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    The Possibility of the New World. Social Cohesion, Legal Order and the Invention of Rights in Iberian Scholastic Thought

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    Europe’s discovery of the Americas opened up new opportunities for the itineraries of legal thought in the early Modern Era. With “territory” gradually coming to be seen as a potential place for the expansion and modernisation of the European legal dimension, those who saw these opportunities understood “space” in terms of a possibility rather than as a given, as it was during the Middle Ages. This change in spatial assumption posed a challenge to the theory behind the generation of new ideas and categories within legal issues. Iberian Scholastic Thought is concerned with this challenge, since the discovery of the Americas offered the opportunity to defend and promote the idea that Respublica Christiana was universal. Considering this framework, this paper will focus on the key issue of the invention of individual rights and the problem of generating community and social cohesion among people of very different origins and cultures. It will also show the main implications for other issues, such as the definition of legal spheres and the establishment of new legal orders, government regimes and constitutional entities. Finally, a comparison will be made with other understandings of “rights” in the European doctrines on Natural Law to better highlight the characteristics and perspectives of the Iberian scholastic approach

    Time and Legal Change: Some Methodological Remarks on Italy’s Transition to Democracy

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    This chapter focuses on Italy’s struggle to hold Fascism to account between 1943–1946 within the complex framework of the nation’s transition to democracy after World War II. This historical turn will be taken as an example of a specific regime of temporality, one in which the conjunctural features of time exercise an attributive force over legal issues. Responding to the demand for justice was an unavoidable step in the aftermath of the dictatorship, and the manner in which this issue was handled qualified some long-term solutions that were absorbed into the democratic legal order. The tension between restorative justice and national appeasement will be considered on two analytical levels: normative framework and legal debate. The concluding remarks will propose some methodological considerations on the importance of transitional time for historical research, with ascriptive time also being examined in general terms

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The 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

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    “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

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    We 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
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