O fenômeno do ativismo jurisdicional tem como causa a crise do direito. Uma releitura do tema a partir de uma perspectiva existencial permite concluir que sua origem assenta-se na perda do sentido da ocupação e preocupação do homem em relação ao direito. Esta crise articula-se, grosso modo, em dois níveis distintos. De um lado, pelo desgaste do modelo de racionalização contido na proposta da tripartição de poderes de Montesquieu; de outro, na perda do sentido do direito como forma de controle social no processo de incorporação da armação da técnica. Diante da anomia do legislador e do Estado aos desafios atuais em torno do direito, presencia-se, na atualidade, o aumento do ativismo jurisdicional na definição do conteúdo do direito continental. Dentro das possibilidades abertas no horizonte da experiência histórica, a evolução do direito continental permite constatar que esta se formou e perpetua-se a partir dos conceitos antagônicos de mutabilidade (em ajuste às necessidades da evolução da sociedade), mas também de segurança jurídica (representada pela norma posta). Um aumento do ativismo jurisdicional que pretenda preservar a experiência da tradição do direito continental exige que a ocupação e preocupação em torno do Direito se deem em aderência à experiência compartilhada dentro do mundo das vivências e no fino equilíbrio dos conceitos de normas sociais e de garantia, sem o que, no extremo da projeção do Dasein no horizonte de sua injunção social, teríamos inevitavelmente um processo de ruptura conceitual da experiência do Direito ou a anulação do Dasein perante o Direito. / The phenomenon of the jurisdictional activism is caused by the crisis of law. A re-reading of the theme from an existential perspective allows for the conclusion that its origin is based on the loss of mans care and concern sense regarding the law. Broadly, this crisis articulates in two distinct levels. On one side, by the rationalization model exhaustion contained in the tripartite division of powers proposed by Montesquieu; on the other side, in the loss of law sense as a way of social control in the incorporation process of the frame of the technique. As a consequence of the anomy of the legislature branch and the State to the current challenges around the law, the increase of the jurisdictional activism in the definition of the continental law content can be contemporarily noticed. Within the possibilities opened in the historical experience scope, the evolution of the continental law allows for the observation that it was formed and continues from the antagonistic concepts of mutability (adjusted to the evolution needs of the society), but also of legal security (represented by the rule provided for). An increase of the jurisdictional activism intending to preserve the experience of the continental law tradition requires that the care and concern concerning the law comply with the experience shared within the world of experiences and in the fine balance of the social rules and guarantee concepts, without which, in the extreme of the Dasein projection in the scope of its social injunction, we would inevitably have a process of conceptual rupture of the law experience or annulment of Dasein before the law.

In a bacterium's environment, life conditions are subject to constant changes. One of the proposed mechanisms of adaptation to these changes is the increase in mutation rate. Bacterial mutability is generally kept very low by action of various mechanisms of control and repair, one of the most important ones being the Mismatch Repair, which is the master regulator of genetic stability of organisms. When its function is impaired, larger amounts of mutations occur in cells. In adverse conditions, these might be beneficial for cells' adaptation. The role of these repair mechanisms in adaptive processes in Bacillus subtilis has not yet been definitely resolved. The previous work in our lab focused on establishing an experimental system to measure the extent of mutagenesis in B. subtilis, and the influence of several stresses on mutation rate was assessed. No significant increase in mutability was found to be triggered by nutrient limitation in stationary growth phase, hyperosmotic stress or increased cultivation temperature. Furthermore, a system to monitor the expression of mismatch repair proteins was constructed, which has not revealed significant differences between stressed and nonstressed growth conditions. This thesis follows the results of previous experiments, expanding the range of stresses...

La résilience peut être définie comme une adaptation réussie en dépit du risque et de l’adversité. Que serait aujourd’hui le fonctionnement du secteur de l’économie numérique ou bien celui des travaux publics sans la certitude que les réseaux et les infrastructures véhiculant les services qu’ils offrent sont susceptibles de faire face à toutes les agressions extérieures dont ils peuvent être l’objet ? Et comment pourrait-on l’affirmer si l’on n’avait pris toutes les précautions qu’une telle situation requière dans les contrats qui ont permis leur édification ? Tel est l’objet de la présente thèse : montrer que le contrat administratif est « résilient » au sens où il fait face aux aléas qui peuvent l’affecter, s’y adapte, y résiste, les anticipe et mieux, les intègre. L’originalité du contrat administratif repose notamment sur l’existence d’un certain nombre de principes d’ordre public et de mécanismes juridiques permettant à ce dernier de répondre à l’aléa et d’assurer ainsi sa stabilité face à la contingence. Ainsi les deux premiers critères de la résilience paraissent satisfaits : l’adaptation et la résistance à l’aléa. Or l’évolution du contexte dans lequel se trouvent conclus les contrats administratifs ainsi que l’influence des principes fondamentaux relevant de l’ordre public concurrentiel révèlent l’insuffisance de ces mécanismes. Sans que ces derniers ne disparaissent pour autant, de nouvelles solutions complémentaires des premières ont donc dû être développées. La prévention se trouve alors progressivement placée au cœur du contrat administratif. Elle y dévoile la présence des deux autres critères de la résilience à savoir l’anticipation et l’assimilation de l’aléa. Ainsi la satisfaction des quatre critères de la résilience par le contrat administratif semble non seulement faire émerger un nouveau concept de « contrat administratif résilient », mais participe aussi à faire de ce dernier un contrat plus sûr et moins singulier. / Resilience can be defined as the ability to successfully adapt to changing conditions despite risks and adversity. How would function the digital economy and the public works sector today, if we were not sure that the networks and the infrastructures which provide their services are able to face any potential external attack? And how could we be sure of this, if we had not taken all the precautions required by such a situation in the contracts that have enable to build them? The purpose of the present work is precisely to show that the administrative contract is "resilient", in the sense that it is able to deal with the vagaries that may affect it, to adapt to them, to resist to them, to anticipate them, and even better, to incorporate them. What particularly makes the originality of the administrative contract is the existence of a number of principles of public order and legal mechanisms, which enable it both to handle any vagary and to remain stable when faced to contingency. Thus, the first two criteria for resilience: the adaptation and the resistence to vagaries, seem to be met. The evolution of the context in which administrative contracts are signed, as well as the influence of the basic principles of competitive public order, have however shown that these mechanisms seem insufficient. Without making them disappear, new complementary solutions have thus emerged. The notion of prevention has been progressively placed at the heart of administrative contracts. It highlights the presence of two other criteria for resilience: the anticipation and the integration of vagaries. Thus, as the four criteria for resilience are met by administrative contracts, a new concept known as "resilient administrative contract" seems to be emerging, which contributes to make the administrative contract safer and less singular.

Functional programming (FP) has progressively become more prevalent and techniques from the FP paradigm has been implemented in many different Imperative object-oriented programming (OOP) languages. However, there is no indication that OOP is going out of style. Nevertheless the increased popularity in FP has sparked new discussions across the Internet between the FP and OOP communities regarding a multitude of related aspects. These discussions could provide insights into the questions and challenges faced by programmers today. This thesis investigates these online discussions in a small and contemporary scale in order to identify the most discussed aspect of FP and OOP. Once identified the statements and claims made by various discussion participants were selected and compared to literature relating to the aspects and the theory behind the paradigms in order to determine whether there was any discrepancies between practitioners and theory. It was done in order to investigate whether the practitioners had different ideas in the form of best practices that could influence theories. The most discussed aspect within FP and OOP was ​immutability and state​ relating primarily to the aspects of ​concurrency ​ and ​performance​ . This thesis presents a selection of representative quotes that illustrate the different points of view held by groups in the community and then addresses those claims by investigating what is said in literature. It was shown that there were no direct discrepancies between the practitioners and the theory.

<p>Archetypes are used to standardize a way of creating, presenting and distributing health care data. In this master thesis project the open specifications of openEHR was followed. The objective of this master thesis project has been to develop a Java based API for creating and editing openEHR archetypes. The API is a programming toolbox that can be used when developing archetype editors. Another purpose has been to implement validation functionality for archetypes. An important aspect is that the functionality of the API is well documented, this is important to ease the understanding of the system for future developers. The result was a Java based API that is a platform for future archetype editors. The API-kernel has optional immutability so developed archetypes can be locked for modification by making them immutable. The API is compatible with the openEHR specifications 1.0.1, it can load and save archetypes in ADL (Archetype Definition Language) format. There is also a validation feature that verifies that the archetype follows the right structure with respect to predefined reference models. This master thesis report also presents a basic GUI proposal.</p>

<p>The focus of this study is the opposition of Ludwik Fleck to the logical positivism. The main interest focuses on the mutability of knowledge and the inherent problems of incommensura-bility, as well as on Fleck´s notion of reality. Fleck emphasizes a rational and continuous de-velopment of knowledge, in contrast to Thomas Kuhn´s discontinuous and irrational devel-opment, and rejects all forms of reality independent of human beings.</p><p>Fleck´s monograph Entstehung und Entwicklung einer Tatsache is a rich and multifac-eted inquiry into the nature of knowledge, emphasizing the social and historical aspects of the epistemology of science at the expense of certain logical precepts. With his concepts thought style and thought collective, Fleck is generally acknowledged as a precursor to Kuhn´s con-cepts of paradigm and scientific community. Fleck maintains a relativistic view of science and develops a comparative epistemology which challenges the logical positivists in many re-spects. He dismisses every form of reality and has therefore been regarded as an idealist, al-though there are certain aspects to his epistemology which point toward an implicit ontology based upon his idea of the passive components of knowledge.</p><p>The chief epistemological works of Fleck and his contemporary Karl Popper were published within a year of each other, 1934 and 1935, respectively, by which Popper had left the Continent to eventually become one of the leading British philosophers, while Fleck spent several years during the Second World War as a prisoner in Nazi camps. Both were firmly opposed to the logical positivism, one as a critical rationalist, the other as a sceptical relativist. Fleck was also a forerunner to the constructivist ideas and the Strong Programme.</p><p>The word ”incommensurability” has been ascribed Kuhn but the term had already been used by Fleck in 1927. The ”incommensurability thesis” dominates Kuhn´s notion of scientific revolutions and is accordingly the reason why scientific progress is considered an irrational process. The debate on the incommensurability thesis has continued to interest epistemologists and philosophers of science and many solutions have been suggested, some in line with the one proposed by Fleck.</p>

The focus of this study is the opposition of Ludwik Fleck to the logical positivism. The main interest focuses on the mutability of knowledge and the inherent problems of incommensura-bility, as well as on Fleck´s notion of reality. Fleck emphasizes a rational and continuous de-velopment of knowledge, in contrast to Thomas Kuhn´s discontinuous and irrational devel-opment, and rejects all forms of reality independent of human beings. Fleck´s monograph Entstehung und Entwicklung einer Tatsache is a rich and multifac-eted inquiry into the nature of knowledge, emphasizing the social and historical aspects of the epistemology of science at the expense of certain logical precepts. With his concepts thought style and thought collective, Fleck is generally acknowledged as a precursor to Kuhn´s con-cepts of paradigm and scientific community. Fleck maintains a relativistic view of science and develops a comparative epistemology which challenges the logical positivists in many re-spects. He dismisses every form of reality and has therefore been regarded as an idealist, al-though there are certain aspects to his epistemology which point toward an implicit ontology based upon his idea of the passive components of knowledge. The chief epistemological works of Fleck and his contemporary Karl Popper were published within a year of each other, 1934 and 1935, respectively, by which Popper had left the Continent to eventually become one of the leading British philosophers, while Fleck spent several years during the Second World War as a prisoner in Nazi camps. Both were firmly opposed to the logical positivism, one as a critical rationalist, the other as a sceptical relativist. Fleck was also a forerunner to the constructivist ideas and the Strong Programme. The word ”incommensurability” has been ascribed Kuhn but the term had already been used by Fleck in 1927. The ”incommensurability thesis” dominates Kuhn´s notion of scientific revolutions and is accordingly the reason why scientific progress is considered an irrational process. The debate on the incommensurability thesis has continued to interest epistemologists and philosophers of science and many solutions have been suggested, some in line with the one proposed by Fleck.

Forgotten Lyres is a musical response to Percy Bysshe Shelley's poem Mutability, which depicts the fragility and unpredictable nature of human life. Four independent chamber ensembles make up the performing forces of Forgotten Lyres; the musicians evoke the topics of Shelley's text as they interact and coordinate with one another according to a variety of paradigms and without the use of a conductor. This essay focuses on the approaches to coordination within and between ensembles, and the ways in which the musicians' interactions can evoke and convey Shelley's texts. The essay also examines works by Mel Powell, Toru Takemitsu, Witold Lutoslawski, and Pierre Boulez as examples and precursors for the coordination strategies employed in Forgotten Lyres.

In this article, the author highlights the benefits of incorporating the concepts “concession contract” and “long term contract” within the new Civil and Commercial Code of the Nation in Argentina. For the author, these contractual arrangements are fundamental in Administrative Law to understand the scope of the concession of public services, specifically in regard to the introduction of changes in the contract. This also means that foreign police concepts or theories as ius variandi, which only add authoritarian elements under the contract, are not longer required. / En el presente artículo, el autor resalta los beneficios de la incorporación de los conceptos “contrato de concesión” y “contrato de larga duración” dentro del nuevo Código Civil y Comercial de la Nación argentina. Así, para el autor, estas figuras contractuales son fundamentales en el Derecho Administrativo para poder comprender los alcances del contrato de concesión de servicios públicos, específicamente, en cuanto a la introducción de variaciones en la ejecución del contrato. Ello conlleva, además, que ya no se tenga que recurrir a conceptospoliciales extraños o a teorías como la del ius variandi que únicamente añaden elementos autoritarios en el marco del contrato.

Archetypes are used to standardize a way of creating, presenting and distributing health care data. In this master thesis project the open specifications of openEHR was followed. The objective of this master thesis project has been to develop a Java based API for creating and editing openEHR archetypes. The API is a programming toolbox that can be used when developing archetype editors. Another purpose has been to implement validation functionality for archetypes. An important aspect is that the functionality of the API is well documented, this is important to ease the understanding of the system for future developers. The result was a Java based API that is a platform for future archetype editors. The API-kernel has optional immutability so developed archetypes can be locked for modification by making them immutable. The API is compatible with the openEHR specifications 1.0.1, it can load and save archetypes in ADL (Archetype Definition Language) format. There is also a validation feature that verifies that the archetype follows the right structure with respect to predefined reference models. This master thesis report also presents a basic GUI proposal.