1,720,995 research outputs found
Rape and the Civil Law: An Alternative Route to Justice
Get PDFOver the past three decades there has been a considerable amount of attention paid to the problem of rape and how the law and legal system should address it. And yet, in spite of significant legislative changes and political goodwill, attrition rates remain high and conviction rates low. In light of this, this thesis will explore the civil law, and in particular the trespass to the person torts, as an alternative route to justice. By placing the crime of rape within the framework of tort law it seeks to provide an alternative perspective from which to interrogate the harm of rape. Exploring the small body of case law, it will consider the extent to which tort law can respond to and might disrupt the distorting presence of ‘rape myths’. It outlines the purpose(s) of tort law and the reasons as to why civil claims for rape (or acts like rape) may or may not be pursued, before considering its gendered limitations. Further, the strengths and shortcomings of the civil law’s procedural rules and structures that differ from the criminal law will be explored, as well as the extent to which tort law may contribute to maintaining a problematic conception of rape. The thesis concludes that while tort law is unlikely to provide an ideal route to justice, it might – at least for some – offer an alternative avenue to redress; and placing rape in the context of tort law – with different purposes, substance and procedures to the criminal law – might reshape and reframe debates, allowing us to rethink rape and the possible legal responses
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
Rethinking the privilege against self-incrimination
No full textWhile recognized in a large number of jurisdictions, the privilege against self-incrimination proves hard to justify. This article attempts to develop a rationale for the privilege which avoids the usual pitfalls. It argues that the most compelling rationale for the privilege is that it serves as a distancing mechanism, allowing defendants to disassociate themselves from prosecutions. The resulting account has implications for the scope of the privilege. First, it suggests that no distinction should be drawn between requirements to speak and requirements to provide the authorities with documents, blood samples and the like. Second, it is argued that recognition of a privilege against self-incrimination implies that we should recognize a privilege against other incrimination which has similar force. Attention is also paid to exceptions to the privilege
Character in the criminal trial
No full textA comprehensive analysis of the bad character provisions in the Criminal Justice Act 2003 •Explores conceptual, doctrinal, and theoretical issues underlying character evidence •Examines the use of character evidence in determining sentences. If a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial. Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence. Issues examined in the course of the book include: psychological and philosophical debates about the stability of character; criminological research on recidivism and the nature of criminal careers; ethical debates about the use of prior behaviour to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character
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