scholarly journals Freedom of the arts and sciences and intellectual property protection: an Italian, European and International Law perspective

2020 ◽  
pp. 253-262
Author(s):  
Maria Jelda Doria
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal System ◽  
The Other ◽  
Arts And Sciences ◽  
The Arts ◽  
The Us ◽  
The One ◽  
The Individual ◽  
Property Regimes

The study presents the freedom of the arts and sciences and the principles regarding the protection of intellectual property, and it is aimed at analyzing the complex balance between the former and the latter. In order to thoroughly understand this relationship, it is first necessary to clarify what the two elements of this balance are: on the one hand, the freedom of the arts and sciences, which is intimately related to the individual right to access to scientific, artistic and cultural developments, and, on the other, intellectual property regimes. Secondly, it is essential to examine the possible interferences of the protection of one of the two elements under discussion on the other element. Finally, it is fundamental to discuss how different jurisdictions have approached this issue. The whole contribution is conducted in a Comparative and International Law perspective: Italian, European and International Law will be examined. Besides, there will be some interesting hints about the solutions adopted in the US legal system, which are particularly interesting.

scholarly journals International Law of State Responsibility and COVID-19: An Ideology Critique

2021 ◽  
Vol 39 (1) ◽  
pp. 105-121
Author(s):  
Robert Knox ◽  
Ntina Tzouvala
Keyword(s):  
Infectious Diseases ◽  
International Law ◽  
The Other ◽  
State Responsibility ◽  
Ideology Critique ◽  
Capitalist Production ◽  
Global Pandemic ◽  
The Us ◽  
The One

Abstract Despite minimal prospects of success, international lawyers spent the first few months of the global pandemic discussing whether the rules of state responsibility could be invoked against states, especially China, for their acts and omissions regarding COVID-19. In this piece, we take these debates seriously, if not necessarily literally. We argue that the unrealistic nature of these debates does not make them irrelevant. Rather, we propose an ideology critique of state responsibility as a legal field. Our approach is two-fold. First, we argue these debates need to be situated within the rise of geopolitical competition between the US and its allies on the one hand and China on the other. In this context, state responsibility is always laid at the feet of one’s opponents. Secondly, we posit that my emphasising the role of states, recourse to state responsibility renders invisible the role of transnational processes of capitalist production and exchange that have profound effects on nature and set the stage for the emergence and spread of infectious diseases. Drawing from the work of the geographer Neil Smith, we argue against the ‘naturalisation’ of disasters performed much of the international legal discourse about COVID-19.

Paul Ricoeur and International Law: Beyond ‘The End of the Subject’. Towards a Reconceptualization of International Legal Personality

2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN
Keyword(s):  
International Law ◽  
International Institutions ◽  
The Other ◽  
Legal Personality ◽  
Legal Subject ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
International Legal Personality ◽  
Normative Aspect

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.

scholarly journals Too Good To Be Forgotten

2017 ◽  
pp. 33-41
Author(s):  
Claudy Op den Kamp
Keyword(s):  
Intellectual Property ◽  
Primary Source ◽  
Limited Range ◽  
Source Material ◽  
The Other ◽  
Copyright Holder ◽  
Cultural Implications ◽  
The Us ◽  
History Of ◽  
The One

Film archives own, or hold on deposit, many physical works of film, whereas the copyright holder to these might be someone quite different. The colourisation debate of the late 1980s in the US and Als twee druppels water (The Spitting Image, NL 1963, Fons Rademakers), an embargoed film in a public-sector archive, are both examples of this copyright dichotomy between material and intellectual property. The examples expose the archive as a vulnerable place. On the one hand, the archive cannot guarantee a fixed and stable environment for cinematic memories. On the other hand, an inhibited visibility of important works of film that are arguably crucial to an understanding of the history of film is the result if a film archive cannot provide access to its holdings. The examples provide new insights into the wider cultural implications of the intellectual property (IP) system. They demonstrate how IP underpins understandings of public accessibility to (a limited range of) primary source material and their subsequent potential for history making.

scholarly journals Nowa Lewica amerykańska w poszukiwaniu autentycznego człowieka

Etyka ◽  
1979 ◽  
Vol 17 ◽  
pp. 53-82
Author(s):  
Roman Tokarczyk
Keyword(s):  
Interpersonal Relations ◽  
New Left ◽  
The Other ◽  
Structural Form ◽  
Trace Back ◽  
The Us ◽  
American Society ◽  
The One ◽  
The Individual

Among the most interesting ideas of New Left in the US is a search for authenticity in human personality, or investigation of the place and role of the contemporary man when he is found in the setting: man-group-society-state. Finding such authenticity non-existent on the American scene the ideologists of New Left trace back the causes of this situation, characterized by deformation of personality deprived of the ego, and depict an authentic man who accepts himself both with respect to his ego and as a part of a social group in which he lives. Surreptitious emphasis of the value of the individual and of his unique personality points to the individuality of man as a central category of this line of thought. In the consequence of coexistence of various personalities, variety is the main feature of the new American society postulated by New Left. Individuality and variety imply freedom as a key concept of that thought. Variety of human individualities enjoying freedom will enable the quest for the authentic ego and abolish the manifestations of alienation which do not exist within the real interpersonal community. Community as a structural form of social coexistence is based on close, often intimate, interpersonal relations and allegedly enables unconstrained search for individuality, showing a new way from the present atomization of the American society. The key values of that thought are potentially conflicting: on the one hand there is a set of ideas: individuality, variety, freedom; on the other, there is the concept of community. The two counterparts may easily stand in conflict or mutually limit their application. In such cases it is postulated to detect the causes of conflict and eliminate them.

scholarly journals Voice and case in finnish in the light of Zabrocki’s theory of person

2012 ◽  
Vol 54 (1) ◽  
pp. 21-34
Author(s):  
Robert Bielecki
Keyword(s):  
The Other ◽  
Personal Meaning ◽  
Personal Pronouns ◽  
Arts And Sciences ◽  
Personal Meanings ◽  
The Arts ◽  
Third Person ◽  
The One ◽  
High Degree ◽  
Semantic Properties

Abstract Robert Bielecki. Voice and Case in Finnish in the Light of Zabrocki’s Theory of Person. Lingua Posnaniensis, vol. L IV (1)/2012. The Poznań Society for the A dvancement of the Arts and Sciences. PL ISSN 0079-4740, ISBN 978-83-7654-103-7, pp. 21-34. This paper attempts to demonstrate the properties of the categories of voice and case in Finnish in the light of Zabrocki’s theory of Person. The presented morphosyntactic, syntactic and semantic properties of words taking part in diathesis lead us to formulate sentences (theorems) belonging to the sphere of the postulated grammar of person of this language. In Finnish, particular personal meanings undergo both lexicalization (in the form of appropriate personal pronouns) and grammaticalization (in the form of personal endings). Moreover the Finnish language seems to operate with a collective personal meaning, where three particular communicative statuses do not undergo differentiation. This kind of personal meaning seems to be only grammaticalized in Finnish; it lacks a pronoun lexifying such a collective personal meaning. Because of the high degree of syncretism of the nominative and (endingless) accusative on the one hand and the passive and impersonal voice on the other, Finnish contains significant overlapping between passive structures - where the three personal meanings undergo specification - and impersonal structures - where the three personal meanings undergo unification. Notwithstanding, only in sentences of the type Kana on tapettu ‘One has killed the hen’, ‘The hen has been killed’ (and with smaller probability Kana tapetaan ‘One kills (will kill) the hen’, (‘The hen is (will be) killed’)) do we encounter total ambiguity in respect of the personal meaning semified by the predicate (the collective person vs. third person).

scholarly journals The problem of syntactic ambivalence in corpus linguistics

2012 ◽  
Vol 54 (1) ◽  
pp. 57-63
Author(s):  
Ireneusz Kida
Keyword(s):  
Old English ◽  
Computer Analysis ◽  
Word Order ◽  
Corpus Linguistics ◽  
The Other ◽  
Arts And Sciences ◽  
Order Analysis ◽  
Other Hand ◽  
The Arts ◽  
The One

Abstract Ireneusz Kida. The Problem of Syntactic Ambivalence in Corpus Linguistics. Lingua Posnaniensis, vol. L IV (1)/2012. The Poznań Society for the Advancement of the Arts and Sciences. PL ISSN 0079-4740, ISBN 978-83-7654-103-7, pp. 57-63. The purpose of this article is to present a technique of dual annotation of Old English ambivalent structures in diachronic annotated corpus linguistics. In languages there are often structures which are ambivalent, and it is difficult to establish whether they are main or dependent. These clauses are problematic for a corpus linguist annotating them for computer analysis of word order configurations. As a solution to this problem we suggest that such structures be annotated in two ways, namely on the one hand as main and on the other hand as dependent. Such a procedure allows one to obtain more objective results from word order analysis. Moreover, dual annotation is more flexible and is able to grasp the changeable nature of language

scholarly journals LEGAL SYSTEM, SYSTEMATIC LAW, SYSTEMIC APPROACH IN LAW AND THE CATEGORIES OF GENERAL, PARTICULAR AND INDIVIDUAL

2020 ◽  
pp. 20-30
Author(s):  
E.A. Kulikov
Keyword(s):  
Augmented Reality ◽  
Rule Of Law ◽  
Legal System ◽  
General Rule ◽  
Legal Regulation ◽  
The Other ◽  
Positive Law ◽  
Closed Systems ◽  
The One ◽  
The Individual

The article is based on the interconnection of the systemic method of cognition of legal phenomena, thespecifics of the legal “augmented” reality and the categories of the general, special and singular. Consistencyin law manifests itself in the process of ascent from the abstract to the concrete — from extremely generallegal phenomena and concepts to individual legal phenomena and concepts. The dialectic of the general,the particular and the individual is also based on this. The general rule of law receives a specification in thesystemic nature of positive law, which, in turn, is reflected in the elements of positive law. General conceptsof the elements of the system of law, for example, branches of law, on the one hand, are universal for theconcepts of special phenomena within the framework of branch sciences, on the other hand, due to the lawsof the categories of general, particular and individual, they subordinate the meanings of these concepts.Sectoral concepts should be meaningfully fit into general theoretical ones, in principle they cannot disagreewith them, otherwise they will not be related as general and special. Ignoring the dialectics of the general,the particular and the individual, as the logic of existence and development inherent in closed systems, canlead to a distorted reflection of reality and defects in legal regulation.

Whither the people in the ASEAN Community?

2020 ◽  
Vol 10 (3) ◽  
pp. 43-57
Author(s):  
See Seng Tan
Keyword(s):  
Southeast Asia ◽  
Political Ideology ◽  
Management Development ◽  
The Other ◽  
Asean Member ◽  
Derechos Humanos ◽  
The People ◽  
Droits Humains ◽  
The One ◽  
The Individual

Abstract: The longstanding effort to develop a people-based regionalism in Southeast Asia has been shaped by an inherent tension between the liberal inclination to privilege the individual and the community under formation, on the one hand, and the realist insistence on the primacy of the state, on the other. This article explores the conditions and constraints affecting ASEAN’s progress in remaking Southeast Asia into a people-focused and caring community in three areas: disaster management, development, and democratization (understood here as human rights). Arguably, the persistent gap in Southeast Asia between aspiration and expectation is determined less by political ideology than by the pragmatic responses of ASEAN member states to the forces of nationalism and protectionism, as well as their respective sense of local and regional responsibility.Resumen: El esfuerzo histórico para desarrollar un regionalismo basado en las personas del sudeste de Asia ha estado marcado por una tensión fundamental entre la inclinación liberal de privilegiar el individuo y la comunidad y la insistencia realista sobre la primacía del estado. Este artículo explora las condiciones y limitaciones que afectan el progreso de la ASEAN en la reestructuración de Asia sudoriental en una comunidad centrada en el cuidado de las personas en: gestión de desastres, desarrollo y democratización (i.e., derechos humanos). La brecha persistente en el sudeste asiático entre la aspiración y la expectativa está determinada por las respuestas pragmáticas de los miembros de la ASEAN sometidos a las fuerzas del nacionalismo y proteccionismo, así como su respectivo sentido de responsabilidad local y regional.Résumé: L’effort historique pour développer un régionalisme fondé sur les peuples en Asie du Sud-Est a été marqué par une tension fondamentale entre l’inclination libérale qui privilégie, d’une part, l’individu et la communauté et, d’autre part, l’insistance réaliste sur la primauté de l’État. Cet article explore les conditions et les contraintes qui nuisent aux progrès de l’ANASE dans le cadre d’une refonte de l’Asie du Sud-Est en une communauté centrée et attentive aux peuples dans trois domaines : la gestion des désastres, le développement et la démocratisation (en référence aux droits humains). Le fossé persistant en Asie du Sud-Est entre les aspirations et les attentes est vraisemblablement moins déterminé par l’idéologie politique que par les réponses pragmatiques des États membres de l’ANASE soumis aux forces du nationalisme et du protectionnisme ainsi que par leur sens respectif de la responsabilité locale et régionale.

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

Laughter on the Fringes

2019 ◽  
Author(s):  
Anna Peterson
Keyword(s):  
The Other ◽  
Literary Canon ◽  
Autobiographical Writing ◽  
Treasure Trove ◽  
Old Comedy ◽  
Other Hand ◽  
Aggressive Humor ◽  
The One ◽  
The Individual ◽  
The Impact

This book examines the impact that Athenian Old Comedy had on Greek writers of the Imperial era. It is generally acknowledged that Imperial-era Greeks responded to Athenian Old Comedy in one of two ways: either as a treasure trove of Atticisms, or as a genre defined by and repudiated for its aggressive humor. Worthy of further consideration, however, is how both approaches, and particularly the latter one that relegated Old Comedy to the fringes of the literary canon, led authors to engage with the ironic and self-reflexive humor of Aristophanes, Eupolis, and Cratinus. Authors ranging from serious moralizers (Plutarch and Aelius Aristides) to comic writers in their own right (Lucian, Alciphron), to other figures not often associated with Old Comedy (Libanius) adopted aspects of the genre to negotiate power struggles, facilitate literary and sophistic rivalries, and provide a model for autobiographical writing. To varying degrees, these writers wove recognizable features of the genre (e.g., the parabasis, its agonistic language, the stage biographies of the individual poets) into their writings. The image of Old Comedy that emerges from this time is that of a genre in transition. It was, on the one hand, with the exception of Aristophanes’s extant plays, on the verge of being almost completely lost; on the other hand, its reputation and several of its most characteristic elements were being renegotiated and reinvented.

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