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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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