1,720,984 research outputs found
‘Ingiusto arricchimento, condictio e in integrum restitutio’. Convegno internazionale Aristec in memoria di Berthold Kupisch Roma, 27-29 ottobre 2016.
No full textThe evolution of the general criteria for the attribution of the legal capacity
Full text linkThe aim of this contribution is to make a brief exam, starting from the Roman legal system, of the criteria adopted to determine the achievement of puberty by the child, which involves the acquisition of the legal capacity in order to validly enter into legal agreements. The reflection, from a critical point of view, focuses on the analysis of the relationship between physical maturity, ascertained therefore with external criteria, and psychological, which is necessary to give the person that awareness that, to date, is regulated and indicated by art. 2 c.c. as "the ability to perform all acts".
How is it established what is the right age for a minor to be considered an adult and therefore able to make legally binding choices?
From the point of view of the typical approach of the Roman legal system, it is necessary to premise how, regarding a given problematic case, it is always solved, starting from a \u27remedial\u27 perspective rather than a defining one: consequently, also concerning the protection of minors, the sources that testify the situation in which the impuber found themselves are concentrated on the actions granted in defence of the latter, more than anything else.
In the Roman legal system, therefore, there was no psychological parameter capable of disproving the passage from impubescence to puberty: it turned out to be a mere physical process whereby, when the full sexual maturity was reached, the full legal capacity was also considered automatically reached.
The term impuber, therefore, identifies the person that, nowadays, we would call incapable; although the Romans did not leave us a true definition of \u27legal capacity\u27 and, therefore, on the contrary, of \u27incapacity\u27 in a modern sense, they conceptually distinguished between a legal capacity and a legal personhood. In fact, especially in the classical and postclassical era, legal agreements entered by persons who had not reached a certain age were automatically recognized as invalid, unless they were ratified by the legal guardian with the interposition of the appropriate auctoritas.
A further element that must necessarily be taken into consideration in order to understand the evolutionary process concerning the protection of minors in the Roman system is the recognition of protection granted to persons under the age of twenty-five. After the age of puberty, the only obstacle to the child\u27s ability to implement legally binding agreements was represented by inexperience.
Having clarified what was the situation in ancient Rome, we can, in broad terms, see how in the Middle Age the term of the impubescent age and the criterion with which it was defined as such changed from the previous era, especially depending on the areas of reference.
The passing, therefore, of the medieval age was a sort of connection between the result that the Romans had arrived at in terms of their legal capacity and what would later be provided for in the subsequent codifications. We see how in this period there is a \u27maintain\u27 of what was achieved by the Roman legal system without, however, further steps forward towards the criterion of attribution of the ability to act. There remains a formal criterion that guarantees, in essence, a decreasing protection as age grows.
It seems to me then possible to notice how a fixed parameter taken as a basis for considering a young person capable of legally binding choices or not was in a certain sense arbitrary and how this methodology has remained unchanged over the centuries.
A fact that now seems certain is that the concept of the legal capacity evolves as the legal thought goes on and is susceptible to interpretations and application methods that adapt it to the most diverse needs. The idea behind the concept of the legal capacity also concerns the parameter of relativity: it varies both according to the type of agreement to be performed and according to the age or legal situation of a given subject.
The legal capacity, as mentioned above, relates to the possibility to enter into legally valid agreements, letting the legal system protect the choices made by an individual.
Drawing on the brief considerations made so far, the question that arises most spontaneously concerns the assessment of the criterion used to give the full legal capacity: is the completion of a certain age really enough for a young person to be able to fully understand the acts that he implements? Would it not be fairer to ascertain the \u27maturity\u27 of the individual more substantially and not only formally?Il contributo effettua una breve ricognizione, dall’ordinamento romano, dei criteri adottati per determinare il conseguimento della pubertà da parte del minore. La riflessione, in un’ottica critica, si focalizza sull’analisi del rapporto tra maturità fisica, accertata quindi con criteri esteriori, e psicologica, necessaria a conferire al soggetto quella consapevolezza che, ad oggi, viene disciplinata ed indicata come «la capacità di compiere tutti gli atti».
Come si stabilisce qual è l’età più giusta affinché un minore si possa considerare capace di fare scelte giuridicamente vincolanti
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
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