No. 16 (2017)

Permanent URI for this collectionhttps://dspace-test.ucuenca.edu.ec/handle/123456789/27737

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    El dilema sobre la propiedad privada
    (Universidad de Cuenca, 2017) Ochoa Carrasco, Francisco
    This research aims to expose some arguments that have been used in the field of the social sciences to justify the privatization of common resources. Therefore, I will use a dilemma known as the tragedy of the commons which explains the rational process of individuals in decision-making related to the use of a common resource. The dilemma concludes telling us that the unlimited use of a limited resource lead to a tragedy. For that reason, in this paper I will use two arguments that have been widely used: economic rationality and Game Theory. Finally, I will comment about some anthropological issues.
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    Libertad de expresión: el alma de un estado democrático
    (Universidad de Cuenca, 2017) Abril, Adriana; Bustos, Guido; Espinoza, Brenda
    Here are exposed arguments referring to the freedom of expression as the angular stone of a Democratic State ensuring its basis through the construction of a free and informed society. In this way, it has been stated that in the Interamerican System of Human Rights, the freedom of expression presents a double dimension, one as the right of the citizens to receive information, and the other as the right of people to express their ideas and opinions, in a way that creates the public opinion that a system of representative democracy needs for taking decisions. The media has an important role, as instruments of the materialization of the freedom of expression. Consequently, they must be protected by the state, and totally independent. In the same way, here are exposed the limitations to the right of freedom of expression, which are determined in international instruments and in jurisprudence of local and international documents. Which should also be found expressly written in the national legislation of each state so that there will not be any arbitrary use of power. Eventually, showing society information of public interest, whose protagonists could be susceptible to the scrutiny of society, instead of being considered an attempt against the rights of people, acting with real malice, or acting against the democratic system to violate the national interest, the moral, or public health, it will be instead considered a pure use of freedom of expression.
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    Relevancia de la evaluación del riesgo de violencia y de la psicopatía en el ámbito forense
    (Universidad de Cuenca, 2017) Ochoa, Juana; Guillén, Ximena; Ullauri, Dione; Narváez, Juana; León Mayer, Elizabeth; Folino, Jorge O.
    Judicial decisions regarding family violence, security and protection measures, among others, require the integration of the Law with knowledge coming from mental health and behavioral sciences. Of special importance is its contribution on subjects as violence and psychopathy. This article reviews some historical aspects on the risk of violence and psychopathy and describes its present state in Latin America
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    Nueva institucionalidad y participación ciudadana. Un aporte a la democracia en América del Sur
    (Universidad de Cuenca, 2017) Solano Paucay, Vicente
    The new constitutional processes in South America, have generated significant changes and perhaps paradigmatic in countries that have been given. These changes have been instituted due to the deep demands that civil society established Constituent Assembly resulting Constitutions like ecuadorian consitution, venezuelan constitution and bolivian constitution. In the Constituent Assembly a model of participatory democracy, to guarantee the effective participation of citizens in decision-making authorities, is structured so that to strengthen this new institutional model was created. In the case of ecuadorian, the Consejo de Participacion Ciudadana y Control Social would become a guarantee of the rights of participation and turn in the body that appoints the highest authorities of the state through new forms of selection is created. Our main objective is perform a descriptive and critical analysis of this new institutions of participation, to confront with cross-liberal institutions and achieving verify if within the new ways of appointing authorities could be contributions to democracy in Latin America.
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    Determinantes del voto salvado en contextos de inestabilidad institucional extrema: el caso del tribunal constitucional del Ecuador
    (Universidad de Cuenca, 2017) Basabe Serrano, Santiago
    This article identifies the variables that explain the dissenting legal vote in courts that operate under conditions of extreme institutional instability. Drawing on three logistic regression models, this article proposes that judges’ ideological preferences constitute a good predictor of the dissenting vote. Contrary to the classic argument, which indicates that the instability of judges encourages strategic voting, this article argues that this relationship can be demonstrated only up to a certain point – that is, until an exponential increase in institutional instability leads the judges to vote sincerely, even when this means being part of a minority or “losing”coalition.
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    Un presidencialismo reforzado desde el ejercicio de la Facultad reglamentaria del ejecutivo Ecuatoriano
    (Universidad de Cuenca, 2017) Chalco Salgado, José
    Presidentialism is a goverment system determined by the delivery of faculties to the president of the republic, including being a legislator in the law formation process. The Constitution of Ecuador allows the president the power to issue regulations to laws by a reglament. This reglamentary faculty is configured with limits, characteristics and determinations towards observance the division and balance of power, legal reserve, democratic principles and limits on the power; consequently, its exercise is limited by Constitution. However, as in the whole region, in the Ecuadorian case, there are new faculties and instruments to serve the president of the republic to strengthen their power in the conflict for legitimacy and presence as head of government and state. Thus, the exercise of regulatory power coupled with the sponsorship of various events would be strengthening a reinforced presidentialism that goes beyond its nature.
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    Bien común de la naturaleza y la humanidad un acercamiento iusmaterialista en el siglo XXI
    (Universidad de Cuenca, 2017) Salamanca Serrano, Antonio
    This article deals about the common good of humanity with a new legal paradigm: iusmaterialism. It is a contribution to the proposal of F. Houtart for a Declaration of United Nations about the Common Good of Humanity. A proposal borned from social movements. This analysis a) places the Declaration in the current context of imperial war against the peoples in the twenty first century; b) shows that the system of needs and capabilities is a biocentric category which becomes central for any common political project; c) argues that the right to revolution is the origin of any legal system that places the flourishing of living as its centre; as the sumak kawsay or suma qamaña.