 1971 and Logical Analysis and Law, Madrid, Center for Constitutional Studies, 1991), which make up a way to rebuild the activity of the legal dogmatic in its role as knowing the law. It focuses on the analysis of the problems logical legal systems: in particular the problems caused by gaps and antinomies regulations. Once shown how these problems can be detected, proposes a way to solve (modifying the reference systems) following the ideas on consistency has been presented in the legal philosophy of the last few years (especially in the works of Neil MacCormick, Legal Reasoning and Legal Theory, Oxford, Oxford University Press, 2ed., 1994). The aim of the thesis is twofold: 1) show a reconstruction of certain philosophical dogmatic legal problems can be enlightening and 2) to provide dogmatic new tools with which to address the problems of systematization and modification of the legal systems. These methodological issues are addressed from two specific legal issues: reimbursement for expenses and improvements in the liquidation of situations possessory according to the Spanish Civil Code and the crime of injuries according to the Criminal Code Argentino

Author: RUEDA DEL VALLE DORAYE.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO U.C.M..

Summary: Thesis taking place on two pillars: one, the proposal to include the right to privacy as individual guarantee in the Mexican legal system, namely a proposed Lege Ferenda, and another, the proposal to regulate the discipline of grafología as a professional activity, including in the context of Mexican law. Estructuré content of the research is six chapters: the first comprises the concept of individual dignity and protection, the second provides for the privacy of human beings and the gap with its interiority, and the third covers the person as the source and purpose the legal system and the right to privacy, with European vision, the Spanish system and the Mexican system, the fourth gives the concept of grafología, based Aristotelian encourages its relationship with the interiority of the individual and with the current Mexican legal system , the fifth relates to grafólogo with the privacy of the individual, with professional ethics and responsibility for their actions, and the sixth made the proposal lege ferenda in the Mexican legal system, with specific proposals for legal reform that implies . Devoted also a space to the findings.

Author: ALVAREZ RICO GARCIA ISABEL.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It examines the impact that the revolution in information technology and communications taking place in the Derecho.Dentro this framework the objective of this research is to emphasize that the law has a vital role in the new Information Society and the knowledge (SIC), and more specifically in the regulation of a sector in continuous process of change is the transfer of data through the Global Network. The full introduction of SIC shape requires a legal framework simple, clear, secure and at the same time in harmony with existing standards at the international level. In this sense, the great legal vacuum that characterizes this field, and the frantic race for their development hce that sometimes seize the virtual world to perform with greater ease some illegal behavior. On the other hand, translation of the traditional legal doctrine toward éscenario digital types are already regulated by national laws and international environment for the "physical", which guarantees the legal traffic and the protection of citizens against acts that violate rights or are constitutive of crime however, often conceptualization legal classical developed in cultural and economic fields very different from the existing fits with difficult environment laas ICT. In this field the adaptation of the legal rules to the new rrealidad was present as an imperative claro.La legal response to you and demand social change has been a constant history which has its justification in the general principle of ensuring the highest level of security legal and social relations in the interest of achieving logical enhance the effectiveness of law, without losing the north indispensable for the law of the result of justice. This is a topic in constánte evolúción and change that transpires sometimes lack the necessary rest that any change exige.Los most noteworthy aspects that the new legislation should cover the protection of intellectual property, protection of intellectual control the contents, network security, electronic commerce and taxation of products that are purchased over the network. In this direction, the driving force behind this work is given. By the requirement of having an appropriate regulatory framework conducive to the development of SIC: What matters most, the user must be some of the priority objectives pará legislators, buscande the balance that characterizes much of individual rights and social progress.

Author: LOPERA MESA GLORIA PATRICIA.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.

Summary: The main aim of the thesis is to develop a model argument applies to the control of constitutionality of the criminal laws with the help of the principle of proportionality. This is addressed in the first chapter, a description of the role played by the above principle in the constitutional argument. The second chapter examines the fundamentals that support the use of the principle of proportionality in the control of the constitutionality of laws, considering, among others, its insertion consistent within the model constitution own democratic constitutional state and its close relationship with a design conflicting of fundamental rights. In the third chapter explores the treatment has been given to the principle of proportionality in criminal law, stressing on the one hand, the main destinations for meaning associated with this concept (as proportionality of punishment and proportionality in the broad sense) and secondly The specific contents adopting subprincipios relevance, necessity and proportionality in the narrow sense when projected on the sector's management. In the fourth and fifth chapters are discussed in detail every step argumentativas which involves the application of the principle of proportionality, highlighting the particular problems posed by its application to the control of criminal laws and proposing approaches for their resolution. Finally, the sixth chapter, it reveals the low intensity with which is the constitutional control of the penal law in the constitutional jurisprudence Spanish and outlines the broad outlines of a model more demanding of constitutional control over this kind of intervention in fundamental rights.

Author: MARTÍ MÁRMOL JOSÉ LUIS.
Year: 2004.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE CIENCIAS POLÍTICAS Y SOCIALES.
Place of preparation: DEPARTAMENTO DE CIENCIAS POLÍTICAS Y SOCIALES.

Summary: The thesis presents a normative defense of a model of participatory and deliberative democracy, approaching the theoretical analysis of the flow of deliberative democracy. And is organized into four parts. The first part of the thesis, which consists of three chapters, is intended for the presentation and reconstruction of a general model of deliberative democracy and the description of its alternatives, as well as some of their major problems. The first chapter outlines the reasons for the emergence of this current contemporary as well as the main features of the model that advocates adding a reflection on the concept of regulative ideal. The second chapter reconstructs the model analyzed its main elements, with special emphasis on the structural principles of the process of democratic deliberation. Also included are two thoughts on two central problems for the model, the definition of the nation politically relevant interest and its relationship to the ideas of justice and the common good, and the problem of defining the concept of argument politically acceptable. Finally, the third chapter presents three main alternatives to contemporary deliberative democracy: democracy as a market, pluralist democracy and democracy agonist. And are analyzed and are also three of the objections that have been made against various authors deliberative democracy, based on any of these three theoretical alternatives. In the second part of the thesis, which consists of a single chapter, the fourth develops an analysis of the main question on the model of deliberative democracy: the design of the legitimacy of political decisions. The deliberative democracy essentially proposes a model of decision-making, and it stands as a model legitimate. In this fourth chapter reconstructs the philosophical underpinnings of this concept of legitimacy, as opposed to its main alternatives. And that model is proposed as a solution to a dilemma paradox inherent in modern thinking about the legitimacy of political decisions, a dilemma between legitimacy and procedural legitimacy of the content of those decisions. Linked to that analysis, we present the main justifications. In the third part, which consists of two chapters, discusses the relationship between theory and dela deliberative democracy theory to political representation. In Chapter 5 identifies two different models of deliberative democracy, not sufficiently emphasized by the literature: a model basically representative and participatory model basically. And relate these models with two modern theories of various political representation, classically represented by Edmund Burke and John Stuart Mill, respectively. In Chapter 6, it takes the issue of political styling trend implicit in some versions of deliberative democracy, and reasons are offered in defense of a participatory version of the same, linked to a republican vision of society and democracy. Finally, the fourth part of the thesis, consisting of chapter 7, poses some problems for the practical implementation of the theoretical model of deliberative democracy participatory. It discusses the main points of the institutional design which corresponds to the model, as the constitutional design, the structure of society, promoting partnerships secondary, and so on. It also reflects on the usefulness of some specific mechanisms such as new technologies, mechanisms of direct participation and deliberation, and so on.

Author: RESTREPO DOMINGUEZ MANUEL HUMBERTO.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The dissertation analyzes the present tensions between market rules and human rights in public policy, from a philosophical perspective and socially. It interprets what are mean and include human rights in public policy. The ways as they interact and mingle within a complex structure consisting of a nucleus on which they are political, public and human rights and an edge in that it is the content, programs and democratic governance. It interprets the concept, content and meaning of philosophical and social public policy, in terms of joint activities, processes and interactions among social subjects in the fields of political power and to address human rights as a symbol of emancipation with capacities of intervention in creating consensus for the construction of public policies. It interprets the subject, the way it was subjective in the social struggle and incorporates the care and compassion as a political basis. It analyzes the theoretical structure and behavior of the market and tensions with human rights by occupying the heart of public policy. It is based on the empirical evidence of Latin America.

Author: COLOMA CORREA RODRIGO.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: In the present work is a study of the factual arguments developed by the judges in their rulings, taken to an approach that exceeds that of the single validity of this (legal). That, as it is sensed that this approach would be close to full account of the structure and content factual statements, in the context of legal systems in which court decisions must be justified. In that sense, it emphasizes that judges must meet the expectations of a broad universe of individuals, whose opinion is important to the success or failure (fortune) (misfortune) of the language of the determination of the facts and who is not enough that the decision is guided to the minimun bounded on the legal rules in force. It is necessary, then, to explore acceptance criteria set forth developed not only in the context of the provisions in the legal systems, but also in other systems of justification to carry out the task of checking (proof) of speeches containing factual .

Author: REY PEREZ JOSE LUIS.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: This paper examines the crisis of the welfare state rather than as a financial crisis, but as a fractured model guarantees intended to give satisfaction to the social recognition which characterizes the welfare state. In this sense the welfare state would be a historic achievement of the welfare state. Over the years of development of welfare systems, the central institution was the right to work. Any law which was interpreted as the right to a job, because in those years employment served as collateral for recognition and social integration. This paper reinterprets the right to work as the right to social inclusion, based on a concept of working broader than what the market determines. Thus understood, full employment was the guarantee central welfare states the right to social integration, given a guarantee that the collapse of world we live in labor can no longer work. It is argued that it is necessary to distinguish between rights and duties, on the one hand, and its guarantees on the other. Understanding guarantees by the institutions that are striving to make real and effective content of rights. The guarantees would be chaired by then the idea of effectiveness, which is extracted from the content of rights. As the labor market no longer serves as a guarantee to the right to social integration, this paper analyzes the basic income (income from universal and unconditional proposed various theories and visions of social justice) as a possible new guarantee this right.

Author: BARROS FREITAS LUCIA.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The study has been divided into four chapters in which it has analyzed the status of women, linked to a culture of male identity that he considered as the prototype of mankind, in a framework of single interpretation of reality. Efforts have been made to decipher the possible causes of an ideology markedly sexist and operation of the social structure and the patriarchal system that is characterized by the power and control of men over women, taxes from the institutions, being therefore , a practice of domination and oppression and structure of violence. In addition, reference has been made to the Feminism that highlights the tensions and paradoxes that vindicaciones emancipatory raise in theoretical perspectives allegedly universalist, while you may perceive traps speeches illustrated, acting with a critical conscience can highlight contradictions such speeches. This has been the subject of structural and institutional violence against women, revealed through the patriarchal ideology, subtly shaped, universally accepted and reinforced by the customs, religion, politics, culture and law, what paradoxically makes it a perfectly legitimate and acceptable practice. The conclusion is that discrimination against women is practiced by the Company and by the government through the power of behavior, norms and their implementation and is a structural and institutional violence. The various forms of violence against women (social, labor, sexual, mental and moral) are a result of this structural and institutional violence. Feminist Theories have experimented a reformulation of the standard theories Human Rights with the objective of providing an adequate response to this problem.

Author: SOLTONOVICH ALEJANDRO GABRIEL.
Year: 2005.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The overall objective of this work is to empower the concepts of Democracy Rated Structural Damage and for the interpretation of different situations present in contemporary capitalism. It has ordered the case study of a democratic process specifically for the purpose of analyzing the articulation of the elements that define the concepts proposed. The study has been developed around a research combined with qualitative approach predominant, although attention has been on the quantitative aspects crucial to the description of the process under study. Given the nature of the concepts we opted for a strategy that brings together interdisciplinary sociological aspects of character with other legal and proper for the analysis of institutional elements, but for that to the social processes has been used a socio-economic approach, Depending on the quality of data obtained in the process of exploration. The result is, in general, a broad-spectrum approach that despite the inevitable challenges to the universalization of its contents, provides theoretical information relevant to the analysis of alternative universes of study.

Author: DURANGO ALVAREZ GERARDO ANTONIO.
Year: 2005.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The main interest that motivated this work was to venture into the analysis of the merits of fundamental rights from the theory of communicative action, of deliberative democracy and the reconstruction of modern law Habermas done since the principle discourse and discursive paradigm of the right. Similarly, for the role that he attributed to the demand for recognition intersubjetivo necessary in any society that wants to understand and resolve -abordar- conflict in a rational manner and agreed upon, and not in an arbitrary manner or using machinery only coercive and unreasonable limiting constantly rights of the weakest, ending with existing stifle little legitimacy. In this vein, the claim is to explore the connection between fundamental rights, public spaces formal and informal participation and a model of deliberative 'constitutional democracy' that Habermas sets from several of the assumptions and elements articulated his theory the communicative action and, more precise, its principle as search for discursive spaces comunicativo-normativos. Fundamental rights habermasiana theory presented in a double dimension are, in part, condition possibility of public spaces and democratic, otherwise, buildings or elaborations intersubjetivas subjects autonomous recognize each other free and equal in both authors of standards - that is, autolegisladores- and members of the legal community. This enables the exercise of autonomy private and public autonomy of individuals, as active members of the legal community, as it says Habermas, it is very difficult without democracy there is rule of law. The work has been divided into five chapters methodologically. The first is an introduction (R) in order to seek a rapprochement with the design on the principle discursive presents Habermas (II) and the objections put forward by some critics as McCarthy, Wellmer, Benhabib (III). Bearing in mind the criticisms and responses Habermas offers, it continues to analyze the theory of communicative action in order to regain communications with those elements which Facticidad approach and validity and hence the field of law and fundamental rights (IV ), which implies consider their merits in the application of the principle and impartial rational discourse and the democratic rule of law. This venture allows the analysis of the validity and legitimacy of discursive fundamental rights from the relationship mediated modern law autonomy between private / public (V), to culminate in the discursive paradigm of law and the democratic state of law (VI) . The second chapter deals with the relationship between the democratic principle and discursive paradigm of the right and from there, breaks down the categories of basic rights outlined by Habermas (I). He then conducted a detailed analysis of each of these categories with emphasis on the right to political participation with this, the author seeks emancipatory aspire to the ideal of a civil society increasingly universal and cosmopolitan, leading to launch a glance on the idea of cosmopolitan democracy in Habermas (A), which can not remove the issue inherent in the locus of democracies posnacionales as immigration (B). The discussion between the tenets contextualistas on collective rights, expounded by Ch. Taylor (II) and the response to Habermas offers, deals arises when the relationship between the subjective rights and political rights as well as potential weaknesses that can be found at the level of rights 8 sociale 1636 s economic and cultural systems developed by Habermas. The third chapter is intended to analyze how Habermas favored the justification and protection of rights, from the beginning of substantiation and resilience, discursive theory established by law and the implementation of policies in this case. This has to do specifically with the relationship tension is provided in the security and protection of rights among lawmakers and judges and citizen participation in the public sphere. It analyzes initially approaches the Constitutional Court and the public deliberation from the approach of B. Ackerman (I). The process then repeats the speech of substantiation and application of standards (II) by authors such as K. GÃ ¼ nther (A), R. Dworkin (B), R. Alexy (C). With these approaches is to highlight the discussion that Habermas established on the theory of "single right answer" and its relation to the fundamental rights (III). In this section arises again the relationship tension between the judge and legislator, now coupled with an element of entronque: citizen participation in the public sphere (A), which entails the construction of intersubjective standards through constitutional democracy deliberative (B). The fourth chapter has as its main objective approach to the concept of deliberative democracy, since some criticism of the representative model (I), and thence to analyze the proposal made by Habermas to first, in order to draw conclusions why deliberative democracy (A) supplementing representative democracy and in what respects. It also explores some theoretical concepts that delineate clear about deliberative democracy, as C. S Nino and Jon Elster, among others (B). The objective in any event is to see the contribution that deliberative democracy, as the foundation of constitutional democracy deliberative, it may pose to the fundamental rights and the mechanisms to guarantee (II). In the fifth and final chapter in a manner that seeks to address explaining the one hand, and the other to take up practical mechanisms offered by the principle of adequacy and rationale provided in the discursive principle as fundamental rights habermasiana in perspective. - This by way of introduction (R) -. With these elements, he seeks closer to the possible validity of the theoretical model discussed in this work, then pretend to analyze the constitutional democratic participatory registered with the Colombian Constitution of 91 (II) with a view to examining the potential strengths or Both theoretical and practical shortcomings and its realization in practice social where they are validated (III). This enabled a detailed analysis of citizen participation mechanisms developed by Act 134 of 1994, known as Statutory Law on citizen participation (IV). This addresses the mecansmos envisaged by the 1991 Constitution, such as the popular legislative initiative (A), the popular consultation (B), (C) the referendum, plebisciti (D), the Cabildo open (E) and the revocation the mandate. The application of the principle prima facie discursive and their possible introduction to the democratic institutional and legal field, the fundamental rights, communicative spaces, must analyze the feasibility, strength or inapplicability theoretical model that offers possible contextualization. For this reason the research was intended to culminate with a concrete model of democratic participation popular as conducted by the constituent democratic Regional Municipality of Tarsus (V). Sustainability at the time of this participatory model and its manifestation in other democratic spaces Colombians, can check the validity or invalidity of proposals such as those developed in this work. The challenge then is how to be able to apply, analyze, reflect and theoretical issues in sizing these conflicting realities and complex as Colombia, where conditions to adapt this model are minimal and impractical for many. While Therein lies its difficulty, there is also the strength to rethink and rebuild as well as those minimal democratic participatory mechanisms, such as real spaces to legitimize and sizing democratic principles and constitutional plural where intersectar the multiple and disparate conflicts ( III). These are among others, the reasons that led to analyze the theory and discursive habermasiana possible patterns that it can provide the political reality, democratic and legal Colombian, especially for the mechanisms for citizen participation and its relational approach to the principle discursive posted by Habermas and developed in the first chapter of this work.

Author: RIVAS GARCÍA FEDERICO MIGUEL.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNED.

Summary: The genesis of the concept of Justice must not only be planteársela from the point of view of philosophy, its history and that of religion, but to use other sciences to help explain it; without disdain proposals historical, thinking back to what it was the philosophy at the beginning: a scientific reflection on the nature and the causes of the existence of the universe, man and society. The customs, morals or ethos (mean the same thing) lead to the concept of justice, to seek to proceed in straight society, demand is justice. Fixing customs or ethos leads to the law which is the way the "right" to justice, by the moral codes which are written and some become holy books. Among the first Homo Habilis due conceived some sense of justice for the distribution of food (especially hunting) and to deal with the frequency of disappointment in the social strategies, it was imperative to win more friends winless more enemies. The division, altruism and reciprocity explain the relationship between custom, morals, ethics, law and justice or fairness. " The culture is important in altruism and behaviors whose foundation is the custom in the sense that they are fair. The customs, giving awards and impose sanctions, according to a particular method of assessment and justice mean that groups evolve in a different way. The ability to establish human cultures launches an evolutionary process that operates at the level of individuals and groups. The concept of justice has human origin. There is no revelation, nor omnipotent power that we have said, nor any natural right intraconstruido in the human soul for a Creator, but belongs to the world of the values, ideas, its genesis has been initiated with the customs, is a creation culturally, the autoprogramación of our human species. The humans are a product of ourselves, for the most part, and the rest of chance and, from there, the need to reproducirnos. We started the genesis and development of the concept of justice, with the repetition of simple movements or actions, which led us to practice, which allowed acquisition of technical, which resulted in fewer errors; repetition also occurred in acts or conduct complex , which produced customs and when such repetition was sufficiently continuous and lasted from father to son, produced ingrained habits, which came to be part of the culture. The acts performed as usual, seem made in the best possible way. The primitive human groups realized the advantage of repeat behavior, which allowed better addressing the needs, and as a result, individual survival. The customs were expected behavior, fair and useful. The origin of the virtues and goodness, the reason for cooperation, for the institution of marriage, for the genesis of justice, many of the legal concepts and all virtues, has been the utility, the virtue rewarded, correct works, it is the goodness in the individual and collective success, cooperation allows all gain, therefore, the rules of the antigà ¼ age who persist allowed to succeed, not just evolutionary but staff, the draft everyone individually considered .

Author: IANNO MATTEO.
Year: 2005.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: With this research doctoral have seen fit to make a study of the figure of Count Richard Coudenhove-Kalergi, trying to extract their proposals essential points that still maintain its effectiveness and that may represent a point of reference in the formation of the current Europe , trying to demonstrate, through a comparison of his work with the current situation, the relevance of his thought. Coudenhove-Kalergi perhaps little known by the general public and sometimes even ignored, but specific player and inspiring that movement's European stated in the period between the wars and thus seems to be recognized by most experts, through his masterpiece "Paneuropa "represents, in our opinion, a cornerstone of which often have inspired the actions of politicians and heads of state due to the construction of a Europe united, caring and aware of their identity. We have tried to synthesize thought coudenhoviana sistematizándolo and placing it at the time, since today may be important and interesting to know his life and work to be able to draw from their experience grounds for reflection. The conclusions that we have reached, have enabled us to conclude that the doctrine and morality Europeanists of Coudenhove-Kalergi are a valid tool for the study of the phenomenon of socio-political and economic and financial integration of our continent.

Author: LEAL FAGUNDES NEVES JULIANA.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The primary objective of this research is to conduct a critical review of Economic Analysis of Law from its origins to its latest development, offering a perspective crítico-valorativa of its most controversial aspects that have attracted most of the discussions between lawyers and economists and emphasized above all the question of submission to the values of justice and fairness to the criteria of efficiency and economic rationality. To achieve its goal, it was initially introduced the two-essential coordinates the legal and economic context which determine the origin and development of the Economic Analysis of Law. Then, the study of the work of ACPIGOU allows us to conceptualizing as something more than a simple recedentes, due to the fact that the author managed to raise, since the decade of 1920, a series of criticism and praise that prompted the emergence the first studies on the subject, which has since became known as Economic Analysis of Law. However, this work published by Ronald COASE, Guido CALABRESI and Armen CLACHIAN, did not see the light until the beginning of the decade of 1960, a period that is attributed to the effective creation of this school of thought. Hence the need for further study of the contributions of these three authors, as well as the currents of thought headed by each of them: Chicago School flow liberal-reformista and the doctrine of property rights, respectively. The consolidation of Economic Analysis of Law, however, only be achieved with the complete works of Richard POSNER the early seventies, the work that far exceeds the efforts of all his predecessors. Because of this review when POSNER in its various editions, outlining its goals, noting their achievements and to present its plan to implement economic analysis, not only to all branches of law, understood both camps in its American version. The study further development of Economic Analysis of Law, in turn, is made from a special selection, taking samples as the most significant doctrinal valuable contributions by Gary Becker, NORTH Douglass and Roger Miller, in addition to the works of A. Mitchell POLINSKY, as a supplement.

Author: MEDINA ÁVILA BLAS.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO. UNED.

Summary: The work exposes, through the examination of the main themes addressed at prominent political works Castille, assigned to the current literary mirrors known as princes, and belonging to the centuries XIII-XV, the conception of politics that John Mena shows in its " Labyrinth of Fortune, "his vision on the straight and legitimate regime that cares for the preservation of the republic: the monarchy. In the maze, allegorical work, educational, narrative, moral, political and heroic, it contains one of the most significadas apologetics on the monarchy, as embodied in the figure of John regia II and his private Alvaro de Luna, a great propaganda knows take traditional concepts and common examples for application to a specific historical situation and determined, marked by civil wars and the questioning of the trend of the monarchy to appear as a single power, and all over a vast territory and subject to a single law that unknown privileges. To that end, the Labyrinth of Fortune makes John II in guide, capitaneando with strong rowing (condestable) the ship of the republic (Castile) to the safe harbor of holy war and unity in the faith. And will the idea of Spain-procomunal- and the proper exercise of the virtues (the real property of men), to be imposed, valued and ensalzadas, which determine the order and the social hierarchies and legitimize monarchy and John II. Moreover, the curial Mena, after designing absolute power, the same ideological, and is becoming wise counselor, in line with the monarch, who provides, through a catalog doctrinal cherries, his voice, which is the egregios of lawyers, members of the nobility school openly opposed to the noble warrior, therefore making the most estates as philosophers with his advice that the princes with weapons.