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Andreas Blank 《History of European Ideas》2017,43(5):401-415
The question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that both the usage of Latin by practitioners of law and the vernacular common usage of ordinary people often differed from the technical definition of legal concepts as laid down by ancient jurists or modern legislators. In some cases, they ascribed both to Latin and to vernacular common usage the power of changing the meaning of juridical terms. Still, they were aware of the fact that matters of common usage involve always a degree of uncertainty. The methodological notion of presumption is one of the concepts that figured most prominently in Renaissance approaches to the problem of uncertainty, and, in particular, it was applied in the analysis of meaning-change of legal concepts through common usage. 相似文献
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Andreas Schäfer 《Australian journal of political science》2017,52(3):419-435
This article presents a novel analytical account of the relationship between deliberation and representation by reconstructing the specific institutional logics that guide deliberative action in parliaments. In contrast to the dominant generalised paradigm in empirical deliberation research it develops a contextualised-systemic approach. The article argues that the parliamentary context is characterised by a tension between two equally legitimate institutional logics: a discursive one, institutionalised through parliamentary procedures, and a positional one, constituted by relations of representation. The resulting theoretical model links the specific institutional and situational conditions to different forms and functions of deliberation. Depending on the specific balance between both logics deliberation fulfils functions of either integration or contestation. The model is applied to a comparative analysis of different cases of parliaments demonstrating how this account can advance both the comparative analysis of deliberation in representative institutions and the development of deliberative democracy after the systemic turn. 相似文献
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Andreas Mense 《Journal of regional science》2018,58(2):315-329
Many empirical studies in the fields of urban and environmental economics rely on the hedonic pricing framework. This paper draws attention to two important elements that are not covered by this theory: uncertainty and relocation costs. It develops a theoretical model where agents face uncertainty, but may accumulate savings as a form of self‐insurance. It shows that uncertainty pushes up relocation costs due to the option value of waiting, while self‐insurance helps to reduce this lock‐in problem. Moreover, the model suggests that the implicit price of environmental quality increases with uncertainty even if agents are risk‐neutral. 相似文献
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The claim of a positive association between a firm's social assets and its innovative capacity is a widely debated topic in the literature. Although controversial, such an argument has informed recent innovation policy across Germany, increasingly directed to the cluster formation. In the light of the growing attention and financial efforts that cluster-based innovation policies are receiving, it is worth answering two main questions. First, are firms with a relatively high level of social capital likely to be more innovative? Secondly, do companies pursuing innovation in partnership innovate more? This paper empirically answers these questions by exploring a cross-sectoral sample of 248 firms based in the Jena region. On the one hand, the extent to which a firm is integrated in its community life does not contribute to an explanation of its innovative performance. On the other hand, directed cooperation with the specific goal of innovating shows a positive impact on innovative performance. However, the correlation between the extent of the network of co-innovators and firms' innovative capacity presents an inverted U-shaped relation: there is a threshold in the number of co-innovators justified by the costs of innovating by interacting. A policy lesson can be drawn from these findings: cluster-based policies are to be treated with caution as firms face costs of networking and not merely benefits. 相似文献
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When the first Polynesian settlers arrived on Rapa Nui, about 70% of the island was covered with dense woodland in which Jubaea palms dominated. Our investigations of extended soil profiles provide evidence that more than 16 million palm trees grew on the island. Nearly all palms were removed by the 16th century. Teeth marks on nutshells of the Jubaea palms from the 13th or 14th centuries attest to the activity of Pacific rats (Rattus exulans) on Rapa Nui, which were probably imported there by the first Polynesians settlers. Did the rats perhaps prevent the germination of palm seeds and thus the regeneration of the dense palm woodland of Rapa Nui? 相似文献
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Investigations of prehistoric cave art have long neglected the surrounding context: space, archaeological objects, and imprints. As a result, an integrative structural approach that analyzes cave art as part of an anthropomorphized landscape has not been available. This article draws on urban planning and the physiology of the human eye to provide an innovative archaeospatial analysis of cave sites. A set of relevant features from the caves of Bédeilhac, Fontanet, and Le Portel was selected and defined (light zone, chamber type, path network, mode of movement, and available space). An analysis of the prehistoric remains in the caves allows the reconstruction of different concentrations of human activities (cave art, archaeological objects, and imprints). The projection of these concentrations onto the structured map of the caves results in four types of locations: drawing location, supply location, drawing location with substantial activities, and drawing location with consumption activities. This approach opens new avenues for the archaeological perception of caves and their inhabitants: Upper Paleolithic humans were very familiar with caves and probably followed a master plan during their stay in the dark. 相似文献