scholarly journals A RATIONALE DOS POSICIONAMENTOS ACERCA DAS COTAS: UM LEVANTAMENTO TEÓRICO E EMPÍRICO DE ESTUDOS BRASILEIROS NO SÉCULO XXI

polemica ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 054-071
Author(s):  
Thamiris Marques ◽  
Álvaro Rafael Santana Peixoto ◽  
Rafael Pecly Wolter

Resumo: Este artigo propõe uma discussão acerca dos posicionamentos relativos às cotas. Foi realizada uma revisão de literatura com a finalidade de levantar argumentos favoráveis e contrários às cotas, oriundos de estudos de quatro áreas das Ciências Humanas (psicologia social, antropologia, sociologia e educação) realizados no Brasil a partir dos anos 2000 com enfoque no posicionamento de estudantes universitários. Constatou-se que os argumentos desfavoráveis ao sistema de reserva de vagas estão calcados, principalmente, em problemas decorrentes da vigência da medida, enquanto nos argumentos favoráveis encontram-se a eficácia das cotas e sua finalidade de reparo histórico-social. Foram levantadas possíveis causas que levam grupos de pessoas a se posicionar em relação às cotas: a primeira causa está relacionada com as experiências individuais prévias, que ocorrem quando o fato de conviver ou presenciar discriminação em relação a minorias marca os indivíduos e faz com que possuam posicionamento favorável ou contrário acerca do tema; a segunda causa corresponde ao direito ao benefício, já que o fato do sujeito poder ou não se beneficiar das cotas traria uma influência no posicionamento que tem da medida. A terceira causa seria a proximidade com os cotistas, que corresponde à aproximação do sujeito com pessoas do círculo pessoal que são cotistas; a quarta causa seria a homologia estrutural, de modo que a posição que se ocupa na estrutura da sociedade influencia diretamente no julgamento de objetos e suas relações com indivíduos de outra posição na estrutura. A quinta causa é a Ideologia, onde representações ideologicamente marcadas (acerca da justiça, igualdade, mérito) influenciariam no posicionamento acerca das cotas. Portanto, os posicionamentos não ocorrem apenas de forma individual e se sustentariam também a partir de causas psicossociais.Palavras-chave: Cotas. Atitude. Pensamento social. Universitários.Abstract: This article proposes a discussion about the positions about quotas. A review of the literature was realized with the purpose of raising arguments favorable and against quotas, from studies in four areas of the Human Sciences (social psychology, anthropology, sociology and education) published in Brazil from the 2000s with a focus on the positioning of college students. are mainly based on problems arising from the difficulty of allocating quotas, while the favorable arguments are the effectiveness of quotas and their purpose of historical and social repair. Possible causes that lead groups of people to position themselves in relation to quotas have been verified: the first cause is related to the previous individual experiences, which occur when the fact of living or witnessing discrimination in relation to minorities marks the individuals and makes them be favorable or against the subject; the second cause corresponds to the right to the benefit, since the fact that the subject may or may not benefit from quotas would have an influence on the position of the measure. The third cause would be proximity to the quota students, which corresponds to the approximation of the subject with people in the personal circle who are quota students; the fourth cause would be structural homology, so that the position that a group occupies in the structure of society directly influences the judgment of objects and their relations with individuals of another position in the structure. The fifth cause is Ideology, where ideologically marked representations (about justice, equality, merit) would influence the positioning of dimensions. Therefore, the positioning does not only occur individually and would also be sustained from psychosocial causes.Keywords: Quotas. Attitude. Social thought. College students

Author(s):  
Stannard John E ◽  
Capper David

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.


2021 ◽  
Vol 93 (2) ◽  
pp. 45-56
Author(s):  
Elżbieta Zagórska ◽  
Łukasz Makowski

The aim of this article is to present spectacular examples of reclamation and development of post-industrial sites, carried out in Poland in the 1920s and 1950s, with emphasis on their recreational function. Examples include a park built between 1889 and 1920 by Wojciech Bednarski in the valley of the former quarry in Podgórze, now the right-bank district of Krakow, and “General Jerzy Ziętek Provincial Park of Culture and Recreation”, now called “the Silesia Park”, created in the 1950s on degraded post-industrial land located within the borders of three cities: Chorzów, Katowice and Siemianowice Śląskie. Both parks are examples of reclaiming brownfield sites for recreational use in order to create attractive leisure spaces. They have become a model and point of reference for other park planning projects in Poland. Their spatial and functional design is exceptionally timeless. The study is mainly based on a review of the literature of the subject.


Author(s):  
Stephen Gardbaum

This chapter describes the structural elements or components of a free speech right. The nature and extent of a free speech right depends upon a number of legal components. The first is the legal source of the right (in common law, statute, or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded. The second component is the ‘subject’ of free speech rights, or who are the rights-holders: citizens, natural or legal persons. The third is the ‘scope’ of a free speech right, while the fourth is the kind of obligation it imposes on others: a negative prohibition or a positive obligation. The fifth component is the ‘object’ of a free speech right: who is bound to respect a right of freedom of expression and against whom the right may be asserted. Finally, there is the ‘limitation’ of a free speech right.


Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.


2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Juan F. Franck

The paper has been written from a philosophical perspective and triggered by the recurrent discussions in psychology about the most suitable methods to study our multifaceted subjectivity. Its main point is that a phenomenological understanding of the human person provides a robust and also flexible philosophical framework for psychology. The first part discusses three classical distinctions –individual/general; explaining/understanding; induction/interpretation– which, in spite of possible deficiencies, are useful to illustrate the specificity of the human sciences relative to the natural sciences. If not understood as an either-or dichotomy these distinctions represent the search of the right balance to reflect the complexity and richness of psychological science. The second part presents the phenomenological notions of ‘vital reduction’ and ‘personalist reduction’, where reductions does not take on an eliminativistic meaning, but of directing the mind’s gaze to attend to what is originally the case. The ‘vital reduction’ reveals a subject of experience at the center of the lifeworld, and the ‘personalist reduction’ sees in rationality –i.e., the power to grasp the meaning of things and to recognize other subjects of experience­– a deeper dimension of the subject, who we can thus call a person. Psychology and phenomenology converge in disclosing the person-centeredness of our lifeworld.


1986 ◽  
Vol 64 (2) ◽  
pp. 216-223 ◽  
Author(s):  
John W. Ryder ◽  
B. K. Kleinschmidt-DeMasters ◽  
Ted S. Keller

✓ Although sudden deterioration and death is a widely recognized complication in patients with benign tumors of the third ventricle area, the exact incidence of this dreaded occurrence is unknown and the reports in the literature on the subject are largely anecdotal. Neither risk factors nor the etiology of the sudden death have been analyzed. The vast majority of these benign tumors are colloid cysts, and the presence and degree of ventricular dilatation and herniation associated with these tumors as cited in the reports are quite variable. The authors report a case of sudden death in a 27-year-old woman with a subependymoma of the left lateral and third ventricles. A review of the literature is included in an attempt to discern identifiable risk factors for sudden death in patients with tumors of the third ventricle area. Since this potential complication is known to exist in patients with otherwise benign tumors amenable to surgical resection, the authors recommend either prompt removal of the tumor on discovery or close monitoring of the patient if surgery is to be delayed.


2001 ◽  
Author(s):  
W. Jerry Bowman ◽  
Daniel Maynes

Abstract A review of the literature in the area of micro heat exchangers is presented to provide a concise overview of the recent advances in this field of study. The review is divided into six sections. The first section reviews research focused on understanding friction and heat transfer in microchannels. The second section deals with heat exchanger design, optimization and comparison studies. The third section deals with fabrication methods used for constructing micro heat exchangers. The fourth section reviews applications of micro heat exchangers. The last two sections of the paper deal with miscellaneous topics and other reviews on the subject. The total review focuses on advances made after the early 1990’s.


2018 ◽  
Vol 24 (3) ◽  
pp. 343-357 ◽  
Author(s):  
Ivana Marková ◽  
Jorge Correia Jesuino

Gustav Jahoda’s research on children’s development of ideas and concepts constitutes a fundamental contribution to social psychology as a developmental and cultural discipline. Jahoda conceived humans in their interdependent relations with socio-cultural and historical environments in which they live, attain knowledge and act. Jahoda’s research on the diversities of thought and agency in children was the subject of meticulous conceptual and methodological rigour. His scholarly work crossed several social and human sciences. This tribute focuses on Jahoda’s early studies of children’s ‘social thinking’ about nationality and economic systems that he carried out in Glasgow. Later in his life Jahoda pursued his ideas on children’s thinking in a close dialogue with other scholars among whom Jean Piaget, Lucien Lévy-Bruhl and Serge Moscovici assumed particular relevance.


Author(s):  
Mark P. Thompson ◽  
Martin George

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.


2017 ◽  
Vol 26 (2) ◽  
pp. 157-160
Author(s):  
Erik Reinertsen ◽  
Stewart G. Neill ◽  
Kambiz Nael ◽  
Daniel J. Brat ◽  
Costas G. Hadjipanayis

We report a case of fibrous meningioma with tyrosine-rich crystalloid in the frontal lobe of a middle-aged woman. The patient presented with a history of several years of worsening headaches and blurry vision, which progressed to include syncopal episodes and right-sided weakness. Imaging demonstrated a dural-based extra-axial mass arising from the right orbital roof and extending superiorly along the right frontal convexity causing right-to-left midline shift. The patient underwent a craniotomy and operative resection. Tumor architecture and cytology was similar to that of a Schwannian neoplasm, with spindled cells arranged in a fascicular architecture and displaying focal nuclear palisading. Immunohistochemical stains confirmed a diagnosis of fibrous meningioma. Light microscopy demonstrated extracellular deposits of eosinophilic crystalline material parallel to the spindled tumor cells, reminiscent of “tyrosine-rich” crystals described in salivary gland neoplasms. This is the third meningioma featuring tyrosine-rich crystalloid reported in the literature; we also summarize the previous 2 reports.


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