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On the Substantiation of the Public Order and Good Morals of Article 72 under Taiwan Civil Code
No full text「公序良俗」此一法律概念不僅在私法領域被廣泛使用，即便將其置於整個法律體系之下，亦扮演著十分重要的角色，而實務上之判決，涉及公序良俗者更是不勝枚舉。然而，所謂的「公序良俗」係屬於概括條款，具有高度之抽象性以及不確定性，法官於個案之適用上具有極大之裁量權利，甚至可說適用上幾乎全取決於法官的判斷，為免人民對於判決的結果難以預見，並使法官不至於恣意擅斷，對於「公序良俗」的概念加以描述，使之得以具體化，便為法學上重要之任務，亦為本文所欲探討者。然而，若欲對於所有涉及公序良俗之條文皆有所研究，實乃一浩大之工程，尚非筆者之能力所及，因此本文集中於探討實務上最重要之民法第72條所稱之「公共秩序或善良風俗」之具體化。 而具體化之方法，於某種程度來說，其實即為類型化，亦即歸納實務裁判之個別案例，從事比較研究，組成案例類型，以便於參照。本文在整理分析實務上關於民法第72條之裁判時，對於公共秩序與善良風俗，採取不區分之見解，蓋其兩者在意義上有極大部分之重疊，亦具有互相補充之功能，實務上於適用時亦大多不加以區分，若欲強行將其區分實有困難，且恐淪於學說術語之爭辯。 本文參考國內外學說及實務上的分類，並且整理我國實務上之裁判，試圖歸納整理出我國公序良俗之類型，對於其中較具有爭議或探討價值者提出分析及討論。此外，本文發現實務上對於個案中是否違反公序良俗常使用利益衡量作為判斷之方法，惟於多數案例中，法院並未詳細說明其判斷之依據以及理由，就此，本文也提出了批評以及本文之見解作為結論。“Public order and good morals”This is not only a legal concept that widely used in the field of civil law, but also plays an important role in the entire legal system. Besides, judgments of our courts which is involving the public order and good morals are also numerous. However, the so-called“public order and morals”is a kind of general clause,which has the characteristic of highly abstract and uncertain. Judges have a great discretion to apply it to certain case, even almost depends on the judge''s own judgment. To make the results of judgments predictable for people and to prevent judges from arbitrary,it is important to describe the concept of“public order and good morals”, so as to substantiate it,which is also the main issue of this article. Nevertheless ,studying on all the provisions related to public order and good morals is a vast project, not yet a writer can afford it.Therefore,this article would focus on researching the substantiation of the public order and good morals of article 72 under Civil Code. Concerning the method of substantiation,to some extent,is classifying.Which means to summarize individual cases and compare each of it, in order to compose different types for reference. This article would not distinguish public order and good morals while analyzing the judgments relate to article 72 of Civil Code. Because public order and good morals cover both in the sense of a great part of the overlap, and it is a supplement to each other.Moreover, the courts also almost not differentiate it.You would find it''s hard to distinguish it,and meaningless. After referring to theory and practice on domestic and international, and analyzing the judgements of our courts,i tried to establish my own categories of case groups and discuss some controversial or significant cases. In addition,i found that our courts frequently use Benefit Measurement Method to decide if juridical acts in individual cases fit in with public order and good morals.However,in most cases, the court did not elaborate the basis and reason to their judgments.As for it,i put forward my criticism and opinions as this article''s conclusion
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Full text link“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
Full text linkWe 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
Full text linkWe 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
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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