1,720,969 research outputs found
Equity as a vehicle for law reform: The case of unilateral mistake
Get PDFIn this paper I ask whether English Law should permit rescission for unilateral mistakes in the formation of contract, in circumstances where the defendant (D) knew or should have known about the claimant’s (C) mistake, and if so, should Equity be (re)employed to deploy the remedy. The paper introduces the Caveat Emptor Common Law rule on this issue, which rules out rescission, and the various considerations that count in its favour. I argue that neither considerations from efficiency, nor those based in ethics can justify the current rule, and that new, flexible and morally-sensitive resolution is called for. If we examine the way in which Equity intervenes to reform areas of law where the Common Law fails to provide a satisfactory solution to legal disputes, we will see that the Caveat Emptor rule displays exactly the kind of defects that Equity does a very good job at remedying. The law on the duty to disclose information at the precontractual stage emerges as an excellent example for Equity’s great potential as a vehicle for improving the law in a measured, nuanced and imaginative way.Peer reviewe
Equity as a Vehicle for Law Reform: The Case of Unilateral Mistake
Get PDFIn this paper I ask whether English Law should permit rescission for unilateral mistakes in the formation of contract, in circumstances where the defendant (D) knew or should have known about the claimant’s (C) mistake, and if so, should Equity be (re)employed to deploy the remedy. The paper introduces the Caveat Emptor Common Law rule on this issue, which rules out rescission, and the various considerations that count in its favour. I argue that neither considerations from efficiency, nor those based in ethics can justify the current rule, and that new, flexible and morally-sensitive resolution is called for. If we examine the way in which Equity intervenes to reform areas of law where the Common Law fails to provide a satisfactory solution to legal disputes, we will see that the Caveat Emptor rule displays exactly the kind of defects that Equity does a very good job at remedying. The law on the duty to disclose information at the precontractual stage emerges as an excellent example for Equity’s great potential as a vehicle for improving the law in a measured, nuanced and imaginative way.Peer reviewe
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
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Equity ::conscience goes to market /
No full textThe law of equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. By exploring the general principles that underlie equity's intervention in the common law, this text argues that equity should be preserved as a separate body of law that aims to align moral and legal duties in private law
Equity, Morality and Law in The Nature of the Judicial Process
No full textVol. 34-1For equity lawyers over the big pond, Cardozo is hero: one of a few judges whose fame has survived the great rift that opened between English and American law when the latter embraced fusion between equity and law and the consequent decline in the study of equity as an independent body of law. Cardozo’s extensive engagement with doctrines whose origins lie in equity (even if this has been long forgotten in his native country), the colorful language in which he immortalized them, and the bold ways in which he developed some of the central themes of modern equity—like the fiduciary relationship and the constructive trust—enshrined him as a force to be reckoned with in the field of equity. It is no wonder that a man of “[t]he most delicate conscience and the nicest sense of honour” like Cardozo, was drawn to equity as a major source of inspiration.1 In this paper I wish to argue that the jurisprudence of equity is a key to understanding his treatise on the art of judging, The Nature of The Judicial Process (NJP). While the text is too nuanced and rich to be placed firmly in one tradition or school of thought, I argue that the jurisprudence of equity with its highly sophisticated engagement with the issues that are of concern to Cardozo, and the historical perspective it offers to the pragmatically-minded jurist, serves as an essential foil for the work he aims to do in the text
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
Equity: Conscience Goes to Market
No full textThis book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose
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