Theoretical and Philosophical Foundations

This chapter deals with the theoretical foundation of copyright law and considers the various philosophical theories in this regard. The link between copyright law and the philosophical ideals that underpin its theory and interpretation is noted and considered within the ambits of the public sphere as proposed by Habermas (1974, p. 49). The discussion also includes an explanation of the public domain and focuses on the following theories in particular: the utilitarian approach, the public benefit theory, the natural rights theory, and the moral rights theory. The chapter concludes by comparing the theories and noting their alignment and differences.

2021 ◽  
pp. 1-21
Author(s):  
Seth Tweneboah

Abstract This paper examines the reasons for and consequences of the resort to traditional spiritual justice in spite of increasing awareness of state civil law structures. The paper helps us theorise on how economic disputes resulting from lack of effective legal enforcement yields itself easily to the deployment of spiritual justice. The significance of this study is that it contributes perspectives into issues of law and political modernisation and their interrelationships with religious imaginations. It departs from previous accounts that focus on the pervasiveness of religion in the contemporary Ghanaian public sphere. Instead, the current study devotes attention to the conditions that occasion the deployment of religion in the public domain.


2020 ◽  

Since the unexpected death of Ulrich Beck, there has largely been an absence of studies and debate on the continuation of his sociological work. One reason for this might be the fact that Beck’s writings revolve strongly around public resonance and everyday political issues. His approach to sociology, which straddles the border between academia and the public sphere, therefore represents a challenge for an academic discipline which is increasingly trying to overcome its own flawed and entrenched academic unity by demanding a more public form of sociology, but which has only just begun to tackle the work of one of its most important representatives in the public domain. This special edition aims to reassess the dialogue between the sociologist Ulrich Beck and the contemporary academic field of sociology.


2014 ◽  
Vol 15 (1) ◽  
pp. 53
Author(s):  
Kurnia Ningsih

SOSOK PEREMPUAN DALAM KARYA SASTRAAbstractCurrently, women have started to gain access to the public sphere, which was traditionally reserved for men. However, questions remain whether these women have already gained due recognition for their work in the public domain. This phenomena are also present in literature, a creative work which is believed to be able to depict social phenomena with ample clarity. Three short stories published in the Jakarta Posts 2008, and Kompas 2012 chosen to see the reflection of women who entered the public domain which is strongly patriarchal in nature. Ironically, patriarchy still strongly presents in custom, tradition, and religion in which the sanctity of Eastern culture must be kept at all cost.Keywords: image, woman, literary worksAbstrakSaat ini, perempuan sudah mulai mendapatkan akses ke ruang publik, yang secara tradisional untuk laki-laki. Namun, pertanyaannya tetap apakah wanita ini telah memperoleh pengakuan untuk pekerjaan mereka dalam domain publik. Fenomena ini juga hadir dalam sastra, karya kreatif yang diyakini dapat menggambarkan fenomena sosial dengan cukup jelas. Tiga cerita pendek yang diterbitkan di Jakarta Post 2008, dan Kompas 2012 yang dipilih untuk melihat pantulan wanita yang memasuki domain publik yang sangat patriarkal di alam. Ironisnya, patriarki masih sangat hadir dalam adat, tradisi, dan agama di mana kesucian budaya Timur harus disimpan di semua biaya.Keywords: sosok, perempuan, karya sastra


2014 ◽  
Vol 7 (1) ◽  
pp. 64-77
Author(s):  
Doris Wolf

This paper examines two young adult novels, Run Like Jäger (2008) and Summer of Fire (2009), by Canadian writer Karen Bass, which centre on the experiences of so-called ordinary German teenagers in World War II. Although guilt and perpetration are themes addressed in these books, their focus is primarily on the ways in which Germans suffered at the hands of the Allied forces. These books thus participate in the increasingly widespread but still controversial subject of the suffering of the perpetrators. Bringing work in childhood studies to bear on contemporary representations of German wartime suffering in the public sphere, I explore how Bass's novels, through the liminal figure of the adolescent, participate in a culture of self-victimisation that downplays guilt rather than more ethically contextualises suffering within guilt. These historical narratives are framed by contemporary narratives which centre on troubled teen protagonists who need the stories of the past for their own individualisation in the present. In their evacuation of crucial historical contexts, both Run Like Jäger and Summer of Fire support optimistic and gendered narratives of individualism that ultimately refuse complicated understandings of adolescent agency in the past or present.


2018 ◽  
Vol 11 (1-2) ◽  
pp. 43-62
Author(s):  
Wisam Kh. Abdul-Jabbar

This study explores Habermas’s work in terms of the relevance of his theory of the public sphere to the politics and poetics of the Arab oral tradition and its pedagogical practices. In what ways and forms does Arab heritage inform a public sphere of resistance or dissent? How does Habermas’s notion of the public space help or hinder a better understanding of the Arab oral tradition within the sociopolitical and educational landscape of the Arabic-speaking world? This study also explores the pedagogical implications of teaching Arab orality within the context of the public sphere as a contested site that informs a mode of resistance against social inequality and sociopolitical exclusions.


2019 ◽  
Vol 12 (4) ◽  
pp. 83-103
Author(s):  
Mai Mogib Mosad

This paper maps the basic opposition groups that influenced the Egyptian political system in the last years of Hosni Mubarak’s rule. It approaches the nature of the relationship between the system and the opposition through use of the concept of “semi-opposition.” An examination and evaluation of the opposition groups shows the extent to which the regime—in order to appear that it was opening the public sphere to the opposition—had channels of communication with the Muslim Brotherhood. The paper also shows the system’s relations with other groups, such as “Kifaya” and “April 6”; it then explains the reasons behind the success of the Muslim Brotherhood at seizing power after the ousting of President Mubarak.


2020 ◽  
Vol 6 (4) ◽  
pp. 183-210
Author(s):  
Erin Nunoda

This article examines YouTube videos (primarily distributed by a user named Cecil Robert) that document so-called dead malls: unpopulated, unproductive, but not necessarily demolished consumerist sites that have proliferated in the wake of the 2008 recession. These works link digital images of mall interiors with pop-song remixes so as to re-create the experience of hearing a track while standing within the empty space; manipulating the songs’ audio frequencies heightens echo effects and fosters an impression of ghostly dislocation. This article argues that these videos locate a potentiality in abandoned mall spaces for the exploration of queer (non)relations. It suggests that the videos’ emphasis on lonely, unconsummated intimacies questions circuitous visions of the public sphere, participatory dynamics online, and the presumably conservative biopolitics (both at its height and in its memorialization) of mall architecture.


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