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546,196 artículos
Año:
2020
ISSN:
2452-4344
Marmolejo Cervantes, Miguel Angel
Facultad de Derecho de la Pontificia Universidad Católica de Chile
Resumen
Constitutional reforms in areas of economic competition, telecommunications and energy led profound changes in traditional legal paradigms. One of them is the principle of division of powers, which is now regulated through the theory of the Regulatory State, whose creation obeys in terms of the jurisprudence issued by the Mexican Supreme Court of Justice. In the economic competition and telecommunications constitutional reform a model of specialized jurisdiction was implemented, although it was not for the case of the 2013 energy reform. However, the specialized jurisdiction model is applied in energy matters, for certain specific cases and by analogy, to resolve disputes derived from regulation issued by regulators. A symbiotic relationship is identified between technical discretionary and judicial deference. For this reason, there must be a balance of power between regulatory bodies and specialized Courts.
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Año:
2020
ISSN:
2452-4344
Beltrán Román, Víctor Guillermo; Preminger Samet, David
Facultad de Derecho de la Pontificia Universidad Católica de Chile
Resumen
Although the use of artificial intelligence and new technologies seems to be far away from the scope of the law, evidence from other countries shows that it has already been applied to different aspects of the law, such as the criminal justice system in all its stages and institutions. Based on the comparative experience, this essay seeks to address potential issues regarding the use of artificial intelligence in the criminal justice system under Chilean law.
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Año:
2020
ISSN:
2452-4344
Femenias S., Jorge A.
Facultad de Derecho de la Pontificia Universidad Católica de Chile
Resumen
As the reader will have noticed, the special issue that we offer today contains the contributions of prominent European scholars, who addressed various topics of administrative law to highlight problems that were sometimes already resolved in comparative law, but that are now fully valid and present in our right. As Bello expressed in a sentence almost two hundred years ago: “There is an advantage in being able to take advantage of the work of other nations illustrated by science and long experience.” We hope that you enjoy reading each work as much as we have, and that in the different pages you can find solutions to the many varied problems that the practice of legal science exhibits. As Cardinal Newman stated, “true intellectual enrichment is being able to see many things at once as a whole, assigning them their true place in a complex system, granting them their respective values, and determining their mutual dependence. This integrity of knowledge is what constitutes intellectual perfection.”
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Año:
2020
ISSN:
2452-4344
García García, Sara
Facultad de Derecho de la Pontificia Universidad Católica de Chile
Resumen
Conservation easement has emerged in the Anglo-Saxon world as a new and effective legal mechanism for nature conservation based on environmental services. In this paper, we analyze the derecho real de conservación, it's Latin American version. This derecho real is having a great development as an effective technique for environmental protection, according to concrete experiences. The objective is to analyze if we are really facing a new derecho real, based on the modern concept of environmental services, or if, on the contrary, it is another kind of technique which requires another type of reglamentation.
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Año:
2020
ISSN:
2452-4344
Celume, Tatiana; Desmadryl, Matías; Alburquenque, Winston; Cea Egaña, José Luis; Carcelén, Jerónimo
Facultad de Derecho de la Pontificia Universidad Católica de Chile
Resumen
This text is an edited version of the conversation held by some of the members of the journals's editorial team with Professor Tatiana Celume and Professors Matías Desmadryl and Winston Alburquenque, who officiated as moderator. The conversation was held on August 22, 2019 at the LLM UC Master’s premises.
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Año:
2020
ISSN:
2604-7551
Colman, Felicity
Universitat de Barcelona
Resumen
Feminist activism aims to work to change the inequitable structures of the world. But feminists themselves get bound up in actions and intentions that are tied to their large object of critique (the patriarchy, the planet, the media, the canon, etc), and the micropolitics of the subjects constituting and constituted by those objects can be swept up in humanistic rhetorical gestures and words. How can we teach the modalities and the genealogy of feminist actions that offer tools for everyday living and for a community practice, and which also offer some ways to engage with the affective matter of the world from a posthumanist perspective, and thereby work to shift cultural attitudes? In addition to the valuable work done by those that tirelessly figure methods of communicating social inequities, the work of research led feminist informed teaching and governance can not only excavate the histories of social, political, speciesist, and biological inequities, but also offer a critique of these positions by the terms of their epistemological construction, and provide different modalities of practice. This article focuses on the latter, discussing how we might design curriculum and engage a pedagogy of recognition for a feminist modal ethics. How modes of feminist new materialist practice take the questions of affect, and agency, to enable ethical political practices is a pressing concern for many communities concerned with generating a planetary ethics. How new materialist methodology is useful for thinking the vernacular political reality was the topic of an intensive discussion and debate that took place in November 2017 in Barcelona. Taking an example of the concrete work undertaken by Barcelona Councillor Gala Pin in relation to the neighbourhood ofCiutat Vella,the article proposes that we explore and extend the genealogy of a feminist modal logics.
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Año:
2020
ISSN:
2604-7551
Juelskjær, Malou
Universitat de Barcelona
Resumen
This paper considers how feminist new materialist thinking may offer a resource for re-orienting pedagogy and didactics in light of pressing global issues. In this respect, the paper applies feminist new materialist thinking in a somewhat normative agenda. However, pedagogy and didactics are always already normative, or are engaged in practices that play a role in as well doing ‘business as usual’ or in assisting in opening up to various, yet more un-usual ways of relating and being of the world. Pedagogy is a worlding practice, specifically, as it facilitates ways of relating, thinking, sensing, acting, and is involved in the shaping of a ’collective intelligence’. I argue that one fruitful approach may be to focus on entanglements and affects and on finding ways of facilitating a sensing living/being of such entanglements. The paper concludes by introducing affective geology to suggest possible steps towards a transformation of our ways of knowing, sensing, and relating.
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Año:
2020
ISSN:
2604-7551
Palmer, Helen; Revelles-Benavente, Beatriz
Universitat de Barcelona
Resumen
This article provides a context for the section “Creating Language and Theorizing Literature”. The editors of the section discuss both contemporary and historicalarticulations of the materiality of language from a new materialist perspective. The new materialist project comprises looking for the immanence of language via three realms: its relation, its theorization, and its creation. Therefore, moving away from representationalist practices demands a definition of language as animate, sensory material requiring creative labour for its realisation. The article provides an example of this materialization of language, via the concept of bodywording.
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Año:
2020
ISSN:
2604-7551
Cielemęcka, Olga; Rogowska-Stangret, Monika; Bhambra, Gurminder K.; Pető, Andrea; Loyer, Jessie; Ivancheva, Mariya; Hlín Halldórsdóttir, Nanna
Universitat de Barcelona
Resumen
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