Given the circumstances analysed above, it seems like a fairly positive end result 36 years after the instatement of democracy and 33 after the autonomous regions were created.
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It also reveals the importance of this newspaper, which has had a clearly dominant position in the Catalan press market since the early 20th century — more than the Diario de Barcelona in the 19th century — despite its distant if not hostile attitude towards political Catalanism. For the time being, the success of RAC1 is a. Journalism and history in a change of era CSSR, 8 19 The fact that the newspaper founded in Girona in purchased its former elder sibling from Barcelona is a good sign of the direction of the evolution of the Catalan press since the 23rd of April , the date that the first Catalan-language newspaper authorised since the end of the Civil War appeared.
Thus, they were all the direct or indirect mouthpieces of the parties, with the sole exception of La Renaixensa, which advocated promoting Catalanism without ties to political action. Therefore, the rise of the Catalan-language press was not the hallmark of the democratic transition, unlike in the Second Republic. Regarding newspapers, the new development at this time is the official support that they receive from governments, in the midst of the crisis in traditional print media and their replacement by computers, just a few years after the previous replacement of typographic printing by offset printing.
They are the political parallels to those actions undertaken by the Spanish government to help finance the technological reconversion and promotion of the press at school, which is complemented in Catalonia with support for linguistic normalisation. A less apparent new development, which is nonetheless structurally important, was the unexpected expansion of the local press, in which the Catalan language is in majority use, although it is exclusive only in the daily press in Girona and Manresa. Nor should we forget the distant forerunner: the gazettes translated from French in , the most similar of the two newspapers under French domination from and the magazines from and The process now underway without interruptions in humorous, literary and political newspapers, the successive newspapers of Catalanism, and a wide variety of magazines are also the history of the quality and innovation of journalism in Catalonia.
Without deflecting interest from the leading newspapers and magazines in Spanish, which are otherwise barely studied, there are three prominent aspects in the innovation of journalism in Catalan which the research has brought to light. The second is the quality of the texts and images in the satirical, literary, sports and political magazines from the first third of the 20th century, most of which drew from French inspiration. For an analysis of its role in the 19 th century, see Guillamet, The most recent contributions are by Capdevila, ; Singla, ; Geli i Huertas, , and Tresserras, Journalism and history in a change of era CSSR, 8 21 The Catalanist rectification of La Vanguardia in the late 20th century includes a complete approach to the more dynamic sectors of Catalan culture, and its most advanced and prominent writers appear on its pages the way they had not in the first third of its history.
The end result of the cycle was the publication of two Spanish-language — with both editions translated into Catalan- and two Catalan-language newspapers in Barcelona, with the presence of Ara since November , although not exactly El Punt Avui is a unique case which can cause headaches in researchers into the administration and interpretation of records, which is always so sensitive. It is the absorption of a newspaper from Barcelona by another from Girona, where the company is headquartered, although it has kept the numeration of the former, such that it can be considered the second longeststanding Catalan-language newspaper.
The existence of an equal number of national newspapers in Spanish and Catalan — from Barcelona and Girona — is unprecedented, despite the gulf 9. Despite this unfavourable presence in the literature, La Vanguardia is still hesitant towards historiographic contributions about the newspaper. The publication of corporate histories is quite common among the major newspapers in the world, such as The Times, The New York Times and Le Monde, among others. A third feature, which it shares with El Punt Avui, is its pro-independence political orientation.
This is also a sign of the times, not only because of the increase in this ideology as an important option among the Catalan electorate but also because of the tendency towards greater political commitment among newspapers. This is not limited, as it was in the past, to expressing positions in editorials and opinion columns but instead extends to the selection of topics, the presentation and treatment of the news and the mix of information and opinions, and even the cover headlines, that have been clearly delimited until now.
This phenomenon is not exclusive to Catalan-language newspapers or the Barcelona press but is currently much more accentuated in the majority of newspapers in Madrid as well, principles in some cases verging on the violation of professional. Otherwise, we cannot fail to consider and analyse the specific editions of the five Madrid newspapers in the newspaper market in Catalonia since the transition. The result is an extensive range of options, with even more titles at regional points of sale, revealing the enormous fracture in the supply and the demand in a context of sustained market contraction.
This leads us to new considerations about the heavy politicisation of the press as yet another symptom of its crisis and the crisis in journalism itself. Duly noted. Madrid: Taurus. London: Penguin Books. Barcelona: Curial. GELI, C. Mirador, la Catalunya impossible. Barcelona: Proa. Barcelona: Flor del Vent. El cas. Journalism and history in a change of era CSSR, 8 23 Vic; Barcelona: Eumo. Madrid: Universitas. Barcelona: Angle.
Madrid: Langre. Columbia: University of Missouri. Madrid: Fragua. Jaque al virrey. Madrid: Akal. Historia de la prensa. PLA, J. Barcelona: Nova Terra. Deadline: A Memoir. New York: Random House.
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Barcelona: Bruguera. The Kingdom and the Power. Le journal. Paris: Albia Michel. These variables are shown to explain much of the variation in child gender roles, supporting an important child-parent mimicry effect in gendered behaviour. Key words: time allocation, gender roles, intergenerational transmission, Spain. E-mail: majenjo uab. Introduction Until quite recently, the traditional family model predominated.
Specifically, the gender roles were highly compartmentalised between the members of the couple, such that the man was the sole breadwinner while women were in charge of unpaid work. The revolution brought about by the massive influx of women into the job market shattered this clear distinction, and the model of dual-income couples in which both members participate actively in the paid job market is now in the majority today.
Despite this change, in many couples the man is still primarily in charge of paid work, while the woman still bears most of the burden of unpaid work. In this article, we use household work in a similar sense, in that we evaluate the different behaviour of sons and daughters as an indicator of the transmission of traditional gender roles.
The behaviour of sons and daughters at home will also provide us with a glimpse of the future organisation of households; that is, with due caution, it will allow us to predict whether couples of the future will be more egalitarian than couples today. The new version of this survey, from , offers an opportunity to examine the issue with more recent data. The family is the place where children are first exposed to gender differences Berk, and where, by observing and imitating their parents, they learn and develop behaviours relative to their own gender Bandura, According to socialisation theories, gender roles are learned at quite a young age and become fixed and inalterable Wight, In the opinion of.
Intergenerational transmission of gender roles CSSR, 8 27 Cunningham b , by observing some behaviours that their parents demonstrate, sons and daughters learn a series of gender symbols which they will later reproduce to represent themselves as male or female in similar contexts. That is, the behaviours are learned in childhood and reproduced when adulthood is reached, specifically when a new couple is formed. From this vantage point, it is argued that if roles are learned in childhood and are fixed and inalterable, they should be reproduced throughout the entire life cycle, and that this does not always happen; instead, major changes can be seen depending on the family context and circumstances at any given time Gupta, As mentioned above, there are many studies that show how more traditional attitudes in parents serve as predictors of more traditional behaviour in children.
And in this sense, the division of unpaid labour within the household is often used as an indicator of more or less traditional behaviour. Parents with more traditional gender attitudes are associated with an increase in household chores for daughters and a decrease for sons Blair, But it does not end there, as not only do the daughters have a higher burden of household chores but they also tend to be responsible for different chores Blair, ; Wight, Evertsson found in Sweden, one of the countries considered the most egalitarian, that girls did more chores inside the home as well as providing more family and personal care, while boys did more chores outdoors.
Previous studies also. Working mothers frequently appear as a determining factor in equality in the transmission of gender roles. This leads to the transmission of more egalitarian values, first because working women spend less time on unpaid work than unemployed women do, which means that the children see their mother spend less time on stereotypical household chores Wight, In the sense, household chores lose some of their association with a given gender and become perceived as a family affair to which all members must contribute. However, we should bear in mind that there are two effects whose interconnection leads them to be confused as the underpinnings of the transmission of roles.
Consequently, higher education lowers the amount of time women spend on unpaid work and increases the amount that men spend on it Bianchi et al. However, education is also related to a variety of factors which all run in the same direction, so it is difficult extricate their separate effects.
A higher educational level in women is closely related to employment, and both have a similar effect on attitudes towards gender roles. Objectives and hypothesis The purpose of this article is to draw from the information from the Time-Use Survey to evaluate the transmission of gender roles from parents to their sons and daughters. If this transmission is found, it seeks to analyse under what conditions it is stronger and what factors lead more traditional values to be transmitted.
In this sense, and since today the majority of adult couples. Intergenerational transmission of gender roles CSSR, 8 29 As mentioned above, the greatest difference within couples today comes from participation in unpaid work and specifically the amount of time that men and women spend on it. Thus, we have considered that a couple shows traditional behaviour when the difference in the amount of time that the two partners spend on unpaid work is very high and the woman spends more hours on it.
Likewise, the traditional or egalitarian transmission of gender roles shall refer to the amount of time that daughters and sons spend on these chores. It is taken for granted that, just as in many countries in central and northern Europe, the transmission of roles depends on both the characteristics of the couple and the characteristics of the partners individually, and that equality within the couple is what more strongly determines the more egalitarian transmission of roles. However, we should not forget that all of these variables are closely tied together.
A higher educational level in the woman tends to mean higher participation in the job market; in consequence, the higher the income level in the couple, the more time the father spends on unpaid work, and so on. What we shall examine in this article is which of these variables are the most important, and we shall attempt to evaluate their net effect.
It is used by all members of the household aged 10 and over on a given day, the same day for everyone. And this is the major advantage of this source: that it provides comparable information on all the members of the household. The diary encompasses all 24 consecutive hours in a given day, from six in the morning until six am the following day, in tenminute stretches.
In each of the intervals, the interviewee must jot down the main activity they are performing at that time, along with other information. The activities are codified according to the harmonised list developed by Eurostat, which consists of up to ten major groups. In this article, we are Between and , under the directives of Eurostat, the first set of time-use surveys were administered in different European countries, among them Spain Harmonized European Time Use Surveys.
Recently, the second edition of this survey was administered. Specifically in Spain, the data were gathered between October and October In order to evaluate differences in the transmission of gender roles between sons and daughters, we chose households made up of a couple consisting in one man and one woman and at least two children between the ages of 10 and 19, one of each sex, both of whom stated that their main activity is studying.
Even though these requirements led to a steep drop in the sample size, it was deemed that analysing this kind of household, where the boys and girls share the same environment, would enrich the analysis. What is more, in approximately half the households, is there at least one child of each sex, and only households are they both students between the ages of 10 and Indeed, the final sample size was families.
As we shall see below, this circumstance will condition how some variables were processed. The design of the analysis allowed us to work with a single dependent variable, namely the difference in the amount of time that girls and boys spend on unpaid household chores. Since this is a quantitative metric variable, it was analysed based on fixed effects variance analysis models. Since the independent variables are qualitative, they determine a series of groups in the dependent variable. The model measures the statistical significance of the difference between the means of the groups determined in the dependent variable by the values of the independent variables.
Given that the explanatory variables are categorical, for each of the p variables introduced into the model, a reference category was determined. Much of the loss in the sample size was because in many households one member did not fill out the entire questionnaire, especially the children, who did not fill out the most timeconsuming part, the activity log. Because of the characteristics of the analysis we wish to undertake, if any member did not fill out the diary, the household could not be analysed.
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Intergenerational transmission of gender roles CSSR, 8 31 The tables show the estimated coefficients for the model, which are interpreted in the same way as the coefficients obtained in a regression that uses categorical variables, given that this analysis is simply a specific case of general linear models. The first is the constant 0. Specifically, different kinds of analyses were performed. The first were two-variable models, by incorporating each of the independent variables separately see the one-variable model in Table 2. Secondly, in order to evaluate the contribution of each variable by eliminating the effect of the others, we added the set of variables see Model A on Table 2.
Finally, with the goal of estimating the influence of other variables, we created different models which could also provide clues as to why some variables were more or less important see Models B and C in Table 2. The small sample size led to a loss of detail in the information provided by the independent variables, which we had to reduce to only two categories in the majority of cases. In order to carry out this reduction, we took two criteria into account: there should be no category with too few cases, and the categories where the differences between boys and girls was the most pronounced should not be lost.
The independent variables used in the models were: educational level of the mother and father, educational homogamy, income level of the household, kind of couple according to their employment status, and amount of time the father spent on unpaid work.
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In addition to these variables, we added the time when the information was gathered, that is, the day of the week when the activity log was filled out, as a control variable. Ultimately, these three categories were reduced to two: couples in which the man has a higher educational level than the woman, and couples in which the woman has the same or a higher educational level than the In this sense, in the sample design we considered that the days of the week with the most variability in activities carried out by the population should be overrepresented, which were considered to be Friday, Saturday and Sunday.
This criterion was maintained in the article, such that when we speak about workday or school day , we are talking about Monday to Thursday, while when we speak about weekend we are referring to the other three days mentioned above. The cut-off was set at 2, net euros per month, such that two categories are analysed, above and below this amount, plus a third one with no response. Because of the characteristics of the sample, the last category was non-existent. Of the other three, we chose to consider dual-income couples and couples in which only the woman works within a single category due to the similarity of their behaviour, while traditional couples were in a second group.
The last variable taken into account is the amount of time the father spends on unpaid work.
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Just as in the other variables, in this one we only had two categories: fathers who do no unpaid work or do less than one hour per day, and fathers who do an hour or more of unpaid work per day. Even though the literature shows that there are other variables which may be important, they were discarded, among other reasons because of the sample size.
However, let us examine them in further detail. Thus, while in some specific groups the difference between the man and the woman is practically non-existent, when a small child is around this logic is completely ruptured, and the mother starts to spend much more time on unpaid work than her partner Gershuny et al.
However, despite the interest in analysing this variable, in all the households in the final sample there was a scant presence of children under the age of The same holds true with the availability of domestic help in the household, which tends to lead to a reduction. This grouping was made after constructing the models with the three most logical categories of this variable and concluding that there were never significant differences between couples in which the woman had a higher educational level and couples in which both partners had an equal educational level.
A brief exercise was conducted with the goal of evaluating those who did not respond. We found that generally speaking, their behaviour is more similar to those who earn more than 2, euros per month than to those who earn less. People who cohabitate but are not registered as such had to mark the marital status question as married. Intergenerational transmission of gender roles CSSR, 8 33 Results The fact that the unit of analysis is siblings ensures that many of the characteristics of the boys and girls are the same in terms of the characteristics of both their parents and the children themselves.
In this sense, we shall make a brief note on age: although a homogeneous group was chosen, we found certain differences in the age difference at which boys and girls leave school. They are minimal, yet they do exist: the mean age for boys is Regarding the first results and the hypothesis that sons and daughters usually show different behaviour, we can see that this is indeed true: the girls in the sample spend more time on unpaid work than the boys. Specifically, the girls spend an average of one hour per day, while the boys spend a little over half an hour see Table 1. This difference is almost entirely found at weekends Friday to Sunday , while on workdays it is virtually unnoticeable: the difference is only two minutes on workdays, while it is almost one hour from Friday to Sunday.
Table 1. Amount of time spent on unpaid work by each member of the family. This difference most likely comes because girls study long than boys, so some boys aged 16 to 19 have already joined the job market and have disappeared from the sample. Regarding the variables analysed, we should stress that the majority show significant differences in transmission, meaning that what was found in other countries in Europe is also confirmed in Spain: transmission depends on the characteristics of the couple.
In the sample, we observed that the children of the former are about 55 minutes 0. These four variables, which are significant when analysed separately, are also significant when analysed as a whole see Model A on Table 2 , such that regardless of the remaining characteristics, there is a lower transmission of traditional roles in households. Intergenerational transmission of gender roles CSSR, 8 35 Thus, all the variables that the literature shows as crucial in greater or lesser equality between the father and mother are also important in the transmission of gender roles, and always in the expected direction; that is, those characteristics which lend themselves to greater equality in the couple also lead to the lower transmission of traditional gender roles.
The reason is its strong correlation with other variables, primarily income level. Thus, mothers with a university education end up living in households with higher incomes, which are also the households where more equality is transmitted to the children. Thus, both income and educational level Model A and Model C separately lead to changes in the transmission of traditional roles, but together they do not.
We could say that income level acts as an intermediate variable, such that mothers with university studies achieve a higher income level for the household, which leads to a more egalitarian transmission of gender roles. Likewise, two salaries tend to mean a higher income, so including both variables somehow detracts from each other. However, what does stand out more than this influence exerted by income level on the other variables, which partly lessens its influence, is that except in the case of educational level, the relationship remains in the other variables.
Thus, we can conclude that if there is income equality, traditional couples transmit gender roles much more than other couples, since if there is equal income and equal types of couples, the woman having an educational level equal to or higher than the man leads to the transmission of more egalitarian gender roles. As mentioned in the section on methodology, this variable cannot be kept with homogamy, such that it was analysed by generating a new model. It is possible that what lies behind this last statement is the possibility of outsourcing some services which a higher income level allows; this is an effect which, as stated above, we were unable to evaluate.
Table 2. Intergenerational transmission of gender roles CSSR, 8 37 One-variable Sig. First, as the literature states, the influx of women into the job market is viewed by the majority of the population as something entirely normal, such that the kind of relationship that is valued the most is when both members work Dema, ; Macinnes, In this sense, dual-income couples are no longer the exception but the rule.
Secondly, the fact that this less traditional gender role transmission has not only a gross effect but also an important net effect is unquestionably an added value which can be interpreted in terms of mimicry. Generally speaking, we should first stress that gender differences appear at very young ages, in that in the period between preadolescence and young adulthood the amount of time girls spend on household chores is significantly higher than the time spent by their brothers, and the most important differences occur at weekends more than on workdays: from Monday to Thursday neither boys nor girls participate very actively in unpaid chores at home, while at weekends they contribute more, and this contribution is much less equal.
However, despite this behaviour clearly marked by traditional gender roles, the characteristics of the couple — either the individual members or both. The characteristics that lead to greater equality, in the sense of a lower transmission of the traditional roles, are having a higher income, both members of the couple working, the woman having university studies or an education level equal to or higher than the man, and the husband making a considerable contribution to unpaid work. Thus, everything seems to point to the fact that these four variables yield more egalitarian behaviour in couples, in this case measured by the amount of unpaid work done by the man.
If this unpaid work by the man is significant in itself but if the other variables are not the same, we would conclude that their significance is conditioned by the fact that it is yet another indicator of this equality within couples. Do these results enable us to predict more egalitarian behaviour of couples in the future?
If we pay attention to the theories of socialisation, yes, in that more egalitarian values are being transmitted to the new generations which they will presumably reproduce in the future. Therefore, when they enter a partnership, the division of labour will be less stereotyped by gender. However, there are other factors that are more difficult to predict which could counteract the positive effect of more egalitarian values.
Thus, even though the transmission of more egalitarian values to children is important to the greater future equality of couples, it must be accompanied by other factors that facilitate this equality. Intergenerational transmission of gender roles CSSR, 8 39 Social Learning Theory. Englewood Cliffs, N. BEM, S. The Lenses of Gender. New Haven: Yale University Press. BERK, S.
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New York: Plenum Press. Changing Rhythms of American Family Life. New York: Russell Sage Foundation. DEMA, S. Oxford: Oxford University Press. The Social and Political Economy of the Household. New York: Viking Press. Time-Use Survey Madrid: Instituto de la Mujer. Being Together, Working Apart. Cambridge: Cambridge University Press. WEST, C. R University of Maryland. Translated from Catalan by Mary Black Abstract The system of conflict of laws and the principle of unity of jurisdiction are under the influence of the plural composition of the Spanish legal system in civil law matters.
The aim of this article is to examine cases in which the rules on conflict of laws should be applicable in order to determine the application of Catalan civil law. Key words: private international law, interregional law, rules on conflict of laws. Brief introduction The goal of this article is quite modest: we might even say that it is lacking in ambition. It is modest first because it simply aims to shed light on when it is appropriate to apply the rules on conflict of laws in order to establish that a given de facto affair is governed by Catalan civil law.
This is a question which I believe is accepted and known by both practitioners and courts, but it is worth noting that the peculiarities stemming from the unity of jurisdiction in the legislative plurality that comprises the Spanish legal system hinders a highly precise delimitation. Therefore, we should say that this text does not aspire to definitely close such a delicate issue as the legal basis or underpinning for the application of Catalan civil law, which until recently was completely open and, as we shall see, still presents doubts in some doctrinal spheres. Consequently, the goal is simply to state when it is appropriate to apply the rules on conflict of laws to determine the application of Catalan civil law, and when, therefore, it is not appropriate to apply them.
Departament de Dret, Universitat Pompeu Fabra. Ramon Trias Fargas, E-mail: albert. The applicability of Catalan civil law One might think that wondering about the condition of applicability of Catalan civil law is almost absurd, especially for a merely internal affair.
Indeed, in a domestic affair which has no link other than with Catalan civil law, is it necessary to justify the application of this law? Perhaps the question becomes clearer and even stranger if we ask it and project it onto the applicability of French law by a French judge, for example.
In this sense, it almost goes without saying that a French judge is not obligated to justify the application of the French Civil Code. To the contrary, this same judge would be obligated to argue why he or she is applying a foreign law, the Spanish Civil Code CC or the Catalan Civil Code, in the event that the affair is linked with any of these civil laws coexisting in Spain. The counterpoint that I just mentioned therefore puts us on alert because — unlike what might happen in unitary systems, such as in France — in Spain the constitutional system protects civil plurilegislation.
Indeed, the question we should ask is whether a Spanish judge must justify the application of Spanish civil law the way a French judge could. However, as the reader must have already guessed, the question is much more complex here because even though we could posit a Spanish judge — that is, one belonging to a particular jurisdiction, the Spanish jurisdiction — we cannot truly speak about the application of Spanish civil law but should instead speak about the application of one of the civil laws coexisting in Spain.
Therefore, the question is sharper-edged and more ridden with different angles that must be taken into account. In reality, the content of the question is so complicated that it must be adapted in order to mould it to the plurality that shapes the legal system on civil matters in Spain. This is why the question that should be asked is: Should a Spanish judge have to justify the application of any of the civil laws coexisting in Spain, and more particularly Catalan civil law?
The answer is neither facile nor immediate. Thus, we could say that if the question is more complex, as we have seen, so is the answer. The unity upon which the exercise of jurisdiction is built means we have to talk about just a single jurisdiction, Spain, even though this jurisdiction applies different civil laws depending on the matter at hand. However, precisely this plurilegislative situation is what forces a question which would be completely incongruous in other circumstances and other places.
For this reason, it should come as no surprise that numerous resolutions justify the application of Catalan civil law with article This is almost always a clause that would affect any material sphere, including family, successions or inheritances. The application of Catalan civil law in Catalonia CSSR, 8 43 Therefore, the question should be framed within the plurilegislative nature that defines the Spanish system.
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However, it is known that this note of plurality that characterises the Spanish system does not in itself mean a conflict of laws. Despite this, the justification reproduced appears in multiple judicial resolutions without the need for the legal matter to show any degree of heterogeneity, and yet the rules to resolve conflicts of laws are nonetheless invoked. In any event, what stands out is the fact that the courts need to vindicate the application of Catalan civil law. Despite this, the challenge which should theoretically be posed by any judge from the Spanish jurisdiction is not always dealt with in the same way.
Therefore, we could wonder whether the Spanish courts justify the application of one Spanish civil law or another at all times and all over Spain, and more specifically, whether this approach can be insisted upon even with regard to legal matters which could be considered purely domestic, homogeneous or internal. If the affair is purely internal, not only is there no doubt regarding the applicability of the Civil Law, but there is also no need to justify its application. Consequently, we must determine the motives that lead the same jurisdiction, the Spanish jurisdiction, to justify the application of some of the civil laws coexisting in Spain in some cases, while directly applying another of the civil laws coexisting in Spain in others, without anyone questioning the grounds upon which this application rests.
The reasons leading to the justification of the applicability of Catalan civil law The differences in the treatment or, if you will, in the condition of applicability of a given Spanish civil law is based on different considerations which are somewhat intertwined. Perhaps the factor that plays the most prominent role in this issue is the completeness of the state law, its suppletory nature and the diminishment to which Catalan civil law has been subjected historically. Therefore, plurilegislation has been alien to the shaping of the very structures that make up the state in Spain.
The goal was to eradicate this circumstance with the Spanish Constitution SC , but the inertia, resistance and — in the sphere we are examining — the principle of unity of jurisdiction have made that extraordinarily difficult. This is a peculiar yet crucial piece of information in the Spanish system that does not occur in any other country within our cultural milieu. Usually, plurilegislative regionally-based systems — obviously, I am referring to plurilegislative private law systems — entail a plurality of jurisdictions such that each territorial unit has its own law and its own jurisdiction such as in the United Kingdom, Canada, the United States and Australia.
A plurilegislative system in which there is simultaneously a plurality of jurisdictions does not. Indeed, when faced with a circumstance associated solely with system X, the courts belonging to jurisdiction X would apply their own law without having to consider or justify the application of their own law. We should not forget that historically, the jurisdictional function in the different territories in the Iberian Peninsula was exercised in a sovereign way.
However, the unification of the jurisdiction and the existence of an unequal, imbalanced plurilegislative system has led to the clear supremacy of state civil law. In this sense, the application of state law is assumed to be a natural consequence, while to the contrary, the application of a Spanish civil law that is not state law occurs in a fragmentary, infrequent way and is only reserved for certain clearly determined spheres. In short, it is viewed as an anomaly. However, this conception in a plurilegislative system such as the one currently in force in Spain — which nonetheless continues to have a single jurisdiction — is difficult to sustain.
Equating the Spanish jurisdiction with one law or the other is tantamount to distorting the structural plurilegislation with which the Spanish system was envisioned in the SC. Although it is true that the jurisdiction serves a state function, this does not equate it with state law per se but with the Spanish system, meant as the simultaneous presence of the laws produced by both the central state and the regional lawmakers. This completeness itself does not alter the suppletory nature of state law as a principle, but naturally it reveals that in order to resolve legal matters that are purely internal, in the sense that they have no association with any civil law other than Catalan civil law, the jurisdiction should apply this law without having to resort to state civil law, or perhaps by applying it in a suppletory fashion, but not as an effect of the remission from a rule of conflict.
The presence of plurilegislation, and in particular of the suppletory nature of state law, forces a justification that could not be understood otherwise. This complexity must be accepted, yet the inertia of the Spanish jurisdiction in the exclusive application of state civil law cannot be accepted. The application of Catalan civil law in Catalonia CSSR, 8 45 This does not mean that both state civil law and the regional civil law with which the affair is connected should be applied in the same legal matter.
In these cases, the simultaneous application of state civil law and a regional civil law is not the result of a conflict of laws but of the simultaneous existence of the unity of the system with regard to a given matter and the plurality of the system regarding other matters, or the failure to exercise the regional competences in this matter. This is the case of rulings in which the application of the recommendation provided for in the first book of the Civil Code of Catalonia is at stake.
The exclusive competence of state lawmakers in some of the aspects of the legal matter, or the failure to exercise the regional competence, thus sometimes generates a scenario in which even though there is no heterogeneity, pieces from different Spanish civil laws must be cobbled together: state civil law on the one hand and one of the regional civil laws on the other.
However, simultaneous application does not mean cumulative application. The cumulative application of state civil law and a regional civil law on a given legal matter is inadmissible when either of the two bodies of law is applicable, regardless of whether the matter is heterogeneous or homogenous. This claim must be maintained even if the content of the rules of both bodies of law is similar or even identical. It is probably not quite accurate to say that the jurisdiction applies the law of its territory.
The criterion of territoriality contained in articles Citing these precepts is then appropriate,3 yet it should not be necessary, at least if we contrast it with the way the Spanish jurisdiction operates in homogenous affairs linked solely to what is inaccurately called common civil law, in which no legitimising precept to apply state civil law is cited.
However, it turns out that the underlying presence of state law as the suppletory law and potentially, if I may, the law that is applicable vocationally, explains the invocation of articles In any case, what is inadmissible, albeit understandable, given the precedents outlined above, is that the rules on conflict of laws serve the purpose 3.
The application of Catalan civil law as the law designated by the rule of conflict Having clarified this point, if we notice an element of heterogeneity — either international or interregional — then the system of conflict of laws is activated, and the rules of this system are the ones that will determine the applicable law.
In theory, the territoriality expressed in article When dealing with a heterogeneous affair linked to different legal systems, the court is obligated to determine which law is applicable by the imperative application of the rule of conflict provided for in article All it must do is cite facts which include elements that are foreign or heterogeneous for the ex-officio application of the rule of conflict to be imposed and therefore for it to be unnecessary to cite the application of foreign legislation.
Consequently, prima facie the problem is not so much determining the applicability of Catalan civil law in a heterogeneous affair but determining the law applicable to the affair. Even if one of the bodies of law present is Catalan law, in order to establish that it is the applicable law, a pathway must be followed that is not always reflected in Spanish jurisprudence. Often a leap is taken into the void that neither provides clarity or fits the principle of legal security.
In terms of prescription, in interregional affairs it has been claimed — erroneously, in my opinion — that article CC, on the effect of remission provided for in article The actual accreditation of the designated foreign law is another matter. The application of Catalan civil law in Catalonia CSSR, 8 47 Therefore, article The aforementioned article As stated by doctrine, this provision is projected onto a wide range of obligations, both contractual and extra-contractual.
Despite this, the designation made by articles The incomplete nature of Catalan civil law in matters involving obligations and contracts, and the fact that it only calls for a complete, systematic regulation of the prescription, require hetero-integration to be considered without ceasing to apply Catalan regulations in relation to the prescription.
The justification of this argumentation is the preferential nature of Catalan civil law provided for in article CCCat. On the other hand, the Supreme Court states that the constitutional underpinning —. In these affairs, Catalan civil law would eventually be designated as a legal system which contains its own regulatory framework on specifically regulated matters. Indeed, the different instruments that would determine the applicable law would lead to the application of Catalan civil law, even though the doubt could arise as to whether this is really so when we consider that the remission to a plurilegislative system takes place whenever each of the territorial units has its own legal rules on the matter in contractual matters, in accordance with article Therefore, one could claim that the direct remission called for in the aforementioned provisions is operative only if Catalan civil law, as a system for a territorial unit that is part of the plurilegislation of the Spanish system, contains its own regulation on the matter.
If, however, this is a sphere in which the state lawmakers hold exclusive competences, plurilegislation would not be manifested and the determination shall be for the only law that regulates the matter at hand. Application of Catalan civil law as a law substituting the law designated by the rule of conflict Finally, I wanted to make one last point without seeking to delve too exhaustively into it. The application of a rule of conflict can obviously refer to a foreign law, and it is impossible for its content and validity not to be accredited. This situation has generated a major doctrinal and jurisprudential controversy which we shall not examine now.
Broadly speaking, we shall only say that in Spanish jurisprudence, three positions have been upheld: the application of the lex fori, the rejection of the legal matter, and the judge ascertaining the content of the foreign law ex-officio. The position that has been upheld in the jurisprudence the most often, regardless of how much it has been criticised, is the application of Spanish law for the purposes of lex fori.
However, it is not clear what this law is if we bear in mind that jurisdiction is unitary but the material regulation is plural, just as in the Spanish legal system. If one upholds that the law of the forum is applicable as a substitutive solution — and, I stress, regardless of the goodness of this solution — we must determine which Spanish civil law is applicable as long as there is regulatory plurality in the Spanish legal system to regulate the purpose of the lawsuit. The application of Catalan civil law in Catalonia CSSR, 8 49 Thus, the criterion of territoriality introduces a factor of proximity which explains why the application of the civil law of the place where the court hearing the case is located is upheld.
Madrid: Consejo General del Notariado. Barcelona: Atelier. Santiago de Compostela: Universidade de Santiago de Compostela. Barcelona: Bosch. This solution is not wholly satisfactory, and this means that there is a debate on this issue. Comentari al llibre primer del Codi civil de Catalunya. Disposicions preliminars. Translated from Catalan by Mary Black Abstract The article presents the new place of the figure of Ramon Llull in the modern civic and religious universe.
Llullism has had a clear impact on Mallorcan society since the 14th century, in parallel to the knowledge and the universitycentred and political debates he generated in the past. Llull was the Blessed Brother par excellence and the originator of the Fatherland, and he continues to be so in contemporary times.
Key words: religion, Catholicism, feminism, Llullism, modernity, education, Mallorca. All of them explain Llull based on his pedagogical vocation. Obviously, we are referring to two different pedagogical proposals with complementary perspectives and views. Edifici Guillem Cifre de Colonya. Valldemossa road. E-mail: pere. From this realm, we shall pose several questions which are more closely related to the use of the figure and work of Llull in schools and education in general, especially as a civic referent and a major cultural fulcrum around whom there were attempts to construct a regional, national or patriotic story.
This narration is essentially grounded upon social pedagogies meant in the broad sense. We shall primarily discuss two points in time. The first is the transformation that Llull and Llullism underwent after the liberal revolutions and, in consequence, the disappearance of a religious, political and cultural universe characteristic of absolutist, royalist regimes.
Llull is associated with power, yet at the same time he is connected to Franciscanism and traditional grassroots Catholicism. Secondly, we shall analyse some of the essential features of the celebration of the sixth centennial of the death of Ramon Llull on Mallorca This is an extraordinarily momentous event from the civic and political standpoint, a key moment in shaping the cultural driving forces teachers, professors, writers, journalists, etc. The civil story and the intangible space that Llull occupies in the story of modernity clearly extends beyond the religious sphere and, as it moved forward and secularisation was consolidated, Llull primarily became a cultural icon.
Overall approach to the topic Ramon Llull was a citizen of Mallorca, an atypical thinker in the 13th to 14th centuries who crossed the slippery boundary of critical orthodoxies and posited alternatives to conventional, standardised Christianity as it had traditionally been presented. Riera primarily cites Salmon Ramon Llull, inspirer and pedagogue of civil religion CSSR, 8 53 This facet of beliefs is interesting from the vantage point of the dynamic of modern spiritualities, but it is not what is the most attractive about Llull from the standpoint of the citizenry or the cultural world.
Llull is associated with the national culture understood within the conceptual framework of the European nationalisms which were coalescing all over the continent, dovetailing with the liberal revolutions. Ramon Llull fits the profile of the originator of the moderate liberal fatherland as a synthesis between the intellectual and the man of action.
From this standpoint, he is the inspirer of the Catalan language and holds a specific weight within the history of this language and literature. However, Llull is essentially a reference in the history of thinking and most importantly a link in the history of ideas. Yet this is not the view of Llull we wish to spotlight. In this case, we are interested in the relationship between Ramon Llull and education not so much in the Middle Ages or based on his oeuvre but through the Llullian narrative on Mallorca in the second half of the 19th and first third of the 20th centuries.
We could add even more facets to this multifaceted personality that Llull has been and still is. Llull the scientist, diplomat, ambassador, pedagogue, mediator and preacher render him a cultural, civic and pedagogical franchise. Science is neither the exclusive work nor exclusive outcome of academia, nor is wisdom grounded solely in experience or voluntarism.
This democratic, anti-fascist canon situated Llull as an individual who prepared a new time, tested new ways and ushered in a methodology and system to explain the world and the symbolic universe poised at the forefront of new developments in Europe. Can't figure out that last word? We've got you covered!
Hint Tokens get you over the hump in this stress-free word game! Maximize your word count on each anagram for maximum points! With over puzzles and more to come, you can keep playing 'til the cows come home! Quantes paraules podeu dissenyar? No hi ha cap resposta incorrecta! Cada paraula et guanya punts! Et tenim cobert! Comentaris Ressenya Policy.
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