scholarly journals Recreated Subjects, Reconstructed Copies: Considerations on the Photographic Process

Author(s):  
Grischka Petri

This article considers the dichotomy of originals and copies in the specific context of photographs of objects that recreate an existing work of art or a documentary photograph. The examples span the period from the mid-nineteenth century to contemporary photographic practices. The traditional legal regulation of such copies is unsatisfactory compared with more recent theoretical approaches, as those proposed here. These approaches encompass the two modes of photographic copies after recreated realities: they simultaneously preserve identities and create original alterations.

2016 ◽  
Vol 6 (3) ◽  
pp. 256-275
Author(s):  
Molly C. O'Donnell

All the narrators and characters in J. Sheridan Le Fanu's In a Glass Darkly are unreliable impostors. As the title suggests, this is also the case with Arthur Machen's The Three Impostors, which similarly presents a virtual matryoshka of unreliability through a series of impostors. Both texts effect this systematic insistence on social constructedness by using and undermining the specific context of the male homosocial world. What served as the cure-all in the world of Pickwick – the homosocial bond – has here been exported, exposed, and proven flawed. The gothic is out in the open now, and the feared ghost resides without and within the group. The inability of anyone to interpret its signs, communicate its meaning, and rely on one's friends to talk one through it is the horror that cannot be overcome. Part of a larger project on the nineteenth-century ‘tales novel’ that treats the more heterogeneric and less heteronormative Victorian novel, this article examines how In a Glass Darkly and The Three Impostors blur the clear-cut gender division articulated in prior masculine presentations like The Pickwick Papers and feminine reinterpretations such as Cranford. These later texts challenge binaries of sex, speech, genre, and mode in enacting the previously articulated masculine and feminine simultaneously.


2015 ◽  
Vol 33 (3) ◽  
pp. 577-620 ◽  
Author(s):  
David Thacher

The urbanization of nineteenth century America led to enormous changes in American criminal justice, as the rise of this dramatically more complex kind of human settlement posed new problems for legal regulation. Some of those problems are familiar. Many reformers emphasized the way cities eroded traditional controls on predatory crime, and they viewed modern police forces, public prosecution, and the modern penitentiary as a means of substituting formal social control for the informal controls of the past. But cities posed a different problem as well. In the city people made their homes in dense mixed-use environments that had not yet been sorted out and segregated along the lines of the modern metropolis, and when they ventured out of them they came together in the crowded streets, squares, and parks that proliferated in the nineteenth century. This complex environment made new demands on their behavior, as conduct that would have bothered no one in sparsely occupied rural spaces became problematic in the densely shared environments of the city. This change did not involve the collapse of old strategies for controlling familiar forms of bad behavior; it involved a shift in what sort of behavior counted as “bad” in the first place. The continued evolution of the urban environment, in turn, depended upon the ability of criminal justice institutions to grapple with these challenges. Shared environments require those who use them to develop and enforce rules to regulate the sharing.


Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.


ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.


2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.


1997 ◽  
Vol 50 (2-3) ◽  
pp. 387-420 ◽  
Author(s):  
Mark Evan Bonds

The growing aesthetic prestige of instrumental music in the last decades of the eighteenth century was driven not so much by changes in the musical repertory as by the resurgence of idealism as an aesthetic principle applicable to all the arts. This new outlook, as articulated by such writers as Winckelmann, Moritz, Kant, Schiller, Herder, Fichte, and Schelling, posited the work of art as a reflection of an abstract ideal, rather than as a means by which a beholder could be moved. Through idealism, the work of art became a vehicle by which to sense the realm of the spiritual and the infinite, and the inherently abstract nature of instrumental music allowed this art to offer a particularly powerful glimpse of that realm. Idealism thus provided the essential framework for the revaluation of instrumental music in the writings of Wackenroder, Tieck, E. T. A. Hoffmann, and others around the turn of the century. While this new approach to instrumental music has certain points of similarity with the later concept of "absolute" music, it is significant that Eduard Hanslick expunged several key passages advocating idealist thought when he revised both the first and second editions of his treatise Vom Musikalisch-Schönen. The concept of "absolute" music, although real enough in the mid-nineteenth century, is fundamentally anachronistic when applied to the musical thought and works of the decades around 1800.


Author(s):  
Guy G. Stroumsa

Although most major social anthropologists came from Britain, the new sensitivity to ritual among students of religion, it appears, was felt more powerfully in France than elsewhere. This chapter considers the conditions in which a new intellectual sensitivity to sacrifice appeared towards the end of the nineteenth century, and the immense implications of this sensitivity on new approaches to religion. Although reflection on sacrifice dates back to antiquity, it is only with the emergence of the science of religion as an academic discipline after the mid-nineteenth century that it became grounded in theoretical approaches to religion. We will see how Durkheim’s most gifted students dealt with sacrifice, and call attention to the broader political context, from the Dreyfus Affair to the First World War.


Urban History ◽  
2005 ◽  
Vol 32 (2) ◽  
pp. 345-351
Author(s):  
JONATHAN SOFFER

One of my colleagues likes to say that if a subject was worth one book, it was worth more than one. A comparison of two books on the development of New York City's manufacturing, commercial and financial elite demon-strates how differences in theoretical approaches, research materials and literary form can lead in significantly different directions. Beckert depicts the rise of the bourgeois class in the late nineteenth century with touches of tragedy and irony. Kessner's capitalists, while flawed, particularly in their mistreatment of labour, tend to come across as heroes who make America a dominant world power.


2016 ◽  
Vol 3 (1) ◽  
pp. 214-219
Author(s):  
Y A Tymoshenko

The article deals with theoretical approaches regarding the advisability of a full-fledged revival of administrative prejudice criminal law. On the basis of analyzing the legislative structures of crimes involving as a mandatory feature attraction of the person to administrative responsibility, and the provisions of Art. 14 of the Criminal Code of the Russian Federation concluded that the introduction of the institution is possible only if changes in approach to understanding the nature of the crime and the revision of the place of criminal law in the system of legal regulation.


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