LAW AND CRITIQUE最新文献_第4页

Patents as Capitalist Aesthetic Forms 作为资本主义美学形式的专利

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LAW AND CRITIQUE Pub Date : 2023-06-26 DOI: 10.1007/s10978-023-09349-2

Hyo Yoon Kang

引用次数: 0

How the Welfare State Tries to Protect Itself Against the law: Luhmann and new Forms of Social Immune Mechanism 福利国家如何在法律面前保护自己:卢曼与社会免疫机制的新形式

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-06-13 DOI: 10.1007/s10978-023-09346-5

N. Andersen, P. Stenner

引用次数: 0

Own Yourself! Reflexive Possession and Its Discontents in Beloved (1987) 自己的自己!《宠儿》中的反身占有及其不满

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-06-10 DOI: 10.1007/s10978-023-09348-3

Lindsay O’Connor Stern

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Manhandling the Goddess: The Thuggee Archive as a Sum of (Male) Parts 粗暴对待女神:作为(男性)部分总和的暴徒档案

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-06-01 DOI: 10.1007/s10978-023-09345-6

Adimaya Keni

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A Call for Rethinking International Arbitration: A TWAIL Perspective on Transnationality and Epistemic Community 对国际仲裁的反思:跨国与认知共同体的TWAIL视角

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-05-18 DOI: 10.1007/s10978-023-09344-7

Mansour Vesali Mahmoud, Hosna Sheikhattar

引用次数: 0

Kierkegaardian Ethics and the Rule of Law 克尔凯郭尔的伦理学与法治

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LAW AND CRITIQUE Pub Date : 2023-05-12 DOI: 10.1007/s10978-023-09347-4

J. Neoh

引用次数: 0

How to Be Indigenous in India? 如何在印度成为原住民?

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-04-18 DOI: 10.1007/s10978-023-09343-8

Dikshit Sarma Bhagabati

引用次数: 0

Translating Dark into Bright: Diary of a Post-Critical Year. 将黑暗转化为光明：后批判年的日记

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-02-01 DOI: 10.1007/s10978-022-09341-2

André Dao, Danish Sheikh

{"title":"Translating Dark into Bright: Diary of a Post-Critical Year.","authors":"André Dao, Danish Sheikh","doi":"10.1007/s10978-022-09341-2","DOIUrl":"10.1007/s10978-022-09341-2","url":null,"abstract":"This is an account of a reading project that began in February 2020. Australia was burning, a pandemic was simmering, the two of us were early in our PhD journeys at the Melbourne Law School. Already, we felt exhausted by critical theory which seemed to amplify the affects we felt all too intensely. Our reading project began as an attempt to find and inhabit texts that might move beyond critique, that might allow us to find wonder and vitality in legal theory. Taking up the literary critic Rita Felski's invitation to craft a post-critical reading practice, our reading list evolved iteratively to encompass themes and concerns that we identified as possibly correlating with said practice. It evolved too, in conversation with Melbourne, as the city journeyed through different stages of the pandemic. Constantly changing restrictions changed the ways in which we met and conversed, influencing in turn the texts we chose to read and the manner in which we read them. In this account, we pay attention to the time and place of our encounters with these interlocutors, and to the feelings these encounters generated. As such, this article takes the form of a series of (revised) diary entries: first written in 2020, then revisited in the corresponding months of 2021. What we hope emerges from these entries is a sense of how these theoretical texts train us to live in a world undergoing a compounding series of crises - and, perhaps, to imagine that world otherwise. In a more jurisprudential register, we hope that our experiment will identify the methods these texts might give us for (re-)engaging with law in a spirit of wonder and vitality.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"1 1","pages":"1-27"},"PeriodicalIF":1.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9890408/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46163989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Exteriority as Law: Revisiting the Masochean turn within Levinas 作为法律的外在性：重新审视列维纳斯内部的共济会转向

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-02-01 DOI: 10.1007/s10978-022-09342-1

Reuben Carias

引用次数: 0

Scarcity, Property Rights, Irresponsibility: How Intellectual Property Deals with Neglected Tropical Diseases. 稀缺、产权、不负责任：知识产权如何应对被忽视的热带疾病。

IF 1.2

LAW AND CRITIQUE Pub Date : 2023-01-01 Epub Date: 2022-06-25 DOI: 10.1007/s10978-022-09324-3

Daniel Pinheiro Astone

{"title":"Scarcity, Property Rights, Irresponsibility: How Intellectual Property Deals with Neglected Tropical Diseases.","authors":"Daniel Pinheiro Astone","doi":"10.1007/s10978-022-09324-3","DOIUrl":"10.1007/s10978-022-09324-3","url":null,"abstract":"The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch's scholarship on legal irresponsibility. The damages that emerge from the operations of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner's legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works.","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"34 1","pages":"145-164"},"PeriodicalIF":1.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9244109/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9913135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1