Law In Spain Research Articles

“Iglesia me Llamo”: Church Asylum and the Law in Spain and Colonial Spanish America

“Iglesia me llamo” (“church is my name”) was the only phrase uttered over and over by numerous criminals during judicial interrogations that took place at various times throughout the Iberian kingdoms that ultimately became Spain, and their American colonies. This expression meant that even after committing heinous crimes, those outlaws received shelter at local churches and thereby felt entitled not to disclose any information to justice officials about their conduct. Such criminals were confident that it would not be easy to remove them from the church for punishment. Indeed, groups of wrongdoers turned churchyards, churches, their cloisters, and their adjoining cemeteries into permanent residences. They were alleged to move freely in and out of church buildings under cover of night and to bring friends, lovers, and liquor in for enjoyment. Their presence terrorized neighbors and passersby, and inconvenienced priests and parishioners alike.

Hers, His, and Theirs: Community Property Law in Spain and Early Texas (review)

Hers, His, and Theirs: Community Property Law in Spain and Early Texas (review)

Human rights attitudes and peer influence: The role of explicit bias, gender, and salience

Abstract Human rights are an essential element of a civil society. Attitudes about these laws and the role of peer influence in shaping these attitudes, has not garnered much attention. This study examined the strategies individuals employ to influence a peers’ beliefs about human rights laws in Spain. One hundred ninety-six participants at the Universidad Autonoma de Madrid completed measures of human rights knowledge, feelings concerning human rights, political alienation, prejudice, sexism, and ethnic bias towards Gitanos (gypsies). Social power strategies to influence peers’ attitudes about the rights of ethnic minorities (Gitanos) and women were measured on Raven's Interpersonal Power Inventory. Gitano Bias, feelings about human rights, and Gough's Prejudice (Pr) scale predicted the endorsement of hard influence strategies. Hostile sexism and the Pr scale predicted the use of both soft and hard strategies concerning women's rights. Greater effort to influence a peer was employed in a high salience condition (e.g., women's use of social power concerning the rights of women). Findings indicate that explicit bias, gender, and salience of human rights to the individual contribute to efforts to influence a peer's beliefs concerning human rights laws.

Hers, His, and Theirs: Community Property Law in Spain and Early Texas

Hers, His, and Theirs: Community Property Law in Spain and Early Texas

State Marine Corporation and Currence v. United States of America

701State immunity — Attachment and execution — Property for use in military activity — Consignment of goods including food required by United States troops stationed abroad — Whether covered by immunity from execution — The law of Spain

Franquismo, ¿Estado de Derecho?: notas sobre la renovación del lenguaje político de la dictadura durante los años 60

The Franco regime continually modified its political language in order to adapt to changing international circumstances. To this end, towards the end of the 1950s it began to use the term Estado de Derecho (a state subject to the rule of law) to define the nature of its legal-political system. This article examines the reaction that this use, not unprecedented in Catholic and Falangist policy, was to cause at the core of the international community. Specifically, we focus our attention on the report on The Rule of Law in Spain prepared by the International Committee of Jurists, a consultative body of the United Nations, as well as on the official response from the Franco regime, prepared by the Institute of Political Studies.

The Enforcement of Spanish Antitrust Law: A Critical Assessment of the Fines Setting Policy and of the Legal Framework for Private Enforcement Actions

The enforcement of antitrust laws in Spain has mainly been a task for public authorities. Sanctions for antitrust infringements can only be pecuniary, as prison or other criminal penalties are not used as a punishment device. Public enforcement of antitrust laws has, therefore, taken the form of fines imposed by the State administrative authorities in charge with the enforcement of Antitrust Laws. However, the competition authorities' policy in setting the amount of fines has been rather erratic, which has led to the annulment of some of its opinions by the judicial courts. On the other hand, private enforcement of antitrust laws through civil actions is neither frequent nor encouraged by Spanish regulation, being anecdotic those cases in which antitrust offences have led private persons to claim for damages through a civil action in court. The discussion in 2005 of a major reform of the Defence Competition Act of 1989 provides an excellent opportunity to reflect critically on the enforcement of antitrust laws in Spain, specifically dealing with two of the main problems which will need to be addressed in the reform: (a) how to make the penalty fit the crime setting a fine that optimally punishes each infringement; (b) whether and how private enforcement has to be encouraged.

Customary Law and the Nationalist Project in Spain and Peru

Customary Law and the Nationalist Project in Spain and Peru

Risk Sharing in the New Public Works Concession Law in Spain

Budgetary constraints are forcing transport infrastructure authorities to raise private funds to finance the construction of new projects and the maintenance of existing ones by using concession contracts. One of the key elements in correctly defining a concession scheme is to establish an adequate risk-sharing mechanism among the stakeholders that take part in the process. This paper describes and analyzes the effect of the new Spanish Concession Law on risk sharing, in particular, the effect of the so-called progress clause on the calculation of risk held by the concessionaire. This law was designed both to reinforce private financing of public facilities and to improve the legal framework by defining a new risk-sharing approach, particularly in relation to the risks involved in estimating traffic demand. The paper finishes with an analysis of a specific application of the traffic risk-sharing approach for highway concessions in Spain.

Human rights and ethnic attitudes in Spain: The role of cognitive, social status, and individual difference factors

Cognitive, individual differences, and intergroup contact factors were examined in the formation of attitudes about human rights and ethnic bias in two studies conducted in Spain. A 7‐item scale measuring knowledge about human rights laws in Spain and the European Union was used in both studies. Participants were university students enrolled at the Universidad Autónoma de Madrid. In study one, participant (n = 127) knowledge about human rights laws, intergroup contact, Right Wing Authoritarianism (RWA), and Gough's Prejudice/Tolerance (Pr/To) scale were examined in relationship to bias towards Gitanos. Findings revealed that knowledge about human rights and social status variables (gender and age) were not significant predictors of Gitano bias, whereas Pr/To, RWA, and contact were all (R2 = .28) significant predictors of bias against Gitanos. Findings provided cross‐cultural replication (Dunbar & Simonova, in press) of the relationship of Pr/To and RWA to Gitano bias. In study two, participant (n = 100) knowledge and feelings (measured on a three‐item semantic differential scale) about human rights laws, Pr/To, and RWA were examined in relation to strategies influencing peer attitudes about human rights on the Raven Social Influence Inventory (RSII) scale. Findings indicated that knowledge about human rights laws were correlated (r = .47, p < .001) with positive feelings about these laws. Results of a hierarchical regression analysis, controlling for knowledge about human rights laws and participants' social status, found that the Prejudice/Tolerance scale and feelings about human rights were related with both hard (R2 = .11) and soft (R2 = .08) social influence strategies influencing peer human rights attitudes on the RSII. Men and higher‐scoring participants on Pr/To both employed more hard social influence strategies. Findings indicate that while knowledge of human rights laws is unrelated to ethnic bias, more accurate knowledge is correlated to more positive feelings about laws meant to protect the rights of ethnic minorities.

Spain's Law 60/2003 of December 23, 2003 On Arbitration,

Spain's Law 60/2003 of December 23, 2003 On Arbitration,

Water Law in Spain After 1985

Spain has old and complex legislation with regard to water. The current state of evolution in water law is one of vagueness, with contrasting lines of tension: in some areas, the old focus predominates but there are others in which the so-called new water culture can be detected. There are two legal references to mention and comment on: first, the 1978 Spanish Constitution and second, the European Community regulations.

Kingdom of Spain v. Christie, Manson & Woods Ltd and Another

Economics, trade and finance — Trade in paintings — Painting exported from Spain — Whether exported in violation of laws of Spain — Right of foreign State to bring action in England to protect property — Whether abuse of process of Court — The law of England

The current status of hypnosis in Spain

While Spanish academic researchers have actively attempted to disengage hypnosis from its traditional links with altered states and automatism, and to promote it by linking hypnotic phenomena with other everyday psychological processes, in the legal field there seems to have been little activity. Among jurists, opinion is divided regarding the exact influence of hypnosis on conscious will, although some maintain that hypnosis can override will, and most that being in a state of hypnosis at the time of committing a criminal act can be used as a defence, depending on knowledge of the prior personality of the individual and the kind of suggestions given. Consequently, because of its alleged influence on will, hypnosis is forbidden by law in Spain as an investigative procedure. Likewise, the practice of hypnosis has been removed from Spanish public health system services, and it cannot be subsidized by private insurance companies. We conclude that traditional notions of hypnosis may be holding back its practical acceptance in Spain. Copyright © 2000 British Society of Experimental and Clinical Hypnosis

La participación de Ia iniciativa privada en la financiación de actividades de interés general. Especial referencia a los convenios de colaboración empresarial con la Iglesia Católica en materia de patrimonio histórico

International organizations insist on the need to create the necessary incentives in order to channel the financial resources of physical and juridical persons into the tasks of preserving and enriching our heritage; this is done through fiscal and patrimonial measures which favour patronage and support for non-profit-making organizations. Collaboration between the public and private sector is an observable reality in different countries, encouraged by the existence of a fiscal regime favorable to the cultural activity of businesses or individuals. In this line, here in Spain Law 30/1997 (24 th November) on Foundations and Fiscal Incentives for private participation in activities of public interest tries to create a suitable juridical basis for encouraging altruistic actions, a basis adapted to the demands of present-day society. This is done through an up-to-date regulation of Foundations and a regime of fiscal incentives for private funding of activities of general interest, Of the various possibilities of patronage which Law LFIF offers, this study on those options which do not demand a permanent and institutionalized relationship involving setting up agencies to achieve their end, but rather those options which involve occasional collaboration with non-profit-making bodies through donations or which involve businesses initiatives in activities for the public good. This law and later taxation legislation have modified in part the regime envisaged in the Spanish Historical Heritage Law, so this will not be given preferential treatment. From this standpoint we examine, in first place, the fiscal regime on donations made by physical or juridical persons to foundations, to associations for the public good or to similar entities; particular attention in paid to religious bodies which may be the recipients of donations while, at the same time, evaluating to what extent the formulas worked out by the legislator are suitable for encouraging private participation in a

Immigration, Law, and Marginalization in a Global Economy: Notes from Spain

This case study of immigration law in Spain examines the contradiction between the rhetoric of immigration politics stressing immigrant integration and the reality of immigrant exclusion and marginalization. Drawing from a variety of secondary sources, government documents, and interviews, I show how Spanish policies regularly “irregularize” Third World immigrants. Further, I argue that this legal construction of illegality consigns these immigrants to the margins of the economy where they provide what policymakers appreciatively call “flexibility” to the post-Fordist Spanish economy. Finally, I discuss the ways in which racial “otherness,” exclusion, and economic function are mutually constituted, and the role of law in that process.

Strikes and the contract of employment: a comparison of the laws of Spain and England

Despite having made some important advances in the harmonization of labour law in the European Union, the regulation of strikes continues to differ among the member states. In this article we will investigate the effect of the strike on the contract of employment and the extent of the employer's powers in the context of the strike in Spanish and English law. We will preface these particular issues with a general comparison of the characteristics of the two legal systems and their labour law principles. We will be concerned with the definition given to the strike in each legal system and whether there exists a right or a freedom to strike.

Opposition to generics laws in Spain

Opposition to generics laws in Spain

Book Reviews

Recent Prize‐Winning Books in History:Voice for the Mad: The Life of Dorthea Dix.Providence island, 1630–1641: The Other Puritan Colony.Passionate Enlightenment: Women in Tantric Buddhism.The New Rural History: A Subject Whose Time Has ComeBorn in the Country: A History of Rural America.Linoleum, Better Babies, and the Modern Farm Woman, 1890‐1930.Africa and the Middle East The Boundaries of Modern Iran.Anioma: A Social History of the Western Igbo People.The African Colonial State in Comparative Perspective.The Americas: Anarchist Voices: An Oral History of Anarchism in America.The Provincial: Calvin Coolidge and His World, 1885‐1895.The George R. “Bob” Caron Story—Tail Gunner of the Enola Gay: Fire of a Thousand Suns.Science and Founding Fathers: Science in the Political Thought of Thomas Jefferson, Benjamin Franklin, John Adams, and James Madison.The Scottish High Church Tradition in America: An Essay in Scotch‐Irish Ethnoreligious History.The Abolitionists & The South, 1831‐1865.Aztec Warfare: Imperial Expansion and Political Control.Our Rightful Share: The Afro‐Cuban Struggle for Equality, 1886‐1912.Paying the Price of Freedom: Family and Labor among Lima's Slaves, 1800‐1854.Creating the Commonwealth: The Economic Culture of Puritan New England.Changing Differences: Women and the Shaping of American Foreign Policy, 1917‐1994.The Latter Day Saints: A Study of the Mormons in the Light of Economic Conditions.Fables of Abundance: A Cultural History of Advertising in America.To Foreign Shores: U.S. Amphibious Operations in World War II.Gateway to the Promised Land: Ethnic Cultures in New York's Lower East Side.Rural Guatemala: 1760‐1940.Dark Sun: The Making of the Hydrogen Bomb.The Martinsville Seven: Race, Rape, and Capital Punishment.Hard Bargain: How FDR Twisted Churchill's Arm, Evaded the Law, and Changed the Role of the American Presidency.“Lest We Forget:” A Guide to Civil War Monuments in Maryland.The Sixties and the End of Modern America.Joseph E. Johnston: A Civil War Biography.McCarthyism and New York's Hearst Press: A Study of Roles in the Witch Hunt.Asia and the Pacific China in World History.To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization.The Cambridge History of China. Volume 6. Alien Regimes and Border States, 907‐1368.Teachers of the Inner Chambers, Women and Culture in Seventeenth‐Century China.Learning to be Modern: Japanese Political Discourse on Education.The New Cambridge History of India. Volume III:4, Ideologies of the Raj.The Technological Transformation of Japan: From the Seventeenth to the Twenty‐First Century.A History of Brunei.Religious Nationalism: Hindus and Muslims in India.India, Pakistan, and the Kashmir Dispute: On Regional Conflict and Its Resolution.Europe: Italy Since 1800: A Nation in the Balance?The Azerbaijani Turks: Power and Identity under Russian Rule.Counter‐Revolution: The Second Civil War and its Origins, 1646‐8.Art and the French Commune: Imagining Paris after War and Revolution.Parliamentary Taxation in Seventeenth‐Century England.Napoleon and Josephine: An Improbable Marriage.Asquith As War Leader.Paris Babylon: The Story of the Paris Commune.A Long Walk to Church: A Contemporary History of Russian Orthodoxy.Subversive Words: Public Opinion in Eighteenth‐Century France.Muslim Resistance to the Tsar: Shamil and the Conquest of Chechnia and Daghestan.Charlotte Brontë. A Passionate Life.Latitudinarianism in the Seventeenth‐Century Church of England.Captain James Cook: A Biography.Poland Since 1944: A Portrait of Years.Richthofen: Beyond the Legend of the Red Baron.Communications and Power in Medieval Europe: The Gregorian Revolution and Beyond.New French Thought: Political Philosophy.The Franks in the Aegean 1204‐1500.Gladstone 1875‐1898.The Oxford Movement in Context: Anglican High Churchmanship, 1760‐1857.The Elect Nation. The Savonarolan Movement in Florence 1494‐1545.Imperial London: Civil Government Building in London, 1850‐1915.Who Are The Macedonians? Exile and Destruction. The Fate of Austrian Jews, 1938‐1945.Economic Structures of Antiquity.The Fatal Knot: The Guerrilla War in Navarre and the Defeat of Napoleon in Spain Law and Citizenship in Early Modern France.Witches, Devils, and Doctors in the Renaissance. Johann Weyer, De praestigiis daemonum.The Last Great Frenchman: A Life of General de Gaulle.London at War, 1939‐1945.kathinka Zitz‐Halein and Female Activism in Mid‐Nineteenth‐Century Germany.General, Comparative, Historiographical The Ambassadors and America's Soviet Policy.The pacific Basin Since 1945: A History of the Foreign Relations of the Asian, Australasian and American Rim states and the Pacific Islands.

Asepesco Case

250Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Fundamental rights under national Constitution — Whether proceedings may be instituted before Constitutional Court alleging unconstitutionality of acts of European Community institutionsHuman rights — Procedure for enforcement — Fundamental rights under Spanish Constitution, Articles 14 to 30 — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution — Whether acts of Community institutions subject to constitutional review to establish compatibility with fundamental constitutional rights — The law of Spain