907 resultados para Law and Popular Culture


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During the sixteenth and seventeenth centuries, the excise taxes (Ungeld) paid by town residents on the consumption of beer, wine, mead and brandy represented the single most important source of civic revenue for many German cities. In a crisis, these taxes could spike to 70–80% of civic income. This paper examines civic budgets and ‘behind-the-scenes’ deliberations in a sample of towns in southern Germany in order to illuminate how decisions affecting consumer taxes were made. Even during the sobriety movements of the Reformation and post-Reformation period, tax income from drinkers remained attractive to city leaders because the bulk of the excise tax burden could easily be shifted away from privileged members of society and placed on the population at large. At the same time, governments had to maintain a careful balance between what they needed in order to govern and what the consumer market could bear, for high taxes on drinks were also targeted in many popular revolts. This led to nimble politicking by those responsible for tax decisions. Drink taxes were introduced, raised, lowered and otherwise manipulated based not only on shifting fashions and tastes but also on the degree of economic stress faced by the community. Where civic rulers were successful in striking the right balance, the rewards were considerable. The income from drink sales was a major factor in how the cities of the Empire survived the wars and other crises of the early modern period without going into so much debt that they lost their independence.

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Design rights represent an interesting example of how the EU legislature has successfully regulated an otherwise heterogeneous field of law. Yet this type of protection is not for all. The tools created by EU intervention have been drafted paying much more attention to the industry sector rather than to designers themselves. In particular, modern, digitally based, individual or small-sized, 3D printing, open designers and their needs are largely neglected by such legislation. There is obviously nothing wrong in drafting legal tools around the needs of an industrial sector with an important role in the EU economy, on the contrary, this is a legitimate and good decision of industrial policy. However, good legislation should be fair, balanced, and (technologically) neutral in order to offer suitable solutions to all the players in the market, and all the citizens in the society, without discriminating the smallest or the newest: the cost would be to stifle innovation. The use of printing machinery to manufacture physical objects created digitally thanks to computer programs such as Computer-Aided Design (CAD) software has been in place for quite a few years, and it is actually the standard in many industrial fields, from aeronautics to home furniture. The change in recent years that has the potential to be a paradigm-shifting factor is a combination between the opularization of such technologies (price, size, usability, quality) and the diffusion of a culture based on access to and reuse of knowledge. We will call this blend Open Design. It is probably still too early, however, to say whether 3D printing will be used in the future to refer to a major event in human history, or instead will be relegated to a lonely Wikipedia entry similarly to ³Betamax² (copyright scholars are familiar with it for other reasons). It is not too early, however, to develop a legal analysis that will hopefully contribute to clarifying the major issues found in current EU design law structure, why many modern open designers will probably find better protection in copyright, and whether they can successfully rely on open licenses to achieve their goals. With regard to the latter point, we will use Creative Commons (CC) licenses to test our hypothesis due to their unique characteristic to be modular, i.e. to have different license elements (clauses) that licensors can choose in order to adapt the license to their own needs.”

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The chapter is an enquiry of the possibly failing or changed rationales of cultural protectionism in the digital age. It seeks to identify the adjustments needed, so that cultural policy could still serve its benevolent goals and effectively contribute to sustaining a cultural environment that is diverse and vibrant.

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Digital technologies and the Internet in particular have transformed the ways we create, distribute, use, reuse and consume cultural content; have impacted on the workings of the cultural industries, and more generally on the processes of making, experiencing and remembering culture in local and global spaces. Yet, few of these, often profound, transformations have found reflection in law and institutional design. Cultural policy toolkits, in particular at the international level, are still very much offline/analogue and conceive of culture as static property linked to national sovereignty and state boundaries. The article describes this state of affairs and asks the key question of whether there is a need to reform global cultural law and policy and if yes, what the essential elements of such a reform should be.

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The connection between law and (imaginative) literature can still affect surprisingly. The theme of the present article is to summarize some of the basic features of the movement, which is called „Law and Literature” and to suggest some starting-points with which it is associated. These starting points include, for instance linguistic conception of law, narratology in law or the relations between law and culture. The article offers an overview of the classical approaches connecting law and literature and mentions the reasons for this connection: e.g. cultivation of law and lawyers, improvement of judicial decisions or improvement of legal interpretation. Some of the findings resulting from the joint of law and literature can be used in practice and goes beyond „mere” theory. The article is to be seen as an introduction to the movement of „Law and Literature”, presentation of ideas on which this movement is based and offering the possibility of its further development.

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Screening Diversity: Women and Work in Twenty-first Century Popular Culture explores contemporary representations of diverse professional women on screen. Audiences are offered successful women with limited concerns for feminism, anti-racism, or economic justice. I introduce the term viewsers to describe a group of movie and television viewers in the context of the online review platform Internet Movie Database (IMDb) and the social media platforms Twitter and Facebook. Screening Diversity follows their engagement in a representative sample of professional women on film and television produced between 2007 and 2015. The sample includes the television shows, Scandal, Homeland, VEEP, Parks and Recreation, and The Good Wife, as well as the movies, Zero Dark Thirty, The Proposal, The Heat, The Other Woman, I Don’t Know How She Does It, and Temptation. Viewsers appreciated female characters like Olivia (Scandal), and Maya (Zero Dark Thiry) who treated their work as a quasi-religious moral imperative. Producers and viewsers shared the belief that unlimited time commitment and personal identification were vital components of professionalism. However, powerful women, like The Proposal’s Margaret and VEEP’s Selina, were often called bitches. Some viewsers embraced bitch-positive politics in recognition of the struggles of women in power. Women’s disproportionate responsibility for reproductive labor, often compromises their ability to live up to moral standards of work. Unlike producers, viewsers celebrated and valued that labor. However, texts that included serious consideration of women as workers were frequently labelled chick flicks or soap operas. The label suggested that women’s labor issues were not important enough that they could be a topic of quality television or prestigious film, which bolstered the idea that workplace equality for women is not a problem in which the general public is implicated. Emerging discussions of racial injustice on television offered hope that these formations are beginning to shift.

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This chapter investigates the phenomenon of fashion from the perspective of ‘the look.’ This is achieved by the wearer (as opposed to the designer) and also forms the basis of fashion media, where it represents the ‘decisive moment’ of photography. The chapter argues that the evolving ‘look’ of fashion can be analysed to identify tensions between novelty and emulation, the unique and the universal, in contemporary consumer culture and status-based social-network markets. It explores the work of fashion photographer Corinne Day and artist Olga Tobreluts to identify the theme of ‘risk culture.’

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The aim of the dissertation is to discover the extent to which methodologies and conceptual frameworks used to understand popular culture may also be useful in the attempt to understand contemporary high culture. The dissertation addresses this question through the application of subculture theory to Brisbane’s contemporary chamber music scene, drawing on a detailed case study of the contemporary chamber ensemble Topology and its audiences. The dissertation begins by establishing the logic and necessity of applying cultural studies methodologies to contemporary high culture. This argument is supported by a discussion of the conceptual relationships between cultural studies, high culture, and popular culture, and the methodological consequences of these relationships. In Chapter 2, a brief overview of interdisciplinary approaches to music reveals the central importance of subculture theory, and a detailed survey of the history of cultural studies research into music subcultures follows. Five investigative themes are identified as being crucial to all forms of contemporary subculture theory: the symbolic; the spatial; the social; the temporal; the ideological and political. Chapters 3 and 4 present the findings of the case study as they relate to these five investigative themes of contemporary subculture theory. Chapter 5 synthesises the findings of the previous two chapters, and argues that while participation in contemporary chamber music is not as intense or pervasive as is the case with the most researched street-based youth subcultures, it is nevertheless possible to describe Brisbane’s contemporary chamber music scene as a subculture. The dissertation closes by reflecting on the ways in which the subcultural analysis of contemporary chamber music has yielded some insight into the lived practices of high culture in contemporary urban contexts.

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This report is the primary output of Project 4: Copyright and Intellectual Property, the aim of which was to produce a report considering how greater access to and use of government information could be achieved within the scope of the current copyright law. In our submission for Project 4, we undertook to address: •the policy rationales underlying copyright and how they apply in the context of materials owned, held and used by government; • the recommendations of the Copyright Law Review Committee (CLRC) in its 2005 report on Crown copyright; • the legislative and regulatory barriers to information sharing in key domains, including where legal impediments such as copyright have been relied upon (whether rightly or wrongly) to justify a refusal to provide access to government data; • copyright licensing models appropriate to government materials and examples of licensing initiatives in Australia and other relevant jurisdictions; and • issues specific to the galleries, libraries, archives and museums (“GLAM”) sector, including management of copyright in legacy materials and “orphan” works. In addressing these areas, we analysed the submissions received in response to the Government 2.0 Taskforce Issues Paper, consulted with members of the Task Force as well as several key stakeholders and considered the comments posted on the Task Force’s blog. This Project Report sets out our findings on the above issues. It puts forward recommendations for consideration by the Government 2.0 Task Force on steps that can be taken to ensure that copyright and intellectual property promote access to and use of government information.

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Heteronormative discourses provide the most common lens through which sexuality is understood within university curricula. This means that sexuality is discussed in terms of categories of identity, with heterosexuality accorded primacy and all ‘others’ indeed ‘othered.’ This paper reports on research carried out by the authors in a core first year university justice class, in which students of law and/or justice were required to engage with, discuss, and reflect on discourses on sexuality. It uses a poststructural framework to identify how students understand non-heterosexualities and how they personally relate to queer identities, in the sense that it asks questions about gender and sexual identity, and the discourses surrounding them. It was found that strongly negative attitudes to non-heterosexualities are quite resistant to challenge, and that some students express being confronted with queerness as a deep-seated fear of being drawn into otherness against their will. The result was that, while many students were able to unpack their attitudes towards queerness and engage in critical reflection and re-evaluation of their attitudes, students with strongly negative views towards non-heterosexualities conversely refused to engage at all, typically perceiving even the engagement itself as a threat to their core heterosexual identity. However, the authors caution against relying on the idea that students are simply “homophobic” to explain this reluctance, as this term does not necessarily account for the complexity of the discourses that inform students’ reactions in this context. This “homophobia” may simply be related to a way of performing gender and sexual identity as opposed to overt discrimination and fear.

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The Restrung New Chamber Festival was a practice-led research project which explored the intricacies of musical relationships. Specifically, it investigated the relationships between new music ensembles and pop-oriented bands inspired by the new music genre. The festival, held at the Brisbane Powerhouse (28 February-2 March 2009) comprised 17 diverse groups including the Brodsky Quartet, Topology, Wood, Fourplay and CODA. Restrung used a new and distinctive model which presented new music and syncretic musical genres within an immersive environment. Restrung brought together approaches used in both contemporary classical and popular music festivals, using musical, visual and spatial aspects to engage audiences. Interactivity was encouraged through video and sound installations, workshops and forums. This paper will investigate some of the issues surrounding the conception and design of the Restrung model, within the context of an overview of European new music trends. It includes a discussion of curating such an event in a musically sensitive and effective way, and approaches to identifying new and receptive audiences. As a guide to programming Restrung, I formulated a working definition of new music, further developed by interviews with specialists in Australia and Europe, and this will be outlined below.