JuriScience, is an approach through systematic study of the structure of legal phenomena in the law of nature from the perspective of philosophy of science, to inform by exploration of formulas, relations or order of phenomena, as held in the world under stipulated set of conditions, either universally or in a stated proportion of formalised categories in this jurisprudential version.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.
In On Their Own Terms, Benjamin A. Elman offers a much-needed synthesis of early Chinese science during the Jesuit period (1600-1800) and the modern sciences as they evolved in China under Protestant influence (1840s-1900). By 1600 Europe was ahead of Asia in producing basic machines, such as clocks, levers, and pulleys, that would be necessary for the mechanization of agriculture and industry. In the seventeenth and eighteenth centuries, Elman shows, Europeans still sought from the Chinese their secrets of producing silk, fine textiles, and porcelain, as well as large-scale tea cultivation. Chinese literati borrowed in turn new algebraic notations of Hindu-Arabic origin, Tychonic cosmology, Euclidian geometry, and various computational advances. Since the middle of the nineteenth century, imperial reformers, early Republicans, Guomindang party cadres, and Chinese Communists have all prioritized science and technology. In this book, Elman gives a nuanced account of the ways in which native Chinese science evolved over four centuries, under the influence of both Jesuit and Protestant missionaries. In the end, he argues, the Chinese produced modern science on their own terms.
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
