The “Copyright” Regime of Chessboard Street

2019 ◽  
pp. 158-210
Author(s):  
Fei-Hsien Wang
Keyword(s):  
Legal System ◽  
Copyright Law ◽  
Cultural Economy ◽  
Reform Initiative ◽  
Legal Institution ◽  
Central State ◽  
Property Ownership ◽  
Civic Organization ◽  
Modern Chinese ◽  
Legal Control

This chapter traces how the Chinese booksellers in the Chessboard Street neighborhood utilized the tradition of merchant guilds and the Qing government's reform initiative to create their quasi-legal institution in order to regulate and protect what they believed to be banquan/copyright. It illustrates in particular how the Shanghai shuye gongsuo (SBG), a civic organization with no legal jurisdiction or official authorization, enforced its banquan/copyright regulation and punished pirates according to their ideas of morality, norms, and customs. It illustrates how the SBG's rich records not only reveal the daily operation and conflicts in the modern Chinese cultural economy, but also the booksellers' conceptions of property ownership, civility, and trust that were articulated and contested in routine transactions. The chapter also focuses on how the SBG interacted and negotiated with the state's formal legal system after the promulgation of China's first copyright law in 1911. Throughout the 1910s and 1920s, although new legislation regarding the protection of copyright appeared, it was rarely enforced in reality because consistent political upheavals had prevented the Chinese central state from establishing sufficient legal control over its territory.

Text trajectories, legal discourse and gendered inequalities

2012 ◽  
Vol 3 (1) ◽  
pp. 47-73 ◽  
Author(s):  
Susan Ehrlich,
Keyword(s):  
Social Media ◽  
Critical Discourse Analysis ◽  
Conversation Analysis ◽  
Legal System ◽  
Salient Feature ◽  
Critical Discourse ◽  
Legal Institution ◽  
Legal Case ◽  
Fertile Ground ◽  
Rape Trial

AbstractFollowing Blommaert (2005), this paper examines what he calls a ‘forgotten’ context within Critical Discourse Analysis (CDA) and Conversation Analysis (CA) – that of text trajectories. For Blommaert, a limitation of both CDA and CA is their focus on “the unique, one-time” instance of a given text and, by extension, the (limited) context associated with such an instance of text. Such a focus, according to Blommaert, ignores a salient feature of communication in contemporary societies – the fact that texts and discourses move around, are repeatedly recontextualized in new interpretive spaces, and in the process undergo significant transformations in meaning. The text trajectory investigated in this paper begins in a legal institution, more specifically, with a 2004 American rape trial, Maouloud Baby v. the State of Maryland. This legal case garnered much media attention and, as a result of such exposure, references to the case have appeared in both mainstream and social media outlets. Hence, as a ‘text’ that has displayed considerable movement across different contexts within the legal system and, subsequently, beyond the legal system to mainstream and popular forms of media, the Maouloud Baby trial constitutes fertile ground for the exploration of a text's trajectory. Indeed, in keeping with Blommaert's claims, I show how this trial's ‘text’ undergoes significant transformations in meaning as it is recontextualized in different kinds of interpretive spaces (both within the legal system and outside of it) and how these transformations in meaning reproduce larger patterns of gendered inequalities.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

Pay-to-Play

2021 ◽  
Author(s):  
Ryan Kraski
Keyword(s):  
Legal System ◽  
Knowledge Creation ◽  
Innovation Process ◽  
Copyright Law ◽  
For Profit ◽  
Research Fellow ◽  
Automotive Company ◽  
The Us ◽  
The University ◽  
Harsh Reality

Pay-to-Play provides an accessible approach toward understanding two systems for knowledge creation and dissemination that are embedded in the US legal system, namely private, nonprofit universities and copyright law. Pay-to-Play identifies the harsh reality that an expansive body of academic works remains locked away behind for-profit paywalls. Accessing these works for individuals is prohibitively expensive and is usually only made possible through even more expensive institutional memberships. As a result, most people are unnecessarily excluded from the innovation process, which lies at the very core of the Constitution’s Copyright Clause. Attorney Ryan Kraski, Esq. is a former lecturer and research fellow at the University of Cologne, Germany and is currently in-house counsel to a large automotive company .

scholarly journals Trust and Patrimony

2014 ◽  
Vol 38 (2) ◽  
pp. 379-403 ◽  
Author(s):  
Lionel D. Smith
Keyword(s):  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Legal Person ◽  
Fundamental Change ◽  
Legal Institution ◽  
Personal Rights ◽  
The Common ◽  
Trust Property

The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.

scholarly journals “Penal taxes” in the Russian legal system

2020 ◽  
pp. 121-128
Author(s):  
Zh. G. Popkova
Keyword(s):  
Legal System ◽  
Regulatory Framework ◽  
Legal Institution

Provides information on the foreign legal institution of penal taxes. It is concluded that in the domestic regulatory framework, under certain conditions, there is also essentially a fiscal taxation, that is, it does not meet the requirement of economic soundness of taxes and involves increased taxation of certain activities (property).

scholarly journals Fundamental Legal Bases of the Administrative Contract: A Legal Institution in Cuba and Mexico

2020 ◽  
pp. 969-974
Author(s):  
Salvador Santiago Villalobos González
Keyword(s):  
Legal System ◽  
Strong Influence ◽  
System Development ◽  
Legal Institution ◽  
Administrative Contract ◽  
Administrative Management ◽  
Similarities And Differences ◽  
Management Contract

This article aims to find the foundations of the administrative contract. lts similarities and differences, where it would be an institution of similar functions, in essence, pursuing the same goals. Specifically, it discusses the bases of the administrative management contract in Cuba and Mexico, taking into account both countries have initiated the process of the legal system development in the same way, however, at present, the administrative contract in each country is lead differently. The study shows that the administrative contract in Cuba is considered to be derived from the Spanish colony, while, in the Mexican law, there is a greater deepening and study of the French classic doctrine. However, in both cases, there is a strong influence of tradition brought by the colonization.

scholarly journals Legal control of discretionary powers in Ghana: Lessons from English administrative law theory

Afrika Focus ◽  
1998 ◽  
Vol 14 (2) ◽  
Author(s):  
Kwadwo B. Mensah
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Theoretical Basis ◽  
Attorney General ◽  
Administrative Law ◽  
Administrative State ◽  
Depth Analysis ◽  
Legal Control ◽  
Popular Party ◽  
Discretionary Powers

This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modem administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Aimed with these 'lenses', it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto , and People's Popular Party v Attorney General (PPP v AG)'. It examines the provisions which regulate the use of discretionary powers in the Ghanaian 1993 Constitution and it looks at the choices we have to make from the various theories and the development of the administrative state in Ghana.KEY WORDS: functionalism, Ghana, judicial review, law, liberalism 

scholarly journals Authors, Inventors and Entrepreneurs: Intellectual Property and Actors of Extraction

2018 ◽  
Vol 2 (1) ◽  
pp. 319-329 ◽  
Author(s):  
Martin Fredriksson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Michel Foucault ◽  
Copyright Law ◽  
Roland Barthes ◽  
Cultural Economy ◽  
Cultural Expressions ◽  
Artistic Works ◽  
And Function

AbstractThe ideas and ideals of authorship and the discourse on property rights that emerged in parallel since the 18thcentury have come to form the bedrock of copyright law. Critical copyright scholars argue that this construction of authorship and ownership contributes to individualisation and privatisation of artistic works that disregards the collective aspects of creativity. It also embodies a certain kind of authorial character-or “author function” as Michel Foucault puts it-imbued with racial and gendered powers and privileges. While the gendered and racialised biases of intellectual property rights are well documented within copyright research, the commodification of ideas and cultural expressions relies on individualisation of creativity that is significant not only to the cultural economy but also to the 20th-century notion of the entrepreneur as the protagonist of capitalism. This article relates the idea of the entrepreneur to the deconstruction of authorship that was initiated by Foucault and Roland Barthes in the late 1960s, and the critique of an author-centred IPR regime developed by law scholars in the 1990s. It asks if and how the deconstruction of the author as a cultural and ideological persona that underpins the privatisation of immaterial resources can help us understand the construction and function of the entrepreneur in extractive capitalism.

scholarly journals PROPER APPLICATION OF THE PROVISIONS ON SUPERVISION AND THE PROBATION OFFICER IN THE EXECUTIVE PENAL CODE (ARTICLE 55 § 2ND SENTENCE 2 OF THE E.P.C.)

Probacja ◽  
2021 ◽  
Vol 3 ◽  
pp. 45-60
Author(s):  
Krzysztof Stasiak
Keyword(s):  
Legal System ◽  
Probation Officer ◽  
Penal Code ◽  
Legal Regulations ◽  
Legal Institution

In the Executive Penal Code (e.p.c.), in two places (art. 55 § 2 sentence 2 e.p.c. and art. 43d § 3 sentence 2 e.p.c.), the phrase "the regulations on supervision and guardianship apply accordingly" is used. It is a type of reference which is quite often used in legislative technique. Thanks to its use, it is possible to avoid repeating in a legal act the content that has already been applied to another situation. This allows the legal act to be more coherent, but sometimes there are problems of interpretation during the application of this standard. This is due to the fact that the rules that we are supposed to apply properly have been laid down for another legal institution and it can be very difficult to apply them to another situation. This article is devoted to the analysis of art. 55 § 2 sentence 2 e.p.c. It was made on the basis of legal regulations and available literature. Its aim was to try to decode the norm contained herein and determine the manner of its application. In this study, it has been pointed out that the above mentioned article was originally connected with the execution of custody sentenced to the penalty of restriction of liberty. However, due to the removal from the legal system of the possibility of using this type of supervision, at present, art. 55 § 2 sentence 2 e.p.c. should be used for the activities of a court superintendent related to organising and controlling the performance by the sentenced person (sentenced) of obligations imposed in addition to the penalty of restriction of liberty.

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