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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
ADR and Transitional Justice as Reconstructing the Rule of Law
Get PDFThis paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to suggest that the critique of this notion has inspired the development of both domestic ADR and international Transitional Justice, and that the resemblance between these movements can be explained by this inspiratio
Judicial Conflict Resolution (JCR): A New Jurisprudence for an Emerging Judicial Practice
No full textIn the past few decades, the role of judges has changed dramatically, yet its nature has remained largely unexplored. To date, most cases settle or reach plea-bargaining, and the greater part of judges\u27 time is spent on managing cases and encouraging parties to reach consensual solutions. Adjudication based on formal rules is a rare phenomenon which judges mostly avoid. This Article argues that the various Conflict Resolution methods, which are used outside the courtroom, as alternatives to adjudication, could have a strong and positive influence, both theoretical and practical, on judicial activities inside the courts. Theoretically, the Article develops a conflict resolution jurisprudence, which prioritizes consent over coercion as a leading value for the administration of justice. Descriptively, the Article conceptualizes judicial activity in promoting settlement and plea bargaining as Judicial Conflict Resolution ( JCR ) and examines it along the lines of common methods of conflict resolutionnegotiation, mediation, arbitration, dialogue facilitation, problem solving, restorative justice and dispute design. The JCR Perspective suggests that judges are often parties to the negotiation as to whether to adjudicate the legal conflict, third parties in an effort to mediate it, arbitrators as to guiding rules of compromise, as well as facilitators of dialogue, problem solvers and dispute designers. The hybridity of their conflict resolution work is related both to the variety of processes that judges use and to the fact that they are performed in the shadow of authority
Forms of Mediation and Law: Cultures of Dispute Resolution
Get PDFPublished in cooperation with the American Bar Association Section of Dispute Resolutio
Restorative Justice as Internalization of the Rule of Law: Combining Restoration with Retribution in the Film \u3ci\u3eFesten\u3c/i\u3e
Get PDFIn this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an appropriate justice, inter-cultural formula for addressing crime in a comprehensive manner
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Pragmatism and law ::from philosophy to dispute resolution /
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Pragmatism and law ::from philosophy to dispute resolution /
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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
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