Academic literature on the topic 'Right of property – Italy – History'
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Journal articles on the topic "Right of property – Italy – History"
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Shabalin, Andrii. "On the issue of codification of legislation in the field of intellectual property." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 74–81. http://dx.doi.org/10.33731/12021.234196.
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Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine
This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.
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Sredinskaya, Natalia. "To the History of International Law: the Property Rights of the Citizens of Local Centres of Italy in the 14th and 15th Centuries in Foreign Territory." ISTORIYA 12, no. 9 (107) (2021): 0. http://dx.doi.org/10.18254/s207987840017155-9.
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This paper considers what the archival material of the 14th and 15th centuries can tell us about this question: how and to what extent the rights of the inhabitants of certain northern Italian cities (Ferrara, Cremona, Padua and Venice) were protected if their property was located in foreign territory and/or their property interests could be restricted by the power structures of another Italian centre. The first problem concerned the property of the Church. A study of the documentary material shows that one way of preserving the property of the Church on foreign territory, despite the increasing tendency of secular rulers to seize church lands, was to place it in possession of the local population on a secure basis - emphyteusis, livelles, or other type of long-term use. The second problem was enforcing the contracts, i.e. suing the party which had not fulfilled or improperly fulfilled their terms if the infringer was on foreign soil. The records show that this was most probably enshrined in agreements between the Italian city-states and was incorporated by means of a special formula in the treaties. The third problem was related to the property rights of the inhabitants of medieval Italy, whose real estate, together with the territory in which it was situated, passed under the jurisdiction of another ruler. A study of the lettere ducali shows that such legal relations were based on treaties between the rulers of Italian territorial states and became the subject of diplomatic correspondence
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Bauer, Stefan. "History for Hire in Sixteenth-Century Italy: Onofrio Panvinio’s Histories of Roman Families." Erudition and the Republic of Letters 4, no. 4 (October 26, 2019): 397–438. http://dx.doi.org/10.1163/24055069-00404002.
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Onofrio Panvinio was hired by sixteenth-century Roman families to write their histories and, where necessary, be prepared to bend the facts to suit their interests. This occasionally entailed a bit of forgery, usually involving tampering with specific words in documents. In most respects, however, Panvinio employed the same techniques—archival research and material evidence such as tombs and inscriptions—which distinguished his papal and ecclesiastical histories. This suggests that genealogy, despite being commissioned by aristocratic families to glorify their ancestries, can be seen as a more serious field of historical investigation than is often assumed. Yet the contours of this genre of history for hire in sixteenth-century Italian historiography are nowhere near exact. Panvinio struck a balance between fulfilling the expectations of the noble families who commissioned him and following his own scholarly instincts as an historian, but he nevertheless did not seek their publication. By contrast, Alfonso Ceccarelli, who also composed family histories, veered considerably in the direction of flattering his patrons, even forging entire papal and imperial privileges. Indeed, he was condemned to death for the forgery of wills concerning the property rights of nobles.
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Leonardi, Salvo, and Donata Gottardi. "Why no board-level employee representation in Italy? Actor preferences and political ideologies." European Journal of Industrial Relations 25, no. 3 (February 21, 2019): 291–304. http://dx.doi.org/10.1177/0959680119830574.
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Unlike most continental EU countries, Italy lacks any system of board-level employee representation, despite a specific article in the 1948 Constitution. Hence, involvement and participation remain limited to the sphere of contractually established information and consultation rights, primarily because of the reluctance of the social partners to establish reciprocal responsibilities by law. Employers feared that this would limit their property rights and prerogatives, unions that it would restrict their own autonomy. After a long history of confrontational industrial relations, there has been a shift towards participatory approaches, but in a distinctive way. We present an overview of the historical background and the cultures and practices of the main actors, the Italian approach to industrial democracy, the influence of other national models and the current debates and legislative proposals. We conclude by assessing the opportunities for and obstacles to real change in the future.
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Sredinskaya, Natalia. "On the Question of the Peculiarities of the Translation of Legal Texts." ISTORIYA 13, no. 11 (121) (2022): 0. http://dx.doi.org/10.18254/s207987840023065-0.
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The article examines the use and translation of key terms of Roman law: “proprietas”, “possessio” and “detentio”, which were used in medieval texts in one way or another; at least when it comes to the act material of medieval Italy. Despite the fact that the translation of “possessio” as «владение» has been established in Russian romanistics, the translator must take into account that in Russian the use of the words «владение», «владелец» has certain features. The main problem is that until now, often (with the exception of scientific works of lawyers), the term «владелец» is used to refer to the person who owns the property right, the owner, contrary to the dichotomy between the concepts of «владение» and «собственность». Problems also arise when translating into English. Belonging of England to the Anglo-Saxon legal system leads to difficulties in transferring legal terms of the continental system based on Roman law. Researchers and translators of Latin legal texts can avoid accusations of inaccuracy by resorting to the use of legal terms in Latin in the text, or by duplicating the Latin translation of such a term into English or another language.
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Barca, Stefania. "Enclosing the River: Industrialisation and the 'Property Rights' Discourse in the Liri Valley (South of Italy), 1806-1916." Environment and History 13, no. 1 (February 1, 2007): 3–23. http://dx.doi.org/10.3197/096734007779748264.
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Bonadio, Enrico, and Magali Contardi. "The Geographic Indication Prosecco Battle Between Italy and Australia: Some Lessons from the History and Geography of the Most Famous Italian Wine." Journal of World Investment & Trade 23, no. 2 (April 26, 2022): 260–92. http://dx.doi.org/10.1163/22119000-12340248.
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Abstract This article seeks to contribute to the debate around the legality of the Prosecco geographical indication (GI). The article’s main point is to demonstrate that the term Prosecco does satisfy the conditions laid down in Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that its protection as a GI in both the European Union (EU) and other countries does not run counter to TRIPS. Through a review of the relevant literature, the article shows that this term has been used for many centuries in the northeastern part of the Italian peninsula to refer to a high-quality wine, including in the territory around the village of Prosecco in the Friuli Venezia Giulia region of Italy. This suggests a strong link between that area and the quality and reputation of the famous Italian sparkling wine and strengthens the EU and Italy’s claims for the protection of the term Prosecco as GI in both the EU and other countries that sign trade agreements with the EU.
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wohlwill, emil. "the discovery of the parabolic shape of the projectile trajectory." Science in Context 14, s1 (June 2001): 375–410. http://dx.doi.org/10.1017/s0269889701000448.
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in the fourth volume of his history of the experimental method in italy (caverni 1891–1900, 4:506–33), raffaello caverni fulfilled the promise he had made four years earlier in an introductory overview of his work (ibid., 1:135–36): to prove on the basis of the history of the discovery of the parabolic shape of the projectile trajectory that galileo claimed the intellectual property of his eminent contemporaries as his own, and to show how this was accomplished. one had the right to expect that the proponent of such an entirely new opinion in a case which he himself considered to be, in the words of bacon, an instantia praerogativa for the justification of his view, would weigh the value of each individual argument with absolute impartiality and do complete justice to the ambiguity of the given facts. he would have to state his case in compelling logic so that a clear-thinking individual would have no choice, in this case at least, but to believe in the dishonorable theft by a great man. in these expectations we have been disappointed thoroughly by caverni: his argumentation is in all aspects that of a shrewd lawyer who considers it his task to allow only one side of the question to come to light, to collect everything that might be utilized in favor of his biased reading, to hold back anything which might give rise to the idea that things could be viewed in another way. he believed it permissible for his own purposes to operate with presumptions as if they were facts, and to regard as proven what is at best probable.
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Ghezzi, Agnese. "Filing the world: Archives as cultural heritage and the power of remembering." International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1738–55. http://dx.doi.org/10.1093/icon/moab138.
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Abstract This article analyzes the relationship of archives to law and history, taking a critical look at the complex interplay between preservation, memory, and forgetting. Going beyond the idea of the archive as fixed and immovable, the article considers the archive in its dynamism, its chronological evolution, and its changing relations to both the state and the private individual. The article draws on examples from both national legislation and international bodies to highlight different problems arising from crucial dichotomies. The case of Italy shows how the significance of archives oscillates between historical and administrative; the French case underlines the clash between state secrecy and public access; and English-speaking countries bring about a discussion on the contrasts between private and public property. Cases of national as well as international bodies provide examples of archives’ relationship to memory and oblivion, as well as of global and local management. The article considers how the establishment of dedicated institutions, guidelines, and constraints shapes the process of document preservation and access, enabling or frustrating the dissemination of historical awareness, administrative transparency, and human rights recognition.
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Sperling, Jutta. "Dowry or Inheritance? Kinship, Property, And Women's Agency in Lisbon, Venice, and Florence (1572)." Journal of Early Modern History 11, no. 3 (2007): 197–238. http://dx.doi.org/10.1163/157006507781147470.
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AbstractThe marital property regimes, inheritance practices, and kinship structures of Renaissance Italy and early modern Portugal were at opposite ends of a spectrum. In Italy, the legitimacy of marriage was defined as the outcome of dowry exchange governed by exclusio propter dotem, thus conceptually linked to the disinheritance of daughters and wives. In Portugal, where the Roman principle of equal inheritance was never abolished, domestic unions qualified as marriages insofar as joint ownership was established. Kinship structures were rigidly agnatic in Italy, but cognatic, even residually matrilineal, in Portugal. An investigation of notarial records from Lisbon, Venice, and Florence shows how women's capacity for full legal agency as property owners in both societies differed. Female legal agency, however, whether measured by women's capacity to engage in property transactions independently of their marital status (Portugal), or as the manipulation of limited legal resources, even resistance against a system of dispossession (Italy), always unfolded within the context of larger agendas that were beyond women's control, such as the processes of state formation in medieval Italy and empire-building in Portugal.
Dissertations / Theses on the topic "Right of property – Italy – History"
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Yeung, Hoi-yan. "Property rights to views : a study of the history of reclamation in Victoria Harbour /." Hong Kong : University of Hong Kong, 2001. http://sunzi.lib.hku.hk/hkuto/record.jsp?B24521036.
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Dunn, Kimberlee Harper. "Germanic Women: Mundium and Property, 400-1000." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5378/.
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Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.
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Yeung, Hoi-yan, and 楊愷欣. "Property rights to views: a study of the history of reclamation in Victoria Harbour." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2001. http://hub.hku.hk/bib/B31242625.
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Chi, Young-hae. "By what right do we own things? : a justification of property ownership from an Augustinian tradition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:5555bb1d-9d5c-4260-b2bc-3c04c61ecb31.
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The justification of property ownership based on individual subjective rights is tightly bound to humanist moral perspectives. God is left out as irrelevant to the just grounds of ownership, which is established primarily on the basis of human self-referential, moral capacity. This thesis aims at developing an alternative justification, both for property as an institution and as a private holding, with a view to bringing God back into the centre stage and thereby placing property ownership on the objective concept of right. A tradition hitherto generally left unnoticed, yet uncovered here as the source of inspiration, vests the whole project with a moral-teleological tone. The tradition, enunciated by St. Augustine and developed by St. Bonaventure and John Wyclif, invites us to see property from the perspective of a moral end: it ought to be used for the love of God and neighbours, and as such it can be owned only by the just. In spite of important insights into the moral nature of property, the Augustinian thesis not only fails to spell out what ‘use for love’ means but also suffers from elitism. Nor does it offer an adequate justification of private property. Such weaknesses call for revision. When we reinterpret the Augustinian thesis through the concept of the divine imperative of service coupled with a proper understanding of human work, property acquires a distinctive justification. Property, as an institution, is justified as a requisite for carrying out God’s redemptive work towards the world. From this general justification ensues the particular justification. We hold property as specifically ‘mine,’ since each person’s ordained mission to participate in God’s work requires a uniquely personal material means, although the recognition and fulfilment of individual mission still demands communal efforts. The duty to carry out the God-commanded mission at first allows us to possess private property only in a non-proprietorial and non-exclusive manner. Yet in the prevailing condition of economic scarcity and human greed, civil jurisdiction must provide a structure of rights to enforce property institution. As God’s invitation for the transformation of the world is a universal command, everybody should have a minimum of property, and yet in differentiation of the scope and kinds commensurate with the particularities of individual mission.
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Emanoil, Valerie A. "'In My Pure Widowhood': Widows and Property in Late Medieval London." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1211560325.
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Cooper, Carrie Elizabeth. "On the Explanation of the Wealthy Slave in Classical Athens." Thesis, Georgia Institute of Technology, 2007. http://hdl.handle.net/1853/19802.
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This paper seeks to explain the existence of wealthy and socially influential slaves in the fourth century BCE at Athens, Greece. I describe what went on at Athens from the late seventh century until the early third century and show that transformation in the land to labor ratio combined with cultural, legal and political changes led to a period of time where slaves acquired wealth and power. First, changes in the land to labor ratio at a time when Athens was going through vast political change led to a culture where it was socially unacceptable for a free Athenian to work for another free Athenian. Slaves could then work in sectors unavailable to free Athenians, which led them to gain wealth and eventually societal power.
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Simelon, Paul J. "Etude de la propriété en Lucanie romaine depuis les Gracques jusqu'aux Flaviens." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213112.
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Johansson, Linus. "Över 90 år men inte vuxen? : En kvalitativ undersökning av Florence Stephens tvister om myndighetsförklaring och god man." Thesis, Linnéuniversitetet, Institutionen för kulturvetenskaper (KV), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-67452.
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Florence Stephens became the owner of Huseby bruk, an industry located in Småland, 1934 while she was just over 50 years old, she inherited it from her late father. Huseby bruk, while under the ownership her father Huseby bruk had a thriving economy and expanded. When he died his daughter Florence Stephens took over. Missing formal education regarding how to manage an industry led to a declining economy and later one of the bigger economic scandals in the county. One of the outcomes of the scandal was that Florence Stephens was declared a legally incompetent person and she remained so in 19 years. This study aims to fill in the gaps of studies regarding her attempts to regain her legal competence and in the legal dispute about arranging an administrator for Florence Stephens that followed. Further this study analyzes her right of possession to Huseby bruk and if she had all the rights she was entitled. The source material chosen for this study is documents left over from her cases located at Linnéuniversitetet in the Huseby archives. The result reached by the study was that Florence Stephens regained her legally competence 1976 which led to a response from Alvesta chief guardian requesting that this only happens if an administrator is assigned. This lead to a long lawsuit ending in October 1978. Regarding her possession of Huseby have the study concluded that she still had the rights but they were not absolute.
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Yanou, Michael A. "Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1003214.
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This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
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Yernault, Dimitri. "L'Etat et la propriété: permanences et mutations du droit public économique en Belgique de 1830 à 2011." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209832.
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Cette thèse, déposée en juin et défendue en octobre 2011, vise à redéfinir une branche de l’analyse juridique d’une actualité brûlante par les mouvements longs de son histoire. Le droit public économique est majoritairement défini comme étant celui qui résulte de l’"interventionnisme" économique public. Il convient plutôt de le considérer comme étant celui qui résulte de la politique économique et qui encadre celle-ci. Déjà le Gouvernement provisoire de 1830 ne partit pas de rien pour instaurer un droit assorti au marché d’alors, s’inscrivant pour partie dans la continuité des fondamentaux importés lors de l’annexion française et préservant ce qui l’arrangeait dans le droit économique hollandais. Bien vite, après avoir installé le droit requis et, notamment en donnant son ossature au marché belge par l’initiative publique ferroviaire, le législateur dut sauvegarder le système financier lors de la crise de 1838-1839. Le droit public économique proprement belge entamait ainsi une expansion qualitative et quantitative ininterrompue, pour connaître des mutations perpétuelles, au gré de crises économiques nombreuses, de guerres mondiales, de la colonisation du Congo, de l’entrée dans la régionalisation économique puis le fédéralisme, de l’approfondissement de la construction européenne… A y regarder de plus près, du marché communal médiéval au marché unique en voie d’intégration, les questions de la taille de l’espace géographique dans lequel s’inscrit le marché belge ont une influence déterminante sur le droit public économique applicable à une époque donnée. Malgré ces mutations, le droit public économique n’en présente pas moins une structure permanente qui s’articule autour de cinq grandes relations existant entre les institutions juridiques de l’État et de la propriété :1/ l’État dessine les régimes de propriété ;2/ l’État est lui-même propriétaire ;3/ l’État police et régule les usages de le propriété ;4/ l’État soutient selon les circonstances certaines catégories de propriétaires ;5/ l’État redistribue certains fruits et influences tirés de la propriété.
Si la thèse porte essentiellement sur la période qui court de l’Indépendance à la veille de la sixième réforme de l’État, d’une part, et alors que la Belgique connaît une crise des finances privées et publiques enclenchée en 2008, d’autre part, elle offre à la fois une histoire inédite de la législation économique et un examen minutieux des grandes questions contemporaines qui agitent le droit public économique. Elle aborde ces mouvements longs en trois grandes parties (de 1830 à 1919 aux temps du suffrage restreint ;de 1919 à 1980 de l’avènement du suffrage universel à la crise de la fin des Trente Glorieuses ;de 1980 à nos jours, soit depuis l’installation concomitante du fédéralisme et du primat de la concurrence).
S’intéressant au mouvement communal comme au droit colonial, au sauvetage des secteurs jugés systémiques comme à la fondation de grands organismes d’intérêt public, à la régulation comme à la soi-disant subsidiarité fonctionnelle de l’État, la dissertation vérifie l’hypothèse selon laquelle un droit qui a pour objet la politique économique repose sur l’ensemble des cinq grands rapports identifiés que nouent l’État et la propriété. Elle permet ainsi de mieux appréhender ce qu’est la vraie "Constitution économique" de la Belgique, laquelle est loin d’être portée par sa seule Constitution écrite.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Books on the topic "Right of property – Italy – History"
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Dietze, Gottfried. In defense of property. Lanham, MD: University Press of America, 1995.
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Pipes, Richard. Property and freedom. New York: Vintage Books, a division of Random House, 2000.
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Pipes, Richard. Property and freedom. New York: Alfred A. Knopf, 1999.
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Pipes, Richard. Propiedad y libertad: Dos conceptos inseparables a lo largo de la historia. Mexico, D. F., Mexico: Turner, 2002.
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1938-, Ely James W., ed. The contract clause in American history. New York: Garland Pub., 1997.
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American property: A history of how, why, and what we own. Cambridge, Mass: Harvard University Press, 2011.
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Gill, Kulwant. Hindu women's right to property in India. New Delhi: Deep & Deep Publications, 1986.
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Eagle, Steven J. The birth of the property rights movement. Washington, D.C: Cato Institute, 2005.
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Suanzes-Carpegna, Joaquín Varela. Propiedad e historia del Derecho. Madrid: Colegio Registradores de Propiedad y Mercantiles de España, Centro de Estudios, 2005.
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Song dai wu quan guan xi yan jiu. Beijing: Zhongguo she hui ke xue chu ban she, 2006.
Find full textBook chapters on the topic "Right of property – Italy – History"
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Donohue, Christopher. "“A Mountain of Nonsense”? Czech and Slovenian Receptions of Materialism and Vitalism from c. 1860s to the First World War." In History, Philosophy and Theory of the Life Sciences, 67–84. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-12604-8_5.
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AbstractIn general, historians of science and historians of ideas do not focus on critical appraisals of scientific ideas such as vitalism and materialism from Catholic intellectuals in eastern and southeastern Europe, nor is there much comparative work available on how significant European ideas in the life sciences such as materialism and vitalism were understood and received outside of France, Germany, Italy and the UK. Insofar as such treatments are available, they focus on the contributions of nineteenth century vitalism and materialism to later twentieth ideologies, as well as trace the interactions of vitalism and various intersections with the development of genetics and evolutionary biology see Mosse (The culture of Western Europe: the nineteenth and twentieth centuries. Westview Press, Boulder, 1988, Toward the final solution: a history of European racism. Howard Fertig Publisher, New York, 1978; Turda et al., Crafting humans: from genesis to eugenics and beyond. V&R Unipress, Goettingen, 2013). English and American eugenicists (such as William Caleb Saleeby), and scores of others underscored the importance of vitalism to the future science of “eugenics” (Saleeby, The progress of eugenics. Cassell, New York, 1914). Little has been written on materialism qua materialism or vitalism qua vitalism in eastern Europe.The Czech and Slovene cases are interesting for comparison insofar as both had national awakenings in the middle of the nineteenth century which were linguistic and scientific, while also being religious in nature (on the Czech case see David, Realism, tolerance, and liberalism in the Czech National awakening: legacies of the Bohemian reformation. Johns Hopkins University Press, Baltimore, 2010; on the Slovene case see Kann and David, Peoples of the Eastern Habsburg Lands, 1526-1918. University of Washington Press, Washington, 2010). In the case of many Catholic writers writing in Moravia, there are not only slight noticeable differences in word-choice and construction but a greater influence of scholastic Latin, all the more so in the works of nineteenth century Czech priests and bishops.In this case, German, Latin and literary Czech coexisted in the same texts. Thus, the presence of these three languages throws caution on the work on the work of Michael Gordin, who argues that scientific language went from Latin to German to vernacular. In Czech, Slovenian and Croatian cases, all three coexisted quite happily until the First World War, with the decades from the 1840s to the 1880s being particularly suited to linguistic flexibility, where oftentimes writers would put in parentheses a Latin or German word to make the meaning clear to the audience. Note however that these multiple paraphrases were often polemical in the case of discussions of materialism and vitalism.In Slovenia Čas (Time or The Times) ran from 1907 to 1942, running under the muscular editorship of Fr. Aleš Ušeničnik (1868–1952) devoted hundreds of pages often penned by Ušeničnik himself or his close collaborators to wide-ranging discussions of vitalism, materialism and its implied social and societal consequences. Like their Czech counterparts Fr. Matěj Procházka (1811–1889) and Fr. Antonín LenzMaterialismMechanismDynamism (1829–1901), materialism was often conjoined with "pantheism" and immorality. In both the Czech and the Slovene cases, materialism was viewed as a deep theological problem, as it made the Catholic account of the transformation of the Eucharistic sacrifice into the real presence untenable. In the Czech case, materialism was often conjoined with “bestiality” (bestialnost) and radical politics, especially agrarianism, while in the case of Ušeničnik and Slovene writers, materialism was conjoined with “parliamentarianism” and “democracy.” There is too an unexamined dialogue on vitalism, materialism and pan-Slavism which needs to be explored.Writing in 1914 in a review of O bistvu življenja (Concerning the essence of life) by the controversial Croatian biologist Boris Zarnik) Ušeničnik underscored that vitalism was an speculative outlook because it left the field of positive science and entered the speculative realm of philosophy. Ušeničnik writes that it was “Too bad” that Zarnik “tackles” the question of vitalism, as his zoological opinions are interesting but his philosophy was not “successful”. Ušeničnik concluded that vitalism was a rather old idea, which belonged more to the realm of philosophy and Thomistic theology then biology. It nonetheless seemed to provide a solution for the particular characteristics of life, especially its individuality. It was certainly preferable to all the dangers that materialism presented. Likewise in the Czech case, Emmanuel Radl (1873–1942) spent much of his life extolling the virtues of vitalism, up until his death in home confinement during the Nazi Protectorate. Vitalism too became bound up in the late nineteenth century rediscovery of early modern philosophy, which became an essential part of the development of new scientific consciousness and linguistic awareness right before the First World War in the Czech lands. Thus, by comparing the reception of these ideas together in two countries separated by ‘nationality’ but bounded by religion and active engagement with French and German ideas (especially Driesch), we can reconstruct not only receptions of vitalism and materialism, but articulate their political and theological valances.
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Baker, John. "Real Property." In Introduction to English Legal History, 241–66. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198812609.003.0013.
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This chapter traces the origins of real property law in the context of feudal tenure. In the feudal world of the twelfth century much discretion rested in the lord and his court, guided by custom, but the promise of Henry II to redress the injustices which had occurred during the reign of Stephen led to the establishment of remedies in the king’s courts which altered the nature of seisin and inheritance. A brief account is given of the writ of right, the assizes of novel disseisin and mort d’ancestor, and writs of entry. The latter part of the chapter examines the incidents of tenure, especially wardship and marriage, and explains how they gained importance as feudal services dwindled in value. The statute Quia Emptores 1290 put an end to the creation of tenures in fee simple, but tenure retained its importance because of its valuable incidents.
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Paton, Andrew G., and Emanuela Monteleone. "Italy." In International Succession, 503–24. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0029.
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This chapter details the Italian legal system. It emphasizes that it falls within the civil law tradition and under Italian law, the principle of the ‘unity of succession’ applies, meaning that the same law will apply to the entire succession, no matter where the estate property is situated. The chapter then argues that the principal source of the law of succession is Il Codice Civile (Civil Code (CC)), in particular, the Second Book (Arts. 456 – 809), entitled Delle Successioni (Succession). It also elaborates on the two of the most common forms of will in Italy: the holographic will and the will by deed which is either made by public instrument or is a secret will. A will is an instrument that may always be revoked by the testator/trix. Subject to one exception, a testator/trix cannot give up this right to amend at any time the provisions of a will. Ultimately, the chapter delves into how devolution upon succession takes place automatically. It also reviews testamentary freedom and how the Italian legal system provides for particular forms of maintenance in favour of certain beneficiaries.
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Calabresi, Steven Gow. "The Republic of Italy." In The History and Growth of Judicial Review, Volume 2, 133–56. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0006.
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This chapter looks at Italian judicial review and the Italian Constitution’s Bill of Rights. The Italian Bill of Rights and Italian judicial review emerged primarily as the result of a rights from wrongs process. This is shown by the Italian Constitutional Court’s first case in which it overturned an Italian Fascist-era law forbidding the distribution of political pamphlets. Moreover, judicial review has thrived in Italy because, unlike Japan, the Italian Constitution sets up a variety of different competing power centers among which the Constitutional Court can navigate to get its way. Meanwhile, the complex Italian political party systems in the last sixty years may have allowed the Italian Constitutional Court more freedom to navigate the Italian political process for the same reason that radical proportional representation in Israel helped Aharon Barak in cementing in place Israeli constitutionalism. Finally, Italy’s multiparty system may have caused alliances on the left and on the right to constitutionalize rights for “insurance and commitment” reasons.
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Cohen, G. A. "Locke on Property and Political Obligation." In Lectures on the History of Moral and Political Philosophy, edited by Jonathan Wolff. Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691149004.003.0003.
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This chapter considers John Locke's views on property and political obligation. A cardinal tenet of liberalism is the so-called thesis of self-ownership. Locke explicitly affirms liberalism in this sense, but the chapter argues that the passages in the Second Treatise of Government in which he does so raise two problems for him. This is the first problem: if the earth is given by God in “common to all men,” then how may people increase the domain of their ownership so that it extends beyond their own persons to include private property in external things? The second problem is this: if people own themselves, then with what right are social and political obligations of an enforceable kind laid upon them? These problems arise out of Locke's desire to defend the legitimacy of private property and government. The chapter examines Locke's solution to these problems.
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Aplin, Tanya, and Jennifer Davis. "14. Industrial Designs." In Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.003.0014.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses: design protection in the UK and EU; the history of industrial design; registered designs; unregistered design right; the relationship between copyright and industrial designs; and the future of the interface between design protection and copyright.
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Craig, Errol. "History." In The Itch, 93–120. Oxford University Press, 2022. http://dx.doi.org/10.1093/med/9780192848406.003.0006.
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Humans have been afflicted by scabies for millennia, though exactly when scabies was recognized as being a disease in its own right is unknown. Dating back to antiquity, scabies has long been popularly recognized to be a contagious illness. However, according to ancient theories, it was regarded as being caused by an imbalance of body humours. The exact discovery of the scabies mite is not clear, however the first formal description of scabies being caused by a mite was made in Renaissance Italy, by Giovanni Cosimo Bonomo and Diacinto Cestoni in the seventeenth century. Their findings however were either rejected or ignored. Because it was not understood that the mite resided at the leading edge of the burrow, it was usually searched for fruitlessly in the wong location, the surrounding pustule. Understandably this led to confusion and impaired the general understanding of scabies for several additional centuries. This chapter covers the history of scabies from prehistory to its formal scientific discovery.
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Aplin, Tanya, and Jennifer Davis. "14. Industrial Designs." In Intellectual Property Law, 881–946. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198842873.003.0014.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses design protection in the UK and EU and the impact of the UK’s departure from the EU on this protection. In particular, it traces the history of industrial design protection before turning to examine in detail the registered designs and unregistered design right systems. The chapter also analyses the relationship between copyright and industrial designs, the tensions that arise from this interrelationship, and how this interface will be regulated in future under UK law.
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Alexander, Isabella. "‘Neither Bolt nor Chain, Iron Safe nor Private Watchman, Can Prevent the Theft of Words’: The Birth of the Performing Right in Britain." In Privilege and Property: Essays on the History of Copyright, 321–46. Open Book Publishers, 2010. http://dx.doi.org/10.11647/obp.0007.12.
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Allan, David. "‘The Wisest and Most Beneficial Schemes’: William Ogilvie, Radical Political Economy and the Scottish Enlightenment." In Liberty, Property and Popular Politics. Edinburgh University Press, 2016. http://dx.doi.org/10.3366/edinburgh/9781474405676.003.0008.
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This chapter examines William Ogilvie's arguments about property, society and government where they actually originated: in the distinctive intellectual environment of the Scottish Enlightenment. While the ideas of the principal Scottish philosophers about the material aspects of human existence have most often been considered as having broadly conservative political implications, Ogilvie's sole publication, An Essay on the Right of Property in Land (1781), suggests that inquiries of that kind might also have provoked profoundly radical conclusions about the causes and consequences of social inequality. In Ogilvie's case, moreover, the revolutionary analysis that he constructed would go on to earn him an honoured place in the history of progressive thought. This chapter offers an account of Ogilvie's Essay, describing it as a unique amalgam of Scottish Enlightenment social theory and radical political speculation.
Conference papers on the topic "Right of property – Italy – History"
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Marsden, William M., and Elizabeth R. Cope. "Property Data, Materials Test Results and Materials Design Data: Systems for Their Efficient Management." In ASME 2012 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/pvp2012-78351.
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The design, construction, and longevity of nuclear facilities rely on high quality information being collected, managed, and made available to the designers and engineers who need it. They require quick and easy access to a wide variety of material information: micrographs, stress-strain curves, fatigue and creep curves, corrosion measurements and images, reports, and test data files. Moreover, inter-relationships (e.g., between design data, test data, processing history, and service history) must be carefully captured to ensure traceability. Information alone is not enough: tools are needed to manage, search, and apply this information—for example finding corrosion data from similar pipe joints across multiple applications, and using this experience to make the right choice in subsequent projects. Data needs to be stored in a consistent format to enable comparison of tests over long time-periods, and it must be possible to accurately export it in a wide variety of formats. Looking forward, automatic data capture from test machines and field engineers can ensure accuracy, traceability, and consistency, as well as improving feedback to design engineers from service history and in-the-field test data and experience. This paper shows how meeting these information management needs can help promote innovative, safe, and cost-efficient design.
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Ma, Jing, Guijian Yu, Chengcheng Wang, Xiaowei Jin, Chuanzhen Zang, Qing Li, Hongtao Wang, et al. "Best Practice of Bit Optimization in a Strong Heterogeneity Conglomeratic Sandstone Reservoir: 8 Years Case History from Juggar Basin, West China." In IADC/SPE Asia Pacific Drilling Technology Conference. SPE, 2021. http://dx.doi.org/10.2118/201086-ms.
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Abstract MH oilfield, located in the Junggar Basin, in Xin Jiang Province of northwest China, is the world largest conglomerate reservoir with a fan-delta sedimentary environment. This long-term project can be traced back to 2012, and since then has gone through many technology revolutions and optimizations. At the end of 2017, the drilling performance of one main block inside MH oilfield, M18, was not optimistic when compared with other blocks. The extremely high formation hetergenity of the field made it very challenging to choose the right bit at the right time. This long-term project has brought to light the dedicated, quantifying study of the rock property differences throughout this field and inside each block. To solve this tough bit selection problem, geologic data was interpreted for engineering use. Two lines of data were processed. One was offset analysis based on the current run records to optimize bit designs, and the other was rock property interpretation and simulation to predict the formation variation, which covers the unconfined compressive strength (UCS), confined compressive strength (CCS) abrasion, impact simulations, layer correlations, statistical analysis and contour mappings of interest zones. This paper will summarize the field history, delineate the bit design lineage in this long-term project, and then mainly focus on geology simulations. The objective of this paper is bring to light the importance of CCS simulations to predict the bit performance and help the bit design and selection; provide a bit design lineage and bit optimization workflow for the drilling operation to optimize the inventory utilization and streamline the decision-making loop; provide a case study with coordinating multiple disciplinary teams to achieve specified objective; and provide a concept of integration of geology and engineering in the
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Garuglieri, Sara, Angela Di Paola, Simone Vecchio, Greta Frosini, and Beatrice Verona. "Architectural survey, realized with integrated methodology, of the complex of Walser houses in Alagna Valsesia, Italy." In HERITAGE2022 International Conference on Vernacular Heritage: Culture, People and Sustainability. Valencia: Universitat Politècnica de València, 2022. http://dx.doi.org/10.4995/heritage2022.2022.15129.
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The subject of this paper is the architectural survey, realized with integrated methodology, of three Wal-ser houses, located in Ronco Superiore, within the Alagna Valsesia (Vercelli, Italy) municipality. The task of surveying the complex was assigned to us by the Superintendence of Archeology, Fine Arts and Land-scape for the provinces of Biella, Novara, Verbano-Cusio-Ossola and Vercelli in cooperation with the Regional Secretariat of Piemonte. The aim of the work was that of providing graphic and metric refer-ences for the houses, which are a typical example of the rural architecture at the foot of Monte Rosa, to be made available for subsequent interventions of restoration and enhancement. The Superintendence took over the safekeeping of the site from the Public Property in 1998 and, since then, has promoted a process of recovery of the buildings, winning the Europa Nostra Award in 2014. Granting access to visi-tors has given a larger audience the possibility of knowing the history, the constructive peculiarities and the works of conservation carried out in this area. Specifically, the complex of Walser houses is the most ancient settlement in Alagna, built between the end of XVI century and the beginning of XVII century. Walser houses have a stone basement and wooden roof and walls. The latter are built with the Blockbau technique, i.e. a superimposition of trunks and beams, juxtaposed to shape walls; interlocking connec-tions ensure the rigidity of the structure. First, we have acquired the morphometric characteristics of the buildings; then, we have elaborated them graphically, by employing a georeferenced, 3D laser scanner. Photogrammetric data have, instead, been acquired using digital cameras and drones.
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Reinfelds, Vadims. "Konstitucionālo tiesību aizskārumi tiesu praksē par mantas atzīšanu par noziedzīgi iegūtu." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.41.
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Analysis of non-conviction based asset forfeiture laws, policies and court decisions leads to a conclusion that the fundamental human right to property is violated on a systemic scale – standards of proof fall below standard of preponderance of evidence established by current Criminal Law, leading to confiscation of assets without a proof of true criminal origin. Meanwhile, the proof of the criminal origin of assets in most cases is neither linked to the existence of a predicate crime, nor to the traceability of assets from such crime. De facto, in most cases the only sufficient ground for asset forfeiture is a transactional activity match to suspicious transaction methodology by FIU – the lowest possible level of standard of proof, not reaching even the standards of reasonable suspicion or probable cause. Moreover, it is made difficult to prove the legal origin of the property, restricting admission of evidence of legality, as well as presuming “that there should be no difficulty in proving legitimate origin”, regardless of the asset size, transaction history and objective capabilities of the owner.
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Ponzetta, Alessandra. "Il castello di Tutino (Le): una lettura storico-architettonica per la conoscenza del patrimonio pugliese." In FORTMED2020 - Defensive Architecture of the Mediterranean. Valencia: Universitat Politàcnica de València, 2020. http://dx.doi.org/10.4995/fortmed2020.2020.11517.
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The castle of Tutino (Le): a case study on knowledge of the Apulian heritageThis study aims to investigate the relationship between a castle located in the Apulian region (Southeastern Italy) and its historical and territorial background. The subject of the research deals with a multi-layered monumental complex located in the lower Salento, in the territory of the town of Tricase, which includes five castles. This currently presents itself as an irregularly shaped fence marked by five towers, whose original structure dates back to at least the fifteenth century. In particular, on one side of the castle a baronial palace was built by the Trani family in the eighties of the sixteenth century. As far as it concerns the history of the entire complex it should be noticed that it has undergone various enlargements and modifications due to changes of its property and use. This process is both documented at the archival-bibliographic level, and experienced by the analysis of the masonry stratigraphy, thanks to which it has been possible to identify the various stages of the historical-constructive development of the castle. In conclusion, the analysis carried out intends to clarify how the historical dynamics occurred in the region of Apulia influenced the final stage of the castle of Tutino; to this end it will be considered the evolution of constructive techniques and perspectives belonging to the local tradition, in order to demonstrate the impact on the features of this castle.
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Pamungkas, Setiyo, Sanat Aidarbayev, and Fatema Yousef Ali Al-Hammadi. "First 3D Reservoir Model of a Giant Brown-Field (Around 1000 Wells) Built with Zero Pseudo-Wells." In ADIPEC. SPE, 2022. http://dx.doi.org/10.2118/211706-ms.
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Abstract Middle East brown fields are penetrated by, more or less, around 1000 wells with long-production history. Attempts to incorporate all these wells create huge challenge caused by uncertainty related to well data discrepancy. The discrepancy in acquisition methods, tools, vintages are few factors to name that are root causes resulting in different depth values. Therefore, varying depth makes difficult to build structure of 3D reservoir model without non-geological anomalies such as distorted, collapsed, non-orthogonal cells. Methodology is to introduce uncertainty to all data feeding the structure modelling process. Following data is used with their ranges of uncertainties: interval velocity, seismic time maps, thickness maps, geological markers and well surveys. These ranges have to be identified quantitatively as they will give us flexibility to integrate data in the model within justifiable windows. Initially, the maps are allowed to change and try to integrate all data without well survey modifications. If, even after number of iterations, data is still not consistent resulting non-geological anomalies, then it is good to try allowing survey to change, but cautiously. Following application of this workflow, the data started to come in agreement and resulted in smooth, geologically reasonable subsurface structures. Horizontal wells targeting multiple thin carbonates are the most challenging to place them correctly. These wells require a lot of iterations or manual intervention to incorporate in the model, sometimes by adding number of pseudo-wells. Figure 1 shows even those examples can result in geological markers, of both vertical and deviated sections, match structure surfaces where horizontal trajectory at right penetrated layers. Worth to mention that the integration of almost ~1000 wells required zero pseudo-wells that helps to avoid introducing unrealistic noise to the data. Successful implementation of this project made this giant field one of the first brownfields that incorporated all data in consistent manner without using pseudo-wells. This structure model will maximize the value from ADNOC's existing data resources to reduce uncertainties during subsequent property and dynamic modelling stages plus while drilling future wells. Average estimates show that proper integration of all data can bring minimum $18 million in value.
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Hockberger, William A. "The Quadrimaran Reexamined." In SNAME 13th International Conference on Fast Sea Transportation. SNAME, 2015. http://dx.doi.org/10.5957/fast-2015-026.
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The Quadrimaran was invented in France in the mid-1980s by Daniel Tollet. It was an inspired design and a radical departure from traditional ship design by a man from outside the marine industry unconstrained by industry technical practices and education. Technical experts could see it would entail more structure and subsystems than other high-performance vessels, but its promise was that those penalties would be more than offset by its claimed low power and fuel consumption. A prototype/demonstrator, Alexander, was built in 1990 and operated for five years carrying and impressing many hundreds of riders. Alexander performed beautifully and appeared to bear out what was claimed. Contracts for several Quadrimarans of different sizes came quickly, especially considering how conservative an industry this is. That was significantly due to Tollet's personal charisma and skill in selling riders on the dream of carrying passengers and freight over the water fast and in comfort, yet economically. Great skepticism prevailed in some quarters, especially among naval architects knowledgeable about AMVs (advanced marine vehicles) and early-stage whole-ship design. At technical meetings, one Quadrimaran principal would comment, for example, "Why would you carry freight across the Atlantic at 38 knots on 230,000 horsepower (a reference to the planned Fastship Atlantic TG-770) when you could do it at 60 knots on only 65,000 horsepower?" Listeners would ask how this could be possible, and he would assert again that the Quadrimaran could do it, but would decline to explain. Respected technical people were working with Tollet and his company and becoming convinced of the Quadrimaran's merit. Along with the contracts came engineers with experience in ship detail design and construction (very different from early-stage whole-ship design), or responsibilities for assessing and approving ships for service. Others were with engine and equipment suppliers. Their opinion that there was something unique and special about the Quadrimaran gave it credibility and influenced more people to accept the major claims made for it. Some dismissed the most extreme claims but still accepted the idea that the Quadrimaran was capable of unusually high performance - considerably less than was being claimed, perhaps, but high nevertheless. In hindsight it is clear the skeptics were right. Results never met expectations, nor could they have. In reality, the Quadrimaran has aspects that inherently prevent it from achieving the characteristics and performance its inventor believed attainable. It cannot be built in a commercially useful size and actually perform as intended. Why this is so will be explained. A crucial fact in the Quadrimaran's history is that Daniel Tollet and his close associates believed strongly that naval architects and engineers who had been immersed in working with the existing ship types would be unable to give the Quadrimaran the very different treatment they believed it required. (Their own educations and professional work were nontechnical.) Such people were excluded from the development of Quadrimaran designs, and the belated discovery of many fundamental technical problems can be attributed to this. The company Tollet established had a number of names over the years, and other associated entities were created at times for various purposes. In this paper they are referred to collectively as QIH (Quadrimaran International Holdings) so as not to confuse things unnecessarily. In 2004 QuadTech Marine LLC was established and acquired the Quadrimaran patent (US Patent No. 5,191,849) and related intellectual property from QIH. QuadTech laid out an extensive R&D program to close gaps in the technical background and address identified issues. In the process, additional information on earlier QIH projects and products was obtained and studied, which brought to light problems that significantly compromised the Quadrimaran's prospective performance and utility. The resulting much-reduced set of potential uses and users led the company to effectively stop pursuing Quadrimaran projects after 2009. (Note: The author was Chief Technology Officer for QuadTech Marine during 2006-9, studying the Quadrimaran and planning the R&D.)