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- ÍtemTendencias en la gestión de empresas sin ánimo de lucro. Caso: Cooperativas.(Universidad Cooperativa de Colombia, Facultad de Ciencias Económicas, Administrativas y Contables, Derecho, Bogotá, 2014) Pardo Martínez, Luz Patricia; Huertas de Mora, María Victoria; Malaver, Luis Eduardo; Archila Pachón, ClaudiaThis work presents findings from three cooperatives, selected as typical, among many case studies from previous research work by its authors as well as from the present one, to identify advances in knowledge among this type of actors in the social and solidarity economy in Colombia. This work deals with categories in the economic, social and administrative spheres, from a managerial perspective that takes into account the theoretical and doctrinal influences, along with their effects on, and the contexts of, the subjects. The article addresses the question: What are the main doctrinal and theoretical trends that support current and future administrative management by cooperative actors as an economic pillar of the solidarity system in Colombia? The work goes on to look at the materialized values as well as the practices that become historical trends of the movement. The characterization contained in the law whose purpose is to provide nature with recognition along with legal standing, in addition to the materialization of doctrine in its practices, proposes its fundamental bases. The study does not present conceptually universalized or globalizing results, but rather, by applying a phenomenological method, aims from the specificity and reality of the phenomenon to induce and compare those reflections.
- ÍtemSocioeconomía de la solidaridad. Una teoría para dar cuenta de las experiencias sociales y económicas alternativas(Universidad de la República, Montevideo, Uruguay, 2014-04) Guerra, PabloIn recent years, the concepts of solidarity economy, or socio-economy of solidarity, as we have preferred to call it in this work, has become widespread in the world of alternative ideas and economic practices. This field refers to numerous economic experiences (in the diverse phases of production, distribution, consumption and accumulation) involving solidarity, based on such values as cooperation, democratic participation, fairness, and care of the environment. The proposal of this work is to understand how economy and solidarity can be worked together. We will discover the existence of solidarity economic behaviors and even of solidarity enterprises which together form part of an economic sector that is different from both: the capitalist sector and the state sector. The idea of a socio-economy of solidarity refers to the importance of understanding the interwoven economy (Polanyi) in a particular framework of social rules. Therefore, our approach distances itself and questions the misnamed homo oeconomicus, proposing a more complex and realistic look at our socio-economic motivations, and a theory more in line with a plural economy in which solidarity behaviors and enterprises (cooperatives, fair trade organizations, responsible consumption organizations, ethical finance organizations, popular economic organizations, associative networks, etc.) can be analyzed and interpreted from a scientific perspective in which such disciplines as sociology, economics, anthropology and economic history all converge.
- ÍtemBases conceptuales para un análisis crítico del discurso administrativo y económico(Universidad Cooperativa de Colombia, Facultad de Ciencias Económicas, Administrativas y Contables, Administración de Empresas, Arauca, 2016-04) Botero Cedeño, Eduardo AndrésThis book is based on the idea of expressing a critical and thoughtful argument in relation to the epistemological principles that have supported progress in the economic and administrative sciences. In this sense, a divergent position is taken regarding the economic dogma represented in doctrinaire liberalism. The argument has been based on denouncing the distinction between an object and subject of knowledge as contrived, understanding, as did Baudrillard, that in the scientific exercise both agents are immersed in a radical equivalence. Methodologically, a hermeneutic exercise was carried out in which the interpretation constituted a transforming translation process, and the interpretative record became the fundamental basis for change. The work has therefore been composed of three interdependent essays, which address the concept of economic rationality, the discourse of productivity, and the implications of entropy for the economic and administrative sciences. The results of this research show the need to undertake an ontological and epistemological shift, both in analytical tools as well as the discursive justification that characterizes these disciplines of knowledge. The shift proposed in the work implies a transformation of economics as a scientific discipline, so that it will not continue to be developed as an epistemological mechanic of a reductive nature.
- ÍtemLos actuales desafíos del proceso de globalización(Universidad Cooperativa de Colombia, Centro de Pensamiento Global, Bogotá, 2016-05) Vieira Posada, EdgarThis book discusses the main challenges of the globalization process nowadays, concerning the adjustments to the neoliberal economic model due to the negative effects of financial crises, the development goals for the next fifteen years, the transcendental technological changes, their implications in the development of cognitive capitalism, the difficult task of facing the consequences of global warming, the implications of the prevalence of human rights over the rights of nations, and the possibilities of emerging nations in the redistribution of world power in an environment altered by the presence of fundamentalist groups. These challenges suggest the relevance of a globalizing process that, given the time elapsed, deserves changes worldwide.
- ÍtemInnovación social a partir de la generación de valor en cafés de alta calidad en el departamento de Nariño(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2016-07) Arellano Rosero, Carolina; Narváez De La Rosa, Gustavo AdolfoThis book describes the history of Nariño coffee growing from the voice of actors and managers involved in the process of appropriating the coffee chain as a value chain in the municipality of La Union (department of Nariño, Colombia). It starts from 2004, time from which the coffee grower has had an active voice and has engaged in dialogue and participatory decision scenarios motivated by the desire to give his production work a new status: entrepreneur. The strengthening processes in associations supported by entities such as Foundation Social and the formation of the first alliances are major milestones that underpin this work. The book consists of six chapters that deal with the main socio-political and economic aspects of Nariño, is current situation, lessons learned, achievements, difficulties, and areas for improvement, as well as the background that enabled the implementation of a roasting plant in La Union. This work makes an important contribution to coffee growing as a viable and sustainable job for farmers in Colombia. It is aimed at producers and managers of prioritized production chains in Nariño, research groups, entrepreneurs, departmental and municipal governments, scholars, scientists and students, and the general public interested in knowing in depth how social innovation processes are managed in the department of Nariño.
- ÍtemGeopolítica y geoeconomía en el proceso globalizador(Universidad Cooperativa de Colombia, Centro de Pensamiento Global, Bogotá, 2016-08) Giacalone, Rita
- ÍtemDemocracia, Estado e ideología(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Cali, 2016-11) Duque Silva, Guillermo AndrésThis book aims to present some of the theoretical proposals that have positioned in Ibero-American academia as philosophical alternatives to the liberal democracy ideology. In it, we find a variety of essays where authors take a stand for or against various understandings of politics in the 21st century. It includes from texts that constitute a defense of individualism and political apathy as an ideological choice to essays supporting a new praxis founded in the radicalization of democratic participation or the performance of violently revolutionary political acts. The importance of new trends in the so-called post-political era is explained: radical democracy, neo-republicanism, liberal socialism, possessive individualism, post-Marxism, new post-structuralism (Foucauldian reading), social psychoanalysis, and political theology. Thus, the classic problems of political philosophy are updated based on an overview of the new paradigms in contemporary philosophy and political theory.
- ÍtemBreve estudio descriptivo del fenómeno ambiental en sus dos dimensiones: daño ambiental y daño ecológico(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04) Rivera Olarte, Francisco JavierIntroduction: this article presents a descriptive study on the treatment of environmental damage in its double legal assessment, based on the general theory of damage. It includes some relevant jurisprudence and case law trends in recent times, in order to inquire whether the transposition of classic damage is sufficient to understand environmental damage and ecological damage, taking into account its features and the characters of environmental damage. Methodology: the descriptive approach and the deductive method were applied to study the environmental phenomenon from its two conceptual dimensions: environmental damage and ecological damage, which respond to realities, effects and liabilities that are appreciated differently. These aspects should be assessed holistically in order to establish a clear vision of difference and similarity factors, with their consequent involvement in responsibility. Results: conceptions of environmental damage and ecological damage, from the legal point of view, cannot be treated as equivalent meanings, since difference factors have been established from jurisprudence and case law, finding that the natural environment represents the difference factor between classic damage and environmental damage, while similarity is given by the effect on the personal, equity and moral spheres they connote. Conclusions: in order to attain a correct meaning of environmental damage, it is necessary to detach it from its equity implication and avoid establishing priority categories of environmental damage over ecological damage.
- ÍtemLa educación en derechos humanos: un aporte al posconflicto(Universidad Cooperativa de Colombia, Facultad de Derecho, Maestría en Derechos Humanos y Gobernanza, Bogotá, 2017-04) Calderón Martínez, Andrea XimenaPurpose: Colombia is currently going through a historical moment framed by a peace process that, if achieved, will lead to a perhaps more complex stage than the very war it intends to end. Thus, it is necessary to emphasize the fundamental role played by human rights education in facing this new course. Themes: in post-war times, it is essential to pay special attention to issues such as education and pedagogy, both within a context of human rights that, in times of conflict, were violated on a large scale. Development: a brief overview of the history of human rights education, coupled with the experience of some countries that have already gone through a period of post-conflict, show that human rights education is key to improving coexistence and peace, especially on the eve of a potential post-conflict period in Colombia. Conclusion: the relevance of implementing human rights education is elucidated as a determining factor so that substantial efforts are made to promote a peace culture.
- ÍtemProceso monitorio: ¿Qué hacer cuando no se logra notificar personalmente al demandado?(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04) Rincón Almeyda, ArielTheme and scope: the order for payment procedure has been one of the legal institutions that has generated the most comments and raised concerns in the Colombian legal community since it was proposed as an institution to be incorporated into the General Code of Procedure. This procedural institution dates back to the Middle Ages and has been historically introduced in different procedural systems. Characteristics: some of the characteristics identified are speed, the possibility of a final judgment, and its strictly pecuniary nature. Findings: however, the incorporation of this legal institution entails the problem of its disuse, because, when the defendant cannot be served, the legal option that the plaintiff has is to withdraw the claim and initiate another type of legal action. Conclusions: the purpose of this article is to prove that the limitations imposed on the form of summons in the order for payment procedure lead to the denial of justice while the citizen ends up not using the order for payment procedure, but traditional methods in order to obtain a writ of execution.
- ÍtemLa falta del registro de nacimiento y la vulneración de los derechos humanos(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04) Ledesma Lois, Carlos Alejandro; Nettel Barrera, Alina; Ledesma Lois, Florencia AuroraIntroduction: at present, in the territory of the United Mexican States, there is an imprecise number of human beings whose birth has never been recorded, which leads to several negative consequences for the exercise of their rights and has an effect on three different dimensions: A factual dimension, as the State denies services such as access to healthcare, administration of justice by courts, or participation in social security and education programs; an axiological dimension, since the human being is materially excluded from society, depriving them of the legal security that covers those who can identify themselves; and, lastly, a regulatory dimension, when individuals are denied recognition by the State. Methodology: the research problem is approached from the legal realism method, based on the analysis of phenomena that are present in object of study and its explanation, in relation to the sociological, economic, and legal consequences. Results: according to the figures presented, it is estimated that in our country there are around 10 million human beings whose birth has never been recorded, so they do not have access to healthcare, education, justice, recreation and free comprehensive development. Conclusions: the protection of human rights is seriously compromised by the lack of a birth certificate. In this sense, individuals are materially inexistent to the State and are denied the exercise of rights essential to live a decent life.
- ÍtemLa vulneración de los derechos de autor en el libre acceso a la información disponible en Internet(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Cali, 2017-04) Barrios Medina, Jorge Alexander; Tafur Mangada, Sacha JavierPurpose: this article aims to analyze, from a legal perspective, the violation of copyright in relation to free access to information in the cyberspace in Colombia, and demonstrate how they are deliberately violated nowadays, even more so when Internet access is growing increasingly. Description: it is pointed out how information and communication technologies now allow access to the knowledge found in books, judgments, articles and, generally, different documents. It also broadens knowledge in various areas and fields of society. Point of view: the authors intend to examine the legal conditions of the right to free access to information in Colombia, and to identify legal mechanisms to protect such rights and how effective they are. Conclusions: the reader can get familiar with the poor practices that are usually followed in the preparation of academic and professional papers, which end up infringing copyright—in most cases, involuntarily—due to the use of inadequate techniques in the search for and processing of information.
- ÍtemEl concepto de cultura del derecho de autor(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04-30) Charria García, FernandoPurpose: this article contains a conceptual elaboration on the copyright culture, for which an approach is made to the concept of copyright, as well as the dimensions and theories that support it, in order to determine what a work is and its corresponding rights. Description: the research is an approximation to the concept of political culture that has favored an explanation for the values, feelings and beliefs of people’s political behavior. Point of view: the author uses his experience in the field of law, political studies, arts and their teaching, to make a novel proposal. Conclusions: the above concepts are structural inputs of the author’s proposal on the need to elaborate the concept of copyright culture, in order to promote research that shows the importance of people’s values, feelings and awareness with respect to copyright, and thus impact public policies in this legal field.
- ÍtemEl desplazamiento en Colombia y sus diversas miradas(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04-30) Cabrera Suarez, Lizandro AlfonsoTheme and scope: from day to day the displaced are accompanied by contempt and humiliation. The effect it has is perhaps not appreciated by the inhabitant of Cali, who, on the contrary, sees them as a problem and a social burden. However, their quality of life is opposed to the profitable business of those who now occupy their lands. Characteristics: the displaced are forced to camouflage themselves in society and leave behind production in the countryside, change their lives and learn to earn their living. Societies transform, especially in Colombia for being a country at war. Findings: the social reality that the displaced live in Cali and the possible mechanisms for guiding the attitude and help that can be provided to these Colombians who, due to external circumstances, are forced to knock on doors in the hope of finding a final solution to their problem. In addition, it will expand the view of the Colombian vis-a-vis the displaced so that it is no longer a problem that is mentioned in the news, but that once on the street is invisible to the citizen. The State must prepare itself to face the new challenges posed by society, displacement being one of them. Conclusions: the displaced are paid more attention when they flee than when they die.
- ÍtemAnálisis de la normatividad local para aplicabilidad del Comparendo Ambiental en Florencia, Caquetá, Colombia(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-04-30) Plazas Vargas, Luz Stella; Montoya Leyton, Luis CarlosPurpose: the work consisted in the analysis of local regulations for the enforcement of the Environmental Subpoena in Florencia, Caquetá (Colombia). For this, municipal agreements 024 of 2009 and 013 of 2011 were taken into account, as well as the community’s degree of knowledge during the three-year implementation of the Environmental Subpoena, in order to determine the causes for the low enforceability of the subpoena. This will contribute to a possible amendment to the municipal agreements described, thus improving enforceability and implementation of the regulation. Description: in the performance of the work, the municipal agreements on the subject were collected, reviewed and analyzed, and 50 surveys were randomly applied to residents of the downtown area of the city in order to evaluate their knowledge of the environmental subpoena. Point of view: the result obtained reflects that 60 % of the population surveyed wants citizen education, enforcement of the subpoena, recycling, separation at source and prohibition to throw garbage; likewise, it was obtained that, on average, 37 people (equivalent to 74 %) claimed to be aware of the existence of actions that merit a subpoena; the rest (13 people, equivalent to 26 %) responded not knowing about the issue. Conclusions: this shows that the low enforcement of the Environmental Subpoena is due, above all, to the population’s minimum social responsibility, the failure to approve agreements, and the lack of empowerment on the part of those responsible for its regulation, implementation and enforcement.
- ÍtemFueros constitucionales y derecho penal: resocialización de indígenas en prisión(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-08) Benítez Núñez, Christian; Noriega Villamizar, Angélica Patricia; Patricio Abarca, UlisesTheme and scope: This article approaches the current state of resocialization with regard to convicted natives in state prisons, as well as the contents and meaning that should guide the purpose of punishment. Moreover, the scope of indigenous jurisdictional power is addressed, which has been widely discussed in writings of jurists and the case law on how to overcome the dichotomy of the discourse between the protection of fundamental liberal rights and the preservation and conservation of native peoples to prevent their subsequent disappearance. Characteristics: Specifying that this tension occurs due to the customs and worldview of indigenous peoples compared to Western customs. Findings: The criminal law in charge of punishing behaviors that have the characteristics of a crime has provided a whole theory about the purposes of punishment that has been somehow adopted by indigenous communities as a solution to conflicts. Conclusions: The importance of providing the concept of ethnically differentiated resocialization with contents is advised since this can lead to constructing an appropriate theory that allows imprisoned natives to have an adequate treatment plan and to deal with the structural differences this entails.
- ÍtemUn análisis histórico de los mecanismos no penales centroamericanos para Colombia(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-08) Eugene Ulrich, WilliamPurpose: This article proposes a historical-comparative approach to the history, development and forms of solutions implemented by Guatemala, El Salvador and Nicaragua in the internal conflicts they experienced in the eighties and nineties, and a comparison is made with the end of the conflict between Colombia and FARC. Description: The irregular nature of Central American conflicts and their immense similarity with the conflict in Colombia—which, like them, faced an organized guerrilla—allow for an analysis to observe historical events critically and bring them to a present in which experiences are repeated almost inevitably. Point of view: Central American conflicts offer an excellent opportunity for analysis for the current work since their striking resemblance to the Colombian conflict provides a considerable amount of material that must be taken into consideration and many proposals that cannot be ignored. Conclusions: It is necessary to present various cases and experiences to extract the necessary learning and not repeat the mistakes made in the past.
- ÍtemFomento a la cultura del emprendimiento jurídico: papel fundamental de las universidades en el posconflicto(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-08) Paredes Bustamante, Martha LucíaIntroduction: The dynamics of globalization in the contemporary world and the outlook of the current Colombian reality—the peace dialogs, reaching an agreement to end an over-50-year conflict, and the subsequent post-conflict phase—demand that universities, their managers, professors, and graduates deploy and plan a series of programs and actions to bind higher education institutions to social and labor problems from little-explored dimensions, such as legal entrepreneurship. Methods: The project explores new possibilities to practice law and train lawyers to apply their legal knowledge in detecting opportunities to design solutions to problems in contexts of conflict with precarious rates of unemployment, health, education, and coexistence. Results and conclusions: This exploration on novel applications of legal knowledge will allow to establish whether the law professor and student can walk through little-explored fields—professional practices of an entrepreneurial behavior, in this case—, by formulating an idea that can be translated into innovative projects; comply with ethical values and constitutional principles in contexts of peace and conflict; and take on the commitment and historical behavior of a managing lawyer required by the 21st century, who is oriented to “know law and towards a new know-how with the knowledge of law.”
- ÍtemEl fenómeno de la deserción escolar en un contexto local: estudio de la política municipal(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-08) Varón Martínez, FernellyPurpose: This report analyzes the problem of student dropout at the educational institution Siete de Agosto in Cali by studying internal and external factors and the analysis of the development of educational processes as causes of school dropout. Strategies to reduce the risk of dropout are also suggested. Description: For this, an exploratory study is conducted, and the quantitative and qualitative analysis of the educational community related to this educational phenomenon is used, with a special interest in the individual. Point of view: Particularly, a school dropout trend is identified with diverse variables in a specific period of time within the selected timeframe. Conclusions: The results of this research indicate that children and young people leave the institution due to intra-urban mobility or transportation, problems of coexistence, failures in the institution’s administrative function, and other socio-cultural problems.
- ÍtemLos principios y su evolución en el derecho mercantil(Ediciones Universidad Cooperativa de Colombia, Bogotá, Colombia, 2017-08) Constanza Pérez, YinaPurpose: This essay aims to show how commercial law, as a behavior of man in society, is not alien to legal principles. Description: The fact that this legal branch is relatively new regarding its codification shows that its genesis is as old as man. Therefore, this work demonstrates how the general principles of law have permeated this specialty. Point of view: The research deals with the following legal question: How have the general principles of law permeated commercial law and how has it evolved? It is answered using the method proposed by Tomás Austin, and Frida Gisela Ortiz-Uribe and María del Pilar García. Hernán Valencia-Restrepo, Norberto Bobbio, Ronald Dworkin, among others give the theoretical basis. Conclusions: The commercial sphere must be affected by said trend; otherwise, it would be excluded from the context proposed by this new concept.