Reconstructing Rights
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Author | : Pamela Brandwein |
Publisher | : Duke University Press |
Total Pages | : 292 |
Release | : 1999 |
Genre | : History |
ISBN | : 9780822323167 |
Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author | : P. Bernt Hugenholtz |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 370 |
Release | : 2018-04-11 |
Genre | : Law |
ISBN | : 9041191038 |
About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.
Author | : Joe Hoover |
Publisher | : Oxford University Press |
Total Pages | : 259 |
Release | : 2016 |
Genre | : Philosophy |
ISBN | : 0198782802 |
We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.
Author | : Sharon R. Krause |
Publisher | : University of Chicago Press |
Total Pages | : 260 |
Release | : 2015-03-13 |
Genre | : Philosophy |
ISBN | : 022623472X |
What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.
Author | : Michael David Cohen |
Publisher | : University of Virginia Press |
Total Pages | : 463 |
Release | : 2012 |
Genre | : Education |
ISBN | : 081393317X |
The Civil War transformed American life. Not only did thousands of men die on battlefields and millions of slaves become free; cultural institutions reshaped themselves in the context of the war and its aftermath. The first book to examine the Civil War's immediate and long-term impact on higher education, Reconstructing the Campus begins by tracing college communities' responses to the secession crisis and the outbreak of war. Students made supplies for the armies or left campus to fight. Professors joined the war effort or struggled to keep colleges open. The Union and Confederacy even took over some campuses for military use. Then moving beyond 1865, the book explores the war's long-term effects on colleges. Michael David Cohen argues that the Civil War and the political and social conditions the war created prompted major reforms, including the establishment of a new federal role in education. Reminded by the war of the importance of a well-trained military, Congress began providing resources to colleges that offered military courses and other practical curricula. Congress also, as part of a general expansion of the federal bureaucracy that accompanied the war, created the Department of Education to collect and publish data on education. For the first time, the U.S. government both influenced curricula and monitored institutions. The war posed special challenges to Southern colleges. Often bereft of students and sometimes physically damaged, they needed to rebuild. Some took the opportunity to redesign themselves into the first Southern universities. They also admitted new types of students, including the poor, women, and, sometimes, formerly enslaved blacks. Thus, while the Civil War did great harm, it also stimulated growth, helping, especially in the South, to create our modern system of higher education.
Author | : Eric Lomazoff |
Publisher | : University of Chicago Press |
Total Pages | : 264 |
Release | : 2018-11-07 |
Genre | : Political Science |
ISBN | : 022657945X |
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Author | : William van Caenegem |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Competition, Unfair |
ISBN | : 9789041128171 |
About the Author --Acknowledgements --Introduction and Background of Trade Secrets Protection --Property, Propriety and Policy --International Standards --The Common Law Approach: The English Law System --The Common Law Approach: The United States --Civilian Approaches: France --Civilian Approaches: Germany --Trade Secrets and Employees --Conclusions --Text of the Relevant German Provisions.
Author | : Joe Hoover |
Publisher | : Oxford University Press |
Total Pages | : 259 |
Release | : 2016-05-27 |
Genre | : Political Science |
ISBN | : 0191085553 |
We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.
Author | : Eric Foner |
Publisher | : W. W. Norton & Company |
Total Pages | : 228 |
Release | : 2019-09-17 |
Genre | : History |
ISBN | : 0393652580 |
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Author | : Peter W. Bardaglio |
Publisher | : Univ of North Carolina Press |
Total Pages | : 378 |
Release | : 2000-11-09 |
Genre | : History |
ISBN | : 0807860212 |
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.