Law Knowledge Culture
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Law Knowledge Culture
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Author : Jane E. Anderson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Law Knowledge Culture written by Jane E. Anderson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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.
Comparing Legal Cultures
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Author : Sören Koch
language : en
Publisher:
Release Date : 2020-08-10
Comparing Legal Cultures written by Sören Koch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-10 with categories.
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.
Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region
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Author : Christoph Antons
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region written by Christoph Antons and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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.
Handbook On Legal Cultures
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Author : Sören Koch
language : en
Publisher: Springer Nature
Release Date : 2023-05-30
Handbook On Legal Cultures written by Sören Koch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-30 with Law categories.
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.
Legal Theory And The Media Of Law
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Author : Thomas Vesting
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-02-23
Legal Theory And The Media Of Law written by Thomas Vesting and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-23 with Law categories.
As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.
Law And The Order Of Culture
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Author : Robert Post
language : en
Publisher: Univ of California Press
Release Date : 2024-03-29
Law And The Order Of Culture written by Robert Post and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-29 with categories.
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
Law Culture And Society
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Author : Professor Roger Cotterrell
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-01-28
Law Culture And Society written by Professor Roger Cotterrell and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.
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.
Who Owns Knowledge
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Author : DAVID E. PRICE
language : en
Publisher: Routledge
Release Date : 2017-10-12
Who Owns Knowledge written by DAVID E. PRICE and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with categories.
Cover -- Half Title -- Title Page -- Copyright Page. -- Table of Contents -- Preface -- Introduction: Knowledge and the Law: Can Knowledge be Made Just? -- Part 1 The Social Contexts of Knowledge and the Law -- Introduction to Part 1 -- 1. The Law and Economics of Rights in Valuable Information -- 2. Scientific Norms, Legal Facts, and the Politics of Knowledge -- 3. Is a Just System also Fair? Traversing the Domain of Knowledge, Institutions, Culture, and Ethics -- Part 2 Major Social Institutions, Knowledge and the Law -- Introduction to Part 2 -- 4. Fundamental Ignorance in the Regulation of Reactor Safety and Flooding: Risks of Knowledge Management in the Risk Society -- 5. Science in Whose Interest? States, Firms, the Public, and Scientific Knowledge -- Part 3 The Social Context of Knowledge and the Law: Who Owns Knowledge -- Introduction to Part 3 -- 6. The Difficult Reception of Rigorous Descriptive Social Science in the Law -- 7. Inexplicable Law: Legality's Adventure in Europe -- 8. In Search of the Story -- 9. Does the Category of Justice Apply to Drug Research Based on Traditional Knowledge? The Case of the Hoodia Cactus and the Politics of Biopiracy -- 10. Profiles and Correlatable Humans -- 11. Research Ethics as the Latest Moral Panic in the Governance of Scientific Knowledge -- 12. Concluding Observations -- Contributors -- Index
Cultural Rights In International Law And Discourse
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Author : Stephenson Chow
language : en
Publisher: BRILL
Release Date : 2018-02-01
Cultural Rights In International Law And Discourse written by Stephenson Chow and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-01 with Law categories.
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.
Culture And International Economic Law
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Author : Valentina Vadi
language : en
Publisher: Routledge
Release Date : 2015-02-11
Culture And International Economic Law written by Valentina Vadi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.
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.