The Postmodern ‘Turn’ in Social Work: The Challenges of Identity and Equality

Diversity and demands for equality have challenged fixed notions of identity amongst the diverse populations of Europe. This development has prompted discourses about the significance of fluidity and multiplicity in identities that have given prominence to postmodern theories in the profession of social work. A number of social work educators have contributed to the ensuing debates. Walter Lorenz’s work has contributed substantially to developments on this front by:highlighting the dangers of essentialising fixed identities in professional practice, referring to the failure of social workers to live up to professional values and ideals in the Nazi attack on Jews and others who were different from the Aryan norms that Hitler’s regime sought to impose; arguing for racial equality in multicultural Europe; and ensuring that social work theories and practice engaged with innovations in the social sciences more generally to improve the profession’s research, theoretical and practice bases. In this article, I engage with crucial debates that have shaped the profession during the post-war period, honouring Walter Lorenz’s contributions to them in the process.

GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.