scholarly journals From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print, Introduction

2016 ◽  
Author(s):  
Neil Netanel
Keyword(s):  
Sixteenth Century ◽  
Historical Development ◽  
Historical Context ◽  
Copyright Law ◽  
Property Right ◽  
Jewish Law ◽  
Fair Compensation ◽  
Jewish Learning ◽  
To Receive ◽  
Key Questions

In this book, Neil Netanel traces the historical development of Jewish copyright law. In so doing, he compares rabbinic reprinting bans with secular and papal book privileges and relays the stories of dramatic disputes among publishers of books of Jewish learning and liturgy, beginning with the early sixteenth century and continuing until today. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular counterpart at key junctures, it fashions strikingly different answers to those key questions.

scholarly journals Two Comparative Perspectives on Copyright's Past and Future in the Digital Age

2017 ◽  
Author(s):  
Timothy K Armstrong
Keyword(s):  
Historical Development ◽  
Historical Context ◽  
Copyright Law ◽  
Global Politics ◽  
Policy Makers ◽  
Copyright Policy ◽  
Digital Copyright ◽  
Social Interests ◽  
Contemporary Technology

This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some of the unique challenges contemporary technology poses to the law as well as the historically unprecedented obstacles that contemporary law raises to some forms of socially valuable innovation. Haggart’s book, in contrast, maintains a narrower focus on the contemporary era, yielding a superior accounting of the institutional and social interests now at stake in the global copyright debate, but fails in some respects to appreciate the ways in which the much lengthier course of historical development constrains future copyright policy-making. The review concludes by suggesting some respects in which both books might serve as valuable guides for copyright policy-makers at both the national and international levels.

scholarly journals The Dissolution of the Monasteries and its Impact on Education in Tudor Times

2012 ◽  
Vol 14 (1) ◽  
pp. 109-120
Author(s):  
Marek Smoluk
Keyword(s):  
Sixteenth Century ◽  
Henry Viii ◽  
Academic Education ◽  
Political Decision ◽  
English Society ◽  
Selective Basis ◽  
Lord Chancellor ◽  
Political Decisions ◽  
Made In ◽  
Key Questions

In 1536 the English Parliament under pressure from Henry VIII and the Lord Chancellor, Thomas Cromwell, gave its consent for the dissolution of the lesser monasteries and abbeys in the king’s realm, and three years later with the sanction of MPs some of the greater religious houses also suffered the same fate. The principal aim of this paper is to assess the importance of this political decision with a view to examining the progress being made in the field of education in England in the middle of the sixteenth century resultant upon this dissolution. The evaluation of the merits and demerits originating from the suppression of the English monasteries is made in terms of both primary and academic education. The answers to these key questions are preceded by a short analysis of the reputation monasteries and abbeys had acquired by that time. Also on a selective basis, some opinions have been presented here to provide an overall picture of the standing of the monks and nuns and their concomitant activities, as perceived through the eyes of English society; the eminent scholars and humanists In particular. Subsequently, before assessing the consequences resulting from the dissolution of the religious houses in England, some consideration is given to the reasoning and rationale which lay behind both Henry VIII and his Lord Chancellor’s political decisions.

scholarly journals THE HISTORICAL DEVELOPMENT OF THE “LIGHT WORK” PROVISION OF CONVENTION NO. 138

Obiter ◽  
2014 ◽  
Author(s):  
Rufaro Audrey Mavunga
Keyword(s):  
Developing Countries ◽  
Historical Development ◽  
Historical Context ◽  
Child Work ◽  
Minimum Age ◽  
Different Cultures ◽  
General Wellbeing

The Minimum Age Convention no. 138 of 1973 in Article 7 provides that children between the ages of 13 and 15 years may be permitted to undertake a permissible form of child work, namely: light work. Such work should not prejudice the education, health or the general wellbeing of the child. Article 7 does not, however, define or clarify what actually qualifies as light work. The light work provision also seems incompatible with the realities of many developing countries and the values prioritized in different cultures as it seems to place an unnecessarily strict prohibition of work by children below the age of 13 years. Although there seems to be confusion regarding this concept the light work provision is best understood in its historical context. The light work provision first appeared in the Minimum Age (Agricultural) Convention no. 10 of 1921 and was further developed in the Minimum Age (Industry) Convention no. 33 of 1932. Convention no. 138 thereafter revised such conventions with a less detailed description of the concept causing confusion and uncertainty about permissible forms of child work.

Deutscher, Lenin and the East-European Perspectives

2017 ◽  
Vol 25 (2) ◽  
pp. 3-28
Author(s):  
Tamás Krausz
Keyword(s):  
Theoretical Analysis ◽  
Eastern Europe ◽  
Historical Development ◽  
Historical Context ◽  
October Revolution ◽  
State Socialism ◽  
Eastern European ◽  
East European ◽  
Marxist Analysis

The article introduces the reception of Isaac Deutscher’s work in Eastern Europe in a historical context and shows how deeply this reception was connected to the various transformations of the system, which had been established after the victory of the Russian October Revolution. The author gives a Marxist analysis of the historical development of state socialism and the various changes in Eastern-European Marxist thought which accompanied this history. He belongs to that school of thought which defines this system as state socialism, and he gives a theoretical analysis of its main characteristics, adding that 1989 failed to fulfil the expectations and hopes of many Western and Eastern-European Marxists.

The Jewish Prohibition of Interest: Themes, Scopes, and Contemporary Applications

2010 ◽  
pp. 238-254 ◽  
Author(s):  
Daniel Z. Feldman
Keyword(s):  
Jewish Law ◽  
Predatory Lending ◽  
To Receive

The prohibitions of taking and paying interest are the essence of this article. The prohibition of taking interest, also known as ribbit, is one of the most complex areas of Jewish law. The complexity of this realm is multileveled. At first glance, ribbit and its basic intent seems simple to comprehend. It appears to address the widely condemned practice of usury, also known as predatory lending, where a lender exploits a borrower's desperate need for assistance by lending at rates of interest that are excessive and often unfeasible. However, a close look at the details of the prohibition will reveal that concern for predatory lending is insufficient to explain the Torah's ban against interest. This article also discusses the challenge of categorizing ribbit. This article further elaborates upon the effects of prohibition on monetary regulation. Other applications and extensions of the prohibition are explained and the prohibition is also compared to receive and return interest.

VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION

2021 ◽  
Author(s):  
Lydie Tallova
Keyword(s):  
Czech Republic ◽  
Historical Context ◽  
Legal Protection ◽  
Civil Code ◽  
Copyright Law ◽  
Private Law ◽  
License Agreement ◽  
Industrial Property ◽  
The Czech Republic ◽  
Legal Norms

"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."

Talmud Diagrams

2014 ◽  
pp. 272-294
Author(s):  
Israel Ury
Keyword(s):  
Graphical Representations ◽  
Jewish Law ◽  
Age Group ◽  
Legal Systems ◽  
Legal Opinions ◽  
Basic Source ◽  
Legal Arguments ◽  
To Receive

The Talmud, as the basic source of Jewish law and thought, continues to receive the attention of scholars and students from a wide age group. Study of the Talmud is complicated by its complex and involved legal arguments. Talmud Diagrams are designed to be easy to read graphical representations of the logic of the Talmud that aid its comprehension and retention. In particular, Talmud Diagrams are maps of legal opinions that consist of rulings on a set of related cases. Passages in the Talmud are represented by a series of Talmud Diagrams that portray the evolution of the legal opinions, challenges, and resolutions. The principle of a fortiori is embedded within the structure and formation rules of Talmud Diagrams, allowing the use of Talmud Diagrams to be extended to other legal systems where a fortiori applies.

The Copyright

2020 ◽  
pp. 43-95
Keyword(s):  
Open Access ◽  
Historical Development ◽  
Digital Publishing ◽  
Property Right ◽  
History Of

It makes sense to discuss the history of copyright before open access. This chapter will establish the background for context. In order to understand the significance of open access repositories, it would be reasonable to be aware of the relevant debate. Therefore, it is necessary to trace the historical development of the concept of copyright as a property right. The continued relevance of the rationales for copyright interests, both philosophical and pragmatic, will be assessed in the contemporary times of digital publishing.

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