Law Knowledge Culture

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Law, Knowledge, Culture

Author : Jane E. Anderson
Publisher : Edward Elgar Publishing
Page : 269 pages
File Size : 48,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447196

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Law, Knowledge, Culture by Jane E. Anderson Pdf

Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.

The Laws of Cool

Author : Alan Liu
Publisher : University of Chicago Press
Page : 552 pages
File Size : 53,8 Mb
Release : 2009-10-27
Category : Science
ISBN : 9780226487007

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The Laws of Cool by Alan Liu Pdf

Knowledge work is now the reigning business paradigm and affects even the world of higher education. But what perspective can the knowledge of the humanities and arts contribute to a world of knowledge work whose primary mission is business? And what is the role of information technology as both the servant of the knowledge economy and the medium of a new technological cool? In The Laws of Cool, Alan Liu reflects on these questions as he considers the emergence of new information technologies and their profound influence on the forms and practices of knowledge.

Handbook on Legal Cultures

Author : Sören Koch,Marius Mikkel Kjølstad
Publisher : Springer Nature
Page : 1171 pages
File Size : 50,7 Mb
Release : 2023-05-30
Category : Law
ISBN : 9783031277450

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Handbook on Legal Cultures by Sören Koch,Marius Mikkel Kjølstad Pdf

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Comparing Legal Cultures

Author : Sören Koch,Jorgen Oyrehagen Sunde
Publisher : Unknown
Page : 804 pages
File Size : 54,5 Mb
Release : 2020-08-10
Category : Electronic
ISBN : 8245033944

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Comparing Legal Cultures by Sören Koch,Jorgen Oyrehagen Sunde Pdf

In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.

Culture and International Economic Law

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 307 pages
File Size : 48,7 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910756

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 126 pages
File Size : 53,7 Mb
Release : 2010
Category : Law
ISBN : 9789280520163

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Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by World Intellectual Property Organization Pdf

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

Culture in the Domains of Law

Author : René Provost
Publisher : Cambridge University Press
Page : 457 pages
File Size : 55,8 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107163331

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Culture in the Domains of Law by René Provost Pdf

This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

Law, Culture and Society

Author : Professor Roger Cotterrell
Publisher : Ashgate Publishing, Ltd.
Page : 214 pages
File Size : 53,6 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781409493105

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Law, Culture and Society by Professor Roger Cotterrell Pdf

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Law In and As Culture

Author : Caroline Joan "Kay" S. Picart
Publisher : Rowman & Littlefield
Page : 214 pages
File Size : 40,8 Mb
Release : 2016-03-04
Category : Law
ISBN : 9781611477221

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Law In and As Culture by Caroline Joan "Kay" S. Picart Pdf

There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 49,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127211

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Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region by Christoph Antons Pdf

Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Law and the Order of Culture

Author : Robert Post
Publisher : Univ of California Press
Page : 443 pages
File Size : 54,6 Mb
Release : 2024-03-29
Category : Electronic
ISBN : 9780520314542

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Law and the Order of Culture by Robert Post Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived

Cultural Rights in International Law and Discourse

Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 44,8 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587

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Cultural Rights in International Law and Discourse by Stephenson Chow Pdf

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Cultural Expertise, Law, and Rights

Author : Livia Holden
Publisher : Taylor & Francis
Page : 379 pages
File Size : 55,6 Mb
Release : 2023-05-19
Category : Law
ISBN : 9781000884630

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Cultural Expertise, Law, and Rights by Livia Holden Pdf

Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Effective Knowledge Management for Law Firms

Author : Matthew Parsons
Publisher : Oxford University Press
Page : 264 pages
File Size : 55,7 Mb
Release : 2004-07-01
Category : Law
ISBN : 9780199883516

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Effective Knowledge Management for Law Firms by Matthew Parsons Pdf

While there is significant interest in knowledge management as it applies to legal environments, there are very few books specifically focused on this topic. In Effective Knowledge Management For Law Firms, Matthew Parsons expertly fills this gap by drawing on his work with a leading commercial law firm, Mallesons Stephen Jaques. He examines how law firms can implement a knowledge strategy to support their business strategy, rather than getting beguiled by fads and technology. Parsons first outlines the terrain, including what knowledge management means, the business and economics of law firms, and how lawyers work as knowledge workers. He then introduces a methodology for creating and implementing law firm knowledge strategy, which combines for the first time the interrelated aspects of recruiting, training, research, document production, information management, and digital knowledge strategy. Parsons goes beyond theories to provide detailed, practical help for the analysis, implementation, and measurement of performance-increasing initiatives. This book will be an invaluable resource for all those involved with the management and leadership of law firms and knowledge management initiatives.

Intangible Cultural Heritage in International Law

Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 295 pages
File Size : 54,8 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780199679508

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Intangible Cultural Heritage in International Law by Lucas Lixinski Pdf

Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.