Category: Law

New Law for Intellectual Commons Needed – Broumas

New Law for Intellectual Commons Needed – Broumas

Released this week the latest title in the CDSMS series edited by Christian Fuchs by lawyer and activist Antonios Broumas makes the case for a new body of law to harness the potential and social value of the intellectual commons. Using case studies of cultural commons initiatives it clearly articulates why the commons have intrinsic value deserving of legal protection. At the heart of these new proposals is a recognition and expansion of the public domain and the need for greater personal and social rights and freedoms for individuals to properly participate in the realms of culture and science.

Extracts from the book titled Intellectual Commons and the Law: A Normative Theory for Commons-Based Peer Production follow:

[T]he intellectual commons are suppressed by the dominant value system of commodity markets and its universal equivalent of value in the form of money upon the intellectual commons. Such pressure, which may even lead to the extinction of intellectual commons communities, comes into contradiction with the overall conclusion regarding their social value and potential. Even though such communities may as a rule not be as productive as corporations in terms of money circulation, profits, jobs and taxes, this does not make them unproductive in terms of social value. On the contrary, the communities of the intellectual commons contain and emanate a wealth of social values, which ought to be protected through legal means.

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Rather than proposing reforms within the property-oriented framework of contemporary expansive intellectual property laws, the current book advances a normative line of argumentation in favour of an independent body of law for the regulation of the intellectual commons, i.e. both the open access commons of the public domain and any other type of regime oriented towards the shared use of intellectual works. The appropriate protection and promotion of these two sectors of our intellectual commonwealth aspires to construct a vibrant non-commercial zone of creativity and innovation in parallel to intellectual property-enabled commodity markets of intellectual works.

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Following the above, it is held that states are morally committed to respecting, protecting and fulfilling the freedom to contribute to the intellectual commons, thereby abstaining from its restriction through intellectual property laws, which are not compatible with international human rights treaties. In addition, the critical normative theory of the intellectual commons holds that the freedom to contribute to the intellectual commons ought to acquire statutory content substantive enough to give commoners the ability for its meaningful practice.

UWP has published several book titles all available open access including Peer to Peer (Bauwens et al), Incorporating the Digital Commons by Benjamin Birkinbine, The Commons: Economic Alternatives in the Digital Age (Vangelis Papadimitropoulos). Communication and Capitalism: A Critical Theory also discusses the ‘Communication Society as a Society of the Commons’.

Intellectual Commons and the Law was published on the 25 November 2020.

Democracy without Shortcuts Debated

Democracy without Shortcuts Debated

A new special issue of the Journal of Deliberative Democracy is out now. A star line up of scholars considers the arguments of Christina Lafont’s new book Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy discussing topics such as minipublics, assemblies, blind deference, everyday publics and several others in the fields of public participation and deliberative democracy. Christina Lafont responds. Contents follow.

CONTENTS

Democracy without Shortcuts: Introduction to the Special Issue
Nicole Curato,  Julien Vrydagh,  André Bächtiger, University of Canberra,Vrije Universiteit Brussels, University of Stuttgart

Commentary on, Cristina Lafont, Democracy Without Shortcuts
Jürgen Habermas, University of Frankfurt

A Citizen-Centered Theory
Jane Mansbridge, Harvard University

Between Full Endorsement and Blind Deference
Robert E. Goodin, Australian National University

Towards a More Robust, but Limited and Contingent Defence of the Political Uses of Deliberative Minipublics
André Bächtiger,  Saskia Goldberg University of Stuttgart

It’s Not Just the Taking Part that Counts: ‘Like Me’ Perceptions Connect the Wider Public to Minipublics
James Pow,  Lisa van Dijk,  Sofie Marien, Queens University Belfast, KU Leuven, KU Leuven

The Derailed Promise of a Participatory Minipublic: The Citizens’ Assembly Bill in Flanders
Ronald Van Crombrugge, KU Leuven

Citizens Without Robes: On the Deliberative Potential of Everyday Politics
Simone Chambers, University of California, Irvine

Participatory Deliberative Democracy in Complex Mass Societies
Mark E. Warren, University of British Columbia

Another Way for Deepening Democracy Without Shortcuts
Tetsuki Tamura, Nagoya University

Against Anti-Democratic Shortcuts: A Few Replies to Critics
Cristina Lafont, Northwestern University

TOUCH makes three

TOUCH makes three

The Law and the Senses series has now reached out to three of the five canonical senses with the publication of TOUCH, after SEE and TASTE. The series comes from the University of Westminster’s Law and Theory Lab.

Contributions in TOUCH consider many themes including brass rubbing, the layers of urban history and touch; a contract with nature unfolded via touch; desire, touch and a kind of vertical leap of consciousness that gazes on an object of knowledge in literary thought; brain stimulation within certain psychiatric regimes; and the illicit touch of books bound in human skin and narratives surrounding Auschwitz victims’ tattoos. Erin Manning’s consideration of synaesthesia and other ways of knowing develops the idea of ‘distantism’ at the heart of accounts of body-world separation.

In her introduction Caterina Nirta also reflects on why touch is the ‘essential’ sense according to Aristotle and others and the ‘tactful intrusions of the law and the untactful movement of touch’.

CONTENTS

Judgement Day!

Judgement Day!

‘What does it mean to judge when there is no general and universal norm to define what is right and what is wrong? Can laws be absent and is law always necessary? ‘

Our latest open access book title Dies Irae is out now. Jean-Luc Nancy’s reflection on nature and basis of law and judgement is our first translation is now published.

UWP 2019 catalogue out

UWP 2019 catalogue out

Delighted to announce the arrival of UWP 2019 catalogue. Forty-six pages of books and journals. All UWP published titles are open access.

Following our first book title published in October 2016 Critical Theory of Communication by Christian Fuchs, we are now listing 44 with over 13 titles published or firmly scheduled in our flagship Critical and Digital Media Studies series.

There are books in Media Studies, Politics/Theory, our Law and the Senses series, Geography, History and Education. And some details of our published two journals Westminster Papers in Communication and Culture and Entertainment and Sports Law Journal.

You can download, then view the catalogue here.

uwestminsterpress.co.uk