527 research outputs found
Recensione di M. Infantino - E. Zervogianni (eds.), Causation in european tort law, Cambridge, Cambridge University Press, 2017, p. 726
No full textEsame critico e presentazione del volume curato da M. Infantino - E. Zervogianni dal titolo "Causation in european tort law", Cambridge, Cambridge University Press, 2017, p. 72
Introduction: Intersection of Courts and Arbitration
No full textThis chapter broadly reviews the relationship between the arbitration and judicial systems as well as substantive national laws that restrict the use of the arbitration process.The relationship is inherently in tension because two core principles are in conflict: independence of commercial arbitration and judicial intervention to ensure the fairness of the arbitration process. This chapter reviews and suggests how best to balance these two competing interests, including an analysis of the principle of separability (contract arbitration clauses are independent of the contract) and kompetenz–kompetenz (whether the arbitration panel or the courts are empowered to determine the jurisdiction of the arbitration panel and the scope of the arbitration clause)
Divergence, Themes, and Trends in National Arbitration Laws
No full textThis chapter presents the findings of a comparative analysis of arbitration laws in fourteen countries. The analysis focuses on scope and interpretation of arbitration clauses, anti-arbitration laws and policies, arbitrator bias and misconduct, the public policy exception, and other limits on arbitrability. The chapter determines areas of commonality and divergences across national laws relating to judicial intervention into the arbitration process, and provides an assessment of possible trends in international commercial arbitration
Investigation results for the improvement design of the foundation rocks of the Amendolea Castle (Condofuri, Reggio Calabria, Italy)
No full textThe Amendolea Castle is in extreme degradation conditions
set up to slip and to lateral spreading due to different factors such
as the intense fracturing of crystalline metamorphic bedrock, the
lack of interlocking foundations, the degradation of the walls, the
imperfect forming of walls portions. The paper focuses on the
results of the geomechanical survey and in situ investigations
(geophysical prospecting and GPR, etc.) that allowed to classify
the rock mass of the Amendolea Castle foundation as a class III
rock mass according to the Bieniawski classification (Rock Mass
Rating RMR, 1989). On the base of the obtained investigations
results, the designing of the support systems of foundation rocks
of the castle has been performed. The design involved works to
bound the danger coming from narrow detachments and falls,
such as steel nets with 5 m deep nails, and works to prevent the
sliding along the inner rock mass, such as 12 m anchors
L' ordine senza piano: le ragioni dell'individualismo metodologico
No full textL’ordine senza piano is a comprehensive survey of methodological individualism in social, political and economic thought from the Enlightenment to the 20th century. Exploring the works of such figures as the Mandeville, Smith, Marx, Spencer, Durkheim, Menger, Simmel, Weber, Mises, Hayek, Popper and Parsons, this study underlines the contrasts between methodological collectivism and methodological individualism. The detailed analysis offered here also reveals the theoretical presuppositions behind the collectivist and individualist traditions and the practical consequences of their applications.
This work touches upon issues in social and political theory, intellectual history, political philosophy, political economy and sociological theory. The relationship between the individual and the constitution of society is of key interest to the author, who draws upon the ideas of Hayek to develop his own unique approach to the issues examined
Hayek and The Evolutionary Tradition Against the Homo Oeconomicus
No full textPurpose
To show the existence of two diffent lines of thought in Economics: the homo economicus tradition and the evolutionary tradition.
Methodology/approach
Following Hayek, the author adopts the individualistic methodology. This allows to separate the homo oeconomicus approach, which is a hyper-rationalistic construction concerned with the intentional results of human action, from the evolutionary approach, which is concerned with the unintended consequences of human conduct.
Findings
The homo oeconomicus tradition incurs the methodological mistake which goes by the name of psychologism, a theory that operates with the idea of a human nature and a human psychology as they exist prior to society. And yet the nature of individual man itself must be placed within a social context and be explained. As the evolutionary tradition and Hayek suggest, the formation of the Ego and the development of the human mind moves from a range of intersubiective relations.
Research limitations/implications
According to his gnoseological premises, the homo oeconomicus tries to maximize the result of human conduct. However, the concept of maximization neglects the fact that the exchange occurs as soon as a positive-sum game sets in; this is very different from maximization, which does not take into account the “compensations” that the subject can achieve by means of the other dimensions of human action.
Originality/value of paper
To speak of “classical economists”, placing evolutionary scholars and strictly utilitarian ones under the same denomination, is just as misleading as using the expression “neoclassical economists” in referring to the evolutionary Menger and utilitarian Jevons and Walras
Uncertain Causation in Tort Law
No full textThe article analyses the contribution made to the debate on causal uncertainty by the volume 'Uncertain Causation in Tort Law', edited by Miquel Martín-Casals and Diego M Papayannis. After a brief sketch of the contents of the volume, the paper explores its main strengths, that is: (1) the comparative picture of rules on uncertain causation that the book draws, (2) the emphasis it places on the mass dimension of uncertain causation cases as well as on its procedural consequences, and (3) the analysis it undertakes of the many actors and factors affecting approaches to problems of uncertain causation in (mass) tort litigation
Molecular strategies for the study of tomato-Pyrenochaeta lycopersici interaction
No full textTomato Corky Root (CRR) is a soil-borne disease, caused by the hemibiotrophic fungus Pyrenochaeta lycopersici that has recently become a disease of concern for many tomato-growing areas including major producers such as China, USA, Italy and Japan, both in greenhouses and in field. The molecular bases of interaction between tomato and P. lycopersici are still poorly understood and breeding for resistance remains the most effective tool for controlling the disease. We are currently investigating the mechanisms behind disease susceptibility and resistance against CRR using different molecular methods. A cDNA-AFLP based approach was employed for transcriptomic analysis of the fungus-plant interaction and led to the identification of fungal genes putatively involved in plant pathogenesis and in the disease symptoms development (Aragona and Infantino, 2008). Among several differentially transcribed fragments we focused on a P. lycopersici sequence having a high similarity with a β-glucanase gene. We cloned the full genomic sequence of the endo-1,4 β-glucanase gene isolated and analyzed its expression in susceptible and resistant tomato cultivars, with the final goal of identifying its role in the interaction with tomato. For expression analysis, a real-time PCR-based approach was conducted on tomato roots artificially infected with P. lycopersici at six different post-infection time points, compared to vegetative mycelium. The quantification of P. lycopersici biomass in relation with plant biomass was assessed and a correlation between expression of the glucanase gene and the progress of P. lycopersici during the time course of root infection was elucidated
Is a combination of melatonin and amino acids useful to sarcopenic elderly patients? A randomized trial
No full textThis study evaluated the effectiveness of a 4-week intervention of melatonin and essential aminoacid supplementation on body composition, protein metabolism, strength and inflammation in 159 elderly sarcopenic patients (42/117, men/women), assigned to four groups: isocaloric placebo (P, n = 44), melatonin (M, 1 mg/daily, n = 42), essential amino acids (eAA 4 g/daily, n = 40) or eAA plus melatonin (eAAM, 4 g eAA and 1 mg melatonin/daily, n = 30). Data from body composition (dual X-ray absortiometry (DXA)), strength (handgrip test) and biochemical parameters for the assessment of protein metabolism (albumin) and inflammation (CRP) were collected at baseline and after the 4-week intervention. Compared with P and M, supplementation with eAA plus M increased total fat-free mass (vs. P: +2190 g; p < 0.01; vs. M: +2107 g; p < 0.05). M alone lowered albumin levels (vs. P: -0.39 g; p < 0.01; vs. eAA: -0.47 g; p < 0.01). This data on albumin was confirmed by within-group analysis (M -0.44g; p < 0.001; eAAM: -0.34 p < 0.05). M and eAA seemed to lower the percentage of gynoid fat (p < 0.05) and android fat (p < 0.01). No significant changes in inflammation or strength were reported. A 4-week intervention with eAA plus M together may be effective in enhancing fat-free-mass compared to M and P but not versus eAA. M alone demonstrates a negative effect on albumin level
Analysis of the spatial correlation of earthquake ground motion from physics-based numerical simulations
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