Thursday, October 14, 2010
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Tuesday, October 12, 2010
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is perceived in recent times a kind of explosion of symposia, workshops and conferences aimed at "young" professors of law. I know there are those meetings at least in disciplines such as constitutional law, administrative and international public. In some of them, even alluded to in the same call that the activity is intended only to "young teachers" doing, however, allude to how old are required to have up to meet the bases of the event. Indeed it is common to make some jokes when they get these calls especially for those with indeterminate or conflicting ages typecasting.
The success of these meetings, I think, is given for several reasons:
1. In the first place and I think this is the most common reason for appeal, there is a kind of consciousness in the young lawyers that the more experienced do not give the necessary space in which to air their concerns. In some ways this argument reveals a kind of dissatisfaction with the way the old meetings have reacted to the newcomers the banquet of science. In some cases, this dissatisfaction has taken the form of a divorce between parents and children academics while in others it is just a sort of club of friends that way.
2. Secondly, I tend to think that young people feel freer in those forums. In fact, when there is peer more equitable supply of weapons of argument that when faced with major legal. The amount of information and complexity of it is similar in people with the same or nearby years. The discussion of past scenarios or apprehended experience is not a comfortable spot for those just beginning the art of argument legal.
3. It is also a fact the case, moreover, that the more elderly lawyers are not much given to support horizontal discussions. Vertical schemes in which they lived and grew up not very resistant to argumentative conflict dynamics in which the weight of reason alone which should prevail. Add to that that, especially in our country, the complexity of the academic discourse is usually added descriptions or circumstances that purport to draw easy laughter of the audience, insult the opponent or raise disputes fictitious. Nothing is further from where a courtesy former nefarious plot was simply described as "unfortunate."
4. A sociological argument could also enter the fray. The generation of diverse groups delivers the establishment unit to a group of interests and strengthens the positions of face-to-transactions and disputes with the power groups. The lives of young people under the wing of the parents is always more difficult when it comes to access to power is concerned. The division, as in many of the policy scenarios, it is a good tool to build new centers of influence.
I appreciate these new forums. Many of them are tremendously interesting and challenging. However, I tend to think that this kind of division is detrimental to the long scientific dialogue. Young people have a tendency to construct rational arguments static, ie that are constructed as elements of an absolute and timeless discussion. The more experienced can add to it the way these arguments have worked in reality or the precise contexts in which they were developed, all of which can only be integrated in samples of pure rationality.
The elderly jurists, however, also gain a lot by listening to young learners as those new approaches that may be lost in the ocean current information are brought to the negotiating table discussion refreshing old and showing the new concerns of the generations that approach.
Approaches between old and new lawyers are not naturally free of complication. While some have to leave the comfort of speaking with code-sharing, others will detach from the seat of the superiority of many years of study. If both groups understand themselves as mere beings who reason at precise historical moments, the weight of argument only able to recover his throne, thus forgetting if you pronounce it more or less gray than it receives.
Tuesday, October 5, 2010
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Thus, otherness Appears Whenever, It Must Be Persuaded Back Into Either full sameness summarily liquidated or else as evil. Despit all the rhetoric about Openness through 'undistorted communication' and interminable dialogue, discussions and participation in Deliberations is conditional on the prior Concerning Acceptance of unchallengeable rules of formal rationality and mode of discourse Which Automatically exclude All but Those Intellectuals and Professionals Fully Initiated Into the prevailing jargon.
Monday, October 4, 2010
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- Molins
Secretary
Montserrat Neighborhood Association
Bonanova
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Despite the holiday life has run its course with some unfortunate events. The death of the young Alexander in the Pineapple shows the crudest and most heartbreaking face of reality and forces us to review all of society we are creating, if it were in our power to modify its most terrible. Our sincere condolences to his family.
Although far away from this horrible crime, other events also speak of a lack of morality and ethics at City Hall: the results of the recently finished the official opposition, which have obtained a place in-law of the City Architect and two municipal employees linked to the PP who had been working several years with a contract to finger, and now have secured their future in these times difficult.
Hard times have forced a local government that has borrowed up to their eyeballs to their neighbors, to reduce costs in the September celebrations undoubtedly the worst in the last 15 years because they have only did was put the scissors to the usual festivities, instead of working on an alternative design that offered spend the neighbors and at the same time, the required fiscal adjustment.
What suffered no cut was the "strange and incomprehensible" twinning with the Hungarian city of Gödöllö , municipality respecting but not united us almost nothing before the Mayor decided to join together and send a legion of representatives to show our culture, or something similar. The PIVV ask at the next full cost of that trip, although Mr. Moreno hides increasingly information.
do not know if the wild rise in many suffer IBI will help solve the economic problems of the consistory , reaching its maximum expression in unpaid bills to the company that took over cleaning services in 2009, which owed more than 25 million euros, with no expectation of being able to meet the payment . It is even possible that you read these lines the company has decided to leave FCC Valdemoro unable to keep pumping money to keep the service itself.
Valdemoro from your window ... SUFFER THE WORKS
near the end of the legislature and build up the works, 3 years doing nothing and now suffer from stroke the arrangement of 2 keys to the streets municipality, and all this without having done BEFORE the promised park and ride Walk in the Slaughterhouse. Is that logical? Apart from the inconveniences that arise, questions remain about the consequences and the outcome of the works, which neighbors we could not say because there has been public exposure of the project, another example of how to govern Mr. Moreno, always back to the public. So we ask: Is it necessary
more than 10 trees felled emblematic Elola Star? Is not it possible to widen the sidewalks and remove the light poles in the initial section of St. Vincent de Paul to improve accessibility? Where neighbors parked their cars in the future?
Friday, October 1, 2010
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blog In environmental law center we learned of the ruling in the lawsuit brought by the Treasury against Candelaria Forestry SA and Rio Puelo Piedras Moras Company SA (Supreme Court, August 31, 2010, Docket 5027-2008). This is a case in which sentence to a couple of companies to compensate for damages resulting from environmental damage posed by the exploitation of protected tree species. Specifically, a forest clearing, contract authorized by the owner, a significant number of larch which estimates a rate of three meters in diameter could be about 3000 years. Larch ( Fitzroya cupressoides) is a rare species, typical of northern Patagonia, whose exploitation is prohibited in Chile for having the status of "natural monument", he was assigned as the rules of the Washington Convention for the protection of flora, fauna and natural scenic beauty of the Americas. Under the Convention, the natural monuments is given "absolute protection", preventing their exploitation. Decree 490 of 1976, which made the score of natural monument, commands have the "inviolable and Prohibits cutting and destruction of Larch, unless authorized, qualified and informed" of the Conaf.
So far, the face, "disputed" by the Washington Convention was known for allowing the compensation of forest companies, pursuant to its rules, had been deprived of the possibility of exploiting certain forest species. Araucaria araucana, in particular, has given rise to very important decisions on this, from Galletué jurisprudence (Supreme Court, August 7, 1984), which is roughly equivalent to the case La Fleurette in French law. In Galletué, ruling that dates from mid 1980, the Supreme Court ruled that it was right in equity compensation to a community of the Araucaria forest owners, pursuant to a decree which described this species as a natural monument, is were deprived of the opportunity to practice economic activity (involving the exploitation of these trees.) The interpretation of the law Galletué has been arduous. There were those who wanted to justify the value that the Chilean Constitution assigns the right to property, in fact, the best known result of this case, the sentence handed down in the case Lolco (Court of Appeals of Santiago, November 21 2003, uncensored by the Supreme Court, December 30, 2004), used in various paragraphs in the value of the property to explain why in this case would have led to property owners affected by the prohibition of exploitation and unusual damage particular, as required in case law to accommodate the Fleurette-compensation. The sentence
Puelo denies that the property is a concept crucial to understanding this case. The Treasury had exercised an environmental action, aimed not only to repair the damaged environment but in addition to compensation for damages caused by the exploitation of a species should remain intact. As expected, the defendants were defended by arguing that there was no harm, since the operation had involved the young of species of private property of its owner. This argument, which persuaded the Court of Appeals rejected by the Supreme Court on the basis of the logic of this responsibility is built around the idea of \u200b\u200benvironmental damage . For the Court, "the final and irreparable loss of 25 individuals of the species 'larch', protected as natural monument by the State of Chile, representing a decrease of biomass or biodiversity ..., which forms the environmental heritage of the Nation, which obviously is a damage which would allow the State to pursue compensation (cons. 17). The Court thus makes clear that the notion of harm can not be reduced to the mere existence of a property right affected.
Interestingly, the how the Supreme Court sees the effects of the declaration of a plant species as a natural monument. "It amounts to putting the species in permanent ban," said the Court, because the statement carries an inviolability or absolute protection, under which no member of the species, wherever you are, you can be involved in any way for any purpose except for scientific research (cons. 15). Then, when it was declared a natural monument species as it is subtracted from the legal trade (becomes something incomerciable).
At this point, the statement is also relevant in a dimension outside the award: to accept that in themselves operational restrictions or exploitation of certain goods be constitutive of an injury, how to quantify? The early failure Abalos (Supreme Court, December 10, 1889) and aimed at precisely on a similar circumstance, as to determine the value of sandiales destroyed (destruction in this case sought to prevent the spread of a cholera epidemic lashed to the province of Aconcagua), beyond the technical rigor associated with the opinion of experts, the Supreme Court requires that should be addressed to "benefit their owners could report them, taking into account the circumstances have been Spendius forbidden fruit to its March 8, 1887. " As can be seen, it is very difficult to value the "damage" allegedly caused an act allegedly causing the incomerciabilidad of a thing, since the thing itself is worthless, it is counterintuitive that the damage would lead to the loss of value thing.
seems that if it were necessary to identify relevant injury for purposes of liability, it would be rather than on the object to be marketed suppresses the effect that this entails in the person of its owner. Notwithstanding the need for further analysis of this question, I venture to think that this effect to some extent equivalent to a special disability enjoyment. The measure reduces a significant proportion of the personality attributes of those who have some ownership of the object become incomerciable. My impression is that Galletué failure, unlike what happened in the decision-Lolco these concepts are properly understood, to the extent that the damage was not as individual property loss of trees but rather as the loss of turn of a business unit that served only to the exploitation of Araucaria. Now if this analysis is displayed correctly, by its nature this subject would be closer to moral damages another thing, which should also have an impact on their way to recovery.