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Full-Text Articles in Law
The Aesthetics Of Copyright Adjudication, Glen Cheng
The Aesthetics Of Copyright Adjudication, Glen Cheng
Glen Cheng
The American legal system is unable to continue avoiding the question of art versus non-art. In particular, questions of copyrightability often hinge on art-status. Yet art is a constantly evolving, reflexive field in which artists and philosophers continually challenge the status quo. Judges would benefit from analyzing claims to art-status under the objectivity provided by well-developed aesthetic theories, aided by expert testimony when needed. After reviewing several major philosophies of art, this article proposes a framework for adjudicating art-status based on an aesthetic theory known as the Historical Definition of Art. Furthermore, to balance copyright law's purpose of protecting innovation …
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Sefik Tatlic
Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.
The Organismic State Against Itself: Schelling, Hegel And The Life Of Right, Joshua D. Lambier
The Organismic State Against Itself: Schelling, Hegel And The Life Of Right, Joshua D. Lambier
Joshua D Lambier
Focusing on the political thought of Schelling and Hegel – beginning with the early texts (1796–1802), then moving briefly to Hegel’s well known Philosophy of Right (1821) – this essay revisits the Romantic-Idealist theory of the organic state by returning to its genesis in the turbulent political, cultural and scientific debates of the post-Revolutionary period. Given the controversial nature of its historical (mis)appropriations, the organic idea of the state has become synonymous with totality and closure. This essay argues, however, that the contemporary rejection of organicism relies on narrow interpretations of Romantic and Idealist notions of organic life, interpretations that …