Revista Jurídica Digital UANDES
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El modelo legal de conciliación y mediación en Brasil
No full textFaced with the so-called “culture of judgment” rooted in the Brazilian society, the authorities of the Executive and the Legislative Branch have undertaken an important effort to provide citizens access to auto compositive dispute resolution mechanisms, both in person as in digital form. The latest legislative reforms in Brazil allow the Public Administration to create specialized chambers to prevent and resolve conflicts through mediation. In addition, the reforms enable Notaries and Registries to offer mediation services to the community. Nevertheless, there is still much to reduce in the high level of litigation and, in order to achieve this objective, it is necessary to reinforce and socialize the importance of these mechanisms.Frente a la denominada “cultura de la sentencia” arraigada en la sociedad brasilera, las autoridades del Poder Ejecutivo y del Poder Legislativo han emprendido un importante esfuerzo en pro de brindar acceso al ciudadano a los mecanismos autocompositivos de solución de controversias, tanto en forma presencial como en forma digital. Las últimas reformas legislativas permiten a la Administración pública crear cámaras especializadas para prevenir y resolver conflictos por vía de la mediación, como también habilitan notarías y registros para ofrecer servicios de mediación a la colectividad. A pesar del esfuerzo realizado y de las iniciativas implementadas, aún falta mucho para lograr disminuir el nivel de litigiosidad por lo que se hace necesario reforzar y socializar en la ciudadanía la importancia de estos mecanismos
Fernández del Pozo, Luis (2018): La paralización de los órganos sociales en las sociedades de capital. Madrid, Marcial Pons. 272 páginas
No full textA Conversation analysis of asking about disruptions in Method of Levels psychotherapy
No full textBackground: Method of Levels (MOL) is a cognitive therapy with an emerging evidence base. It is grounded in Perceptual Control Theory and its transdiagnostic nature means techniques are widely applicable and not diagnosis-specific. This paper contributes to psychotherapy process research by investigating a key technique of MOL, asking about disruptions, and in doing so aims to explore how the technique works and aid the understanding of related techniques in other psychotherapies. Method: Conversation Analysis (CA) is applied to asking about disruptions in twelve real-life therapeutic interactions. Findings: Analyses explore how and when therapists ask about disruptions, with examples presented according to their degree of adherence to the MOL approach. The majority of identified instances project responses consistent with MOL aims; encouraging further talk, focused on the client’s problem, and with a shift to meta-level commentary. Also presented are examples of therapist and client influence on disruptions. Conclusion: The paper provides support for a number of MOL practices, with clinical implications and links to other psychotherapies highlighted. <br/
Securing China's Northwest Frontier:identity and insecurity in Xinjiang
No full textIn the first study to incorporate majority Han and minority Uyghur perspectives on ethnic relations in Xinjiang following mass violence during July 2009, David Tobin analyses how official policy shapes identity and security dynamics on China's northwest frontier. He explores how the 2009 violence unfolded and how the party-state responded to ask how official identity narratives and security policies shape practices on the ground. Combining ethnographic methodology with discourse analysis and participant-observation with in-depth interviews, Tobin examines how Han and Uyghurs interpret and reinterpret Chinese nation-building. He concludes that by treating Chinese identity as a security matter, the party-state exacerbates cycles of violence between Han and Uyghurs who increasingly understand each other as threats
'The world is full of magic things, patiently waiting for our senses to grow sharper' (WB Yeats):Enhancing resilience among deaf young people in South Africa through photography and filmmaking
No full textThis article concerns deaf children and young people living in South Africa who are South African Sign Language users and who participated in an interdisciplinary research project using the medium of teaching film and photography with the goal of enhancing resilience. Specifically, this paper explores three questions that emerged from the deaf young people’s experience and involvement with the project: (i) What is disclosed about deaf young people’s worldmaking through the filmic and photographic modality? (ii) What specific impacts do deaf young people’s ontologically visual habitations of the world have on the production of their film/photographic works? (iii) How does deaf young people’s visual, embodied praxis through film and photography enable resilience? The presentation of findings and related theoretical discussion is organised around three key themes: (i) ‘writing’ into reality through photographic practice, (ii) filmmaking as embodied emotional praxis and (iii) enhancing resilience through visual methodologies. The discussion is interspersed with examples of the young people’s own work
Organisational attributes that determine integrated safety, health and environmental management capability
No full textImplementing separate Environmental Management System (EMS) and Safety and Health Management System (SHMS) can be costly for organisations and hence the advent of integrated management systems. The effective implementation of integrated safety, health and environmental (SHE) management would require companies to have the appropriate organisational capability. Within the academic literature, it is unclear which organisational attributes are important for ascertaining integrated SHE management capability of construction companies. This study sought to address this through a comprehensive review of literature relating to SHE management in construction and SHE management systems and models. The study revealed that organisational attributes that could determine integrated SHE management capability include: senior management commitment to SHE; SHE risks management; SHE objectives and programs; staff competencies; resources for SHE implementation; SHE roles and responsibilities; SHE communications; SHE documentation and control measures; SHE emergency plans; SHE monitoring and performance measurement; and SHE auditing and management review to capture lessons learned. These attributes could enable construction companies and other key industry stakeholders to understand construction companies’ capability to implement an integrated SHE management system
When Object Color is a Red Herring: Extraneous Perceptual Information Hinders Word Learning via Referent Selection
No full textLearning words from ambiguous naming events is difficult. In such situations, children struggle with not attending to task irrelevant information when learning objectnames. The current study reduces the problem space of learning names for object categories by holding color constant between the target and other extraneous objects. We examine how this influences two types of word learning (retention and generalization) in both 30-month-old children (Experiment 1) and the iCub humanoid robot (Experiment 2). Overall, all children and iCub performed well on the retention trials, but they were only able to generalize the novel names to new exemplars of the target categories if the objects were originally encountered in sets with objects of the same colors, not if the objects were originally encountered in sets with objects of different colors. These data demonstrate that less information presented during the learning phase narrows the problem space and leads to better word learning success for both children and iCub. Findings are discussed in terms of cognitive load and desirable difficulties
Mountain Matter(s):Anticipatory Cartographies in Nineteenth-Century Mountain Literature
No full textThis chapter explores how maps functioned as expressions of an emergent materialist philosophy in nineteenth-century mountain writing. It identifies three forms of mapping: the paper documents carried as navigational tools, the texts produced about upland experiences, and the body. It focuses on four writers’ accounts of their travels through upland landscapes: Dorothy Wordsworth, Samuel Taylor Coleridge, John Ruskin and Elizabeth Le Blond. These accounts are distinctive in that they highlight how embodied reactions to the landscape can dramatically alter a writer’s imaginative responses. My central claim is that the mountain literatures these authors produced—in a period when the very definition and import of materialism was being significantly re-evaluated—generated a form of anticipatory cartography that understood the reading of an upland landscape as a fundamentally material experience.</p
Communication Empowerment Framework:An integrative framework to support effective communication and interaction between carers and people living with dementia
No full textObjectives: To demonstrate the power of integrating three theoretical perspectives (Mentalization Theory, Perceptual Control Theory and the Communicative Impact model), which jointly illuminate the communication challenges and opportunities faced by family carers of people with dementia. To point the way to how this framework informs the design and delivery of carer communication and interaction training.Method: Conceptual synthesis based on a narrative review of relevant literature, supported by examples of family carers.Results: We use the conceptual models to show how the capacity to mentalize (“holding mind in mind”) offers a greater sense of control over internal and external conflicts, with the result that they can be deescalated in pursuit of mutual goals.Conclusions: The integrative conceptual framework presented here highlights specific psychological and relational mechanisms that can be targeted through carer training to enhance communication with a person living with dementia