1,721,328 research outputs found
Forme e simboli del "gran teatro lagunare": Aldo Rossi, Guido Canella e Carlo Aymonino a Venezia
No full textIl contributo analizza tre progetti contemporanei realizzati da Aldo Rossi, Guido Canella e Carlo Aymonino a Venezia, alla luce della tradizione dei cosiddetti "teatri del mondo": architetture acquatiche e galleggianti la cui remota origine permette di individuare, in senso archeologico, il "punto di insorgenza" della città Serenissima
Continuity, Legal Principles and Roman Law. The Case of General Average
No full textSome commercial rules might appear universal and almost atemporal. This appearance has sometimes favoured theories on global commercial practices, and especially the idea of a universal lex mercatoria developed by traders for traders without external influences. The pitfalls of such an approach have been shown time and again in literature. A different and perhaps more difficult issue is to distinguish general principles from their practical application in pre-modern commerce. Blurring them together has favoured general narratives of universal rules. Perhaps more importantly, it has also sidelined the underlying issue of why some general principles are indeed attested almost universally. If general principles may pass unscathed across time, the practical rules deriving from those principles usually do not. Those rules need to be interpreted within their historical and economic context: this may help making sense of their diversity and variety. When looking at the environment in which a rule was applied, however, there is often the tendency to discount the legal features of that environment. After a period in which customary commercial rules remained largely oral, they were written down. This process is often neglected in the scholarly analysis of the rules. Straightforward as it might seem, however, the simple fact that an oral rule was written down did leave profound marks in the rule and its working. Moreover, once written down those rules often began to be studied and interpreted by learned jurists, who looked at them through the lens of legal concepts often quite alien from the environment in which the rule was originally produced. Roman law is a case in point, as during the early modern period being a university-trained jurist by and large meant having studied Roman law. The progressive re-writing of medieval rules and their inclusion in compilations of growing length and complexity often led to a revision of those same rules, in which Roman law concepts acquired an importance they often did not possess before. The study of those commercial rules, therefore, must take into account both the social, economic and technological circumstances in which they were produced and the intellectual and legal environment in which they were later interpreted and re-fashioned. If this second kind of environment is discounted, it may stand in the way of a better understanding of those very rules. One of the reasons that suggest taking this environment into account is not usually discussed, as it is somewhat counter-intuitive. Jurists imbued with Roman law doctrines had themselves some trouble in leaving them aside – even when they wanted to. This was the case especially in those parts of Europe whose legal character was defined by Roman law: there, to reach a solution in line with non-Roman commercial practice, some Roman-law reasoning had to be employed all the same.
This article does not offer a methodological analysis that should then be applied to the sources. Rather, it shows those methodological problems as they emerge from the study of the sources, which will be the both the point of departure and of arrival in the analysis. To do so, an ancient legal institution was chosen: that of General Average. General Average is a voluntary sacrifice of a part of the cargo (and/or of a part of the ship) made during navigation in order to save the rest. It is a principle that has amply withstood the test of time, and which looks apparently simple – and deceptively consistent. The challenges of seafaring are unquestionably similar across space, and – despite technological advancements – time. A storm might break out during a voyage between Izmir and Venice just as much as it could while sailing from Riga towards Lübeck, or from Bordeaux to the Cinque Ports in England. In each case, if cargo was jettisoned or some masts were cut to light the ship, the economic damage had to be spread among all parties involved. The actual way in which the distribution of the damage, however, could vary significantly, both because of different possible ways to evaluate what was left onboard, and because of the different ways in which the shipmaster could – or could not – contribute to the pool of assets. Rules on General Average are often of customary nature. They developed across time, most often initially orally. Already in this first phase, the meaning of some rules on General Average began to change: it was no longer a question of recalling an oral tradition, but to interpret a written text. Commercial compilations, in turn, could easily be amended, and even merged with others. The result would often affect their content even further. To illustrate the point, the example will be made of the requirement of the merchants’ consent to jettison their goods – a requirement which maritime compilations increasingly emphasised to the point of rendering their provisions hardly applicable in practice. When those same compilations began to be interpreted using legal categories extraneous to the mercantile tradition, the result was even more detached from practice – at least on a formal level
Il fallimento in Inghilterra tra Cinque e Seicento
Full text linkL'articolo studia il primissimo sviluppo della materia fallimentare nella common law tra Cinque e Seicent
Authorities in Early Modern Law Courts
No full textThis volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law – and not on its systematisation by learned jurists – it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law
Ordinatio ad Casum: Legal Causation in Italy, 14th-17th centuries
No full textThe book examines the development of legal causation in Italy from the fourteenth to the seventeenth centuries, focusing especially on practice-oriented literature (decisiones and consilia). Causality began to be discussed from the late thirteenth century and especially during the first half of the fourteenth, when it was described as ordinatio. In private law, ordinatio remained the standard approach to causation during the entire early modern period: centuries of legal practice mainly refined its scope but did not change its core. By contrast, its application in criminal law would increasingly clash with the intentionality requirement, and so it was progressively challenged
The barratry of the shipmaster in early modern law:The approach of Italian and English law courts
Full text linkFor a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think that the different legal framework of civil and common law courts progressively led to very different interpretations of the same thing. Thus, with the shift of insurance litigation from mercantile justice to law courts maritime barratry began to acquire increasingly different features in the two legal systems. Very often, the very same conduct of the shipmaster was considered as negligent by civil law courts and barratrous by common law courts. The difference was of great practical importance, for many policies excluded barratry from the risks insured against. So, depending on the kind of law court, an insurer could be charged with full liability for the mishap or walk away without paying anything. If the beginning of the story was the same, its end could not have been more different
Ruolo della chinasi calcio-calmodulina dipendente tipo II nel segnale di RET/PTC e delle chemochine
No full textNumerose evidenze epidemiologiche suggeriscono l’associazione tra il carcinoma papillare della tiroide (PTC) e la tiroidite di Hashimoto (HT). In questi studi è stata riscontrata con elevata frequenza la presenza di PTC nelle tiroidi con HT rimosse chirurgicamente ed è stato riscontrato un più elevato rischio di carcinoma tiroideo nei pazienti affetti da HT. Più recentemente, RET/PTC, uno degli oncogeni più frequenti nel PTC è stato documentato anche nella HT. L’elevata incidenza di cancro tiroideo riportato in alcuni studi e la presenza di RET/PTC possono essere considerate una dimostrazione della relazione esistente tra HT e cancro tiroideo, ma ciò non consente di distinguere se tra le due patologie vi sia una relazione causale o più meramente accidentale. Un nuovo legame tra il PTC e la HT è stato fornito dalla scoperta che l’oncogene RET/PTC genera un circuito paracrino che comprende alcune chemochine coinvolte nella patogenesi della HT. Queste chemochine producono una serie di segnali intracellulari tra i quali la modulazione della concentrazione intracellulare di calcio. Recentemente abbiamo dimostrato che la chinasi calcio-calmodulina dipendente tipo 2 (CaMKII) ha un ruolo importante nella modulazione del segnale Ras/ERK e che CaMKII è frequentemente attivata nei PTC. Pertanto questa chinasi può rivestire un ruolo importante nel segnale di RET/PTC e nella trasformazione tumorale della cellula tiroidea. Sulla base di queste premesse, poiché sia il segnale di RET/PTC che delle chemochine include la modulazione del calcio e della fesfolipasi C, l’attivazione di CaMKII osservata nei PTC può essere causata sia direttamente da RET/PTC che indirettamente attraverso un circuito autocrino che coinvolge le chemochine.
Scopo di questo progetto è determinare il ruolo di CaMKII nel cancro tiroideo e nella HT e se questa chinasi rappresenta un meccanismo molecolare che lega le due condizioni patologiche.
Il progetto perseguirà i seguenti obiettivi:
1) determinare la prevalenza dell’attivazione di CaMKII nel PTC e nella HT
2) determinare se CaMKII è mutata nei PTC o la sua attivazione è dovuta alla presenza di un segnale intracellulare a monte
3) determinare se l’oncogene RET/PTC genera autonomamente i segnali Ras/ERK e Ca2+/CaMKII o sono necessari altri cofattori per attivare CaMKII
4) determinare se CaMKII è necessaria per il segnale Raf/ERK e la proliferazione stimolati da RET/PTC
5) determinare se le chemochine indotte da RET/PTC sono coinvolte nell’attivazione di CaMKII osservata nei PTC
The barratry of the shipmaster in Early Modern Law:Polysemy and Mos Italicus
Full text linkBarratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings of the same term had a significant influence on the qualification of maritime barratry, an influence otherwise difficult to explain
Mercantile networks : short remarks from sixteenth-century Anglo-Italian letters
Full text linkThe article explores mercantile network dynamics in sixteenth-century business correspondence, challenging mainstream scholarly literature on the working and, especially, the alleged benefits of networks
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