Discussing the diverse relationships between law and the artistic image, this book includes coverage of the history of the relationship between art and law, and the ways in which the visual is made subject to the force of the law.
Discussing the diverse relationships between law and the artistic image, this book includes coverage of the history of the relationship between art and law, and the ways in which the visual is made subject to the force of the law.
This book extends the cultural turn in legal and criminological studies by interrogating our responses to the image. It provides a space to think through problems of ethics, social authority and the legal imagination.
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
The Image of Law is the first book to examine law through the work of Gilles Deleuze, activating his thought within problems of jurisprudence and developing a concept of judgment that acknowledges its inherently creative capacity.
Jane M. Gaines examines the phenomenon of images as property, focusing on the legal staus of mechanically produced visual and audio images from popular culture. Bridging the fields of critical legal studies and cultural studies, she analyzes copyright, trademark, and intellectual property law, asking how the law constructs works of authorship and who owns the country's cultural heritage.
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.
Next Generation Indie Book Awards, Best Non Fiction 2019 National Indie Excellence Award Winner Nautilus Book Awards, Gold #1 Amazon Best Seller in Architecture History & Periods Amazon Best Seller in Art Subjects & Themes Seeing the World Through Shape How do humans make sense of the world? In answer to this timeless question, award winning documentary filmmaker, Lois Farfel Stark, takes the reader on a remarkable journey from tribal ceremonies in Liberia and the pyramids in Egypt, to the gravity-defying architecture of modern China. Drawing on her experience as a global explorer, Stark unveils a crucial, hidden key to understanding the universe: Shape itself. The Telling Image is a stunning synthesis of civilization’s changing mindsets, a brilliantly original perspective urging you to re-envision history not as a story of kings and wars but through the lens of shape. In this sweeping tour through time, Stark takes us from migratory humans, who imitated a web in round-thatched huts and stone circles, to the urban ladder of pyramids and skyscrapers, organized by hierarchy and measurements, to today’s world of interconnected networks. In The Telling Image Stark reveals how buildings, behaviors, and beliefs reflect humans’ search for pattern and meaning. We can read the past and glimpse the future by watching when shapes shift. Stark’s beautifully illustrated book asks of all its readers: See what you think.
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.