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1. |
Record Nr. |
UNINA9910131519203321 |
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Autore |
Oudin Martin |
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Titolo |
Evidence in civil law : France / / Martin Oudin |
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Pubbl/distr/stampa |
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Institute for Local Self-Government and Public Procurement Maribor, 2015 |
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Slovenia : , : Institute for Local Self Government and Public Procurement Maribor, , 2015 |
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ISBN |
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Descrizione fisica |
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1 online resource (ii, 55 pages) |
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Collana |
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Soggetti |
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Law - Europe, except U.K |
Law - Non-U.S |
Law, Politics & Government |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Bibliographic Level Mode of Issuance: Monograph |
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Nota di bibliografia |
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Includes bibliographical references. |
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Sommario/riassunto |
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The French Law of evidence is at the crossroad between procedural law and civil law. As part of the procedural law, it is governed by general principles set out by the Code de procédure civile, such as the contradictory principle, the principle of public hearing or the free disposition principle, which means that the parties define the framework of the proceeding and that the judge cannot base his decision on facts that were not put forward by the parties themselves. It is also the Code de procédure civile that organises the respective roles of the judge and the parties for the taking of evidence: since 1976, it imposes a – rather complex – balance between adversarial and inquisitorial principles. Other general principles were set by case law, e.g. the principle that no one can pre-constitute evidence in his own favour or the principle of fair evidence. On the other hand, more substantive rules are to be found in the Code civil. These rules mix two systems, the system of the preuve morale, applicable in some specific litigation, and the system of the preuve légale, which is clearly dominant in civil litigation. In the first system, evidence is in principle free, which means not only that any mode of proof is admissible, but |
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also that assessment of evidence by the judges is free. In the second one, only determined means of evidence are admissible and their probative force is often set out by law. A majority of evidence rules derive more or less directly from this summa divisio. In fact, the predominance of the preuve légale system has made the French system of evidence rather rigid, in particular regarding the exaggerated importance of written evidence. |
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2. |
Record Nr. |
UNINA9910816987003321 |
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Autore |
Morreall John <1947-> |
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Titolo |
Comic relief : a comprehensive philosophy of humor / / John Morreall; foreword by Robert Mankoff |
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Pubbl/distr/stampa |
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Malden, MA, : Wiley-Blackwell, 2009 |
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ISBN |
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9786612460975 |
9781444358292 |
1444358294 |
9781282460973 |
1282460978 |
9781444307795 |
1444307797 |
9781444307801 |
1444307800 |
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Edizione |
[1st ed.] |
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Descrizione fisica |
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Collana |
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New directions in aesthetics |
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Disciplina |
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Soggetti |
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Wit and humor - Philosophy |
Wit and humor - History |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Foreword / Robert Mankoff -- No laughing matter : the traditional rejection of humor and traditional theories of humor -- Humor, anarchy, and aggression -- The superiority theory : humor as anti- |
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social -- The incongruity theory : humor as irrational -- The relief theory : humor as a pressure valve -- The minority opinion of Aristotle and Thomas Aquinas : humor as playful relaxation -- The relaxation theory of Robert Latta -- Fight or flight, or laughter : the psychology of humor -- Humor and disengagement -- Humor as play -- Laughter as a play signal -- From Lucy to "I love Lucy" : the evolution of humor -- What was first funny? -- The basic pattern in humor : the playful enjoyment of a cognitive shift is expressed in laughter -- The worth of mirth -- That Mona Lisa smile : the aesthetics of humor -- Humor as aesthetic experience -- Humor and other ways of enjoying cognitive shifts : the funny, tragic, grotesque, macabre, horrible, bizarre, and fantastic -- Tragedy vs. comedy : is heavy better than light? -- Enough with the jokes : spontaneous vs. prepared humor -- Laughing at the wrong time : the negative ethics of humor -- Eight traditional moral objections -- The shortcomings in the contemporary ethics of humor -- A more comprehensive approach : the ethics of disengagement -- First harmful effect : irresponsibility -- Second harmful effect : blocking compassion -- Third harmful effect : promoting prejudice -- Having a good laugh : the positive ethics of humor -- Intellectual virtues fostered by humor -- Moral virtues fostered by humor -- Humor during the Holocaust -- Homo sapiens and homo ridens : philosophy and comedy -- Was Socrates the first stand-up comedian? -- Humor and the existentialists -- The laughing Buddha -- The glass is half-empty and half-full : comic wisdom. |
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Sommario/riassunto |
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Comic Relief: A Comprehensive Philosophy of Humor develops an inclusive theory that integrates psychological, aesthetic, and ethical issues relating to humor * Offers an enlightening and accessible foray into the serious business of humor * Reveals how standard theories of humor fail to explain its true nature and actually support traditional prejudices against humor as being antisocial, irrational, and foolish * Argues that humor's benefits overlap significantly with those of philosophy * Includes a foreword by Robert Mankoff, Cartoon Editor of The New Yorker |
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