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If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
This edited collection offers a new approach to the study of Italy’s foreign policy from the 1960s to the end of the Cold War, highlighting its complex and sometimes ambiguous goals, due to the intricacies of its internal system and delicate position in the fault line of the East-West and North-South divides. According to received opinion, during the Cold War era Italy was more an object rather than a factor in active foreign policy, limiting itself to paying lip service to the Western alliance and the European integration process, without any pretension to exerting a substantial international influence. Eleven contributions by leading Italian historians reappraise Italy’s international role, addressing three complex and intertwined issues, namely, the country’s political-diplomatic dimension; the economic factors affecting Rome’s international stance; and Italy’s role in new approaches to the international system and the influence of political parties’ cultures in the nation’s foreign policy.
This collection takes a cross-disciplinary, transnational approach and gathers together essays from a range of subjects including linguistics, film studies, folk music, oral and written narrative, and history, which provide new comparative perspectives on the questions surrounding the mutual influence between Italian and U.S. cultures. The volume also showcases new research -- quantitative, interpretative, and archival -- which contributes to the study of cultural contact. It therefore offers new evidence to answer a question which has long been pivotal in various disciplines and research fields (from historical linguistics to cultural anthropology) -- namely, how and to what extent cultural contact can affect long-term historical change?
This book takes an innovative approach to detecting regional groupings in peninsular Italy during the Late Bronze Age, a notoriously murky period of Italian prehistory. Applying social network analysis to the distributions of imports and other distinctive objects, Emma Blake reveals previously unrecognized exchange networks that are in some cases the precursors of the named peoples of the first millennium BC: the Etruscans, the Veneti, and others. In a series of regional case studies, she uses quantitative methods to both reconstruct and analyze the character of these early networks and posits that, through path dependence, the initial structure of the networks played a role in the success or failure of the groups occupying those same regions in later times. This book thus bridges the divide between Italian prehistory and the Classical period, and demonstrates that Italy's regionalism began far earlier than previously thought.
This book features the full scope of Susan Petrilli's important work on signs, language, communication, and of meaning, interpretation, and understanding. Although readers are likely familiar with otherness, interpretation, identity, embodiment, ecological crisis, and ethical responsibility for the biosphere-Petrilli forges new paths where other theorists have not tread. This work of remarkable depth takes up intensely debated topics, exhibiting in their treatment of them what Petrilli admires-creativity and imagination. Petrilli presents a careful integration of divergent thinkers and diverse perspectives. While she abandons hope of attaining a final synthesis or an unqualifiedly comprehensive outlook, there remains a drive for coherence and detailed integration. The theory of identity being advocated in this book will provide the reader with an aid to appreciating the identity of the theorizing undertaken by Petrilli in her confrontation with an array of topics. Her theory differentiates itself from other offerings and, at the same time, is envisioned as a process of self-differentiation. Petrilli's contribution is at once historical and theoretical. It is historical in its recovery of major figures of language; it is theoretical in its articulation of a comprehensive framework. She expertly combines analytic precision and moral passion, theoretical imagination and political commitment.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
This second edition examines all aspects of Roman history, and contains a new introduction, three new chapters and updated bibliographies.
With Mussolini ’s Italy, R.J.B. Bosworth—the foremost scholar on the subject writing in English—vividly brings to life the period in which Italians participated in one of the twentieth century’s most notorious political experiments. Il Duce’s Fascists were the original totalitarians, espousing a cult of violence and obedience that inspired many other dictatorships, Hitler’s first among them. But as Bosworth reveals, many Italians resisted its ideology, finding ways, ingenious and varied, to keep Fascism from taking hold as deeply as it did in Germany. A sweeping chronicle of struggle in terrible times, this is the definitive account of Italy’s darkest hour.