1,720,965 research outputs found
La prospettiva dei rimedi nel diritto privato europeo
No full textMovendo dalle ultime tappe del diritto europeo dei contratti, ossia il Draft Common Frame of Reference (DCFR) e la proposta di regolamento sul diritto comune europea della vendita (CESL), il lavoro tenta di esaminare le basi di una dogmatica dei rimedi da integrare a quella tradizionale della fattispeci
Principles and Rules in the Emerging European Contract Law: from the PECL to the CESL, and Beyond
No full textLegal principles play an important role in any system of law. Following the European Court of Justice, the treaties of the European Union have embraced the concept of "principles of law", mainly as a means to guarantee individual and human rights in public and constitutional law. More recently, however, the ECJ has come to recognize as "general principles"private law and contract law norms and values. Furthermore, the notion of "principles"has played a key role in impressive unification projects which aimed to promote harmonization of national contract laws in Europe, such as the PECL ("Principles of European Contract Law") and the DCFR (Draft Common Frame of Reference). The proposed Common European Sales Law (CESL) also opens with a separate chapter dedicated to "General Principles"of contract law. The article invites the reader to think more carefully and critically about the role played by alleged "principles"in the law generally, and in the evolving European law of contract in particular. Part II points out the instability and vagueness of the concept of a legal "principle". Part III presents an original theoretical model which aims to reduce the inherent vagueness surrounding the concept and the distinction between legal rules and legal principles. The model suggests that while principles do often differ from rules in other respects as well (e.g., in their substantive content or analytical structure), these common distinctions fail to capture the most essential difference between principles and rules, which lies in their sharply distinct political function. Part IV applies this general thesis to the multi-level constitutional architecture of European law, coming to the conclusion that the principles of European private law are those common core norms which are shared by the laws of most Member States (ius commune Europaeum). Part V applies and illustrates this claim on the various instruments by which the Union has attempted to promoted the unification of contract law around Europe. Part VI concludes by claiming that the European principles, including that of subsidiarity, are best understood as a balancing device by which the Union adjusts the level of regulation between legislature and courts on the one hand, and between the supranational and national powers on the other. © 2013 Walter de Gruyter GmbH, Berlin/Boston
L'influenza della cultura giuridica italiana sul diritto di Israele
No full textIl contributo esamina il contributo dei giuristi italqim alla nascita del diritto privato dello Stato di Israel
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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