1,720,957 research outputs found
The Principle of Procedural Economy in the Estonian Civil Procedure
No full textIn recent years, more and more attention has been paid in the European Union to making procedure simpler, faster and more efficient.
In his report at the XIII plenary meeting of judges on 14 February 2014 in Tartu, Chief Justice of the Supreme Court Priit Pikamäe aptly pointed out that “One ghost wanders around the post-modern legal culture space – the ghost of efficiency. As the progressiveness of different court procedures is more and more assessed by their efficiency, i.e. effectiveness, the court system of the post-modern age as a whole must first and foremost be efficient. This means that in terms of the public resource allocated for it, the court system must be able to provide an even greater number of resolved court cases using as little procedural time as possible. As a rule, court administration strategy documents do not focus on the ways to achieve a just decision, but on increasing the efficiency of the court system during hearings. Obviously, this poses a separate interesting and intriguing public law question of why out of all the state authority branches efficient operation is expected first and foremost from the judicial authority, while in case of enforcement and legislative authorities this category is not emphasised to at least a similar extent.”
The Influence of European Law in Civil Proceedings in the Republic of Estonia
No full textThroughout history, civil proceeding had undergone important changes, whereby, an important question is: on which principles is justice based on
Tsiviilkohtumenetlus versus alternatiivne kohtuväline tsiviilasja lahendamine Eesti Vabariigis
No full textJohn Rawls, a social philosopher from the 20th century, has said, ‘There are long periods in the history of any society during which certain basic questions lead to deep and sharp conflict and it seems difficult if not impossible to find any reasoned common ground for political agreement.’ He gave the post-Reformation wars of religion that took place in the 16th and 17th centuries as an example. To this day, we still see armed conflicts where the participating states cannot be brought to the negotiating table for peace talks. International armed conflicts undoubtedly also threaten the security of other states and the sense of safety of their citizens. These situations lead us to question why international law is so ineffective in the modern world order. Throughout history, legal disagreements that needed resolving have also arisen in civil matters. Many different methods have been used to solve these conflicts, including vigilante justice. In contrast, the German legal historian Professor P. Oestmann has explained the main features of court and procedural law history as follows: ‘Any person who wants to impose their presumed legal interests arbitrarily and takes justice into their own hands, or uses self-help, violates the boundaries set by law.’ Nevertheless, what he described is permitted in certain situations of the German Civil Code (Bürgeliches Gesetzbuch), such as in BGB subsection 229. Disagreements may also arise between companies when it comes to the interpretation and fulfilment of contracts. In these situations, the most viable solution is not always obvious. Is it better to take the issue to court or seek an agreement out of court? Different legal relationships may also create disputes between natural persons. In short, conflicts (lat. conflictus) may occur between states, legal entities and natural persons. It is the subject of this sociological research paper. Tallinn University’s doctoral student K. Palts defines conflict as a ‘Disagreement or misunderstanding that creates tension, which prompts partners to act against each other’s interests. Conflict requires at least two sides and areas where their interests collide. But what lies behind a misunderstanding? In short, it is resources, which are limited by nature, and differences in needs, values, stances, interests or goals.’ Mediation theorists A. Trossen, R. Hofmann and D.B. Rothfischer are of the opinion that specialised literature lacks a unifying definition for conflict. The word stems from the Latin conflictus, which means to collide. ‘The goal of targeted conflict management is to reach a situation where the conflict is no longer progressed by the conflict itself but by its participants.’ This means that conflicts, regardless of the participating sides, need to be solved. One important solution for defending one’s position is to go to court. According to subsection 15 of The Constitution of the Republic of Estonia, ‘Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the right, while his or her case is before a court, to request for any relevant law, other legal act or action to be declared unconstitutional.’ Societal changes have a direct impact on the development of law. After the Estonian restoration of independence and joining with the European Union, the country undertook a judicial reform, which also impacted its substantive law and procedural law. Nowadays, disagreements can be solved using a variety of alternative methods, such as negotiations, expert opinions, arbitration, mediation and conciliation. The goal of this article is to highlight the benefits of solving civil disputes outside of court compared to civil proceedings and what the possibilities are for speeding up civil disputes at court
Apellatsioonimenetluse aeg tsiviilasjades Eesti Vabariigis ja seda mõjutavad tegurid
Full text linkhttp://tartu.ester.ee/record=b2655493~S1*es
Menetlusökonoomia põhimõtte eesmärk ja rakendamise võimalused tsiviilkohtumenetluses
No full texthttp://www.ester.ee/record=b4413871~S
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
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