1,720,988 research outputs found
In tema di interpretazione casistica e scienza del diritto
No full textThe work constitutes a tribute to Professor Vacca, to her significant and prestigious scientific production, but also to the fundamental contribution offered to the legal community, also in carrying out important institutional tasks. The article concerns some works in which Vacca - starting from his valuable works on jurisprudence, on case method and on precedents - has proposed some interpretative lines of great interest and importance not only for their intrinsic value, but also as they are linked to issues of great importance for the current dimension of law. These are, in particular, reflections on the important and now decisive role assumed by interpreters within the multilevel legal system, on the crisis of law, due among other things to the separation between science and practice, and, finally, on analysis of the casuistic and prudential method of Roman jurisprudence as a model of science founded on the inseparable synthesis between the theoretical elaboration and the practical application of legal rules
Strutture costituzionali, fonti e codici nell'esperienza giuridica romana : storicità del diritto : prospettive antiche e moderne
No full textThe volume traces the fundamental features of Roman constitutional history, identifying, at the same time, "conceptual forms" and "consolidated practices" which, although matured in that historical experience, also marked the fate of the entire subsequent legal tradition, and, therefore , of the entire Western legal tradition.
The conceptual forms of Roman law were inserted into the legal science of each country, regardless of the different conceptions of law in force at various historical moments. As a result, Roman law has become a common vocabulary, the language of the legal scientific community, the recognized model of legal conceptual work and, therefore, a European conceptual and spiritual common law, without which a European common law would not even theoretically exist, nor would an agreement between jurists of different nations be possible.
The consequence was that the common matrices of European law - both civil law and common law - are found in Roman law: or rather in the science of Roman jurists, since the reception of Roman law did not translate into the reception of a law, but of the reception of a legal scienc
Emotional and non emotional persuasion
No full textThe paper presents a model of persuasion in general and o the cases and types of persuasion that make an appeal to emotion, by making reference to relations between emotions and goals. Some persuasion strategies are described and formalized in terms of oriented graphs, while showing how emotional and non emotional strategies may interact, and strengthen each other. The role of uncertainty in persuasion strategies is also addressed.
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
Diritto romano e diritto civile : le ragioni di una rinnovata riflessione storica sui modelli teorici e metodologici : a proposito del volume di Guido Alpa, diritto civile italiano : due secoli di storia
No full textThe article investigates the relationship between Roman law, legal Tradition and modern civil law. The focus is mainly on theoretical and methodological models in the history of private law.
In evaluating the history of the institutions, categories and concepts of civil law, the awareness is renewed that modern Codes are profoundly linked to ancient Tradition, and at the same time, represent the instrument of transmission of the same to subsequent eras.
At the same time, it should be considered that even today's legal interpretation is deeply linked to Tradition, in content but above all in method.
In this sense, it is then evident that carrying out an interpretation of private law in conformity with the Constitution and European law does not mean denying the previous legal Tradition, both of a national and supranational character, but placing oneself within the same, albeit in the awareness of necessary elements of discontinuity deriving from the peculiarity of the current historical moment.
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
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