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Deborah Charles Publications
Abstracts' Library
Authors H-I
Debora Halbert, "Intellectual Property Piracy: The Narrative Construction
of Deviance", International Journal for the Semiotics of Law / Revue
Internationale de Sémiotique Juridique Vol.X no.28 (1997), 55-78:
As intellectual property becomes one of the most important commodities
to the United Sates a corresponding increase in entertainment and computer
software piracy can be observed. Because new technology produces
products prone to perfect duplication, and thus open to rampant (and often-times
free) exchange, the traditional notion of copyright is experiencing
an unparalleled threat. Given the threat posed by a new era of technology
prone to sharing information instead of owning information, copyright owners
are finding it necessary to utilize their narrative abilities to render
illegal the actions of the technological pirate. This paper will examine
the narrative construction of intellectual property pirates, paying
close attention to the U.S. approach to piracy in the Asia-Pacific region.
Not only does the U.S. export cultural products via intellectual property
industries, but it export the U.S. notion of intellectual property, authorship,
and originality as well. I will argue that the U.S. international approach
to intellectual property protection is a narrative process that helps construct
enemies used to further cement property boundaries in the information age.
e-mail: dhalbert@otterbein.edu
Sakari Hänninen, "Power as Relation" in Law
and Power, ed. Tuori, Bankowski and Uusitalo (Liverpool: Deborah
Charles Publications, 1997), 31-49: In this article, power is depicted as
a social relation connecting capacities, actions and consequences. Law is
seen as a process of translating direct conflicts and disputes into juridically
regulated debates and a process of finding solutions as interpretations
to problems represented in these debates. This article examines how power
is implicit in law by drawing attention to powers of translation, powers
of representation and powers of interpretation. In this way, law's capacity
to translate disputes is seen to structure privileges and opportunities,
the capacity to represent a juridically translated dispute inscribes positions
of subjects and the capacity to decide on articulated cases conditions aptitudes
for action. In these three dimension of power, the topical questions addressed
include the interfield competition between professional agencies, the medial
technologies patterning legal practices and the discursive management of
truth. Sakari Hänninen is Professor in Political Science, University
of Jyväskylä, P.O.Box 35, 40351 Jyväskyl, Finland, e-mail:
SAKARIH@dodo.jyu.fi
John Harris, "Four Legs Good, Personhood Better", Res Publica
IV/1 (1998), 51-58: In this paper, I discuss Phillip Cole's criticisms
of the concept of personhood as it has been employed by myself and
others in bioethics. The paper criticises Cole's conception of personhood
as a "moral construct" and shows contra Cole that
personhood remains a viable and central concept in contemporary bioethics.
Neville Harris, Professor of Law, Liverpool John Moores University,
UK, "The Three 'R's' - Rights, Remedies and Regulation: The Legal Frontiers
of Education in the 1990s", in "Education Law", Liverpool
Law Review XX/1 (1998), 7-40: The right to education is a fundamental
human right. In England and Wales, education rights have formed
part of an increasingly complex legal framework surrounding educational
provision. The past two decades have witnessed an unprecedented degree of
legislative reform governing education; and the system which emerged from
R.A. Butler's Education Act 1944 has been transformed. The education system
now operates in an environment of intense regulation, which has had
serious implications for the professional autonomy of teachers and
for the determination and consequences of education "success"
and "failure". It has also been subjected to the forces of consumerism,
in particular through a policy a promoting choice in education. Important
rights and remedies have been introduced, but choice has proved an
illusory concept. The Labour Government elected in 1997 has put a particularly
strong emphasis on quality in schoolsat a time when opportunities
for litigation in respect of defective provision are opening up. The combination
of consumerist forces and individual expectations raised by the political
focus on educational standards and the emergent concept of "stakeholderism"
is likely to result in increasing resort to law by dissatisfied parents,
students and others. e-mail: n.s.harris@livjm.ac.uk
Paul Healy, "Dialogue across Boundaries: On the Discursive Conditions
Necessary for a "Politics of Equal Recognition"", Res
Publica IV/1 (1998), 59-76: Like it or not, multiculturalism
and pluralism are facts of contemporary life with which we have no
option but to come to terms. In these circumstances, consideration of the
conditions necessary for non-prejudicial intercultural dialogue achieves
a particular importance. In this connection, Charles Taylor has recently
underscored the need for the development of a "politics of equal
recognition", on the understanding that "due recognition is
not just a courtesy we owe people. It is a vital human need." Correlatively,
"nonrecognition or misrecognition can inflict harm, can be a form of
oppression, imprisoning [others] in a false, distorted, and reduced mode
of being." Consequently, as Taylor affirms, the idea of a politics
of equal recognition is central to contemporary debates about multiculturalism,
and to the related problems of ethnocentrism, nationalism and racism.
The present paper addresses this theme by elucidating the discursive
conditions necessary for sustaining a meaningful, mutually enriching
relationship with members of other cultures and traditions. Specifically,
the conditions enumerated are those necessary to sustain an ongoing "hermeneutic
conversation", a mode of dialogical relatedness to others, which,
by promoting openness and an orientation to mutual understanding, can serve
as an antidote to racism, aggressive nationalism and related social ills
deriving from a mistrust of otherness and cultural diversity. In developing
my position, I draw primarily on contemporary themes in Gadamerian hermeneutics
and Habermasian proceduralism. While, in all, four conditions are
enumerated, particular attention is devoted to the last of these, the need
for mutual understanding and mutual learning as conditions for sustaining
genuine intercultural dialogue. e-mail:PHealy@swin.edu.au
Adrian Howe, Review of Judith Butler, Excitable Speech, International
Journal for the Semiotics of Law / Revue Internationale de Sémiotique
Juridique Vol. XI no.31 (1998), 95-104: In this review, a dedicated
follower of Judith Butler follows the labyrinthine path of the brilliant
North American philosopher's book-length argument against the regulation
of hate speech. Along the way the reviewer encounters illocutionary and
perlocutionary speech acts and renews her acquaintance with non-sovereign
power, subversive resignifications and iterable models of the performative.
Austin, Nietzsche, Foucault and Derrida are all on hand to keep her on track.
At journey's end she is left to ponder the connections and/or gap between
Butler's theorisation of linguistic pain and the injurious effects of hate
speech on subjugated social groups. e-mail A.Howe@latrobe.edu.au
Richard Hull, "Defining Disability - A Philosophical Approach",
Res Publica IV/2 (1998), 199-210: Disability should be of
concern to both moral and political theory owing to the profound disadvantages
endured by disabled people in society. This paper is concerned with how
disability should be defined. The practical manifestations of disability
in society are discussed, so as to ensure that a theoretical approach will
be relevant. It is established that disability can be secured either by
functional limitation or by social discrimination. The problems
both with the World Health Organisation's definition of disability
and the social model of disability are then discussed. A definition
of disability that aims to solve those problems is introduced. It is concluded
that "socially induced disability" should be seen as a
form of social injustice. e-mail: pid08@cc.keele.ac.uk
Andrew Huxley, "Shylock's Bad Karma: The Buddhist
Approach to Law", Law and Critique 7 (1996), 245-255: Two stories
from Buddhist legal sources are analysed: they both have much in common
with The Merchant of Venice's `pound of flesh' story. David Daube's explanation
of such stories as 'misuse of legal formalism against the misuser of it'
is found inapplicable. In explaining why, the paper discusses the centrality
to Buddhist law of Buddhist causation theory, and the relationship between
karma and causation. email: ah6@soas.ac.uk
Richard W. Ireland, "'He Hanged Rumbold ..." The Iconology
of Judicial Partiality in the Middle Ages", Law and Critique
Vol.VII no.1 [1996], 3-33: Beginning with an analysis of some late medieval
paintings and poetry this paper explores the representation and social meanings
of judicial corruption in the middle ages. It argues that the figure of
the unjust judge represents a tension in a medieval mentality which sees
Truth as properly discoverable in God rather than in man. The unjust judge,
then, commits a severe offence, not simply with temporal but also with a
metaphysical dimension. The nature of this connection is explored. Finally
an analysis of legal literature and records is placed within this broader
cultural context in order to pursue an understanding of the significance
of the paradox of unjust judgement and of the legal and social reactions
to it.
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