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Author: Costas Douzinas
Publisher: University of Chicago Press
Published: 1999-08
Total Pages: 294
ISBN-13: 9780226569536
DOWNLOAD EBOOKDiscussing 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.
Author: Samantha Barbas
Publisher:
Published: 2012
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKWe live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others. The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution of an area of law that I describe as the tort law of personal image. By the 1950s, a body of tort law – principally the privacy, publicity, and emotional distress torts, and a modernized defamation tort – had developed to protect a right to control one’s image and to be compensated for emotional and dignitary harms caused by interference with one’s public image. This law of image produced the phenomenon of the personal image lawsuit, in which individuals sued to vindicate or redress their images. The rise of personal image litigation over the course of the 20th century was driven by Americans’ increasing sense of protectiveness and possessiveness towards their public images and reputations. This article offers an overview of the development of the image torts and personal image litigation in the United States. It offers a novel, alternative account of the history of tort law by linking it to developments in American culture. It explains how the law became a stage for, and participant in, the modern preoccupation with personal image, and how legal models of personhood and identity in turn transformed understandings of the self. Through legal claims for libel, invasions of privacy, and other assaults to the image, the law was brought, both practically and imaginatively, into popular fantasies and struggles over personal identity and self-presentation.
Author: Alison Young
Publisher: Psychology Press
Published: 2005
Total Pages: 205
ISBN-13: 041530184X
DOWNLOAD EBOOKThis 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.
Author: David L. Lange
Publisher: Stanford University Press
Published: 2008-10-27
Total Pages: 613
ISBN-13: 0804763275
DOWNLOAD EBOOKThe 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.
Author: Alexandre Lefebvre
Publisher: Stanford University Press
Published: 2008
Total Pages: 336
ISBN-13: 0804759847
DOWNLOAD EBOOKThe 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.
Author: Simon Stern
Publisher:
Published: 2020
Total Pages: 921
ISBN-13: 0190695625
DOWNLOAD EBOOKHow 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.
Author: Adrian Vermeule
Publisher: Oxford University Press
Published: 2008-12-23
Total Pages: 220
ISBN-13: 0199745153
DOWNLOAD EBOOKHuman reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.
Author: Bernard Edelman
Publisher:
Published: 1979
Total Pages: 217
ISBN-13: 9789030050933
DOWNLOAD EBOOKAuthor: Alison Young
Publisher: Routledge
Published: 2004-08-02
Total Pages: 203
ISBN-13: 1134416687
DOWNLOAD EBOOKThis 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.
Author: Margaret M. deGuzman
Publisher: Oxford University Press
Published: 2017-12-01
Total Pages: 593
ISBN-13: 019027266X
DOWNLOAD EBOOKMartin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.
