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This paper approaches comparative legal history in light of the life and work of John H. Wigmore. This paper first presents a definition of comparative legal history. Secondly, this paper addresses a mosaic of interests that Wigmore lived and experienced. It therefore presents a main dialogue of this jurist with the law of evidence, another dialogue with auxiliary disciplines, and a common thread that is represented by his interest in legal history and comparative law. This paper therefore points to the role that different actors may have in the development of an autonomous discipline, while they interact with other actors in other jurisdictions.

This paper analyzes the debate that arose in the Peruvian legal system about whether the term that the State has to collect civil compensation in cases of judgments arising from criminal procedures for offenses against public administration is one of expiration or prescription. The difference is not minor because while the prescription period allows for interruptions, the expiration period is not interrupted even when the debtor performs dilatory maneuvers to avoid payment. This last situation is recurrent in the context of the prosecution of the crimes against the public administration, as they sanction state corruption. In this paper, we intend to contribute to the aforementioned debate based on the revision of the figure of civil compensation and its capacity to combat and prevent corruption. Also, the definition, scope and differences between the figures of the expiration and the prescription will be studied to indicate, on the end, that this last institution is the one applicable to the supposed matters of examination.

The acquisition cost of every equipment is connected to the complexity degree of the operation, leading to possible differences among the assigned controls. Variations in control practices are likely to be more complex depending on the organizations, as in the case of hospital units. The paper aimed to control a hospital unit based on the asset acquisition cost and considering contingency factors. Management control is understood as a set of activities and practices to guarantee the enforcement of management plans (Anthony & Govindarajan, 2008). A single-case study qualitative approach was used and data was collected from semi-structured interviews. The object was a hospital in Brazil. The asset acquisition cost did not seem to interfere with the control practices adopted by the hospital unit. In this manner, the organization assets are recorded and controlled uniformly. In spite of a formal and structured internal control, an asset having a higher or lower acquisition cost does not directly interfere with control.

Financial systems around the world have undergone considerable development. This paper analyzes the effect of financial development on economic growth. It replicates the estimation of Beck et al. (2000), one of the pioneering research papers in this field. Then, it tests the sensibility of the results by expanding the sample of countries (99) and the period (1961–2010). This study contributes to the literature by analyzing differentiated effects when a country’s economic conditions are incorporated. The results show that the positive impact of financial development on economic growth found by Beck et al. (2000) becomes non-significant if financial crises and macroeconomic instability periods are taken into account. However, if income per capita level is considered, the impact becomes positive and significant in high-income countries and decreases in low-income per capita countries. This impact is influenced by each country’s level of education, level of financial deepening, and average inflation rate over the last ten years.

This paper describes the linguistic features of Afro-Peruvian Spanish as spoken in the municipality of El Carmen, in the immediate vicinity of Chincha. These are linguistic variants that can mostly be found in other parts of Peru, being always stigmatized as ‘peasant’, ‘vulgar’, etc. Some features, however, are rather unusual within their national context and may even be related to Caribbean Spanish or to other afrovernacular varieties spoken in Latin America. Against this background, some comments about the place of Afro-Peruvian Spanish in the Peruvian variational context and in the so-called Afro-Hispanic Linguistics turn out to be mandatory. Finally, this paper highlights the actual need of an accurate variational description of Afro-Peruvian Spanish, even more as the Afro-Peruvian community is demanding and, fortunately, gaining visibility in today’s Peru (although much work remains to be done).

This is the background paper for the productivity extension of the World Bank’s Long-Term Growth Model (LTGM). Based on an extensive literature review, the paper identifies the main determinants of economic productivity as innovation, education, market efficiency, infrastructure, and institutions. Based on underlying proxies, the paper constructs indexes representing each of the main categories of productivity determinants and, combining them through principal component analysis, obtains an overall determinant index. This is done for every year in the three decades spanning 1985-2015 and for more than 100 countries. In parallel, the paper presents a measure of total factor productivity (TFP), largely obtained from the Penn World Table, and assesses the pattern of productivity growth across regions and income groups over the same sample. The paper then examines the relationship between the measures of TFP and its determinants. The variance of productivity growth is decomposed into the share explained by each of its main determinants, and the relationship between productivity growth and the overall determinant index is identified. The variance decomposition results show that the highest contributor among the determinants to the variance in TFP growth is market efficiency for Organisation for Economic Co-operation and Development countries and education for developing countries in the most recent decade. The regression results indicate that, controlling for country- and time-specific effects, TFP growth has a positive and significant relationship with the proposed TFP determinant index and a negative relationship with initial TFP. This relationship is then used to provide a set of simulations on the potential path of TFP growth if certain improvements on TFP determinants are achieved. The paper presents and discusses some of these simulations for groups of countries by geographic region and income level. In addition, as a country-specific illustration, the paper presents simulations on the potential path of TFP growth for Peru under various scenarios. An accompanying Excelbased toolkit, linked to the LTGM, provides a larger set of simulations and scenario analysis at the country level for the next few decades.

This paper suggests reassessing the teachings of the Roman method of creation of law, based on the understanding of the ius as ars boni et aequi, which makes evident that the law has a practical purpose and, consequently, topics is the knowledge itself of the law, in which the centrality of the case is highlighted and the realization of justice in terms of what we would today call «effective protection of rights». The text argues that such an understanding presupposes the understanding of the dynamic nature of law, of its artificial nature as created by human beings and, therefore, perfectible, of the active role of the jurist in the construction of a more equitable right, which makes possible the realization of the balanced equality in the preservation of the values of reasonableness that good faith proposes, by considering the requirements of the case, in harmony with the principles that govern the system, in a permanent reconstruction of the balance between topic and system. In rethinking the application of law according to its nature, to the essential function of serving coexistence, and of making the values of a social State of Law a reality, the paper analyzes the experience of Peruvian jurisprudence in the «precedents» of the Supreme Court of Justice, examining several of its most emblematic judgments, under the perspective of topics and, in general, of the Roman method of creating the law.

In this article, readers are going to see how foreigners’ children have been treated in the Japanese educational system. Until now, Japan does not have a specific principle idea in their policies; therefore, those are not stable and concrete. In order to investigate how national policies and its doctrine are important in the educational system, this article has examined Australia as a nation introducing the principles of multiculturalism and France as a nation introducing the republicanism in their integrated politics by doing a literature research. The literature that was used in this paper include the policies and critical papers written by experts that has allow us to analyze the pros and cons of their policies. As a result, the Japanese government is urged to create a concrete policy that would support foreign students to better adapt to the society and become a productive human resource to improve the country’s wellbeing.

This paper is intended to address in a synthetic way but with recent citations of the doctrine and jurisprudence some general principles of law, in order to contribute to the systematization, content, and affirmation of the general principles of law, and so, achieve the goal of a better law, the development of legal science and the progress of society. This paper makes particular emphasis on Colombian law, but it is projected as well inside the civil law tradition.

This paper shows a mismatch between a real and pressing demand for a philosophical analysis that allows us to explain the emergence of new phenomena in law, and the limited supply of theoretical tools to satisfy this demand by the traditional model of positivistic science of law. After an initial diagnosis of a mismatch between supply and demand, the resistance of legal positivism to accept practical rationality stands out as a core problem of the traditional model of positivistic science of law and the viability of this way of rationality is defended. The paper concludes with a proposal for the reinvention of the philosophy of law of the 21st century that incorporates new objectives and rethinks its method.

This paper aims to explore the functions of the theory of legal argumentation (TLA) on Constitutional States and will especially focus on the political and self-reflective functions of the TLA within the framework of a neo-constitutionalistic legal theory. The first part of the paper includes a definition of the TAL and an analysis of its main functions. At the end of the paper the author provides the bases for the development of a neoconstitutionalistic legal theory.

Based on the theory of the emotions proposed by Martha Nussbaum, the present paper proposes a theory of rationality and judicial reasonability that includes emotions as a necessary element. With this, it is possible to pass from a purely deliberative-abstract model of judicial argument to a narratively open one, in which empathy and literary imagination play a fundamental role. I will argue that emotions have a concrete manifestation in at least three relevant circumstances: the value of testimony, that of empathy, and that of literary imagination. However, the place of emotions for the project of judicial rationality is subject to institutional restrictions such as rules of law, procedures and precedents. With this in mind, a sketch of theory on the narrative rationality in judicial contexts is presented in the last section of this paper.

My goal for this paper can be presented as follows: I will attempt to show that objections to intuitionism, although they are serious, do not undermine entirely its fertility for knowledge and moral reasoning. This is probably the perception of contemporary philosophers like David Enoch, Robert Audi, Russ Shafer-Landau or John McDowell. In order to fulfill the objective mentioned above, I will do the following. First, I will outline broadly two of the paradigmatic features of moral intuitionism in order to identify it as a particular metaethics doctrine. Secondly, I will summarize some of the main objections that have been raised in order to discredit the value of moral intuitionism as a source both of moral knowledge and of valid support for moral reasoning. In third place, I will try, also briefly, to explain some of the possible (not all of course) answers to the objections previously mentioned in the paper. Fourth, I will recapitulate the more fruitful aspects of intuitionism, especially in regard to moral reasoning.