Claiming, Killing, and Haunting in Toni Morrison’s Beloved

2020 ◽  
pp. 128-153
Author(s):  
Sarah Gilbreath Ford
Keyword(s):  
Property Law ◽  
Property Owner ◽  
History Of

This chapter examines Toni Morrison’s Beloved (1987). In reading Sethe’s impossible choice between ending her children’s lives or letting them be taken back into slavery, critics have largely blamed her daughter’s death on the system of slavery. That critics do not want to blame Sethe for the murder is understandable, given how much she suffers under slavery. What these critics miss, however, is Sethe’s agency. In killing Beloved and attempting to kill the rest of her children, Sethe makes a property claim that speaks directly to the history of cases on American property law and slavery. This chapter examines Sethe’s choice in the context of State v. Mann and Pierson v. Post, arguing that her willingness to destroy makes her a valid property owner. Her legal possession, however, is answered by spectral possession when Beloved haunts to reclaim personhood.

History of the formation and development of the institute of intellectual property in Japan

2021 ◽  
Vol 2021 (04-2) ◽  
pp. 207-213
Author(s):  
Viktor Shestak ◽  
Angelina Anikanova
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
State Policy ◽  
Property Law ◽  
Patent Office ◽  
High Court ◽  
Advanced Technologies ◽  
Economic Culture ◽  
Priority Direction ◽  
History Of

The development of the legal system of any country is impossible without the protection of intellectual property. Japan, as a country with an economic culture of exporting technologies and equipment, pays special attention to this issue. First of all, this is due to the priority direction of the state policy of Japan, a country of advanced technologies and innovations. The whole system of creation and protection of the intellectual property in Japan is regulated by the Copyright Act (Act No. 48 of 1970), Intellectual Property (Law No.122 of 2002), disputes shall be resolved in the Intellectual Property High Court, and the registration procedure takes place in the Japan Patent Office.

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

scholarly journals Reexamining Secularism

2017 ◽  
Vol 5 (2) ◽  
pp. 117-147
Author(s):  
Geetanjali Srikantan
Keyword(s):  
Intellectual History ◽  
Equal Treatment ◽  
Property Law ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
History Of Religion ◽  
Indian State ◽  
History Of ◽  
Legal Domain ◽  
Religion And State

It is widely recognized that the secular Indian state unlike its Western counterpart does not follow the strict separation of religion and state, opting to intervene in the domain of religion by treating religions equally. This article examines how the concept of equal treatment of religions is applied in the legal domain by an intellectual history of the Ayodhya litigation and argues that the courts cannot treat religions equally due to the incompatible nature of the claims made by the parties i.e. the history of religion claim of the Hindus vis-a-vis the property rights claim of the Muslims. Departing significantly from the current consensus about the litigation being characterized by defective legal interpretation and political influences, it further argues that the real legal challenge in resolving this dispute is addressing the theological frameworks within modern property law which are dependent on a set of normative inferences embedded in colonial discourse.

ANXIETIES OF DISTANCE: CODIF ICATION IN EARLY COLONIAL BENGAL

2007 ◽  
Vol 4 (1) ◽  
pp. 7-23 ◽  
Author(s):  
JON E. WILSON
Keyword(s):  
Nineteenth Century ◽  
Political Culture ◽  
Intellectual History ◽  
Political Thought ◽  
Continuous Flow ◽  
Indian Society ◽  
Property Law ◽  
Early Colonial ◽  
Late Eighteenth ◽  
History Of

Historians of political thought tend to emphasize the continuous flow and transmission of concepts from one generation to the next, and from one place to another. Historians of Indian ideas suggest that India was governed with concepts imported from Europe. This article argues instead that the sense of rupture that British officials experienced, from both the intellectual history of Britain and Indian society, played a significant role in forming colonial political culture. It examines the practice of “Hindu” property law in late eighteenth- and nineteenth-century Bengal. It suggests that the attempt to textualize and codify law in the 1810s and 1820s emerged from British doubts about their ability to construct viable forms of rule on the basis of existing intellectual and institutional traditions. The abstract and seemingly “utilitarian” tone of colonial political discourse was a practical response to British anxieties about their distance from Indian society. It was not a result of the “influence” of a particular school of British thinkers.

Hearing Indigenous Voices, Protecting Indigenous Knowledge

2009 ◽  
Vol 16 (3) ◽  
pp. 233-254 ◽  
Author(s):  
Jo Recht
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge ◽  
Indigenous Peoples ◽  
Legal Regulation ◽  
Property Law ◽  
Globalizing World ◽  
History Of ◽  
Recent Addition ◽  
Western Intellectual ◽  
Indigenous Voices

AbstractIn a rapidly globalizing world, indigenous knowledge is in mortal danger, and it will require new forms of intellectual property protection to save it. There are fundamental incongruities between Western intellectual property law and indigenous knowledge that prevent the current international intellectual property framework from fully comprehending or addressing the contexts and needs of indigenous knowledge. This article will review the history of international and regional initiatives to develop protection for indigenous knowledge. It will consider the geopolitical context that has informed discussions about protecting the intangible wealth of indigenous peoples, including the recent addition of articulate and impassioned indigenous voices to the conversation. Finally, this article will discuss some of the concerns that have been raised about subjecting indigenous knowledge to a system of formal legal regulation.

scholarly journals Apartment ownership in a Condominium under Georgian Law

2020 ◽  
Vol 10 (2) ◽  
pp. 28-41
Author(s):  
Tamar Zarandia ◽  
Tamar Tatanashvili
Keyword(s):  
Common Property ◽  
Civil Law ◽  
The Other ◽  
Property Law ◽  
Ancient History ◽  
History Of ◽  
The One ◽  
The Right ◽  
Individual Ownership ◽  
Apartment Ownership

Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

The Ethics of Piracy

2016 ◽  
Keyword(s):  
Intellectual Property ◽  
International Development ◽  
Property Law ◽  
Intellectual Property Law ◽  
Political Processes ◽  
Ethical Debate ◽  
Norms And Values ◽  
History Of ◽  
Normative Models ◽  
Property Regime

Chapter 2 broadens out from the history of a local industry to the legal and political processes through which the globalization of intellectual property law has taken place, especially the consolidation of the intellectual property regime via the TRIPS Agreement administered by the World Trade Organization. The chapter then gets down to the everyday work routines of Maya apparel workshop owners and employees making knock-off fashion. Copying, borrowing, and appropriation are part and parcel of the elaboration of style in the highland trade. These practices are also the subject of ongoing ethical debate in Tecpán. The chapter argues that copying is evaluated by workshop owners in light of norms and values that differ significantly from those promoted in intellectual property law. The normative models, which revolve around ideas about envy, individualism, and fair and unfair competition, and market strategies evident among Maya businessmen parochialize official portraits of business ethics and innovation built into the intellectual property regime and challenge assumptions about progress, improvement, and ordering on which the international development industry is also based.

Virtual Property in Virtual Worlds

2010 ◽  
pp. 89-108
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Digital Technology ◽  
Property Law ◽  
Physical Plane ◽  
Intellectual Property Law ◽  
Collective Property ◽  
Virtual Property ◽  
The World ◽  
History Of

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Throughout the history of intellectual property law, the proprietary assertions of thinkers and inventors have been focused not on their ideas, but on the expression of those ideas. The ideas themselves, as well as facts about the phenomena of the world, were considered to be the collective property of humanity. One could claim franchise, in the case of copyright, on the precise turn of phrase used to convey a particular idea or the order in which facts were presented. Law protected expression. To express was to make physical. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine. (Barlow, 2004)

Sign in / Sign up

Export Citation Format

Share Document