scholarly journals Cultural Commons and the Law from the Renaissance to Postmodernity: A Case Study

Author(s):  
Antonios Broumas

The fourth chapter of the book narrates the history of culture from the prism of the intellectual commons. It thus shifts the focus of analysis from the enclosures of intellectual property law to the significance of intellectual sharing and collaboration across history. Further developing arguments of legal historians over the evolution of copyright this chapter unfolds the argument that, despite their prominence, in recent historical periods socialised creativity and inventiveness have been framed by copyright laws in a way that has suppressed the social potential of the intellectual commons, instead of accommodating them. This theorisation of the intellectual commons across history examines the evolution of the regulation of cultural commons from the Renaissance to postmodernity. Its aim is to examine in parallel, on the one hand, the importance of the commons for art and culture and, on the other hand, the discrepancy of their treatment under positive law.

Author(s):  
Alexander V. Koltsov ◽  

The paper is an attempt to narrow down the notion of spiritual crisis which is now widely applied in research on history of culture of the 19th–20th centuries, with respect to history of German philosophy and observation of modern reli­giosity. The shift from the history of philosophy to the religious context is ful­filled through analysis of texts of two religious thinkers, A. Reinach and S. Frank, whose thought clearly demonstrates strong interconnection between the both fields. Analysis of contemporary studies on history of phenomenological philos­ophy (C. Möckel and W. Gleixner) lets firstly observe ways of application of Koselleck’s notion of crisis to investigations in the history of philosophy. Sec­ondly it discovers two possibilities of philosophical contextualization of the con­cept of spiritual crisis – on the one hand, as a constituent rhetorical element of the philosophical statement (Möckel), on the other hand, as a term which de­scribes the uniqueness of an intellectual situation of the beginning of the 20thcentury (Gleixner). Then these aspects of the rhetoric of crisis are applied to reli­gious philosophy of Reinach and Frank, what leads to interpretation of their works as a particular statement discovering the divine (or the holy) as a new cat­egory of religious consciousness.


Author(s):  
Giuseppe Catturi ◽  
Daniela Sorrentino

In every city community, there always exist social, economic and political- administrative bodies, whose activities and organisational structures delineate and convey the historical and cultural periods experienced by that community.The city community we aim at investigating is the Sienese one. Siena is universally recognised for its medieval reminders, as well as for those of the Renaissance, distinctly appreciable in its current urban patterns, painting pieces, and cultural goods, of which it is plenty and rightly proud.The organisation we identified as one traditionally characterising –at least in the last century and a half- and still characterising the Sienese history and culture, is the Ricovero di Mendicità, later named Casa di riposo in Campansi per anziani, unanimously known as “Campansi”.Undoubtedly, the Campansi one is not the only institution whose structural and operational evolution contributed – and keeps on contributing- to shape the history of Siena, from the social, political and institutional points of view. Nevertheless, it is surely one of the most peculiar ones, in that it has been involved in those charitable activities, which exalted Siena since the second millennium, at the time of the restoring and propitiatory journeys to the main religious destinations: Rome, Jerusalem, and Saint James of Compostela.In this study we adopt a business administration perspective, with particular reference to the structure of the accounting system and its related documentation, which the organisation had been producing in order to memorise, summarise and communicate its administrative events, these latter occurring from the exercise of its institutional function. Moreover, we acknowledge the related governance structure, selected with the purpose of making operational decisions, verifying their execution, and controlling the deriving effects. As a matter of fact, there is a tight interdependency between the governance structure and the accounting system of whichever organisation. Particularly, the investigation refers to the period we considered the most significant and interesting, the one comprised between the issuing of the law “Sull'Amministrazione delle Opere pie” (3rd August 1862) and law “Istituzioni pubbliche di beneficenza”, in 1890, respectively known as Rattazzi and Crispi law, from the Prime Ministers in charge at the time of their enactment.


Author(s):  
Ю.В. Ковалева

Представлен историографический анализ развития понятия большие социальные группы и историко-психологический анализ социальных феноменов , связанных с массовыми общественными явлениями в России. Сформулированы актуальные проблемы психологии больших социальных групп, к которым относятся неоднородность оснований для их выделения, недостаточная дифференцированность со сходными понятиями, неравномерность исследований в различные временные периоды и идеологическая нагруженность их разработки. Данная работа была ответом на необходимость восполнения знаний о процессах в таких группах, происходивших в различные исторические периоды развития социальной психологии, с соответствующим им уровнем научного осмысления, а также обобщением этой целостной картины на уровне современного понимания и формулировка перспективных направлений исследований. Целью исследования является установление связи между определением и основными свойствами понятия «большие социальные группы» (его синонимов, аналогов) и особенностями социальной ситуации в определенный период времени, а также реконструкция социальных процессов данного исторического этапа. Проверялась гипотеза о том, что большие социальные группы как феномены социальной жизни формировались в соответствии с историческим временем, а соответствующее им понятие и его свойства с одной стороны отвечали уровню развития гуманитарного знания, а с другой - пытались удовлетворить общественный и политический запрос в объяснении и управлении социальной ситуацией. Использовались методы историографии социальной психологии и психолого-исторической реконструкции . Первая часть статьи посвящена анализу первых двух этапов развития социальной психологии - с середины XIX до начала XX вв. и в 1920-е гг. XX в. The historiographic analysis of the development of the concept of large social groups and historical and psychological study of social phenomena associated with mass social phenomena was presented. Topical problems of the psychology of large social groups are formulated, including heterogeneity of the grounds for their isolation, insufficient differentiation with similar concepts, uneven research in various periods, and ideological loading of the history of its development. The study's main problem was the need to replenish the processes in such groups that took place in various historical periods of social psychology development as well as a synthesis of this holistic picture at the level of modern understanding and the formulation of promising areas of research. The study's purpose was to establish a connection between the definition and the basic properties of the concept of "large social groups" (and its synonyms, analogs) and the peculiarities of the social situation in a certain period, as well as the reconstruction of social processes of this historical segment. The hypothesis was tested that large social groups as phenomena of social life were formed under the past time. The concept and its properties were corresponding to them, on the one hand, compared to the level of development of humanitarian knowledge. On the other, they tried to satisfy the social and political requests to understand and manage the social situation. Methods of the historiography of the history of social psychology and psychological and historical reconstruction were used. The article's first part was devoted to the analysis of the early two stages of the development of social psychology - from the middle of the XIX to the beginning of the XX centuries and 1920 of the XX century.


1909 ◽  
Vol 2 (3) ◽  
pp. 310-322
Author(s):  
Edward S. Drown

There have been times in the history of architecture when style was inevitable. In the classic period of Greece or in the Gothic period of northern Europe no architect raised the question as to the style in which he should construct a building. That was decreed for him. And we shall perhaps not go astray if we suggest that the inevitableness of that decree was determined by two factors. One was the purpose to be served by the building, the other was the control over the materials. The one factor determined the contents, the other the form in which those contents were to be expressed. The contents depended on the social and spiritual ideals of the time. The form depended on the nature of the building material and on the mechanical ability to use it.


1974 ◽  
Vol 16 (1) ◽  
pp. 15-38 ◽  
Author(s):  
David Nicholls

One of the striking facts about the social and political history of Haiti from independence in 1804 to the present is the deep gulf separating the largely mulatto elite groups from the predominantly black masses. The war of the South in 1799 between Toussaint and Rigaud, and the conflicts between Christophe and Pétion, while not primarily caused by color factors, were reinforced by suspicions and hostilities between black and mulatto, with each group accusing the other of prejudice and discrimination. Politics in the rest of the nineteenth century can generally be seen as a tussle between a mulatto elite centered in the capital and in the cities of the South, on the one hand, and a small black elite often in alliance with army leaders and peasant irregulars, on the other. In the years following 1867 these groups formalized themselves into a largely mulatto Liberal Party, and a preponderantly black National Party.


1984 ◽  
Vol 11 (1-2) ◽  
pp. 95-116
Author(s):  
Werner Bahner

Summary The Renaissance constitutes a new phase in the history of linguistics. The study of modern languages in particular contributed to enlarge the scope of philological concern as scholars try to promote and to codify a young national language. During this time philologists give particular attention to the origin of these vernaculars, distinguishing the different stages in their evolution and developing an especial awareness of chronology. For the representatives of a national philology, Latin is the starting point, the mould according to which the vernaculars are described and classified. Soon, however, more and more traits are recognized which are particular to these living languages, and which do not agree with the traditions of Latin grammar. On the one hand, modifications on the theoretical level are called for, and, on the other, there is a good opportunity to demonstrate the particularity of a given vernacular. All these tendencies can be found for the first time in the writings on Cas-tillian by the great philologist Antonio de Nebrija (1444–1522). Nebrija recognized a series of phonetic correspondences which, much later in the 19th century, are transformed into ‘phonetic laws’ by a rigorous methodology. In so doing the elaboration of orthographic principles had been for him a stimulus for his explications. In his “Diálogo de la lengua”, Juan de Valdés (devoted himself more extensively to the social aspects of Castillian, to linguistic changes, and to the historical causes for the distribution of Romance languages on the Iberian peninsula, stressing expecially the role of the ‘Reconquista’. The work of Bernardo José de Aldrete (1560–1641) offers a synthesis of all these efforts concerning the evolution of Castillian. He discusses all the substrata and superstrata of the language, sketches the different stages of development of his native tongue, examines Old Castillian with the help of medieval texts, and exploits what Nebrija had noted about the phonetic correspondences. In terms of scholarship, Aldrete’s work constitutes the culmination point in the movement engaged in supporting the rights of the Castillian language et in documenting its sovereignity vis-à-vis the Latin tradition.


2015 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Vojin Nedeljković

The author examines the scope and interrelation of two traditional notions concerning non-literary Latin: sermo uulgaris, or plebeius, and sermo familiaris, or cotidianus. While these are really disparate terms, the one designating a sociolect and the other a language register, the author maintains that the old confusion between Colloquial and Vulgar Latin is not merely due to flawed reasoning within an insufficient model of linguistic variation, but rather reflects a fundamental development that took place in the social history of Latin.


Africa ◽  
2013 ◽  
Vol 83 (4) ◽  
pp. 623-645 ◽  
Author(s):  
John Parker

ABSTRACTThis article examines the encounter between the social anthropologist Meyer Fortes and his wife Sonia, on the one hand, and the Talensi people of northern Ghana, on the other, in the years 1934–7. Based in large part on the Forteses’ extensive corpus of recently archived field notes, diaries and other papers, it argues that the quotidian dynamics of that encounter were in many ways quite different from those of Talensi social life as enshrined in Meyer's famous published monographs. Far from entering a timeless world of enduring clanship and kinship, the Forteses grappled with a society struggling to come to terms with the forces of colonial change. The focus is on the couple's shifting relationship with two dominant figures in the local political landscape in the 1930s:TongranaNambiong, the leading Talensi chief and their host in the settlement of Tongo, andGolibdaanaTengol, a wealthy ritual entrepreneur who dominated access on the part of ‘stranger’ pilgrims to the principal oracular shrine in the adjacent Tong Hills. These two bitter rivals were, by local standards, commanding figures – yet both emerge as psychologically complex characters riddled with anxiety, unease and self-doubt. The ethnographic archive is thereby shown to offer the possibility of a more intimate history of the interior lives of non-literate African peoples on remote colonial frontiers who often passed under the radar of the state and its documentary regime.


1965 ◽  
Vol 34 (1) ◽  
pp. 77-94 ◽  
Author(s):  
Ruth B. Bordin

Shortly after the turn of the century Ernst Troeltsch joined Max Weber in examining the history of religious organizations from the point of view of the newly evolving discipline of sociology. Of the contributions Troeltsch made in his monumental study, The Social Teaching of the Christian Churches, the one which has proved most stimulating when applied to American church history was his differentiation of sect-type from church-type religious organization. In 1929, H. Richard Niebuhr in his Social Sources of Denoniinationalisrn elaborated Troeltsch's ideas, especially as they related to American developments, suggesting that in the American environment the denomination occupied a midway position between church and sect. While Troeltsch hints at the tendency of the sect to acquire churchly characteristics in time, Niebuhr spells out the steps in the process of transformation from sect to denomination which he sees as following inevitably, arguing that each generation's sects must become denominations in the next generation. These in turn leave behind a new group of disinherited whose needs are unmet and from which spring the next sect movement.


Author(s):  
Antonios Broumas

The intellectual commons exhibit propensities with a positive potential for society, bearing ethical substance but are in need of protection and advancement under the auspices of law. Theories of the intellectual commons provide substantial justifications for the promotion of commons-oriented institutions in contemporary societies. In this chapter the author details afresh the tendencies, manifestations and moral dimensions of the intellectual commons and how the social research in this book provides empirical evidence about the existence of distinct sequences and circuits of social value circulating. This leads directly to the justification of an Intellectual Commons Law. What might be the fundamentals of such a new body of law? The crucial first step, it is argued, would be the reconstitution of the public domain as a common space of sharing, collaboration, innovation, and freedom of expression through policies for its protection, expansion and enrichment. Secondly, a commons-oriented legal framework ought to unconditionally recognise and protect the creative practices within commons-based peer production and guarantee the characteristics of societal constitutionalism encountered in intellectual commons communities. Finally, commons-oriented legal institutions ought to introduce sets of extensive rights to access, work upon and transform information, knowledge and culture for non-commercial purposes. The chapter concludes with recommendations for future legal research focusing on particular fields within commons-oriented policymaking reimagining the commons-based elements already present within intellectual property law proposing their reconstruction in a novel and systematic way into an independent commons-oriented body of law.


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