scholarly journals There Is Always More Than Law! From Low IP Regimes To A Governance Perspective In Copyright Research

2018 ◽  
Author(s):  
Christian Katzenbach
Keyword(s):  
Conceptual Framework ◽  
Theoretical Basis ◽  
Court Decisions ◽  
Creative Work ◽  
Theoretical Underpinning ◽  
Legal Provisions ◽  
Law And Policy ◽  
Specific Community ◽  
Normative Dimension ◽  
And Control

// Forthcoming in Journal of Technology Law and Policy 22 (1) // Building on the literature on low IP regimes, this paper develops a multi-model governance perspective for copyright research. Qualitative studies have shown that, in both low IP sectors and in heavily regulated sectors, creatives develop their own sets of rules, assumptions and routines that delineate accepted and objectionable practices. While there is empirical evidence, we still lack a theoretical underpinning to understand and inves-tigate these phenomena within a systematic and comparative framework. This paper develops a conceptual framework based on sociological institu-tionalism (SI). SI provides the theoretical basis for showing that mutually related rights and obligations, and the distinctions between right and wrong, possible and impossible actions are not only constituted by law but also by normative orientations and cognitive framings. This paper suggests a framework with four modes of copyright governance: (1) A regulative dimension, addressing the provision and enforcement of formal rules, laws, court decisions, terms of services; (2) a normative dimension, investigating the prevalent assumptions about legitimate and illegitimate behavior in a specific community or sector; (3) a discursive dimension, addressing the framings and debates on creativity, authorship, and originality; and (4) a technological dimension that investigates the embodiment of affordances and rules in infrastructures, devices, and algorithms relevant to creative work. Thus, when seeking to understand the framing and control of creative practives there is always more than law. These frames may align with legal provisions, but in many cases they do not. The paper applies this framework to existing studies on the governance creative production and dissemination.

scholarly journals DESIGN FOR CONTINUOUS USE OF PRODUCT-SERVICE SYSTEMS: A CONCEPTUAL FRAMEWORK

2021 ◽  
Vol 1 ◽  
pp. 983-992
Author(s):  
Yutaro Nemoto ◽  
Hitesh Dhiman ◽  
Carsten Röcker
Keyword(s):  
Conceptual Framework ◽  
Well Being ◽  
Service Systems ◽  
Customer Acceptance ◽  
Product Service ◽  
Value Propositions ◽  
Conceptual Study ◽  
And Control ◽  
Continuous Use ◽  
Product Service Systems

AbstractProduct-service systems (PSSs) have attracted researchers in engineering design for the past decades. Recent advances in digital technologies have expanded the potential functionalities that PSSs could deliver and designers' repertoire of tools and techniques to make new value propositions. The key to the success of new value propositions is to achieve customer acceptance and continuous use. However, little is known about the precise routes by which customers accept and use PSSs over time and its dynamics. This conceptual study aims to provide an enhanced view of customer acceptance and continuous use of PSSs by integrating multiple theories and literature streams. In this paper, we suggest three propositions based on the key concepts found in our literature review—well-being, trust and control—, and illustrate a conceptual framework that represents the dynamics of customer acceptance and continuous use of PSSs. Based on the proposed framework, we outline further research questions that could advance our knowledge about design for continuous use of PSSs.

scholarly journals Futures of sustainability: Perspectives on social imaginaries and social transformation. A comment on Frank Adloff and Sighard Neckel’s research program

2021 ◽  
pp. 053901842199956
Author(s):  
Gerard Delanty
Keyword(s):  
Conceptual Framework ◽  
Research Program ◽  
Social Transformation ◽  
Research Agenda ◽  
Social Imaginaries ◽  
The Third ◽  
The Future ◽  
And Control

This essay is a comment on the research program launched by Frank Adloff and Sighard Neckel. My comment is specifically focused on their research agenda as outlined in their trend-setting article, ‘Futures of sustainability as modernization, transformation, and control: A conceptual framework’. The comment is also addressed more generally to the research program of the Humanities Centre for Advanced Studies ‘Futures of Sustainability’. I raise three issues: the first relates to the very idea of the future; the second concerns the notion of social imaginaries and the third question is focused on the idea of social transformation.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

Identification and Measurement of Talent in Talent Management

2017 ◽  
pp. 134-166
Author(s):  
Manoj Kumar
Keyword(s):  
Conceptual Framework ◽  
Theoretical Basis ◽  
Talent Management ◽  
Short Review ◽  
Research Problem ◽  
Vocational Psychology ◽  
Assessment Tools ◽  
Self Assessment ◽  
Valid Assessment ◽  
Identification Processes

Research problem and short review: Furthermore, little attention has been paid so far to how specific talent definitions, operationalization, and measures are experienced by assessees. Methodology: This multidisciplinary review aims to contribute to the establishment of a stronger theoretical basis for talent-management by presenting a conceptual framework of talent in which the definition, operationalization and measurement of talent and its relation to excellent performance is clarified. Analysis: we strongly advise organizations to incorporate self-assessment tools in their talent-identification processes. Main results: We conclude that a valid assessment of talent requires striking a balance between organizational responsibility and self-responsibility. Main contributions of your research: We systematically introduce 11 propositions into the framework, building on fragmented insights from the literature, from the fields of HRM, gifted education, positive psychology, and vocational psychology respectively.

Coordination and Optimization of Large Equipment Complete Service in Cloud Based Manufacturing

2017 ◽  
Vol 13 (4) ◽  
pp. 56-71 ◽  
Author(s):  
Xiaochun Sheng ◽  
Kefeng Wang
Keyword(s):  
Theoretical Basis ◽  
Scientific Method ◽  
Cloud Manufacturing ◽  
Collaborative Optimization ◽  
Collaborative Management ◽  
Manufacturing Resource ◽  
The Stability ◽  
And Control ◽  
Manufacturing Mode ◽  
Resource Service

The paper studies the cloud manufacturing service platform and mode in the coordination and optimization of large equipment complete service (LECS). A set of theory based system of coordination and optimization is systematically established to support and implement LECS' cloud manufacturing mode. The research results show that the collaborative logic framework proposed is of macro guidance significance; the composite synergy mechanism system designed realizes all-round cooperative target; the collaborative optimization model and algorithm established have validity and practicality through instance verification. It systematically realizes the collaborative management of resource choice and optimizing configuration, the plan and control in the process of service, and so on. It can ensure the stability of manufacturing resource service seamless, green, environmental protection, and high quality. It achieves optimization of the overall system coordination. The study also provides a theoretical basis and scientific method for large equipment enterprise from manufacturer to a service integrator transformation.

scholarly journals Forecasting Confirmed Cases, Deaths, and Recoveries from COVID-19 in China during the Early Stage

2020 ◽  
Vol 2020 ◽  
pp. 1-4
Author(s):  
Lianyi Liu ◽  
Yan Chen ◽  
Lifeng Wu
Keyword(s):  
Theoretical Basis ◽  
Prevention And Control ◽  
Early Stage ◽  
Grey Model ◽  
Disease Spread ◽  
Forecasting Accuracy ◽  
And Control

To provide a theoretical basis for the prevention and control of COVID-19 in China, confirmed cases, deaths, and recoveries from COVID-19 in China were predicted using a fractional grey model. The results indicated that the grey model has high forecasting accuracy in the prediction of disease spread.

scholarly journals The theory of hegemony: Laclau’s path not taken

2019 ◽  
Vol 46 (10) ◽  
pp. 1225-1243
Author(s):  
Andro Kitus
Keyword(s):  
The Other ◽  
Necessary Condition ◽  
Theoretical Underpinning ◽  
Ernesto Laclau ◽  
Chantal Mouffe ◽  
Normative Dimension ◽  
The Relationship

The article revisits the theory of hegemony of Ernesto Laclau and Chantal Mouffe and shows how a normative injunction, which according to Laclau is not compatible with the hegemonic logic, is not only possible but a necessary condition for hegemony to function. The article claims that the path to demonstrate this involves rethinking the relationship between the theory of hegemony and Derridean deconstruction. Following criticisms that the theory of hegemony overlooks the aporetic nature of Derridean undecidability that it nevertheless relies upon, the hegemonic logic is submitted to a deconstructive reading, which reveals an internal aporia in it. It is further argued that the unaccounted aporia in the logic of hegemony explains the theory’s inability to satisfactorily account for its essential theoretical underpinning, the radical exclusion. However, the article also demonstrates that the aporia does not destroy hegemonic logic but, instead, supplements it by a normative dimension, by a demand of opening to the other as other.

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