Law and culture

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of 'merger' adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars' and courts' conception of the definition of 'merger' varies according to own domestic doctrinal structures. The second case study is related to the notion of 'registered office', which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses termi-nological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

Intellectual Property, Nollywood, Creative Industry, Nigerian Copyright Laws, Digital Copyright, International Trade & Development, Transactional Negotiation, Animation Rights, Naijacomedy, Folklore, Traditional Cultural Expressions, Celebrity Branding, Fashion Design, Trademarks, Cyberspace law, Contract laws, Creative Human Capital, Technology law, Technical Protection Measures, Nigerian Copyright Commission, U.S. Copyright Office, Afrollywood, Afrondise, Technical Protection Measure, Digital Copyright Millennium Act, ECOWAS, WTO, TRIPS, WIPO, Cultural Appropriation, Cultural Anachronism, Fair Use, Fair Dealing, Bollywood, Ghallywood, Hollywood, Kennywood, Jollywood, Joziwood, Vollywood, Piracy, Cinematography, Films, Animation, Fashion design, Folklore, Customary law, Nigerian Legal System, Music, Derivative Rights.

"Making accountable the guilty ones" - Restorative justice in Brazil and the brazilian legal culture

ABSTRACT: Restorative justice, as a new form of conflict management, is a developing reality in Brazil, presenting itself through different views and restorative practices. Considering the various ways in which responsibility can be conceived due to the cultural context and the relationships between these different conceptions of responsibility and practices of conflict management in the public space, this paper discusses possible implications of the Brazilian legal culture for restorative justice in Brazil . We conducted a literature review of the ideas of David Garland on the relationship between culture and punishment, Roberto Kant de Lima of the Brazilian legal culture and characterized restorative justice from some of the main authors of the subject of restorative values and principles. Using Garland's ideas about the relationship between culture and punishment, restorative justice is understood as part of a broader cultural framework, incorporating concepts, values and perspectives specific to this context. Given the characterization of the legal culture of common law countries made by Kant de Lima, we found that restorative justice is related to that, conveying certain ideas about society, individuals and how to hold them accountable that contrasts with the Brazilian legal culture as characterized by that author. Considering the emphasis placed by the restorative justice in an active conception of responsibility and the successive "blaming" produced in the Brazilian legal culture, it is concluded that restorative justice in a context marked by hierarchical characteristics such as Brazil, may represent a “blaming” mechanism of those identified as the offender/criminal, while allowing other individuals to be outside of this "responsibility". This paper summarizes discussions of the research produced during the specialization in Criminal Science at PUCRS, which resulted in the monograph "Will it end in samba? Reflections on possible implications of the Brazilian legal culture for restorative justice in Brazil. "

Keywords: restorative justice – Brazilian legal culture – conflict management – responsibility – blaming

RESUMO: A justiça restaurativa, como nova forma de administração dos conflitos, é uma realidade em desenvolvimento no Brasil, apresentando-se através de diferentes concepções e práticas restaurativas. Considerando os diversos modos como a responsabilidade pode ser concebida conforme o contexto cultural e as relações entre essas diferentes concepções de responsabilidade e as práticas relacionadas à administração de conflitos no espaço público, este trabalho discute possíveis implicações da cultura jurídica brasileira para a justiça restaurativa no Brasil. Realizou-se uma revisão bibliográfica das ideias de David Garland sobre as relações entre cultura e punição, de Roberto Kant de Lima sobre a cultura jurídica brasileira e caracteriza-se a justiça restaurativa a partir de alguns dos principais autores do tema sobre valores e princípios restaurativos. A partir das ideias de Garland acerca da relação entre punição e cultura, a justiça restaurativa se insere em um arranjo cultural mais amplo, incorporando conceitos, valores e visões de mundo específicos deste contexto. Diante da caracterização da cultura jurídica de países do common law efetuada por Kant de Lima, identificamos que a justiça restaurativa relaciona-se com ela, veiculando determinadas concepções sobre a sociedade, os indivíduos e a forma de responsabilizá-los, contrastando-se com a cultura jurídica brasileira caracterizada por aquele autor. Considerando a ênfase colocada pela justiça restaurativa em uma concepção ativa de responsabilidade e as “culpabilizações sucessivas” produzidas na cultura jurídica brasileira, conclui-se que a justiça restaurativa, em um contexto marcado por características hierárquicas como o Brasil, pode representar um mecanismo de culpabilização desse sujeito identificado como infrator/criminoso, enquanto permite-se a outros sujeitos seguirem à margem dessa “responsabilização” pretendida. Este trabalho sintetiza discussões da pesquisa produzida durante a especialização em Ciências Penais da PUCRS, que resultou na monografia “Será que acaba em samba? Reflexões sobre possíveis implicações da cultura jurídica brasileira para a justiça restaurativa no Brasil”.

Palavras-chave: justiça restaurativa – cultura jurídica brasileira – administração de conflitos - responsabilidade – culpabilização"

Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.

This paper draws on the author’s research as a member of JSW Law’s Legal Needs Assessment, supplemented by an analysis of 43 ‘elder interviews’ that students in the JSW Law classes of 2022 and 2023 completed as part of their first-year Contracts course. It analyses the premise not of law and culture (in other words, the interrelationship between law as a distinct topic of analysis and culture as another), but rather the idea of law as culture. Legal anthropologists, guided by the definition of culture as a way of making meaning of the world around us, point out that the law serves to do exactly that: the law is—at its core—a ‘meaning-making’ enterprise. Understood in those terms, one begins to wonder whether it is necessary to analyse periods of rapid legislative change not just through a legal, but also through a cultural lens. Bhutan has in the past decades undergone an explosion of legislative innovation and change, much of it driven by a partnership between the international rule of law development community and Bhutanese policymakers. The question of whether this cycle of legislative innovation has cultural implications for Bhutan takes on a particular urgency given that one of the four key priorities for the national development strategy of Gross National Happiness (“GNH”) is, in fact, the preservation of culture.

The paper examines the premise of law as culture through an examination of the impacts of Bhutan’s recent reforms in the area of contract law in Bhutanese towns and villages. It presents a series of examples where the ‘meaning-making’ values and assumptions implicit to Bhutan’s modern contract law diverge from their customary equivalents. The paper then concludes with some recommendations on how a GNH-based approach to legal reform might differ from the approach typically used in contemporary Bhutan.

Ref: C. Romainville, « Le droit à la liberté artistique en Belgique – Réponses au questionnaire », Consultation for the Independant Expert in the field of cultural rights at the United Nations, Geneva, 6 December 2012, published on the website : http://www.ohchr.org/EN/Issues/CulturalRights/Pages/ResponsesArtisticFreedom.aspx

Satisfying the Cultural Needs of Employees in the Light of Art. 16 of the Labour Code.
Art. 16 of the Labour Code provides that an employer should satisfy the living, social and cultural needs of employees according to his possibilities and conditions. The Author’s considerations refer to satisfying the cultural needs of employees. The above mentioned provision creates one of labour law principles. However, it should be kept in mind that the employer’s obligations indicated in Art. 16 go beyond an employment liability in the strict sense. It does not create the ground for employees’ claims to satisfy these needs. But - most importantly - an employer is not prohibited to provide more, also in terms of facilitating employees’ access to culture by satisfying their diverse cultural needs. This results in the development of an individual, and thus the whole society. The provision of Art. 16 has aspirational character in the sense that it points out the desired behavior, but its implementation is limited by the actual ability of the employer.

La notion de norme et de référence à la norme est absolument fondamentale pour qui s’intéresse aux langues humaines. Langues, dialectes, parlers et accents suivent tous des règles rigoureuses, que l’observation permet de déterminer. Il n’y a pas de langue sans grammaire : la langue est une norme.
Cependant, les langues du monde ne jouissent pas toutes de statuts égaux. Dans certains États, le ou les idiomes parlés par la majorité de la population sont normés (pourvus d’une norme de référence) et normalisés, c’est à dire soutenus par un appareil administratif et éducatif conséquent.
À l’inverse, de nombreuses communautés linguistiques, minoritaires ou trop pauvres, sont obligées d’utiliser d’autres langues que leur langue maternelle pour avoir accès à l’enseignement ou aux services publics. La normalisation des langues vernaculaires de ces groupes laissés pour compte est souhaitable pour deux raisons : 1. la préservation de la diversité culturelle de la planète ; 2. l’établissement de systèmes éducatifs et d’information plus performants, parce qu’utilisant la langue maternelle des communautés considérées.
Fixer la norme d’une langue peu décrite est loin d’être une sinécure, comme le montre l’exemple capverdien. Et en fin de compte, cette nouvelle norme n’aura d’utilité que si les pouvoirs publics favorisent sa normalisation, à savoir sa diffusion systématique auprès des populations concernées. L’aventure de la normalisation des langues vaut cependant la peine d’être vécue, en particulier dans nombre de pays du Tiers-Monde. En normant et en normalisant, le linguiste a un rôle essentiel à jouer dans les processus de développement économique.

The Chinese provinces are a crazy patchwork quilt of languages and dialects, where the histories of migrations and cultural enclaves, the tides of influence from empire and commerce, the sperm trails that follow rivers and railway lines ... are recorded in a tangle of codes that no one has yet made a serious attempt to untangle. Note that these comments are obviously informal, not a part of systematic research. Chinese scholars themselves are now (2013) taking a much more thorough interest in dialects than was the case even in 2000.

LAW AND LITERATURE: A HANDFUL OF BELATED REFLECTIONS
The research tendency that is known as law and literature is conducted in two, and today perhaps even more, aspects. Besides the well-known and thoroughly researched tendencies – that is, law in literature, which examines legal themes in what can broadly be conceived of as literature, and law as literature, which focusses on research into legal and juristic texts with the use of tools drawn from literary theory, looking in these texts for literary qualities – this essay points to the under-researched tendency of law on literature. This tendency is concerned with authors’ rights and other regulations that relate to writers’ work, the principle of artistic freedom, and its limitation by censorship and other means. This idea is derived from the three conceptions of the aesthetics of law presented in the author’s own study Estetyka prawa (Aesthetics of Law). These are: the so-called external conception (law in literature), the internal conception (law in literature), and the conception defined by the author as “law as a tool of aestheticization” (law on literature). Within these three strands, which organize the entirety of the tendency of law and literature, the author adds observations, additions, and supplements, “forgotten” in the above-mentioned study, and only developed after its publication.

The paper has discussed Ghana’s PNDC Law 111 and related it to international human rights instruments such as the African Charter and the CEDAW on women’s property inheritance rights. The objective is to find out if Law 111 fully promotes women’s property inheritance rights. The findings are that: to some extent, Law 111 has addressed some injustices faced by women on intestate inheritance. However, Law 111 has certain weaknesses, which go against the equality clauses in the international human rights instruments. Due to the weaknesses, PNDC Law 111 has not fully met the standards set by the international human rights regimes on women’s property inheritance. Since Law 111 is a national law on intestate succession, it needs to reform itself. The research is important because it highlights some of the weaknesses of law 111 on women’s intestate property inheritance and calls for reform on the subject.

The Aesthetics of Law.
Today the aesthetics of law constitutes a fifth branch of legal philosophy – alongside the ontology of law, the epistemology of law, legal logic, and legal ethics. The aesthetics of law is not only exceptionally interesting in itself, but also important in legal practice; further, the scope of its effects in jurisprudence is broader than might appear at first to be the case. There is an extraordinary number of traces of the aesthetics of law – something that becomes apparent as soon as we read successive books and articles with our eyes open for such elements in order to make note of them, and subsequently interpret and develop them. The aim of this study is, on one hand, clearly to set out what has been written on the aesthetics of law, and, on the other hand, to propose a program for further research. This principle makes it possible to create a “foundation,” upon which further aesthetic-legal discussion can arise, a discussion that other researchers – I hope – may join. The results of further study of the aesthetics of law may be of practical use in creating and applying the law, although not only here, since such research relates to a very important issue, which is the formation of the legal consciousness of those whom the law addresses and of their attitudes toward the law.

This essay highlights the main characteristics of the architecture of the Welsh house and provides an analysis of the influences on its design over the centuries. The various terms involved in the field are clearly explained before the discussion is expanded, and pertinent examples are used of different forms of architecture in Wales and their locations, demonstrating effectively the factors that influenced design and its development over the years.

Published in <American Art> 30: 1 (Spring 2016)

In 1978, Tehching Hsieh began the first of his One Year Performances, in which he subjected himself to conditions of extreme deprivation or banality over the course of a single year. Accompanying each performance were voluntary written pledges to uphold various behavioral restrictions, the language and format of which strongly resembled that commonly used in legally binding contracts. The lengths that Hsieh took to fulfill his obligations recalled the doctrine of good faith, or the legal duty of parties in a contract to deal with each other fairly and honestly. The strong resonance between Hsieh’s performances and the law suggests a model of artistic agency that emphasizes the necessity of holding oneself accountable to higher standards of scrutiny. It also highlights art’s potential as a medium through which to consider what and how the law specifically means.

Television programs and films are powerful visual mediums that inject various interpretations about law into the public stream of consciousness and can help shape public perception on various issues. This Article argues that the popular television series The West Wing (“TWW”) cultivated the notion of a unilateral American legal obligation to intervene and protect vulnerable populations from genocide in the context of a fictional African state by mimicking some of the factual circumstances that transpired during the Rwandan genocide. In creating an idealized vision of an American response to such humanitarian crises, the show effectively attempted to re-imagine Rwanda as a beneficiary of United States military force. This Article argues that in advancing a radical vision of unilateral humanitarian military interventions, TWW questionably propagated metaphors and caricatures that persist in human rights discourse as criticized by Makau Mutua - namely that Western states must act as saviors rescuing vulnerable and victimized third world populations from malevolent third world dictatorships. Furthermore, such caricatures deny non-Western populations a certain subjectivity and foster the idea that Western states must always come to the rescue. In addition, these caricatures paint the international community and fellow Western states like France as unwilling or unable to respond to such crises. Lastly, this Article proposes alternative visions of how TWW might have presented responses to humanitarian crises by incorporating the international community and giving greater voice to local resistance.

In this article, I intend to concentrate on one type of process by which Scots has found new legitimation as a language, and how discourses surrounding the issue of Scots might seek to contribute to the creation of a new Scottish society. I whish to show how history is used as a legitimating discursive device by the various components of the Scots language revitalisation movement.

The Hasidic custom on Passover is to avoid gebrokts – that is, matsah that has come in contact with water. This article explores the practice as a case study for the adoption, popularization, and spread of Hasidic customs. The acceptance of the custom is linked to the approach of the nascent Hasidic movement towards Lurianic mystical lore and the quest to encourage the Jewish laity to embrace practices grounded in this tradition. This process contributed to the coalescence of Hasidic identity. A vector of this research explores the legal writings from the Beit Midrash of Hasidism as they pertain to the gebrokts custom. Rabbi Shneur Zalman of Liady was the first Hasidic jurist to relate to the custom. In an undated responsum he advocated the adoption of the practice, though he did not mention the custom in his code of law. The two sources provide freeze frames of the process of a custom germinating in an emerging community. This is a rare opportunity to pinpoint such a process. The case of gebrokts in the Hasidic milieu is significant from an additional perspective. Customs that took root during Hasidism’s formative years were observed in communal spaces: Prayer rites and venues, white clothing, slaughter knives, the communal festive meal, and others. Gebrokts is an early case of Hasidic values entering the privacy of the home. As families sat down for the traditional Passover seder, Hasidism – in the form of the gebrokts stricture – was present at the festivities.

The Palestinian-Bedouin community in the Naqab, the southern region of Palestine/Israel, has been capitalising since the mid-2000s on the international discourse on indigeneity in their struggle for land justice. The mobilisation of indigenous rights has been advanced by sympathetic critical scholars and civil society organisations, resulting in the international recognition of the Bedouin as indigenous. This article revisits these scholarly and activist efforts and argues that sympathetic scholars and NGOs have mobilised a liberal multicultural notion of indigeneity that draws on the centring of culture in indigenous rights as the defining feature of indigeneity. Justification for the recognition of the Bedouin as indigenous has been predicated on the fetishisation of Bedouin culture as premodern and endangered, and therefore deserving of protection and preservation. Through the case study of the Bedouin, the article demonstrates that in its current multicultural(ist) iteration, international indigenous rights law can operate as an essentialising and racialising instrument and as a site of subjectivation that reproduces the racialising logics of settler colonialism and racial imageries of indigenous peoples. The culturalisation of indigeneity, both in international law and in the production of Bedouin indigeneity, the article concludes, risks compromising the long-term claims of indigenous peoples to land by conditioning them upon the perpetual practice of 'authentic' culture.

"This is the first book to consider German sociologist Niklas Luhmann's social theory in a critical legal context.

Niklas Luhmann: Law, Society, Justice is a critical description, and at the same time a performative inversion, of the theory of legal autopoiesis as developed by the German sociologist Niklas Luhmann. This theory is introduced here both in terms of society at large and the legal system specifically. As the basic operations and mechanisms of Luhmannian sociological analysis of the law are used as a platform on which the critical analysis of the book is erected, the work reveals the aporetic structure of autopoiesis. This aligns it with postmodern approaches to law as influenced by post-structuralism, deconstruction, feminist theories, contemporary philosophy and political theory. The main epistemological inversion is that, here, the systemic environment - whatever is not 'of the system' - becomes a space of critique and negation of the existing systemic structures, but only after its prior internalization by the system itself. Thus, through autopoietic processes, the environment advances from outside in, and in this transgressive performance, an autopoietic critique of the structure emerges. The book builds on this transgression and reconstructs the theory malgré soi on the basis of a paradox, where the observer is required to look outside the law in order to find an adequate description of the law.

Niklas Luhmann: Law, Society, Justice thus operates both as an introduction to the relevance of Luhmann's social theory for law, as well as a critical response to autopoiesis. "

Principally in response to the public debt crisis, the process of European political integration appears about to make further advances. This, in turn, brings a need to reflect on the emergence of a new legal culture shared by many legal systems that are
gradually moving closer to each other in many ways. The language issue is an important aspect of this: the greater the sovereignty transferred by the Member States to the Brussels institutions, the more essential it becomes that these institutions speak the languages that Europeans know best, generally their national language.
This poses a considerable challenge to the EU, where language diversity is now recognised under Article 22 of the Charter of Fundamental Rights of the European Union, and, after the Lisbon Treaty, under Article 3 (3) of the TEU. If the EU truly intends to
guarantee that language diversity is respected, it must allow every EU citizen to speak any of the 23 official languages and, at the same time, issue its rules in every citizen’s own language.
A useful key to understanding the EU situation is provided by Canada, which, with its two official languages, French and English, has long faced a similar challenge. It has been possible to protect the identities of both the English-speaking and the French-speaking communities by recognising that both communities are entitled to have all written documents drafted in their own language. However, this federal-level decision has
led to a model of regulation that is marked by strong separatism in the Province of Quebec, where the French-speaking population constitutes a significant majority.
The co-existence of the two communities raises several issues for legal scholars. This paper looks primarily at the classic constitutional problem of the rights that the linguistic minority are entitled to, and a review is provided of the main rulings issued by the Supreme Court of Canada. After the introduction (§ 1), and a short survey of relevant constitutional provisions (§ 2), an account is provided of the debate over the Provinces’ powers when constitutional amendments impinge on their sphere of activity (§ 3), and the key regulations relating to the day-to-day administration of Canadian bilingualism are described (§ 4). The article then examines cases and key issues arising from them, in
chronological order (§ 5). The last chapter provides a critical evaluation of the way in which language rights have been shaped in Canadian constitutional jurisprudence (§ 6).

Prevalentemente in risposta alla crisi del debito pubblico, il processo di integrazione politica europea sembra in procinto di raggiungere nuovi traguardi. Ciò pone a propria volta la necessità di riflettere sulla nascita di una cultura giuridica comune a molti
ordinamenti che si stanno progressivamente avvicinando l'un l'altro sotto molteplici aspetti. Un aspetto importante di questa riflessione attiene al "problema linguistico": infatti, più quote di sovranità vengono trasferite dagli Stati Membri alle istituzioni di
Bruxelles, più diviene fondamentale che tali istituzioni parlino nella lingua che i popoli europei comprendono meglio, il che significa normalmente la loro lingua nazionale.
Ciò pone una sfida notevole per l'UE: se vuole realmente assicurare il rispetto della "diversità linguistica" (ora riconosciuta dall'art. 22 della Carta dei Diritti Fondamentali dell'Unione Europea e, dopo il Trattato di Lisbona, dall'art. 3(3) del TEU), deve consentire ad ogni cittadino europeo di parlare in una qualunque delle ventitré lingue ufficiali, e allo stesso tempo deve imporgli i propri comandi nella sua lingua.
Lo studio del caso canadese è particolarmente utile a comprendere questa sfida: con le sue due lingue ufficiali, l'inglese e il francese, il Canada ne ha infatti conosciuta a lungo una
simile. In questo Paese, riconoscere a ciascuna comunità, quella anglofona e quella francofona, il diritto di avere tutti i documenti ufficiali scritti nella propria lingua è stato un modo per proteggere le rispettive identità. In particolare, l'opzione bilingue adottata
dalla federazione canadese ha tradizionalmente consentito alla minoranza francofona di salvaguardare un elemento essenziale del proprio patrimonio culturale. Tuttavia, quest'opzione scelta a livello federale fa spazio a un modello di regolamentazione improntato a un forte separatismo all'interno della Provincia del Quebec, dove la popolazione di lingua francese è largamente predominante.
La coesistenza delle due comunità solleva diverse questioni per i giuristi. In questo lavoro, l'attenzione è rivolta principalmente sul classico problema costituzionale di quali diritti sono riconosciuti alla minoranza linguistica: vengono passate in rassegna le
principali pronunce della Corte Suprema del Canada in tema di diritti linguistici. Dopo un'introduzione (§ 1), e un breve resoconto delle disposizioni costituzionali rilevanti (§ 2), della controversia sui poteri delle province in materia di modifiche costituzionali
incidenti sulla loro competenza (§ 3), e delle regole principali nell'applicazione quotidiana del bilinguismo canadese (§ 4), l'articolo segue un ordine cronologico, esaminando le sentenze e analizzando le questioni principali che esse rispettivamente
hanno sollevati (§ 5); nel paragrafo conclusivo, vengono svolte alcune considerazioni (prevalentemente critiche) sul modo in cui i diritti linguistici sono stati declinati nell'esperienza costituzionale canadese (§ 6).

As part of the gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) results and book series, a book was published CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Climate Change, Sustainable Development, Protection of Environment, Social, Economic and Cultural Rights, Labour Rights, Public Health, Food and Product Safety, Global Law and Sustainable Development Book Series, Routledge Publishing (London/New-York), September 2016, pp. 1-584 TO DOWNLOAD FRONT AND BACK COVER, TABLE OF CONTENTS, INTRODUCTION OF THE BOOK, FOREWORDS AND ACKNOWLEDGMENTS, PLEASE SEE THE FOLLOWING LINK: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2876883 To purchase the book, you can refer to the publisher website: https://www.routledge.com/Chinas-Influence-on-Non-Trade-Concerns-in-International-Economic-Law/Farah-Cima/p/book/9781409448488

FP7-PEOPLE-2010 IRSES
Marie Curie Irses

The event is organized by

gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Institutions organizing the Workshop within the LIBEAC Consortium:

University Institute of European Studies (IUSE) in Turin, Italy
University of Piemonte Orientale, Novara, Italy
Peking University, School of Government, Center for European Studies (China)
Tsinghua University, Department of Philosophy (China)
Tsinghua University, School of Public Policy and Management (China)
Aix-Marseille University, CEPERC (France)

        Project LIBEAC
Liberalism in Between Europe and China

    WORKSHOP ON

SOCIAL, CULTURAL AND LEGAL PERSPECTIVE ON CHINESE –POLITICAL AND ECONOMIC – LIBERALISM TODAY

held at
Peking University, School of Government, Center for European Studies (China)

                                    Time: Morning, 8 Aug. 2014
                               
                      Beijing, China

8:00 - 8:30 Registration

8:30  Welcoming speeches

8:30 – 8:40
Addressing – Paolo Davide FARAH, West Virginia University (WV, USA), LIBEAC Legal Work-package Leader & Research Unit Coordinator at University Institute of European Studies – IUSE (Italy), gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Addressing – Jean-Yves HEURTEBISE, LIBEAC Vice-coordinator at Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France); FuJen Catholic University (Taipei), Department of French Language and Culture; Kozmetsky Global Collaboratory in Stanford University (KGC, USA)

SESSION ONE

Chair and Moderator: Paolo Davide FARAH, LIBEAC Legal Work-package Leader & Research Unit Coordinator at University Institute of European Studies – IUSE (Italy)

8:45 – 9:25

LI Qiang, Assistant to the President, Peking University, School of Government,  Center for European Studies (China), LIBEAC Research Unit Coordinator at Peking University

The Influence of Liberalism in China

9:25 – 9:40  Discussants of the Paper – Vanessa KOPEC, Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France) & EU Commission Marie Fellow

Questions and Answers

9:40 – 10:20 Cui Zhiyuan, Tsinghua University, School of Public Policy and Management; LIBEAC Research Unit Coordinator at Tsinghua University, School of Public Policy and Management

Understanding Xi Jiping's Grand Strategy".

10:20 – 10:35 Discussants of the Paper – Jean-Yves HEURTEBISE, FuJen Catholic University (Taipei), Department of French Language and Culture; LIBEAC Vice-coordinator at Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France); Kozmetsky Global Collaboratory in Stanford University (KGC, USA)

10:35 – 11:05 ZHU Tianbiao, Peking University, School of Government

Neoliberalism and China’s Compressed Development

11:05 – 11:20  Discussant of the Paper - Paolo Davide FARAH, LIBEAC Legal Work-package Leader & Research Unit Coordinator at University Institute of European Studies – IUSE (Italy)

11:20 - 11:40  Zhang Xiang, Tsinghua University, School of Public Policy and Management

K’ang Yu-wei's Thoughts about the Problem of the Relationship of Politics and Religion

11:40 – 12:00 Roundtable Questions & Answers

12:00 – 12:15 Break




Chair and Moderator: ZHU Tianbiao, Professor of Peking University, School of Government

12:15 – 12:30
Paolo Davide FARAH, West Virginia University (WV, USA), LIBEAC Legal Work-package Leader & Research Unit Coordinator at University Institute of European Studies – IUSE (Italy), gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Advantages and Disadvantages of Globalization and Liberalism toward Social, Economic, Environmental and Cultural Rights

12:30 – 12:45
Jean-Yves HEURTEBISE, FuJen Catholic University (Taipei), Department of French Language and Culture; Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France); Kozmetsky Global Collaboratory in Stanford University (KGC, USA)

The future of Chinese liberalism and the limits of Developmentalism

12:45 – 13:00
Fernando DIAS SIMOES, University of Macau, Faculty of Law (China) & Member of the Scientific Committee of gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

From Civic Behaviour to Environmental Citizenship

13:00 – 13:15
Round Table Discussion with all the participants

LI Qiang, Assistant to the President and Professor of Peking University, School of Government,  Director of the Center for European Studies (China), LIBEAC Research Unit Coordinator at Peking University

Vanessa KOPEC, Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France) & EU Commission Marie Fellow

ZHU Tianbiao, Professor of Peking University, School of Government

Jean-Yves HEURTEBISE, FuJen Catholic University (Taipei), Department of French Language and Culture; LIBEAC Vice-coordinator at Aix-Marseille University, CEPERC - Research Center for Comparative Epistemology and Ergology (France); Kozmetsky Global Collaboratory in Stanford University (KGC, USA)

Paolo Davide FARAH, West Virginia University (WV, USA), LIBEAC Legal Work-package Leader & Research Unit Coordinator at University Institute of European Studies – IUSE (Italy), gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Fernando DIAS SIMOES, University of Macau, Faculty of Law (China) & Member of the Scientific Committee of gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)


The event is organized by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) in collaboration with the following beneficiaries  and partner institutions of the European Union Research Executive Agency IRSES Project “Liberalism in Between Europe And China” (LIBEAC) coordinated by Aix-Marseille University (CEPERC): University Institute of European Studies (IUSE) in Turin, Italy and the University of Piemonte Orientale, Novara, Italy Peking University, School of Government, Center for European Studies (China), Tsinghua University, Department of Philosophy (China). Workpackages 2 and 4

As part of the gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) results and book series, a book was published CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Climate Change, Sustainable Development, Protection of Environment, Social, Economic and Cultural Rights, Labour Rights, Public Health, Food and Product Safety, Global Law and Sustainable Development Book Series, Routledge Publishing (London/New-York), September 2016, pp. 1-584 TO DOWNLOAD FRONT AND BACK COVER, TABLE OF CONTENTS, INTRODUCTION OF THE BOOK, FOREWORDS AND ACKNOWLEDGMENTS, PLEASE SEE THE FOLLOWING LINK: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2876883 To purchase the book, you can refer to the publisher website: https://www.routledge.com/Chinas-Influence-on-Non-Trade-Concerns-in-International-Economic-Law/Farah-Cima/p/book/9781409448488

Ten years ago, thanks to the joint action of UNESCO and four principle organisations of professionals o culture, a new international NGO was created: it’s aim was to promote and – if possibe – to apply in a concrete way, together with Governments, the Hague 1954 Convention, signed half a century ago to protect at an international level cultural property in the event of armed conflicts.
Due to the UNESCO’s objective difficulties and problems in thee particular kinds of situations, for a long time it has been known that it was necessary to trust this responsibility to an operational organisation, presenton the field, independent, pestigious as the International Red CrosFo his eason, the foundation of ICBS and its first steps were greeted in a very favourable way by the majority of people involved in this field.
However, the analysis shows some big problems and many difficulties which made the Blue Shield - at an in-ternaional level as in Italy – ambitious but not an adequate project a disorganised oganisation (or better, no-organisation) which is still far from being operaive, and more importantly it is not fully recognised and substainedeven by the same intitutionshat created it.""

Seis ensaios que cobrem desde as fontes dos direitos culturais no direito internacional (ONU, sistema interamericano de direitos humanos, União Europeia, Constituições brasileiras) até um enquadramento da cultura na sociologia contemporânea e na perspectiva da filosofia política e das teorias da justiça. Ao debate entre liberalismo e comunitarismo é proposta uma saída de experimentalismo democrático. Diante do panorama dos direitos indígenas na América Ibérica e no Brasil, são desenhados parâmetros para direitos de autonomia que reconheçam um pluralismo jurídico qualificado. Analisa-se o embate entre direitos culturais, propriedade intelectual e comércio internacional. Propõem-se critérios para o tratamento igualitário de pretensões envolvendo demandas de reconhecimento multicultural.
SOBRE O AUTOR: Lucas Fucci Amato é pós-doutorando, doutor e bacharel pela Faculdade de Direito da USP (Universidade de São Paulo), com estágio doutoral como pesquisador visitante da Harvard Law School.

Six essays that cover from the sources of cultural rights in international law (UN, inter-American system of human rights, European Union, Brazilian constitutions) until a frame of culture within contemporary sociology and under the lens of political philosophy and theories of justice. Democratic experimentalism is pointed out as a way out of the debate between liberalism and communitarianism. In face of an overview of indigenous rights in Latin America and Brazil, there were designed parameters for autonomy rights that recognize a qualified legal pluralism. The clash among cultural rights, intellectual property and international trade is analyzed. Criteria for the equal treatment of claims involving multicultural recognition are provided.

Dark tourism explores the relationship between seeing/experiencing and learning as it pertains to ‘dark sites’. Dark tourist sites are associated with crime, death, murder, and vio- lence. People who visit Holocaust and penal museums want to learn, to see, and to under- stand the histories of violence and oppression tied to these places and spaces. The affective power of dark tourist sites makes learning about unsettling and disturbing content effective, as illustrated in recent criminology research (Walby and Piché 2011; Fiander et al. 2016) and tourism literature (Stone and Sharpley 2008; Podoshen et al. 2015; Hartmann et al. 2018). Despite popular discourses referring to violent films and other content as ‘torture porn’ (Lockwood 2009), and to photographs of the developing world and war zones as ‘poverty’ and ‘war’ porn respectively (Hester 2014), little research has been conducted on the websites devoted to shocking and violent content (Tait 2008). This article addresses the legal and ethical impossibilities of researching the ‘shock porno- graphies’ described by Jones and Mowlabocus (2009), and applies a dark tourism frame- work to gore and other ‘shock’ websites and videos from my position as a porn and horror studies media scholar.

The existence of ‘postnatal’ or maternal depression (PND) is contested, and subject to various medico-legal and cultural definitions. Mothers remain subject to complex systems of scrutiny and regulation. In medico-legal discourse, postnatal distress is portrayed as a tragic pathology of mysterious (but probably hormonal) origin. A PND diagnosis denotes ‘imbalance’ in the immediate postnatal period, although women experience increased incidence of depression throughout maternity. Current treatment patterns emphasise medication and tend to elide the perspective of the individual sufferer in favour of a blanket disease model. I emphasise the need for a feminist reassessment of maternal distress and the means available to ‘testify’ to its forms, and argue for PND to be analysed in biopolitical terms, perhaps as a ‘habitus’ materialising the low status and pervasive privatisation of Western mothers.

In this article, I deal with airs and sounds and scents, while keeping an eye on the law. My field of enquiry
is the interstitial area between sensory and affective occurrences, namely sensory experiences that are
traditionally thought to be a causal result of external stimuli, and affective experiences that are mostly
associated with emotional changes and generally allude to something internal. I am arguing that there is
no constructive difference between internal and external origin of occurrences. In its stead, I suggest the
concept of atmosphere, namely an attempt at understanding affective occurrences as excessive, collective,
spatial and elemental. However, it quickly becomes apparent that an atmosphere is legally determined.
The law controls affective occurrences by regulating property of sensory stimulation. At the same
time, the law guides bodies into corridors of sensory compulsion e an aspect of which is consumerism in
capitalist societies. The law achieves this by allowing certain sensory options to come forth while suppressing
others, something which is particularly obvious in cases of intellectual property protection that
capture the sensorial. I deal with the law in its material, spatial manifestation and in particular through
what I have called the ‘lawscape’, namely the fusion of space and normativity. I employ a broadly Deleuzian
methodology with insights from radical geography, affective studies, urban and critical legal
theory in order to develop and link the various parts of the text.

Analysen des Rechts lassen sich grundsätzlich danach unterscheiden, ob sie Recht primär als Macht- und Herrschaftsinstrument deuten, seine innerjuridische Eigenlogik in den Vordergrund rücken oder Recht als einen kulturellen Tatbestand in den Blick nehmen. Der Beitrag unterzieht die Schriften Pierre Bourdieus und Michel Foucaults zum Recht einer vergleichenden Untersuchung und zeigt einige zentrale Konvergenzen beider Perspektiven auf. Dabei zeigt sich, dass Bourdieu und Foucault die Anerkennung eigenlogischer Qualitäten des Rechts mit einer herrschaftssoziologischen Perspektive zusammenführen; obwohl jedoch beide Autoren eigentlich Ansatzpunkte zur Analyse der kulturellen Dimension von Recht liefern, blenden sie diese weitgehend aus, womit wichtige Potenziale für eine kulturvergleichende Rechtsanalyse verschenkt werden. Der Beitrag schließt mit einigen Hinweisen darauf, wie die beiden verhandelten Ansätze eine solche Analyse anleiten können.

Analyses of law can basically be distinguished according to whether they primarily refer to law as an instrument of power and domination, place an emphasis on its autonomous juridical inner-logic or conceive it as a cultural fact. The article comparatively examines Pierre Bourdieu’s and Michel Foucault’s writings on the law and identifies several crucial convergences between both perspectives. It shows that both authors combine attention to the inner logic of law with a power-theoretical approach. However, although both Bourdieu and Foucault provide fruitful starting points for a cultural analysis of the law, they largely ignore its cultural dimension, thereby giving away significant potential for a comparative analysis of legal cultures. The paper concludes with some hints on how the two approaches can guide such an analysis.

Symbolic and material symbols of culture are omnipresent in our everyday lives, as exemplified by taking a walk through downtown Toronto. As both law and culture are in a constant state of flux and mutually reconstituting themselves and one another, I suggest that exploring law culturally provides a more focused and politicized emphasis upon meaning in those disciplinary spaces that are preoccupied with questions of power. Similarly, studying culture legally in fields like anthropology and cultural studies will enable disciplines with tendencies toward culturalism to have more specific and material theories of power, as it resonates in a multitude of ways. Widely considered as a field of cultural politics, intellectual property has provided an especially promising point of entry for exploring the prospects for an interdisciplinarity that encompasses perspectives drawn from anthropology, cultural studies, and law and society scholarship. If the life of the law is experience, then the pervasive textuality of experience in the late twentieth century needs to be understood legally. The local animation of the law should be addressed experientially, in terms of the way law manages meaning, shapes relations of cultural authority and contestation, provokes a politics of property, propriety, and appropriation, and provides forms and fora for articulations of identity and difference. Jolted by espresso, awakened by life on the street, and alert to the properties of contemporary cultural life, a critical cultural studies of law comes into view.