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Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Meghan M. Lydon Ms.
Though there has been much academic treatment of the author’s role in copyright law, few academic articles have been published about the reader’s role. Of those articles, only one has examined copyright law through the lens of reader response theory. In her article “Everything is Transformative: Fair Use and Reader Response,” 31 Colum. J.L. & Arts 445, Laura Heyman relied on English professor Stanley Fish’s famous reader response theory to argue that all works are transformative because readers naturally interpret texts from their own perspectives and that copyright law’s transformative use test should measure the use that a community of …
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
David Pimentel
Constitution-making in developing and post-conflict countries is a growth industry throughout the world. A country needing a new constitution will necessarily feel pressure to adopt, to "import," constitutional texts and principles from other, perhaps more developed nations, knowing that (1) such concepts have been tried and proven in other successful nations, and (2) they meet internationally-recognized minimum standards. A constitution, however, is, and must be, both a product of and a reaction to the society’s culture, and that includes its legal tradition, its history, and its ideology. Unless constitutions are drafted in cultural context, the best intentions are likely to …