1,720,959 research outputs found
The fallacy of legal certainty: why vague legal standards may be better for capitalism and liberalism
Get PDFThis article reviews key aspects of the theoretical debate on
the distinction between bright-line rules framed in clear and determinate
language and vague legal standards. It is generally believed
that legal rules provide more certainty and predictability, while
legal standards afford flexibility, accommodate equitable solutions,
and allow for a more informed development of the law. Furthermore,
the article seeks to refute the idea that bright-line rules
are superior to vague standards in regard to certainty and predictability.
In first section, the author articulates the claims that
legal certainty and predictability are essential for both capitalism
and liberalism, and that these systems of economic and political
organization therefore require legal rules framed in clear and
determinate language. Second section undertakes a critical evaluation
of that claim and argues that, oftentimes, the best-drafted
clear and determinate rules would result in less certainty than
alternative vague and indeterminate standards. Third section provides
explanations why things are so, arguing that the law is but
one of many normative systems; that competing economic, social,
and moral standards are often couched in vague and indeterminate
terms; and that many of these standards cannot be reduced
to clear and determinate rules. As conclusion author pointed out on the extensive use of vague legal standards that with no doubt
harbors dangers. Vague standards can easily mask arbitrariness,
inconsistency, and injustice, and can also generate uncertainty.
their proper use requires good faith, professionalism, and intelligence,
and therefore depends on a high caliber legal profession.22224714Filozofia Publiczna i Edukacja Demokratyczn
Has the War on Terror Undermined the U.S. Constitution?
No full textIn this filmed debate, Steve Knott, professor of national security affairs at the United States Naval War College, and Ofer Raban, professor of law at the University of Oregon Law School, argue whether the war on terror is consistent with the letter and spirit of the U.S. Constitution
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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