Revista Jurídica Digital UANDES
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El recurso al derecho penal en el ordenamiento jurídico español para la consecución del principio de igualdad entre hombres y mujeres
No full textNowadays Criminal Law is playing a growing role in order to protect Human Rights. The aim of this paper is to carefully consider the use of Criminal Law in Spanish legislation in order to achieve equality between men and women. This paper analyzes the Organic Law 1/2004 and the reasons behind the different value of the violence of men towards their women partners as well as the validity of discrimination in criminal law in order to achieve equality through unequal treatment.Los últimos años estamos asistiendo al uso y abuso del derecho penal en la protección de derechos fundamentales. En estas líneas reflexionamos sobre el uso del derecho penal en el ordenamiento jurídico español en la búsqueda del principio de igualdad entre hombres y mujeres. Estudiamos la LO 1/2004 y los motivos del mayor desvalor del golpe del hombre sobre la mujer, que es su pareja, así como la legitimidad de discriminación en las normas penales para igualar desigualando
Multivariate normal approximation of the maximum likelihood estimator via the delta method
No full textWe use the delta method and Stein’s method to derive, under regularity conditions, explicit upper bounds for the distributional distance between the distribution of the maximum likelihood estimator (MLE) of a d-dimensional parameter and its asymptotic multivariate normal distribution. Our bounds apply in situations in which the MLE can be written as a function of a sum of i.i.d. t-dimensional random vectors. We apply our general bound to establish a bound for the multivariate normal approximation of the MLE of the normal distribution with unknown mean and variance
Sexuality, Allegory and Interpretation: E.M. Forster’s Maurice and Damon Galgut’s Arctic Summer
No full textImplementing Socially Sustainable Practices in Challenging Institutional Contexts: Building Theory from Seven Developing Country Supplier Cases
No full textThe implementation of socially sustainable practices in suppliers situated in challenging institutional contexts is examined using institutional theory, both in terms of how institutional pressures affect implementation and what explains the decoupling of practices from the day-to-day reality. A multi-case study approach is employed based on seven apparel industry suppliers in Bangladesh. Cross-case analysis highlights the coercive, mimetic, and normative pressures on suppliers to implement socially sustainable practices. A key pressure identified that has not previously been highlighted in the literature is horizontal collaboration between buyers, which intensifies coercive pressure on suppliers and increases the consequences of non-compliance. The factors that contribute to decoupling are categorized into firm, supply chain, and environment related factors. Further, six propositions are developed on how specific forms of institutional pressure can tackle particular decoupling factors to support implementation. The paper responds to recent calls for greater scrutiny of why and how firms decouple ethical practices and supports the development of the literature specifically on social sustainability, which lags behind that on environmental sustainability and has been largely focused on the Western buyer perspective. The findings have implications for the diffusion of ethical practices into supply chains, especially distant suppliers in very different and challenging institutional contexts
Advanced functional biomechanical analysis of medial rotation knee arthroplasty
No full textBACKGROUND: The Medacta GMK-Sphere total knee arthroplasty (TKA) is designed to mimic the movements and stabilimidty of a natural knee for optimal post-operative function and mobility. This study aimed to quantify the early functional outcome of patients with this implant.METHODS: Patients due to undergo TKA to treat end-stage osteoarthritis were recruited into this study. Functional tests of knee range of motion (ROM), strength, and gait kinematics were carried out pre-operatively and one year post-operatively at routine clinics. Motion capture technology and a force transducer were used to collect all data. Normality tests were completed on all data sets to confirm normal distribution of the data, then paired t-tests were used to statistically compare the results. The level of significance was set as α = 0.05.RESULTS: Sixty-three patients underwent pre-operative assessments; of which 30 returned one year post-operatively and consented to have follow-up testing. The operative knee was found to have poorer function than the contralateral knee pre-operatively (p < 0.05). Post-operatively, knee ROM significantly improved on the operative side to a mean of 116.1 ± 19.0. Gait kinematics also improved, especially in the frontal plane, but some abnormal traits remained in the sagittal plane. Knee strength decreased post-operatively.CONCLUSIONS: The Medacta GMK-Sphere TKA improves knee range of motion sufficiently within the first postoperative year to allow patients to carry out most activities of daily living (>110° knee flexion), but continued poor knee strength may limit their abilities to complete tasks which are more biomechanically demanding than walking.</p
Children's Geographies
No full textChildren’s geographies, one area of childhood studies, is an interdisciplinary sub-field comprising research by human geographers, educationalists, psychology, sociology, and other cognate disciplines. The 1989 United Nations Convention on the Rights of the Child defines childhood as a period until 18 years of age. However, work in this sub-field has more usually emphasised the social constructedness of childhood. Scholarship has drawn attention to the spatial, cultural, and historically situated ideas, laws, and policies that shape childhood and children’s experiences. It therefore can be seen to depart from biologically essentialist and chronological approaches to defining a child. Accordingly, there is no universal category of child or childhood given how children’s lives and experiences are shaped by social identity, such as gender, ethnicity, race, class, sexu- ality, disability, and different encounters with people and places. A plurality of ‘childhoods’ is conceptualised in social constructivist approaches. Childhood studies remains predominantly focused on a small number of countries in the Global North but recognises the marked global differences and inequalities in children’s lives. In acknowledgement of the blurred boundaries of childhood, youth, and adulthood, non-linearity of time in lived experience, and interpersonal and relational dimensions of children’s lives, more recent work has often favoured the expanded term ‘geographies of children, youth, and families’. This entry examines the develop- ment of children’s geographies and critiques of the field of study, how it has been informed by critical theory, and the specific relevance of children’s geographies to understanding children’s lives in the Global South.<br/
Beyond hybridity in organized professionalism: a case study of medical curriculum change
No full textOn Revolutions
No full textSometimes the normal course of events is disrupted by a particularly swift and profound change. Historians have often referred to such changes as "revolutions" and, though they have identified many of them, they have rarely supported their claims with statistical evidence. Here we present a method to identify revolutions based on a measure of the multivariate rate of change called Foote Novelty. We define revolutions as those periods of time when the value of this measure, F, can, by a non-parametric test, be shown to be significantly greater than the background rate. Our method also identifies conservative periods when the rate of change is unusually low. Importantly, our method permits searching for revolutions over any time scale that the data permit. We apply it to several quantitative data sets that capture long-term political, social and cultural changes and, in some of them, identify revolutions, both well known and not. Our method is a general one that can be applied to any phenomenon captured by multivariate time series data of sufficient quality
Epistemic Communities in International Adjudication
No full text1 Epistemic community is a descriptive and analytical category used in social sciences as a whole to denote a group of technicians or professionals sharing common constructed sensibilities. The concept has proved very popular across disciplines and has been constantly transposed across fields. As a result, it has not been univocally understood and its contours have continuously taken the particular shapes of the discipline to which it has been transposed. 2 Conceiving international law as an argumentative practice (Koskenniemi, 2007), we will evaluate whether it is possible to assert the existence of an adjudicatory epistemic community, or a collective of legal technicians that regulates this practice. From that perspective, it will be shown that the adjudicatory epistemic community plays a critical role in designing the criteria of validity of arguments and assessing their application by the various actors of the field (d’Aspremont, 2020; Cardenas, 2020). Although epistemic communities as producers of technical knowledge are usually distinct from policy makers, the distinction collapses when applied to international adjudication. This being said, the following is no exercise of transposition of a notion originally developed in other social sciences and hence the following paragraphs come with a certain degree of reinvention. 3 The discussion regarding the existence of an epistemic community in international adjudication will primarily refer to the work of international judges, arbitrators, counsel, and members of registries with a view to evaluating whether practice shows sufficient common sensibilities for them to constitute an epistemic community. The argument starts with some background observations as well as some remarks on the origin of the concept of epistemic community. This will include a snapshot about how the concept has been received in international legal studies (see sec B below). An overview of some of the alternative theorizations of the communities of international lawyers will be provided (sec C). This article, using the dominant understanding of epistemic community, will then turn to the central question of whether judges, arbitrators, counsel, and members of registries can constitute an epistemic community in international adjudication (sec D). Although it will be shown that judges, arbitrators, counsel, and members of registries do not constitute an epistemic community according to the dominant theorization, the concept of epistemic community will be appropriated and reinterpreted to emphasize some of the shared sensibilities of judges, arbitrators, counsel, and members of registries (sec E). The last section offers a few concluding remarks on the exercise of any appropriation and reinterpretation of concepts of social sciences for the study of international law (sec F).<br/
Service users’ and carers’ experiences of engaging with early intervention services:A meta‐synthesis review
No full textAim: The provision and implementation of early intervention for psychosis services (early intervention services [EIS]) has received increasing attention over recent years. Maximizing engagement with EIS is of clinical and economic importance, and exploring the experiences of those who access EIS is vital. Although research has been conducted exploring the experiences of engaging with EIS from both a service user and carer/family member point of view, these data have not been systematically collated to generate new understanding. The primary aim of this study is to review, critically appraise and synthesize qualitative findings relating to the experiences of service users and/or carers and family members engaging with EIS. Methods: Four databases were systematically searched. Studies were analysed using an inductive thematic analysis approach, within a critical realist epistemological framework. Studies were critically appraised using the critical appraisal skills programme tool. Results: Fourteen papers were identified for inclusion. Three main themes were identified: the importance of a personal relationship with an EIS staff member, the impact of this relationship and consideration of life after EIS. The importance of a strong relationship with EIS staff was the most prominent theme throughout the papers reviewed. Conclusions: The quality of the therapeutic relationship with at least one EIS staff member was the single most important factor in determining whether the experience of accessing EIS was a positive or negative one. The majority of the studies reviewed were conducted in the United Kingdom or Australia. Therefore, more research across countries is needed to understand transferability of findings.</p