Search results for "prece"
showing 10 items of 192 documents
Il diritto islamico nel sistema delle fonti normative dell'ordinamento iraniano
2011
The essay aims to analyze the Iranian legal order by dweeling upon the connection between the religious legal sources and the secular ones. The acknowledgement of an apical right, whose origin is divine, coexists indeed with the law-making process provisions. In particular, the Author stresses the distinctive features and inherent contradictions of this legal order, which is defined as a "constitutional theocracy". Furthermore, the Author also addresses the duties of the Council of Guardians, which plays a central role in the definition of the hierarchy of legal sources, working both as interpreter of the Constitution and as controller of the compliance of ordinary and constitutional laws w…
La rilevanza del fatto nella struttura del precedente giudiziario inglese
2013
The essay looks at how the so-called doctrine of judicial precedent in English law has come to a gradual development over the years. In truth, the elucidation of judicial precedents is essentially due to the contributions that legal doctrine and judicial decisions alike have been making since the 19th century’s reforms culminated in the 1873 – 1875 Judicature Acts. Since then, the notion of precedent started being the object of specific reflections. Alongside this process, it was perceived that there might be circumstances which might justify the courts in not following precedents. Among the circumstances that in a growing number of cases were used to obtain that result the evaluation of th…
Corte edu e corte costituzionale tra operazioni di bilanciamento e precedente vincolante. Spunti teorico-generali e ricadute penalistiche.
2020
This article is divided into three parts. The subject is the complex connections between the test balancing of the Italian Constitutional Court and that of the CEDU Court. Balancing between interests protected by European Convention and interests protected by national constitutional system. The “ad hoc balancing” is the first type of test balancing, according to the author, applied by CEDU Court to many judicial cases, which argues that the value protected by the European Convention is superior to the value protected by the national State. In the second part of the article, the author shows some judicial cases as examples of his argumentation. In the third part, the author analyzes the case…
Authorities in Early Modern Law Courts
2021
This 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 view…
Schemi e scelte nel ragionamento giuridico
2015
Si studiano diversi schemi di ragionamento giuridico, analogia e precedente.
I sistemi delle classi d’età. Il contributo teorico di Bernardo Bernardi e la loro riscoperta contemporanea in chiave identitaria e patrimoniale
2020
This chapter considers Bernardi’s contribution to two different processes of traditional institutions revival in East Africa. He was the main ethnographer of the Mugwe, a traditional dignitary of the Meru of Kenya, that ceased to exist soon after his field work. He used the attribution ‘failing prophet’ in the title of the first edition of his book, changed into ‘blessing prophet’ in the following edition, having in the meanwhile registered a growing symbolic consideration for the institution. The history of the gadaa generational class system of the Oromo is intertwined with the Oromo liberation struggle. The institution never disappeared entirely, having remained operative among the Oromo…
Alle origini delle discipline aziendali: l’opera di G.A. Tagliente
2017
The Contribution of G.A. Tagliente to the birth of business disciplines The paper presents the work of a XVI century Italian Accounting author, G.A. Tagliente, giving a historiographic interpretation under a business economics point of view. The research is placed in a wider project of mapping Early Mod- ern Era contributions on Accounting, where contents, distinctly analyzed, are linked to their respective social and economic contexts. In the paper biograph- ical notes are placed in the Early XVI Century Venice and the whole literary production of the Author is presented before the proper accounting one. He was the second writer on double entry method, after Pacioli’s work. He pub- lished …
Sperm competition and small size advantage for males of the golden orb-web spider Nephila edulis
2000
Sexual selection, through female choice and/or male‐male competition, has influenced the nature and direction of sexual size dimorphism in numerous species. However, few studies have examined the influence of sperm competition on size dimorphism. The orb-web spider Nephila edulis has a polygamous mating system and extreme size dimorphism. Additionally, the frequency distribution of male body size is extremely skewed with most males being small and few large. The duration of copulation, male size and sexual cannibalism have been identified as the significant factors determining patterns of sperm precedence in spiders. In double mating trials, females were assigned to three treatments: either…
The Indeterminacy of Precedent : Negotiating the Admissibility of Victim Participant Testimony before the International Criminal Court
2021
Abstract The icc represents a legal laboratory that is still consolidating itself, with multiple unclarities in evidence and procedural law requiring resolution through jurisprudence. Our paper draws on interaction analysis to unpack this process, focusing on the jurisprudential construction of ‘dual status’ victim participant testimony. To elucidate how this evidentiary/procedural element is locally negotiated, we examine an excerpt from the Ongwen hearing transcripts, in which the defense objects against the testimony by a dual status witness called by the victim participants’ legal representative. The analysis traces how the defense counsel’s objection is anchored in a trajectory of prio…
Dynamics of a Ferromagnetic Particle Levitated Over a Superconductor
2018
Under conditions where the angular momentum of a ferromagnetic particle is dominated by intrinsic spin, applied torque is predicted to cause gyroscopic precession of the particle. If the particle is sufficiently isolated from the environment, a measurement of spin precession can potentially yield sensitivity to torque beyond the standard quantum limit. Levitation of a micron-scale ferromagnetic particle above a superconductor is a possible method of near frictionless suspension enabling observation of ferromagnetic particle precession and ultrasensitive torque measurements. We experimentally investigate the dynamics of a micron-scale ferromagnetic particle levitated above a superconducting …