Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Authorship (1)
- Copyright (1)
- Creativity (1)
- DOMA (1)
- Defense of Marriage Act (1)
-
- Elias (1)
- Expression (1)
- Federalism (1)
- Foucault (1)
- Intellectual Property (1)
- Interstate (1)
- Iraq (1)
- Iraqi Constitution (1)
- Islam (1)
- Islamic Law (1)
- Knowledge (1)
- Learning (1)
- Marriage (1)
- Parent-child relationship (1)
- Parentage (1)
- Paternity (1)
- Presumption (1)
- Recognition (1)
- Repugnancy (1)
- Same-sex (1)
- Shari'a (1)
- Space (1)
- Subjectivity (1)
- Time (1)
Articles 1 - 4 of 4
Full-Text Articles in Arts and Humanities
Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan
Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan
Articles
The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Articles
The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue …
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman
Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman
Articles
In enacting the Defense of Marriage Act, Congress chose to protect heterosexual marriage because of its “deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.” Ironically, DOMA may harm, rather than protect, the interests of some children – i.e., the children of gay and lesbian couples.
Both state and federal law reflect the belief that children are better off being raised by two parents in an intact family. This belief is reflected in the marital presumption of paternity, which presumes that a married woman’s …