Prerogative, Nationalized: The Social Formation of Intellectual Property

Author(s):  
Laura R. Ford
1994 ◽  
Vol 12 (2) ◽  
pp. 211-226 ◽  
Author(s):  
Dick Leith

Abstract: To non-specialists, academic disciplines invariably seem homogeneous, even monolithic. But even a relatively young discipline such as modem linguistics is more diverse in its procedures and concerns than might appear to those working in other fields. In this paper I attempt to show how certain kinds of linguistic inquiry might be relevant to those whose primary concern is rhetoric. I argue that these practices are often opposed to what I call the dominant paradigm in modern linguistics, with its commitment to abstraction and idealization. I discuss first those strands of linguistics, such as discourse analysis, text-linguistics, and stylistics, which tend to take the social formation for granted; I end by considering recent trends in so-called critical language study. Finally, I offer some thoughts on how linguistics may proceed in order to achieve a more programmatic rapprochement with rhetoric.


Author(s):  
Joseph Ben Prestel

Beginning around 1860, authors in the Egyptian capital portrayed Cairo’s changing cityscape and the recent emergence of local newspapers in terms of their impact on rationality (‘aql). In their descriptions, these contemporaries depicted rationality as an education of the heart that especially enabled men from the middle class to control their bodies and passions. The chapter shows that Cairo’s transformation was, however, not always associated with rising rationality by drawing on a different set of sources. Police and court records from the 1860s and 1870s demonstrate that contemporaries also described processes of urban change as a danger to the “honor” of lower-class women. Like the debates in Berlin, emotional practices in Cairo thus served as a way to address the social formation of the Egyptian capital during a time of dynamic transformation.


1996 ◽  
Vol 24 (1) ◽  
pp. 17-23
Author(s):  
Alan Kirkaldy

I would argue that history students should understand that the whole body of historical writing consists of interpretations of the past. They should be able to analyse a wide variety of texts and form their own opinions on a historical topic, and should be able to construct a coherent argument, using evidence to support their opinion. In doing so, they should be actively aware that their argument is no more “true” than that offered by any other historian. It is as much a product of their personal biography and the social formation in which they live as of the evidence used in its construction. Even this evidence is the product of other personal biographies and other social forces.


2012 ◽  
Vol 19 (3) ◽  
pp. 313-343 ◽  
Author(s):  
Matthew Wolfgram

AbstractThis article documents the practices of pharmaceutical creativity in Ayurveda, focusing in particular on how practitioners appropriate multiple sources to innovate medical knowledge. Drawing on research in linguistic anthropology on the social circulation of discourse—a process calledentextualization—I describe how the ways in which Ayurveda practitioners innovate medical knowledge confounds the dichotomous logic of intellectual property (IP) rights discourse, which opposes traditional collective knowledge and modern individual innovation. While it is clear that these categories do not comprehend the complex nature of creativity in Ayurveda, I also use the concept of entextualization to describe how recent historical shifts in the circulation of discourse have caused a partial entailment of this opposition between the individual and the collectivity. Ultimately, I argue that the method exemplified in this article of tracking the social circulation of medical discourse highlights both the empirical complexity of so-called traditional creativity, and the politics of imposing the categories of IP rights discourse upon that creativity, situated as it often is, at the margins of the global economy.


1996 ◽  
Vol 24 (1) ◽  
pp. 17-23
Author(s):  
Alan Kirkaldy

I would argue that history students should understand that the whole body of historical writing consists of interpretations of the past. They should be able to analyse a wide variety of texts and form their own opinions on a historical topic, and should be able to construct a coherent argument, using evidence to support their opinion. In doing so, they should be actively aware that their argument is no more “true” than that offered by any other historian. It is as much a product of their personal biography and the social formation in which they live as of the evidence used in its construction. Even this evidence is the product of other personal biographies and other social forces.


2018 ◽  
Vol 5 (2) ◽  
pp. 141-169
Author(s):  
Bradford A. Anderson

Abstract In spite of Ireland’s rich and complex religious history, the influence of the Old Testament in the shaping of the island is often overlooked. This study traces the use and reception of the Old Testament in Ireland through the centuries, focusing on stories of transmission, translation, and unexpected influence. In early Christian and medieval Ireland, the transmission of the Old Testament in diverse contexts points to an important role for the Old Testament in relation to social formation and notions of Irish history. Moving to early modern Ireland, the story of the translation of the Old Testament into Irish demonstrates how this collection contributed to contested issues of identity in this highly-charged era. Finally, we encounter stories of unexpected influence relating to Ireland and the Old Testament in James Ussher and John Nelson Darby. In both cases, ideas concerning the Old Testament that took shape in Ireland would go on to have impact on a global scale, even if this subsequent influence was a matter of accidence. Taken together, it is argued that the Old Testament has played a much more prominent role in the shaping of the social, cultural, and religious landscape of Ireland than is often assumed.


2016 ◽  
Author(s):  
Aaron Perzanowski

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo industry opts for self-governance despite the comfortable fit of its creative output within the protections of the Copyright Act.This Article relies on qualitative interview data drawn from more than a dozen face-to-face conversations with professionals in the tattoo industry. Based on those interviews, it offers a descriptive account of the social norms that have effectively displaced formal law within the tattoo community, provides a set of complementary cultural and economic explanations for the development of those norms, and outlines the broader implications of this research for intellectual property law and policy.


2019 ◽  
Vol 10 (1) ◽  
pp. 6-34
Author(s):  
Lucero Ibarra Rojas ◽  
Ezequiel Escobedo Osorio

Intellectual property and cultural policy are essential to the practice of cultural rights, however, in both legal frameworks, indigenous peoples have often found that the state has little consideration for their voices and their world views. In contrast, though no more representative of indigenous perspectives, the social sciences, while engaging with indigenous voices, have often treated them as a source to be appropriated with disregard of their rights and agency. Through an activist and collaborative methodology that includes the concerns of a wide group of indigenous and non-indigenous persons, this article explores how the oral history project of the Fogata Kejtsitani in the Purhépecha community of Cherán, México, contributes to discussions on the appropriation and dissemination of culture. This community has managed the recognition of their right to autonomy, and in so doing, has founded a continuous process of law creation, on which Kejtsitani takes part. La propiedad intelectual y la política cultural son esenciales para la práctica de derechos culturales, sin embargo, en ambos marcos jurídicos los pueblos indígenas frecuentemente han encontrado que el Estado tiene poca consideración por sus voces y cosmovisiones. En contraste, aunque sin ser más representativo de las perspectivas indígenas, las ciencias sociales que se han relacionado con voces indígenas, frecuentemente las han tratado como una fuente para ser apropiada, descartando sus derechos y agencia. A través de una metodología activista y colaborativa que incluye las inquietudes de un amplio grupo de personas indígenas y no-indígenas, este artículo explora cómo el proyecto de historia oral de la Fogata Kejtsitani en la comunidad Purhépecha de Cherán, México, contribuye a las discusiones sobre la apropiación y diseminación de la cultura. Esta comunidad ha logrado el reconocimiento de su derecho de autonomía y, al hacerlo, ha fundado un proceso continuo de creación de derecho del cual Kejtsitani también forma parte.


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