Download or read book Schranken der Kunstfreiheit als verfassungsrechtliches Problem written by Wolfgang Knies and published by . This book was released on 1967 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Der Schutz des Urhebers durch die Kunstfreiheit written by Katja Dahm and published by Mohr Siebeck. This book was released on 2012 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: In constitutional law, copyright is generally found alongside the guarantee of property and the general right of personality, whereas the freedom of the arts is mostly ignored. Katja Dahm studies the significance of this constitutional right for the protection of authors and advocates that copyright be aligned more closely with the requirements imposed by the freedom of the arts. German description: Verfassungsrechtlich wird das Urheberrecht gemeinhin bei der Eigentumsgarantie und dem allgemeinen Personlichkeitsrecht verortet. Das Grundrecht der Kunstfreiheit findet in der urheberrechtlichen Diskussion dagegen kaum Beachtung. Katja Dahm setzt sich ausfuhrlich mit der Rechtsprechung des Bundesverfassungsgerichts zum Urheberrecht und dessen vorkonstitutioneller Pragung auseinander. Sie untersucht die Bedeutung der Kunstfreiheit fur den Schutz des Urhebers und pladiert fur eine starkere Orientierung des Urheberrechts an den Anforderungen der Kunstfreiheit, die im Ergebnis zu einer Beschrankung des urheberrechtlichen Anwendungsbereichs fuhrt. Der Ausrichtung des Urheberrechts an den grundrechtlichen Anforderungen sind gleichwohl Grenzen gesetzt, die sich insbesondere aus den systematischen und konzeptionellen Unterschieden zwischen verfassungsrechtlichem Kunstbegriff und urheberrechtlichem Werkbegriff ergeben.
Download or read book Aesthetics of Law written by Kamil Zeidler and published by Springer Nature. This book was released on with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Literary Trials written by Ralf Gr�ttemeier and published by Bloomsbury Publishing USA. This book was released on 2017-07-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the 19th century onwards, famous literary trials have caught the attention of readers, academics and the public at large. Indeed it is striking that more often than not, it was the texts of renowned writers that were dealt with by the courts, as for example Gustave Flaubert's Madame Bovary and Charles Baudelaire's Les Fleurs du Mal in France, James Joyce's Ulysses and Henry Miller's Tropic of Cancer in the US, D.H. Lawrence's Lady Chatterley's Lover in Great-Britain, up to the more recent trials on Klaus Mann's Mephisto and Maxim Biller's novel Esra in Germany. By bringing together international leading experts, Literary Trials represents the first step towards a systematic discussion of literary trials on a global scale. Beginning by first reassessing some of the most famous of these trials, it also analyses less well-known but significant literary trials. Special attention is paid to recent developments in the relationship between literature and judicature, pointing towards an increasing role for libel and defamation in the societal demarcation of what literature is, and is not, allowed to do.
Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Download or read book The Courtroom as a Space of Resistance written by Awol Allo and published by Routledge. This book was released on 2016-03-09 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.
Download or read book Transformation des Rechts in Ost und West written by Dirk Fischer and published by BWV Verlag. This book was released on 2006-01-01 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Precarious Alliances written by Martin Butler and published by transcript Verlag. This book was released on 2016-02-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from an analysis of practices of participation in contemporary print and other media, the volume opens up a historical perspective, probing the potential of the concept of participatory cultures for the exploration of past forms of collaboration between individual and collective actors (i.e. authors, editors, publishers, fans, critics etc.). In doing so, the volume sheds new light on the historically, culturally, and medially specific forms and functions as well as on the economic, political and institutional parameters that contributed to the emergence and transformation of what turn out to be precarious alliances.
Download or read book Literature and the Law in South Africa 1910 2010 written by Ted Laros and published by Rowman & Littlefield. This book was released on 2017-12-29 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation’s transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation’s emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910–2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.
Download or read book Decisions of the Bundesverfassungsgericht Federal Constitutional Court Federal Republic of Germany written by Germany. Bundesverfassungsgericht and published by . This book was released on 1998 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Law and Society written by and published by . This book was released on 1968 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Autonomy of Literature at the Fins de Si cles 1900 and 2000 written by G. J. Dorleijn and published by . This book was released on 2007 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The autonomy of the arts and literature is a central issue in the current debate on the 'crisis' in contemporary culture. In this debate, the tension between two conceptions of art - conceived as autotelic, or as serving social, ethical, ideological or commercial ends - plays a key role. For literature, two periods are particularly interesting in this respect: the period around 1900, and the turn of the millennium. The former is considered to witness the consecration of the autonomy of the arts with respect to morality or social utility, and of its prestige as 'high art', against the background of compelling countermovements, such as the Arts and crafts movements or socialist art. The second period, on the other hand, has been analysed as displaying, in post-modern Western cultures, an opposite tendency towards deautonomization. 'High' literature and art are deemed to have lost their ideological and moral autonomy, their aesthetic superiority, and their independence with respect to commercial interests. The essays in this volume investigate these often strategic claims and conceptions, taking into account the social, political and institutional contexts in which they are articulated. To analyse the issue of the autonomy of literature offers incisive insights into conflicting standpoints about the function of literature in society, revealing its connection to law, social responsibility, gender, and political, national and religious identities. Combining in an often innovative way institutional, historical and hermeneutical approaches, the collected essays intend to shed new light on the historical and national specifics of the debate about the function of literature.
Download or read book Rights Institutions and Impact of International Law According to the German Basic Law written by International Association of Constitutional Law. World Congress and published by . This book was released on 1987 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hastings International and Comparative Law Review written by and published by . This book was released on 1982 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annual Legal Bibliography written by Harvard Law School. Library and published by . This book was released on 1969 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1970 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kultur als eine Dimension der V lkerrechtsordnung written by Martin Philipp Wyss and published by . This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
