It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them? While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above? Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania? Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
How to provide appropriate feedback to students on their writing has long been an area of significance to teachers & educators. This text provides scholarly articles on the topic which explore topics such as the socio-cultural assumptions that participants bring to the writing class; feedback delivery & negotiation systems; & more.
Around the world, intensifying development and human demands for fresh water are placing unsustainable pressures on finite resources. Countries are waging war over transboundary rivers, and rural and urban communities are increasingly divided as irrigation demands compete with domestic desires. Marginal groups are losing access to water as powerful elites protect their own interests, and entire ecosystems are being severely degraded. These problems are particularly evident in Australia, with its industrialised economy and arid climate. Yet there have been relatively few attempts to examine the social and cultural complexities that underlie people's engagements with water. Based on long-term ethnographic fieldwork in two major Australian river catchments (the Mitchell River in Cape York, and the Brisbane River in southeast Queensland), this book examines their major water using and managing groups: indigenous communities, farmers, industries, recreational and domestic water users, and environmental organisations. It explores the issues that shape their different beliefs, values and practices in relation to water, and considers the specifically cultural or sub-cultural meanings that they encode in their material surroundings. Through an analysis of each group's diverse efforts to 'garden the world', it provides insights into the complexities of human-environmental relationships.
This volume contains the major result of the work undertaken by the international research group "Transfer of Movables" which belonged to the Study Group on a European Civil Code. It covers the most important aspects of the law of property in movables, such as the transfer of ownership based on the transferor's right and the good faith acquisition of ownership. The suggested black letter provisions are accompanied by extensive explanatory comments and comparative notes providing information on the existing rules of the EU Member States. As compared to Book VIII of the DCFR, this volume contains additional and partly revised national notes, extended comments, translations of the black letter rules and adapted registers. The "Principles of European Law" are published in co-operation with Oxford University Press and Staempfli (Switzerland).
This book explores the meaning of local ownership in peacebuilding and examines the ways in which it has been, and could be, operationalized in post-conflict environments. In the context of post-conflict peacebuilding, the idea of local ownership is based upon the premise that no peace process is sustainable in the absence of a meaningful degree of local involvement. Despite growing recognition of the importance of local ownership, however, relatively little attention has been paid to specifying what precisely the concept means or how it might be implemented. This volume contributes to the ongoing debate on the future of liberal peacebuilding through a critical investigation of the notion of local ownership, and challenges conventional assumptions about who the relevant locals are and what they are expected to own. Drawing on case studies from Bosnia, Afghanistan and Haiti, the text argues that local ownership can only be fostered through a long-term consensus-building process, which involves all levels of the conflict-affected society. This book will be of great interest to students of peacebuilding, peace and conflict studies, development studies, security studies and IR.
The 2008 financial crisis led the whole world to ask questions of the financial industry. Why are wages in the financial industry so high? Are bonuses responsible for the financial crisis? Where do bonuses come from? Politicians and others urged people to believe that the crisis was the price of Wall Street’s greed and blamed the "bonus culture" prevalent in the financial industry. However, despite widespread condemnation and the threat of tighter regulation, bonuses in the industry have proven remarkably resilient. Wages, Bonuses and Appropriation of Profit in the Financial Industry provides an in-depth inquiry into the bonus system. Drawing on examples from France, the City and Wall Street, it explains how and why workers in the financial industry can receive such large bonuses. The book examines issues around incentives, morality and wealth-sharing among employees, including the rise of "the working rich" – those who have benefited the most from the high wages and large bonuses on offer to some employees. These people have achieved wealth through their work thanks to new forms of exploitation in our ever-more dematerialised economy. This book shows how the most mobile employees holding the most mobile assets can exploit the most immobile stakeholders. In a world where inequalities are rising sharply, this book is therefore an important study of one of the key contemporary issues. It will be of vital interest to those studying finance, banking or political economy.
This collection of essays illustrates the importance of the institutional setting in determining economic activity. The first of the two sets of essays examines the allocation of resources among productive and appropriative activities in an anarchical political environment, without legal or constitutional tradition. Their objective is to understand different facets of the emergence of order and restraint on individual behavior out of conditions with few or no assumed constraints. The second set focuses on different types of political institutions, illustrating how they shape conflict and economic activity and how they themselves can be shaped by conflict.
The field of literary studies has long recognised the centrality of psychoanalysis as a method for looking at texts in a new way. But rarely has the relationship between psychoanalysis and performance been mapped out, either in terms of analysing the nature of performance itself, or in terms of making sense of specific performance-related activities. In this volume some of the most distinguished thinkers in the field make this exciting new connection and offer original perspectives on a wide variety of topics, including: · hypnotism and hysteria · ventriloquism and the body · dance and sublimation · the unconscious and the rehearsal process · melancholia and the uncanny · cloning and theatrical mimesis · censorship and activist performance · theatre and social memory. The arguments advanced here are based on the dual principle that psychoanalysis can provide a productive framework for understanding the work of performance, and that performance itself can help to investigate the problematic of identity.
The present volume in the series focuses on homes, residences, and dwellings. Although many fields have had a long-standing interest in different aspects of home environments, the topic has recently come to the forefront in the interdisciplinary environment and behavior field. Researchers and theorists from many disciplines have begun to meet regularly, share ideas and perspectives, and move the investigation of psychological, social, and behavioral aspects of home environments to the central arena of environment and behavior studies. This volume representative-though not comprehensive attempts to provide a sampling of contemporary perspectives on the study of home environments. As in previous volumes, the authors are drawn from a variety of disciplines, including environmental design fields of architecture and planning, and from the social science fields of psychology, sociology, anthropology, and history. This diversity of authors and perspectives makes salient the principle that the study of homes in relation to behav ior requires the contributions of many disciplines. Moreover, the chap ters in this volume reflect an array of research and theoretical view points, different scales of home environments (e.g., objects and areas, the home as a whole, the home as embedded in neighborhood and communities, etc.), design and policy issues, and, necessarily, a com parative and cross-cultural perspective. Home environments are at the core of human life in most cultures, and it is hoped that the contributions to this volume display the excite ment, potential, and importance of research and theory on homes.
Difference, Representation, and Appropriation in Music
Author: Georgina Born,David Hesmondhalgh
Publisher: Univ of California Press
"[Western Music and Its Others] will be taken as an important book signalling a new turn within the field. It takes the best features of traditional, rigorous scholarship and brings these to bear upon contemporary, more speculative questions. The level of theoretical sophistication is high. The studies within it are polemical and timely and of lasting scholarly value."--Will Straw, co-editor of Theory Rules: Art as Theory/ Theory and Art "The great value of this collection lies in the wealth of questions that it raises--questions that together crystallize the recent concerns of musicology with force and clarity. But it also lies in the authors' resistance to the easy 'postmodernist' answers that threaten to turn new musicology prematurely grey. The editors' comprehensive, intellectually adventurous introduction exemplifies the sort of eager yet properly skeptical receptivity to scholarly innovation that fosters lasting disciplinary reform. It alone is worth the price of the book." --Richard Taruskin, author of Stravinsky and the Russian Traditions: A Biography of the Works Through " Mavra" "When cultural-studies methods first appeared in musicology 15 years ago, they triggered a storm of polemics that sometimes overshadowed the important issues being raised. As the canon wars recede, however, scholars are finding it possible to focus on the concerns that led them to cultural criticism in the first place: the study of music and its political meanings. Western Music and Its Others brings together leading musicologists, ethnomusicologists, and specialists in film and popular music to explore the ways European and North American musicians have drawn on or identified themselves in tension with the musical practices of Others. In a series of essays ranging from examination of the Orientalist tropes of early 20th-century Modernists to the tangled claims for ownership in today's World Music, the authors in this collection greatly advance both our knowledge of specific case studies and our intellectual awareness of the complexity and urgency of these problems. A timely intervention that should help push music studies to the next level." --Susan McClary, author of Conventional Wisdom: The Content of Musical Form (2000) "This collection provides a sophisticated model for using theory to interrogate music and music to interrogate theory. The essays both take up and challenge the dominance of notions of representation in cultural theory as they explore the relevance of the concepts of hybridity and otherness for contemporary art music. Sophisticated theory, erudite scholarship and a very real appreciation for the specificities of music make this a powerful and important addition to our understanding of both culture and music." --Lawrence Grossberg, author of Dancing in Spite of Myself
On Peripheral Perspectives and the Production of Anthropological Knowledge
Author: Cris Shore,Susanna Trnka
Publisher: Berghahn Books
Category: Social Science
Combining rich personal accounts from twelve veteran anthropologists with reflexive analyses of the state of anthropology today, this book is a treatise on theory and method offering fresh insights into the production of anthropological knowledge, from the creation of key concepts to major paradigm shifts. Particular focus is given to how 'peripheral perspectives' can help re-shape the discipline and the ways that anthropologists think about contemporary culture and society. From urban Maori communities in Aotearoa/New Zealand to the Highlands of Papua New Guinea, from Arnhem Land in Australia to the villages of Yorkshire, these accounts take us to the heart of the anthropological endeavour, decentring mainstream perspectives, and revealing the intimate relationships and processes that create anthropological knowledge.
What is Anthropology? Why should you study it? What will you learn? And what can you do with it? What Anthropologists Do answers all these questions. And more. Anthropology is an astonishingly diverse and engaged subject that seeks to understand human social behaviour. What Anthropologists Do presents a lively introduction to the ways in which anthropologys unique research methods and cutting-edge thinking contribute to a very wide range of fields: environmental issues, aid and development, advocacy, human rights, social policy, the creative arts, museums, health, education, crime, communications technology, design, marketing, and business. In short, a training in Anthropology provides highly transferable skills of investigation and analysis. The book will be ideal for any readers who want to know what Anthropology is all about and especially for students coming to the study of Anthropology for the first time.
In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism.
Mediated Discourse: The Nexus of Practice sets out a discursive theory of human action. Language and action are intimately related. The difficult question to answer is how they are related. Mediated Discourse Theory looks into social relationships to see how the use of language is both a form of action in itself and is also indirectly related to all other forms of human action. Through the empirical study of a one year old child learning to exchange objects with caregivers, Scollon challenges the commonly held claim that all practices are represented in discourse and that all discourse has the function of structuring practice. Calling upon work in interactional sociolinguistics, critical discourse analysis, anthropological linguistics, sociocultural psychology, and intercultural communication, the Mediated Discourse Theory set out in this book resolves current problematic issues such as how practices are learned across the boundaries of groups and how individuals come to be socialized as social actors.
Yogesh K. Dwivedi,Michael R. Wade,Scott L. Schneberger
Author: Yogesh K. Dwivedi,Michael R. Wade,Scott L. Schneberger
Publisher: Springer Science & Business Media
Category: Business & Economics
The overall mission of this book is to provide a comprehensive understanding and coverage of the various theories and models used in IS research. Specifically, it aims to focus on the following key objectives: To describe the various theories and models applicable to studying IS/IT management issues. To outline and describe, for each of the various theories and models, independent and dependent constructs, reference discipline/originating area, originating author(s), seminal articles, level of analysis (i.e. firm, individual, industry) and links with other theories. To provide a critical review/meta-analysis of IS/IT management articles that have used a particular theory/model. To discuss how a theory can be used to better understand how information systems can be effectively deployed in today’s digital world. This book contributes to our understanding of a number of theories and models. The theoretical contribution of this book is that it analyzes and synthesizes the relevant literature in order to enhance knowledge of IS theories and models from various perspectives. To cater to the information needs of a diverse spectrum of readers, this book is structured into two volumes, with each volume further broken down into two sections. The first section of Volume 1 presents detailed descriptions of a set of theories centered around the IS lifecycle, including the Success Model, Technology Acceptance Model, User Resistance Theories, and four others. The second section of Volume 1 contains strategic and economic theories, including a Resource-Based View, Theory of Slack Resources, Portfolio Theory, Discrepancy Theory Models, and eleven others. The first section of Volume 2 concerns socio-psychological theories. These include Personal Construct Theory, Psychological Ownership, Transactive Memory, Language-Action Approach, and nine others. The second section of Volume 2 deals with methodological theories, including Critical Realism, Grounded Theory, Narrative Inquiry, Work System Method, and four others. Together, these theories provide a rich tapestry of knowledge around the use of theory in IS research. Since most of these theories are from contributing disciplines, they provide a window into the world of external thought leadership.
Dynamic Fair Dealing argues that only a dynamic, flexible, and equitable approach to cultural ownership can accommodate the astonishing range of ways that we create, circulate, manage, attribute, and make use of digital cultural objects. The Canadian legal tradition strives to balance the rights of copyright holders with public needs to engage with copyright protected material, but there is now a substantial gap between what people actually do with cultural forms and how the law understands those practices. Digital technologies continue to shape new forms of cultural production, circulation, and distribution that challenge both the practicality and the desirability of Canada's fair dealing provisions. Dynamic Fair Dealing presents a range of insightful and provocative essays that rethink our relationship to Canadian fair dealing policy. With contributions from scholars, activists, and artists from across disciplines, professions, and creative practices, this book explores the extent to which copyright has expanded into every facet of society and reveals how our capacities to actually deal fairly with cultural goods has suffered in the process. In order to drive conversations about the cultural worlds Canadians imagine, and the policy reforms we need to realize these visions, we need Dynamic Fair Dealing.