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546,196 artículos

Año: 2022
ISSN: 2254-6243, 0211-4526
Leticia Cabrera-Caro
Servicio de Publicaciones de la Universidad de Navarra
In recent years we have witnessed the emergence of new rights that affect such essential human rights as life and physical integrity. Examples of this can be seen in the current regulation of abortion, the attempts to regulate surrogate pregnancy or the recently approved right to euthanasia in Spain. These rights arise under laws that recognise the validity of express, informed and free consent to renounce physical integrity, the life of the unborn child or life itself. However, there are certain goods inherent to human dignity which cannot be disposed of in favour of third parties, even with the consent of their owner. Therefore, we must conclude that the simple individual will, expressed through informed consent, or the collective will, expressed in the text of a law, is not enough to constitute a right when it affects certain very personal property. This paper is a brief critique of the Organic Law regulating euthanasia from the thesis of the recently deceased Professor Javier Hervada, trying to distinguish between the concepts of euthanasia and death with dignity.  
Año: 2022
ISSN: 2254-6243, 0211-4526
Raúl Madrid
Servicio de Publicaciones de la Universidad de Navarra
The objective of this paper is to analyze some dimensions of the general Hervadian principle that nature as essence is both the principle of action of the human being and its own purpose. To this effect, the first part of the paper is intended to glean the main meanings of nature in the classical world, and how it joins the idea of finality in Aristotle; and then in medieval thought represented by Aquinas. The second part, from the affirmation that nature is a measure of order and proportion, briefly develops four aspects of the problem in the context of the work of the great jurist of the University of Navarra. These aspects are: (a) empirical nature and nature as ratio; (b) nature as a measure of order and conduct; (c) nature and universal order (immanence and transcendence, and (d) finality in the world to come (a new civilization).
Año: 2022
ISSN: 2254-6243, 0211-4526
Pedro Serna
Servicio de Publicaciones de la Universidad de Navarra
This paper describes and critically analyses the process of formation of J. Hervada’s thought on the essence and ground of law. Hervada’s work constitutes, from its beginnings as a canonist, an endeavour to determine the nature of the juridical and, in connection with it, to deal with the question of the radical foundations of law which he places on the condition of a person proper to the human being and in his or her dignity. This perspective allows to confront in a satisfactory way some nuclear questions of the theory and philosophy of law that continue to be controversial to the present days: the relationship between justice and law or, more broadly, between law and morality, the question of natural law and its insertion in the legal system, the critique of legal positivism, etc.
Año: 2022
ISSN: 2254-6243, 0211-4526
Andrés Ollero
Servicio de Publicaciones de la Universidad de Navarra
The Autor, in honor of Professor Javier Hervada and in light of a new doctoral thesis on John Finnis, defended recently at the University of Navarra, begins by making the distinction between law and morality to analyse the relationship between iusnaturalism and lex naturalis, wich encompasses not only content based on law but also based on morality
Año: 2022
ISSN: 2254-6243, 0211-4526
Paloma Durán-y-Lalaguna
Servicio de Publicaciones de la Universidad de Navarra
The purpose of this paper is to try to decipher the meaning of the human condition, as a presupposition of all social organization, taking into account the profile of today’s society. The debate that Hervada raised between natural and positive law has been argued by different authors in very varied terms and the question about the foundation of the legal norm is still valid. The purpose of this paper is not to compare Hervada’s work with that of other authors, but rather, in homage to him, to try to delve into the narrative that could justify legal norms. In this sense, the article seeks to analyze first of all, the terms of definition of the human condition; and subsequently to situate it in a context of society influenced and conditioned by big data and by the so-called surveillance capitalism. The goal is ambitious, but having a snapshot of the situation can help to build the narrative with which to respond to the articulation of the human condition in a specific political and social context, such as this first part of the twenty-first century.  
Año: 2022
ISSN: 2340-8790, 0019-977X
Delgado Ruiz-Gallardón, Isabela; Rodríguez i Salleras, Joan
Ministerio de Industria, Comercio y Turismo. Secretaría de Estado de Comercio
The fintech ecosystem has received a significant boost in recent years, both at an international and national level. However, its development has been and continues to be limited by two major challenges: regulatory barriers and access to capital. To address both challenges, regulators around the world have adopted different measures, among which the financial sandbox stands out. Throughout this article, we analyze the evolution of the Spanish fintech ecosystem and the introduction and impact of the financial sandbox, paying special attention to its effects on the aforementioned challenges.
Año: 2022
ISSN: 2079-0139, 2071-9841
Varona-Álvarez, Lázaro Marcos
Museo Nacional de Historia Natural “Prof. Eugenio de Jesús Marcano”
Based on a field trip, from June 11 to 17, 2019, study of three publications and review of entomological collections (Lepidoptera) of the National Museum of Natural History of Cuba and the Institute of Ecology and Systematics, a checklist is presented of the butterflies from sector Cupeyal del Norte, Alejandro de Humboldt National Park, Holguín-Guantánamo, Cuba. More than 30 years have passed since the last was published. In the present study, the list of 74 species is published, grouped in 52 genera, five families (except Riodinidae) and 17 subfamilies. From the total of registered species, 65 (87.83 %) were observed and only 9 (12.16 %) were collected in different locations during the visit in June 2019. Thirty-one endemic species of Cuba are identified, of which five are exclusive endemic to Nipe-Sagua-Baracoa. Ten species constitute new locality records, and the known distribution forthe Cupeyal del Norte sector is also extended.
Año: 2022
ISSN: 2448-6558, 0185-0121
Ortiz García, Carmen
El Colegio de México
Ramón Menéndez Pidal’s research trip to Cuba in 1937 is analyzed in the context of the history of Cuban folklore. Light is shed on his relations with the Cuban diplomat and writer José María Chacón y Calvo and on their efforts to maintain a continuous intellectual dialogue between Cuba and Spain through the Institución Hispano-Cubana de Cultura. The exile in which Menéndez Pidal was forced to live after the outbreak of the Spanish Civil War, together with his interest in pursuing his research projects, especially on the American Romancero, are the two main aspects of this article, which also attempts to underline how work on the Romancero in Cuba was continued by Carolina Poncet and her disciples.
Año: 2022
ISSN: 2448-6558, 0185-0121
Silvestre Miralles, Alicia
El Colegio de México
Juan Eduardo Cirlot (1916-1973) wrote verse which is apparently agrammatical on the syntactic level. With the goal of broadening our understanding of the phenomenon of agrammaticality in poetry, we study the nature of the variations and violations of grammatical logic in some of his poems, in the light of generativist poetics. We hope to demonstrate that beneath the apparent agrammaticality lies an internal order (taxis) loaded with meaning thanks to the author's intra-references, and that all this is in line with Jackobson’s indications concerning the poetic function.

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