Subject Matter, Method and Theoretical Framework

Author(s):  
Justine Pila

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.


Author(s):  
Inge Ejbye Sørensen ◽  
Anne Mette Thorhauge

Docu-games designate a versatile group of games that have in common an attempt to depict and reflect on aspects of reality such as military conflicts, historical periods, or contemporary political and socio-cultural issues. As such, docu-games have become a new communication tool for individuals or organizations. This chapter explores different perspectives on games as documentaries, going beyond the mere subject matter and visualization of docu-games to approach questions about simulations as statements about reality and gameplay as a tool for communicating statements about reality. Combining cognitive documentary and games theory with content analysis, the chapter offers a theoretical framework for understanding how docu-games reference the relationship between reality and game, as well as how they establish credibility in relation to these representations.


Author(s):  
Катерина Ткаленко

The article touches upon basic issues for the legal regulation of visual art market in Ukraine. Nowadays works of visual art are regarded notonly as objects for aesthetic enjoyment but also as commercial assets. Current trading relationships are being influenced by global geographical changes of business, digital transformation and IT development.Attention is drawn to the fact that trading relations in art works should be based on such fundamental principles as equality of parties, autonomy of will, and reasonable transparency of commercial operations. It should also be defined the basic elements of trade dealings in the visual art market. They are parties to the relationships, subject matters, and certain content of rights and duties depending on type and nature of legal privity.The comprehensive analysis of legal capacity and competence has been undertaken in the research. Therefore, market participant should have legal ability to acquire and perform personal rights and obligations connected with art trading. They should be able to be hold responsible for their unlawful actions as well. The creator of visualart work should also have creative capacity to be regarded as author and proper party to the transaction.Besides, it is pointed out the main features of visual art works in case they are subject matter to trading activity. Currently, more and more contemporary art works are appearing on the market, for example, installations and computer generated art works. But commercial turnover accepts artistic results, which are unique, creative and aesthetic enjoyable. So, no art work should be considered as a subject matter to marketplace that does not contain intellectual and creative components. It should not be easily-reproducible too.Also worth noting is that certain content of legal relations in the visual art market consists of two-dimensional authorities. Permitting competence is intended to determinethe limit and procedure of voluntary conduct. Obligatory warranties establishsome restrictions and prohibitions. They are meant to attach the liability for non-performance or improper performance of duties.The article is concluded by saying that theoretical framework of visual art market is an important base for providing the suitable level of legal regulation of art trading relations.


2021 ◽  
Vol 2 (3) ◽  
pp. 42-45
Author(s):  
Mariano D. Gillo

This article is written to inspire researchers to use hermeneutics as a qualitative research theoretical framework. Given the extensive scope inherent to this subject matter, it was decided to delimit the discussion to the fundamental information one may seek to know about hermeneutics. Though introductory in nature, it is still hoped that the readers may be able to gain meaningful insights which may serve as a catalyst for understanding this topic. The article has four phases. Phase one traces its historical dimension and presents its varied definitions. Phase two is focused on the four philosophical orientations. Phase three enumerates its contributors and their respective contributions. Phase four elaborates the steps researchers need to undertake when using this framework. This article may be of interest to all academics especially the neophytes who are interested in utilizing hermeneutics either as a method or methodology of a philosophical cum scientific endeavor being undertaken.


2021 ◽  
pp. 1-37
Author(s):  
Tereza Havelková

The chapter-length introduction situates the book’s subject matter within a broad interdisciplinary field, and specifically in relation to the theory of intermediality in theatre and performance, the burgeoning audiovisual studies, and the “material turn” in opera scholarship. Approaching opera as hypermedium draws attention to the continuity between operatic past and present, and between different media and art forms, old and new. Productions of Wagner’s Ring Cycle by Robert Lepage and La Fura dels Baus serve here as a starting point for consideration of opera’s inherently hypermedial aspects. Pieces by Philip Glass, Michel van der Aa, and others help contextualize the book’s central case studies, the operas by Dutch composer Louis Andriessen and British filmmaker Peter Greenaway, which epitomize the ways these aspects are rethought today. To outline the book’s theoretical framework, the introduction revisits some classic nodes in the debates about presence and representation and about liveness and mediatization.


2016 ◽  
Vol 43 (1) ◽  
pp. 92-114 ◽  
Author(s):  
Remi M. Hajjar

This article examines the relationship between advisors and linguists in the contemporary military advising mission and applies an emergent postmodern military culture theoretical framework. This project’s multimethod collected data from Iraq, documents, and interviews. The study reveals an intriguing and nuanced story about the deployment of advisors and linguists in the advising mission. This article defines the military advising mission including the major actors. The article then introduces the postmodern military culture theoretical framework and method. The findings report many themes including linguist selection and hiring processes, the importance of advisor–linguist relationships, the relevance of linguists’ backgrounds, linguists as full advisory team members, and the building blocks of successful advising sessions. Effective advisors work with linguists to deploy a Swiss Army knife of cultural tools including peacekeeper diplomat, warrior, subject matter expert, innovator, and others to accomplish the mission, which divulge broader changes indicative of an emergent postmodern military and culture.


1972 ◽  
Vol 2 (2) ◽  
pp. 155-172 ◽  
Author(s):  
Peter Leslie

There have been a number of attempts in recent years to define the subject-matter of political science and to provide a theoretical framework within which the discipline may be expected to develop. Among these, the work of David Easton occupies a leading place.1 This article discusses how successful Easton has been in adumbrating a general theory embracing the discipline. It then offers a rather looser and less ambitious framework within which the theories collectively called ‘political science’ may be placed and their interrelationships perceived.


Author(s):  
John Etty

This chapter considers Krokodil as a site for the historically grounded reiterative and discursive co-creation of ideological meanings. It interprets Krokodil's vision of ideology as performative in that it is enacted corporeally on the surface of characters in cartoons and is taken to be expressive of an ideological core. The approach in this chapter is to investigate character construction through visual ideologemes and visual metaphors related to different modes of seeing in all three schemata, and to explore how ideological meaning and political critiques were deposited in cartoons in the process. This method reveals that in Krokodil, ideology was regarded as a "political thought-practice". A performative reading of Krokodil's cartoons reveals how Krokodil engaged satirically with all ideologies and highlights how Krokodil explored divergences between thought and practice. Furthermore, performativity provides a theoretical framework for understanding how cartoons explored what was acceptable subject matter for Soviet satirists.


Spatium ◽  
2016 ◽  
pp. 45-53 ◽  
Author(s):  
Grozdana Sisovic

Terazije Terrace in Belgrade and many different architectural projects for this space produced over the last almost 90 years are the subject matter of the analysis. The research is conducted with the aim to recognize and present diverse currents in the development of an architectural scene and shed light on the role of architectural competitions in these complex flows. The 1929-1930 competition won by Nikola Dobrovic, as well as the 1968, 1991 and 1998 competitions with the awarded projects are the focal point of the paper as the samples of architectural practice significant for the understanding of the relations between the treatment of ?grand architectural themes? and the dominant orientation of a local architectural culture. The theoretical framework refers to contemporary theoretical debate on the autonomy of the discipline (Somol and Whiting, 2002; Aureli, 2008; Hays, 2010; among the others).


PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.


Sign in / Sign up

Export Citation Format

Share Document