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Author: Terri Janke Publisher: WIPO ISBN: 9280511890 Category : Law Languages : en Pages : 172
Book Description
Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.
Author: Terri Janke Publisher: WIPO ISBN: 9280511890 Category : Law Languages : en Pages : 172
Book Description
Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.
Author: Radu J. Bogdan Publisher: MIT Press ISBN: 9780262261623 Category : Philosophy Languages : en Pages : 242
Book Description
Drawing on philosophical, psychological, and evolutionary perspectives, Bogdan analyzes how primates create the resources for "metamentation"—the ability of the mind to think about its own thoughts. Mental reflexivity, or metamentation—a mind thinking about its own thoughts—underpins reflexive consciousness, deliberation, self-evaluation, moral judgment, the ability to think ahead, and much more. Yet relatively little in philosophy or psychology has been written about what metamentation actually is, or about why and how it came about. In this book, Radu Bogdan proposes that humans think reflexively because they interpret each other's minds in social contexts of cooperation, communication, education, politics, and so forth. As naive psychology, interpretation was naturally selected among primates as a battery of practical skills that preceded language and advanced thinking. Metamentation began as interpretation mentally rehearsed: through mental sharing of attitudes and information about items of common interest, interpretation conspired with mental rehearsal to develop metamentation. Drawing on philosophical, psychological, and evolutionary perspectives, Bogdan analyzes the main phylogenetic and ontogenetic stages through which primates' abilities to interpret other minds evolve and gradually create the opportunities and resources for metamentation. Contrary to prevailing views, he concludes that metamentation benefits from, but is not a predetermined outcome of, logical abilities, language, and consciousness.
Author: Paul Kockelman Publisher: Cambridge University Press ISBN: 1139486268 Category : Language Arts & Disciplines Languages : en Pages : 257
Book Description
Based on fieldwork carried out in a Mayan village in Guatemala, this book examines local understandings of mind through the lens of language and culture. It focuses on a variety of grammatical structures and discursive practices through which mental states are encoded and social relations are expressed: inalienable possessions, such as body parts and kinship terms; interjections, such as 'ouch' and 'yuck'; complement-taking predicates, such as 'believe' and 'desire'; and grammatical categories such as mood, status and evidentiality. And, more generally, it develops a theoretical framework through which both community-specific and human-general features of mind may be contrasted and compared. It will be of interest to researchers and students working within the disciplines of anthropology, linguistics, psychology, and philosophy.
Author: Anthony G. AMSTERDAM Publisher: Harvard University Press ISBN: 0674020200 Category : Law Languages : en Pages : 467
Book Description
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Author: Terri Janke Publisher: ISBN: Category : Copyright Languages : en Pages : 170
Book Description
The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia.
Author: Gregory R. Peterson Publisher: Fortress Press ISBN: 9781451409116 Category : Religion Languages : en Pages : 276
Book Description
Does it make sense to speak of the "mind of God"? Are humans unique? Do we have souls?Our growing explorations of the cognitive sciences pose significant challenges to and opportunities for theological reflection. Gregory Peterson introduces these sciences -- neuroscience, artificial intelligence, animal cognition, linguistics, and psychology -- that specifically contribute to the new picture and their philosophical underpinnings. He shows its implications for rethinking longstanding Western assumptions about the unity of the self, the nature of consciousness, free will, inherited sin, and religious experience. Such findings also illumine our understanding of God's own mind, the God-world relationship, new notion of divine design, and the implications of a universe of evolving minds.Peterson is gifted at explaining scientific concepts and drawing their implications for religious belief and theology. His work demonstrates how new work in cognitive sciences upends and reconfigures many popular assumptions about human uniqueness, mind-body relationship, and how we speak of divine and human intelligence.
Author: Margaret Sönser Breen Publisher: Rodopi ISBN: 9042016787 Category : History Languages : en Pages : 296
Book Description
Minding Evil: Explorations of Human Iniquity brings together fifteen essays, versions of which were presented at the Fifth International Conference on Evil and Wickedness, held in Prague in 2004. The volume examines evil and wickedness from a variety of disciplines, including criminology, cultural studies, gender studies, law, literature, peace studies, philosophy, psychology, and sociology. In so doing Minding Evil keeps in play the doubled meaning of its title: on the one hand, to tend to evil, that is, to oversee, cultivate, and deploy it; on the other hand, to be bothered by evil and so, in learning to identify or recognise it, to try to understand its workings and thus contain or control it and, perhaps, repair or undo it. While the essays taken together work to show the difficulty and at times the travesty of not being able to distinguish between the two meanings, it is this second meaning that remains key. What are the individual and collective responsibilities entailed in minding - being troubled by - evil? This is the central question of this volume.
Author: William E. Doll Publisher: Peter Lang ISBN: 9780820467801 Category : Education Languages : en Pages : 346
Book Description
Although the fields of chaos and complexity are important in a number of disciplines, they have not yet been influential in education. This book remedies this dilemma by gathering essays by authors from around the world who have studied and applied chaos and complexity theories to their teaching. Rich in its material, recursive in its interweaving of themes, conversational in its relationships, and rigorous in its analysis, the book is essential reading for undergraduates, graduate students, and professionals who deal with these important topics.
Author: Lucas Lixinski Publisher: OUP Oxford ISBN: 0191668893 Category : Law Languages : en Pages : 295
Book Description
This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.
Author: Jose W. Lalas Publisher: Emerald Group Publishing ISBN: 1839827963 Category : Education Languages : en Pages : 231
Book Description
While the issue of advancing equity occupies the pages of many education journals across the world and pursuing it in schools and classrooms is a common instructional goal, there is an obvious absence of established school policies combined with pedagogies on how to achieve educational equity.
Author: Terri Janke
Author: Terri Janke
Author: Radu J. Bogdan
Author: Paul Kockelman
Author: Anthony G. AMSTERDAM
Author: Terri Janke
Author: Gregory R. Peterson
Author: Margaret Sönser Breen
Author: William E. Doll
Author: Lucas Lixinski
Author: Jose W. Lalas