Is a General Theory of Socially Disapproved Violence Possible (or Necessary)?

A model of theoretical science is set forth to guide the formulation of general theories around abstract concepts and processes. Such theories permit explanatory application to many phenomena that are not ostensibly alike, and in so doing encompass socially disapproved violence, making special theories of violence unnecessary. Though none is completely adequate for the explanatory job, at least seven examples of general theories that help account for deviance make up the contemporary theoretical repertoire. From them, we can identify abstractions built around features of offenses, aspects of individuals, the nature of social relationships, and different social processes. Although further development of general theories may be hampered by potential indeterminacy of the subject matter and by the possibility of human agency, maneuvers to deal with such obstacles are available.

Copyright, Interfaces, and a Possible Atlantic Divide

Recent copyright cases on both sides of the Atlantic focused on important interoperability issues. While the decision by the Court of Justice of the European Union in SAS Institute, Inc.v. World Programming Ltd. assessed data formats under the EU Software Directive, the ruling by the Northern District of California Court in Oracle America, Inc. v. Google Inc. dealt with application programming interfaces. The European decision is rightly celebrated as a further important step in the promotion of interoperability in the EU. This article argues that, despite appreciable signs of convergence across the Atlantic, the assessment of application programming interfaces under EU law could still turn out to be quite different, and arguably much less pro-interoperability, than under U.S. law.