constitutive theory
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Author(s):  
ROSIETE COSTA DE SOUSA ◽  
ROBERTO SIDNEI MACEDO ◽  
VICENTE PAULINO

  Este artigo, produzido no contexto de uma pesquisa de doutorado em Educação que investiga currículo e formação no Timor-Leste, perguntando sobre o diálogo possível entre escola e uma-lulik (instituição ancestral timorense), visa, ao tomar como referência a uma-lulik, tecer algumas considerações que levam em conta a necessidade e urgência de tensionamento e alteração do modelo de sociedade hegemônico, que tem revelado cada vez mais a sua enorme incapacidade de cuidar da vida, bem como mostrar teorias e conceitos com os quais a escola pode operar no sentido de se aproximar mais da experiência da uma-lulik.  Como parte da nossa etnopesquisa-formação, uma prática de pesquisa multirreferencial, o texto se configura num conjunto de argumentos que conjugam noções culturais, teorias e conceitos, fazendo entrever o significado do diálogo entre uma-lulik e escola, sua potência pedagógica, cultural e política.Palavras-chave: Uma-lulik. Currículo. Formação. Teoria Etnoconstitutiva do Currículo.  Etnopesquisa.The search for dialogues between and-Lulik and school and the tensioning with the dominant life mode: Timor-Leste's exampleABSTRACTThis article, produced in the context of a doctoral research in Education that investigates curriculum and formation in Timor-Leste, asking about the possible dialogue between a school and the uma-lulik (Timorese ancestral institution), aims, by taking the uma-lulik as a reference, to weave some considerations that take into account the need and urgency of tensioning and altering the hegemonic model of society that has increasingly revealed its enormous inability to take care of life, as well as showing theories and concepts with which the school can operate in order to approach of the experience of  the uma-lulik. As part of our ethno-research-training, a multi-referential research practice, the text is configured in a set of arguments that combine cultural notions, theories and concepts, showing the meaning of the dialogue between uma-lulik and school and its pedagogical, cultural and political potency.Keywords: Uma-lulik.  Curriculum.  Formation.  Curriculum Ethno-constitutive Theory. Ethnosearch.


Author(s):  
Mervyn Frost

Constitutive theory is a philosophical analysis of the logical interconnections between actors, their actions, and the social practices within which they perform these. It draws on insights from the later work of Ludwig Wittgenstein, as developed and extended by Peter Winch and John Searle. It highlights that actors and their actions can only be understood from within the practices in which they are constituted as actors of a certain kind, who have available to them a specific repertoire of meaningful action. It stresses that the interpretation of their actions involves: understanding the language internal to the practices in which they take place; understanding the rule-boundness of that language; the meaning of its terms; a holist perspective on the practice; and, crucially, an understanding of the ethics embedded in it. It briefly explores the implications of such a philosophical analysis for those seeking to understand the actors and their interactions in global practices. It highlights how international actors (both states and individuals) are constituted as international actors in two major international practices, the practice of sovereign states and the global rights practice. It indicates the guidance constitutive theory might provide for all who would better understand international affairs.


2021 ◽  
Vol 20 (6) ◽  
pp. 67-167
Author(s):  
I.S. CHUPRUNOV

The paper provides analysis of the rights available to the parties of the legal relationships resulting from exercise of the right of pre-emption in respect of the participatory interest (shares), including, in particular, transformation powers available to the right holder, claims against the transferor (grantor) and its counterparty, as well as the right to take away the participatory interest (shares) from such counterparty. The author demonstrates that for the purposes of resolving theoretical and practical problems arising in this connection the constitutive theory – according to which the exercise of the right of pre-emption leads to the emergence of a new contract between the right holder and the transferor (grantor) generally on the same conditions as the original contract between the transferor (grantor) and its counterparty (the principle of identity) – has indisputable advantages. The paper, among other things, provides indepth analysis of individual cases of deviation from the principle of identity as well as the problems relating to modification, termination and invalidity of the original contract. In addition, the author examines in detail the rights available to the counterparty and the transferor (grantor), including the particularities of settlement in case where the right holder takes away the participatory interest (shares) from the counterparty as a result of exercise of the right of pre-emption.


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