scholarly journals Law and Art in China : Domination and Resistance

2017 ◽  
Vol 58 (1-2) ◽  
pp. 137-161
Author(s):  
Pitman B. Potter
Keyword(s):  
Legal System ◽  
Control Function ◽  
Artistic Expression ◽  
Legal Regime ◽  
Contemporary China ◽  
Public Property ◽  
Private And Public ◽  
Critical Insight ◽  
The One ◽  
The Relationship

The relationship between law and art in contemporary China reveals tensions between dynamics of domination and resistance. On the one hand, law plays a control function in the recognition and protection of private and public property, and in the enforcement of regime interests in controlling expression. By delineating the terms and processes for protecting ownership and conservation of art, China’s legal regime formalizes the scope and boundaries — the very identity — of the art being protected. Law’s domination is also evident in its function to restrict artistic expression. Law in China has long been used to prevent and punish artistic expression with which the ruling regime disagrees. Juxtaposed to the formal domination by law over identity and content, is art’s potential to offer critical insight on China’s legal system. Through this dynamic of resistance, art in China offers perspectives through which to interrogate particular elements of the PRC legal system. This paper will examine these dimensions of art and law in China.

Israeli Law and Jewish Law — Interaction and Independence

1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz
Keyword(s):  
Legal System ◽  
Point Of View ◽  
The Other ◽  
Jewish Law ◽  
Positive Law ◽  
Social Nature ◽  
Two Systems ◽  
The One ◽  
The Relationship

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.

The Postmodern Condition of Law and Societal “Management of Rules”

2006 ◽  
Vol 27 (1) ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Social Epistemology ◽  
Joint Venture ◽  
Practical Knowledge ◽  
Liberal State ◽  
The Social ◽  
Private And Public ◽  
Evolutionary Step ◽  
The Relationship

SummaryThe last decades have witnessed the appearance of some quite new issues relating to the integration of science into legal decision-making. For a better understanding of the relationship between the normative and cognitive aspects of the decision-making procedure under postmodern conditions of uncertainty, it is necessary to reconstruct the “social epistemology” that consists of the hybrid rules for the management of practical knowledge problems used in the past. In the days of the classical liberal legal system, social knowledge was not a free, spontaneously generated public good, either. It was implied in the practical networks of private production which were the source of “experience”. It was one of the major tasks of the liberal state to systematise, generalise and stabilise this new knowledge base of society, which could be used for both private and public purposes. In a second-order remodelling of this earlier “public-private joint venture”, group-based calculations of probability were integrated into the practice of both private and public types of decision-making, for example, in financial markets or in the construction of public insurances. The emerging paradigm of “social epistemology” in postmodernity is characterised by the requirement to draw upon a more open conception of modelling, designing and experimenting, which makes decision-making more process-oriented, more flexible and more reflexive. This new evolutionary step will again have important consequences for the legal system which has to adapt to more a-centric heterarchical modes of knowledge production. This evolution explains the interest in public-private partnerships and calls for a more proactive public approach to knowledge management.

scholarly journals Zjawisko multicentryczności systemu prawa z perspektywy koncepcji integracyjnej

2015 ◽  
pp. 101-122
Author(s):  
Artur Kotowski
Keyword(s):  
Systems Theory ◽  
Internal Structure ◽  
Legal System ◽  
Point Of View ◽  
Discourse Theory ◽  
Common Features ◽  
The Social ◽  
New Perspective ◽  
The One ◽  
The Relationship

The paper presents the theory of legal system polycentricism from a new perspective, i.e. the one integrating essentially contradictory concepts which explain this phenomenon in the context of the Polish jurisprudence. Apart from attempting to establish “common features” of these well-known concepts explaining the essence of polycentricism in the legal field, the presented point of view pertains to defining the relationship between the phenomenon of polycentricism from the legal discourse theory perspective and the Luhmann’s systems theory. The paper aims to prove the thesis that at present the legal system is internally taking on (transforming into) the heterogeneous type of internal structure due to interaction with already polycentric non-juristic domain, i.e. the social one.

Soudní rozhodnutí jako autoportrét českého soudnictví

2021 ◽  
Author(s):  
Terezie Smejkalová
Keyword(s):  
Legal System ◽  
Dynamic Change ◽  
Case Law ◽  
Judicial Interpretation ◽  
Application Of Law ◽  
Judicial Decisions ◽  
The One ◽  
The Relationship ◽  
Normative Value

This book focuses on the image of the Czech judiciary viewed through the texts of its decisions. The texts of judicial decisions are understood as the self-portraits, which are being created by the judiciary itself. On the one hand, these self-portraits statically reflect the nature of the legal system and the role of the judiciary within this system; on the other hand, they represent a means of a dynamic change. This dynamic change is not only the change that follows from the judicial interpretation and application of law, but also such that is capable of changing the role of the judiciary and its decisions themselves. The text of this book shows the ways in which the texts of judicial decisions reflect the relationship between the judiciary and the state authority. It also shows, how strong an influence does the judiciary have on the normative value of its case-law, i.e. the prominent element in its role of dynamically creating its own role within the legal system.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

scholarly journals Thinking in Vertical: A Practical Application of the Two-Stage Pension System in Spain

2020 ◽  
Vol 12 (23) ◽  
pp. 9928
Author(s):  
Pierre Devolder ◽  
Inmaculada Domínguez-Fabián
Keyword(s):  
Pension System ◽  
Current System ◽  
Point Of View ◽  
Two Stage ◽  
The Public ◽  
Pension Systems ◽  
Private And Public ◽  
The One ◽  
Sustainability Problems ◽  
The Relationship

Public pay-as-you-go pension systems are affected by sustainability problems due to the increasing longevity of the population. These problems come to light when there is unsustainable growth in pension expenditure in relation to GDP. The usual arrangement is for public systems to be complemented by private systems that provide a lifetime annuity paid alongside the public pension. This approach, which is horizontal in its way of thinking, is the one that all countries apply; in it, we can expect to find lifetime annuities, which are expensive because they have to take increasing longevity into account, as well as sustainability problems in the public accounts. Therefore, in this paper, we put forward a system that maintains the complementarity between private and public, but considers it from a vertical point of view. By this, we mean that over a certain period of time, the private system would provide the pension in the form of a temporary income, without the need to consider such a high longevity risk, and then in the following period, the public system would take over. We apply the model to Spain, one of the countries whose pension systems are most affected by problems of sustainability, and observe a decrease in the relationship between pension expenditure and GDP using this two-stage model as opposed to the current system, for the period 2025–2068. This decrease can be achieved without decrease of benefits, change in the retirement age or increase of the contribution level.

Misreading Egypt

2018 ◽  
Author(s):  
Jesse Schotter
Keyword(s):  
New Media ◽  
Narrative Form ◽  
Experimental Film ◽  
Tower Of Babel ◽  
Avant Garde ◽  
Sergei Eisenstein ◽  
History Of ◽  
The One ◽  
The Relationship ◽  
Modern Technologies

The first chapter of Hieroglyphic Modernisms exposes the complex history of Western misconceptions of Egyptian writing from antiquity to the present. Hieroglyphs bridge the gap between modern technologies and the ancient past, looking forward to the rise of new media and backward to the dispersal of languages in the mythical moment of the Tower of Babel. The contradictory ways in which hieroglyphs were interpreted in the West come to shape the differing ways that modernist writers and filmmakers understood the relationship between writing, film, and other new media. On the one hand, poets like Ezra Pound and film theorists like Vachel Lindsay and Sergei Eisenstein use the visual languages of China and of Egypt as a more primal or direct alternative to written words. But Freud, Proust, and the later Eisenstein conversely emphasize the phonetic qualities of Egyptian writing, its similarity to alphabetical scripts. The chapter concludes by arguing that even avant-garde invocations of hieroglyphics depend on narrative form through an examination of Hollis Frampton’s experimental film Zorns Lemma.

Flesh Searches in China

Asian Survey ◽  
2016 ◽  
Vol 56 (2) ◽  
pp. 325-347 ◽  
Author(s):  
Patrick Gorman
Keyword(s):  
Case Studies ◽  
Communist Party ◽  
Chinese Communist Party ◽  
Social Space ◽  
Contemporary China ◽  
Chinese State ◽  
The Chinese Communist Party ◽  
The Relationship

This article explores the relationship between netizens and the Chinese Communist Party by investigating examples of “flesh searches” targeting corrupt officials. Case studies link the initiative of netizens and the reaction of the Chinese state to the pattern of management of social space in contemporary China.

Researching (with) Major Food Retailers

2015 ◽  
Vol 15 (3) ◽  
pp. 33-39 ◽  
Author(s):  
David Evans
Keyword(s):  
Food Systems ◽  
Academic Research ◽  
Social Scientists ◽  
Major Food ◽  
Food Retailers ◽  
Food Retailer ◽  
The One ◽  
The Uk ◽  
The Relationship ◽  
Opening Up

This paper considers the relationship between social science and the food industry, and it suggests that collaboration can be intellectually productive and morally rewarding. It explores the middle ground that exists between paid consultancy models of collaboration on the one hand and a principled stance of nonengagement on the other. Drawing on recent experiences of researching with a major food retailer in the UK, I discuss the ways in which collaborating with retailers can open up opportunities for accessing data that might not otherwise be available to social scientists. Additionally, I put forward the argument that researchers with an interest in the sustainability—ecological or otherwise—of food systems, especially those of a critical persuasion, ought to be empirically engaging with food businesses. I suggest that this is important in terms of generating better understandings of the objectionable arrangements that they seek to critique, and in terms of opening up conduits through which to affect positive changes. Cutting across these points is the claim that while resistance to commercial engagement might be misguided, it is nevertheless important to acknowledge the power-geometries of collaboration and to find ways of leveling and/or leveraging them. To conclude, I suggest that universities have an important institutional role to play in defining the terms of engagement as well as maintaining the boundaries between scholarship and consultancy—a line that can otherwise become quite fuzzy when the worlds of commerce and academic research collide.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

Sign in / Sign up

Export Citation Format

Share Document