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Comparative contract law : British and American perspectives/ Edit.: Larry A DiMatteo
No full textxxxv, p. 469.; 25 c
Comparative contract law : British and American perspectives/ Edit.: Larry A DiMatteo
No full textxxxv, p. 469.; 25 c
Good faith in contract performance in the Chinese and common laws
No full textINTRODUCTION Good faith has been something of a problem child in the law of contract. Some legal systems, mostly drawn from the common law, have viewed good faith with suspicion, if not hostility. On the other hand, some legal systems, mostly civilian in nature, including Chinese law, regard good faith as an essential component of any law of contract and cannot countenance its absence. These divergent views have at times manifested themselves in debates on the drafting of international conventions or restatements of contract law. The classic example is Article 7(1) of the Vienna Convention on Contracts for the International Sale of Goods (CISG), which provides that: In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade. The text is a compromise between different legal systems which has been understood differently in different parts of the world. For some (most notably common lawyers), the Article is directed to courts and arbitral tribunals and it instructs them to promote observance of good faith in international trade in the interpretation of the Convention. It does not impose a duty of good faith on the parties themselves. For others, the Article cannot be understood in this restricted sense and it does impose a duty of good faith on the parties either directly or indirectly as one of the general principles on which the Convention is based. Chinese courts seem to follow the latter path and, where no other CISG provision is applicable to a disputed matter, simply deem as a truism that Article 7(1) imposes a legal duty on international traders to conduct their affairs in good faith, as does the domestic principle of good faith. In many ways the legal community has moved on from the debate on the application of the good faith principle under the Vienna Convention. Subsequent international restatements, such as the unidroit Principles of International Commercial Contracts, the Principles of European Contract Law and the European Draft Common Frame of Reference, have clearly and unequivocally imposed a duty of good faith on the parties and further have prohibited the parties from contracting out of that duty
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
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