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Finders, Keepers
Finders keepers, sometimes extended as the children's rhyme finders keepers, losers weepers, is an English adage with the premise that when something is unowned or abandoned, whoever finds it first may claim it for themselves to own, by the “first in time” legal standard. The phrase relates to an ancient Roman law of similar meaning and has been expressed in various ways over the centuries. It can be uncertain, however, just when or how something is unowned or abandoned, and a party other than the finder may lay claim to it, leading to legal or ethical disputes, whose findings different courts or jurisdictions may interpret differently. In one case involving two claimants, the 1982 English Court of Appeal case '' Parker v British Airways Board'', the judgement of Donaldson L.J. declared, "Finders keepers, unless the true owner claims the article". Application *One of the most common uses of "finders keepers" involves shipwrecks. Under international maritime law, for shipwre ...
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English Language
English is a West Germanic language that developed in early medieval England and has since become a English as a lingua franca, global lingua franca. The namesake of the language is the Angles (tribe), Angles, one of the Germanic peoples that Anglo-Saxon settlement of Britain, migrated to Britain after its End of Roman rule in Britain, Roman occupiers left. English is the list of languages by total number of speakers, most spoken language in the world, primarily due to the global influences of the former British Empire (succeeded by the Commonwealth of Nations) and the United States. English is the list of languages by number of native speakers, third-most spoken native language, after Mandarin Chinese and Spanish language, Spanish; it is also the most widely learned second language in the world, with more second-language speakers than native speakers. English is either the official language or one of the official languages in list of countries and territories where English ...
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Rosaria Conte
Rosaria Conte (14 April 1954 in Rome – 5 July 2016 in Rome) was an Italian social scientist. She was the head of the Laboratory of Agent Based Social Simulation at the ISTC- CNR in Rome, which hosts an interdisciplinary research group working at the intersection among cognitive, social and computational sciences. She was President of European Social Simulation Association and AISC (Italian Cognitive Science Association). Rosaria Conte published more than 130 works among volumes, papers in scientific journals, conference proceedings and book chapters. Her scientific activity aims at explaining social behaviour among intelligent autonomous systems, and modeling the dynamics of norms and norm-enforcement mechanisms (including reputation and gossip). Her research was characterized by a highly interdisciplinary approach, at the intersection among cognitive, social and computational sciences. In her name, the European Social Simulation Association assigns every other year the Outstanding ...
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Theft By Finding
In criminal and property law, theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object, but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended before taking it for themselves. In some jurisdictions, the crime is called "larceny by finding" or "stealing by finding". By nation England and Wales In England and Wales, a theft occurs when there is a dishonest appropriation of property belonging to another with the intention to permanently deprive. This definition can therefore include property that is found, whether abandoned or incorrectly delivered, where the finder does not take appropriate steps to return it to the lawful owner. Commonly it was accepted in the UK that property is handed in to a Police Station for repatriation, unless the finder can locate the owner directly - such as returning a credit-card to a branch of the issuing bank, or sending a d ...
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Usucaption
Usucaption (), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession, the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. History Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between ''res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was an informal conveyance whic ...
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Uti Possidetis
''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure about possession of land. Later, by a misleading analogy, it was transferred to international law, where it has had more than one meaning, all concerning sovereign right to territory. In Rome, if two parties disputed possession of a house or parcel of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour ('' nec vi, nec clam, nec precario''). The contest was initiated by an interdict called '. The winner was confirmed or restored in possession, and the loser was ordered not to displace him by force. However, the winner had not proved he was the real owner, only that, for the moment, he had a better right to possession than his opponent. Hence the rights of third parties were not prejudiced. The phrase ''uti possidetis'' was a conventional abbreviation of the praetorial edict deali ...
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Possession Is Nine-tenths Of The Law
"Possession is nine-tenths of the law" is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law, and they say there are but twelve." In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not." Analysis The adage is not literally true, that by law the person in possession is presumed to have a nine times stronger cla ...
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Adverse Possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (property), legal title to a piece of property, usually real property, may acquire legal ownership based on continuous Possession (law), possession or occupation without the permission (licence) of its legal owner. It is sometimes colloquially described as ''squatter's rights'', a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession. Some jurisdictions regulate squatting separately from adverse possession. Description In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, many legal systems courts recognize that ...
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Lost, Mislaid, And Abandoned Property
In property law, lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. An old saying is that "possession is nine-tenths of the law", dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, these may be called finders, keepers. The contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone else's property. The rights of a finder of such property are determined in part by the status in which it is found. Because these classifications have developed under the common law of ...
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Bailment
Bailment is a legal relationship in common law, where the owner of personal property ("chattel") transfers physical possession of that property to another, who holds the property for a certain purpose, but retains ownership. The owner who surrenders custody of a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair. Although a bailment relationship is o ...
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Homestead Principle
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it to produce some product), joining it with previously acquired property, or by marking it as owned (as with livestock branding). Homesteading is one of the foundations of Rothbardian anarcho-capitalism and right-libertarianism. In political philosophy Mohammad In Islam, a "dead" land (not previously owned or under use by the public) can be owned by "reviving" it, as per the prophetic saying: "If anyone revives dead land, it belongs to him, and the unjust root has no right." This principle, however, does not deprive the community from some common rights in the land, including the right to pass water through it to the neighbor's land, for example. John Locke In his 1690 work '' Second Treatise of Government'', Enlightenment ...
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Norm (social)
A social norm is a shared standard of acceptance, acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", "attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness ...
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Cristiano Castelfranchi
Cristiano Castelfranchi (born 1944 in Rome) is an Associate Researcher at the Institute of Psychology of the Italian National Research Council. He teaches Cognitive Psychology and Artificial Intelligence at the University of Siena. In 2003, he was made a fellow at the European Coordinating Committee for Artificial Intelligence for pioneering work in Artificial Intelligence. His research topic include: * autonomy and goal-oriented behavior, with an emphasis on anticipatory action-control * cognitive agent theory and architecture, with special focus on goals and their dynamics * cognitive foundations of social phenomena (trust, power, cooperation, norms, institutions, etc.) * cognitive approach to communication (semantics and pragmatics) * social cognition and emotions, with an emphasis on the cognitive anatomy of complex emotional states * multi-agent systems and social simulation, integrating cognitive, social and computer science Selected works Books * ''Trust Theory: A Socio- ...
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