René Sand (1877-1953) and His Contribution to International Social Work, IASSW-President 1946 – 1953

The extraordinary significance of the life and work of René Sand lies in his central position as a mediator, promoter and coordinator of social work on an increasingly international level during the interwar-period and it can hardly be overestimated. To approach the achievements of Sand’s life and work you have to work archaeologically as he does not seem to have left any traces in the literature on social history. In Germany, even within the field of social work his name is hardly known. His biographical sketch and his importance for the development of the profession of social work have fallen into oblivion. The situation is a little different in the French-speaking countries where a biography has been published (compare Anciaux 1988a, b, c) which contains a detailed record of Sand’s writings. Altogether this lack of interest is regrettable because it doesn’t consider that René Sand is exemplary and in some parts fundamental to the emergence of professional social work in the 1920s in Belgium and Europe. Professional social work was established by a consequent international orientation and an emancipation from neighbouring fields such as social medicine and hygiene. Therefore it is a rewarding task to draw attention to this pioneer of social work and make the public appreciate his work. I want to emphasize explicitly that in this portrait Sand’s achievements concerning social work will be the main focus, even if this is an inevitable reduction of his accomplishments in the field of medicine and social medicine.

Dame Eileen Younghusband (Jan. 1902 - May 1981)

Dame Eileen Younghusband died in a car accident on a lecture tour in the in the USA at a point when preparations had commenced for her 80th Birthday celebrations. Her working life had spanned a significant era in the history of the development of social work and education for the profession in the UK and more widely; and she herself had made a major contribution to these developments. She differs from earlier pioneering figures presented in these historical portraits in representing 'the next generation' of significant women in the history of social work. Nevertheless, she was a pioneer in the sense of initiating radical changes as described later in this portrait.

Dame Eileen Younghusband (United Kingdom), President 1961-1968

Dame Eileen Younghusband died in a car accident on a lecture tour in the in the USA at a point when preparations had commenced for her 80th Birthday celebrations. Her working life had spanned a significant era in the history of the development of social work and education for the profession in the UK and more widely; and she herself had made a major contribution to these developments. She differs from earlier pioneering figures presented in these historical portraits in representing ‘the next generation’ of significant women in the history of social work. Nevertheless, she was a pioneer in the sense of initiating radical changes as described later in this portrait.

Dame Eileen Younghusband (United Kingdom), President 1961-1968

Dame Eileen Younghusband died in a car accident on a lecture tour in the in the USA at a point when preparations had commenced for her 80th Birthday celebrations. Her working life had spanned a significant era in the history of the development of social work and education for the profession in the UK and more widely; and she herself had made a major contribution to these developments. She differs from earlier pioneering figures presented in these historical portraits in representing ‘the next generation’ of significant women in the history of social work. Nevertheless, she was a pioneer in the sense of initiating radical changes as described later in this portrait.

Walter Friedländer (1891-1984) – Between Social Democracy and Social Darwinism

If the profession of social work is to have a future we must know where it came from, and the series of portraits of our pioneers is one of the paths into the origins of that profession. I feel grateful to the publishers for this online-journal and also honoured to be asked to continue the series on pioneers in social work. I gladly comply because, in connection with my research on Alice Salomon and other social workers who were expelled from Germany and other Nazi-occupied territories (Wieler1989 and 1995) I had the pleasure and privilege of meeting and interviewing Walter Friedländer shortly before he passed away. It is years ago that I visited him in his home among stacks of books and piles of papers. My memories are vivid. I still see his sparkling eyes and hear his soft voice with a very heavy German accent. I was most impressed by his memory of historical events and people which, it seemed, only a large hard-drive could retain these days. Now, I wish I had asked more questions but instead, we will have to rely largely on primary and secondary literature and box upon box of archival materials. I draw heavily on the comprehensive German and Jewish Intellectual Emigré Collection (http://library.albany.edu/speccoll/findaids/ger003.htm) which consists of nearly 50 cubic feet and another collection of the German Central Institute („Deutsches Zentralinstitut für Soziale Fragen-DZI“) in Berlin (www.dzi.de). Some of the more current archival materials were lost in a flood, and much of Friedländer’s early memorabilia up to 1933 was lost in Germany. There are also internet resources with widely differing information. I hope that I will not have overlooked too much in order to do justice to this remarkable pioneer and colleague. In order to appreciate and pay tribute to Walter Friedländer and his contributions we will have to reconsider the historical and international context of more than the 93 years of his life span: the German Monarchy, the Weimar Republic, Nazi-Fascism, Swiss, French and American exile and numerous visits to other countries.

Digital First Sale Doctrine Ante Portas – Exhaustion in the Online Environment

The purpose of the article is to provide first a doctrinal summary of the concept, rules and policy of exhaustion, first, on the international and EU level, and, later, under the law of the United States. Based upon this introduction, the paper turns to the analysis of the doctrine by the pioneer court decisions handed over in the UsedSoft, ReDigi, the German e-book/audio book cases, and the pending Tom Kabinet case from the Netherlands. Questions related to the licence versus sale dichotomy; the so-called umbrella solution; the “new copy theory”, migration of digital copies via the internet; the forward-and-delete technology; the issue of lex specialis and the theory of functional equivalence are covered later on. The author of the present article stresses that the answers given by the respective judges of the referred cases are not the final stop in the discussion. The UsedSoft preliminary ruling and the subsequent German domestic decisions highlight a special treatment for computer programs. On the other hand, the refusal of digital exhaustion in the ReDigi and the audio book/e-book cases might be in accordance with the present wording of copyright law; however, they do not necessarily reflect the proper trends of our ages. The paper takes the position that the need for digital exhaustion is constantly growing in society and amongst businesses. Indeed, there are reasonable arguments in favour of equalizing the resale of works sold in tangible and intangible format. Consequently, the paper urges the reconsideration of the norms on exhaustion on the international and EU level.