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With its assessment of cases involving Oscar Wilde, Cindy Lee Garcia, Arne Svenson, and Hulk Hogan and analysis of authorial inquiries raised by slavery daguerreotypes, surveillance art, paparazzi photographs, revenge porn, and celebrity sex tapes, Chapter 1 identifies and critiques the problematic conflation of copyright’s authorship and fixation requirements that functions to deny performers property interests in creative works. Copyright’s authorship-as-fixation regime rests on a faulty premise, betrays copyright law’s role in recognizing and rewarding creativity, and denies authorial rights to a class of individuals – subjects – who provide significant original contributions to works within copyright’s traditional subject matter. Just as significantly, given the dramatic disparities in capital accumulation and control over the tools of creative production and continuing inequalities in the representation of women and persons of color behind the camera, the authorship-as-fixation doctrine has had far-reaching societal consequences by propertizing the white male gaze and giving legal bite to a system of production and ownership that imbues rightsholders with the power to control representations of female and non-white bodies.
A culmination of the case for reform, Chapter 8 offers a blueprint for a Universal Partial Defence (UPD), based on an expanded version of the diminished responsibility defence. The proposal actualises the Real Person Approach (RPA) in criminal law doctrine by facilitating consideration of a richer account of rational agency and a wider array of situations that may bear on culpability, in recognition of the vulnerable nature of personhood. In line with the features of the RPA, the UPD expresses conceptual feasibility by relying on bounded causal theory to legitimise the expansion of doctrine, as outlined in Chapter 7. Key requirements of the proposal are explained, and the boundaries of the defence are tested, for example, with an analysis of the potential impact of a cultural defence, and the place of loss of control/provocation-type claims. The chapter concludes with consideration of practical challenges and possible outcomes of a successful defence.
This chapter asks: how did notions and practices of individual equality arise out of the growing marketisation and monetarisation of economic production, exchange and consumption?
From May 1915 till the end of 1917, 200 generals commanding the major fighting units and at least 600 senior officers were sacked by Cadorna’s direct order or authorization. Though not only an Italian phenomenon, the degree of that officer purge is puzzling. Cadorna always inflexibly defended his absolutist (pre-modern) handling of the officer cadres: he would weed out any commander rumoured to be weak or cowardly, but likewise anyone who contradicted a superior or voiced doubts as to the certainty of victory, or the infallibility of the Chief. Still more draconian were his disciplinary measures against the troops. Cadorna set out to eliminate three great enemies within his army: the soldiers’ indiscipline and cowardice, indecision by the officers, and leniency by the courts. These he pursued by dint of special tribunals and ordering an extraordinarily high number of executions. ‘Discipline is the spiritual flame of victory’, ran one of his best-known circulars, issued in the first September of the war. And, particularly revealing of the supreme commander’s inflation of the discipline factor: ‘the most disciplined troops win, not the best trained’.
Chapter 7 draws on Nietzsche’s autobiographical writings to focus in on his philosophical methods. Here I identify the three features of genealogical analysis. First, Nietzsche attests to being gripped and limited by theological and moral prejudices, which, as he further suggests, functioned to constrict his evaluative horizons (GM P 3). Second, Nietzsche substantiates further that those deeply entrenched patterns of value and habits of thought, which (non-consciously or pre-reflectively) shaped his outlook, also oriented him in a particular way toward his suffering. As a way of combating that precarity, he adopts, for a time at least, thoroughly moralized responses: He warded off precarity through decadence in the forms of either world-denial (pessimism) or ascetic self-renunciation. Finally, he confirms that refracting these automatic responses through his long-drawn-out illnesses opened up, for him, a new line of sight.
This chapter is concerned with Gibbs’ statistical mechanics. It relies on developing the constraints imposed by Hamiltonian mechanics on the time evolution of a general probability density function in phase space. This is effectively done by using the notion of Hamiltonian flow and material derivative. Combining conservation of probability with Liouville’s theorem of Hamiltonian mechanics gives rise to Liouville’s equation, which is a cornerstone equation of both time-dependent and equilibrium statistical mechanics. From there on, the chapter focuses on equilibrium statistical mechanics and introduces the canonical and microcanonical Gibbs’ ensembles. The chapter takes a step-by-step approach where the main ideas are presented first for one particle in one dimension of space, and then reformulated in more increasingly more complex situations. Important properties such as the partition function acting as a moment generating function are derived and put in practice. Finally, a whole section is dedicated to little know works from Gibbs on statistical mechanics for identical particles. Finally, the grand canonical ensemble is also introduced.
Kant’s criticisms between the Groundwork (1785) and the Metaphysics of Morals (1797) do not eradicate perfectionism but transpose it to a new register, the perfection of freedom itself and the conditions of its exercise. Kant’s evocative but incomplete statements of his political position after 1785 elicit numerous debates among Kantians on the basis and limits of state action. Early Kantians view progress as the outcropping of spontaneous freedom, not as administered and imposed. These debates, involving Hufeland, Reinhold, and Humboldt, offer various combinations of Leibnizian and Kantian ideas. In response to Kant’s Groundwork, Hufeland justifies legitimate political constraint through its contribution to systemic perfection. Wilhelm von Humboldt’s early formulation of the limits of state action derives from Kantian anti-paternalism, the Groundwork assertion of the inviolability of rational beings, combined with a modified Leibnizian monadology admitting interaction. His defence of a minimalist state is a possible but not a necessary consequence of Kantian premises. It draws criticism from Karl von Dalberg, who defends Wolffian reformist interventionism.
Chapter 7 considers the severity threshold in the Act. Examining how the law establishes severity, it asks whether the threshold can be justified – particularly given that the Act’s standard definition of disability (which is based on functional deficit) applies a lower threshold of substantiality. It argues that the severity threshold is out of step with the lived experience of visible difference and explores whether the concept of perceptive discrimination can be used to bypass this problematic threshold. This chapter also addresses the problem of complex conditions – those which include both an aspect of disfigurement and of function – and concludes that, mirroring academic debate about the rigidity of models of disability, the law’s approach is not flexible enough to encompass all types of disabling barrier holistically.
Since the initial description of catatonia in 1874, three different distinct clinical and neurobiological frameworks have emerged. The first emphasizes psychomotor and affective aspects, building on Karl Ludwig Kahlbaum’s legacy. The second focuses on motor symptoms alone, influenced by the work of Emil Kraepelin and Eugen Bleuler. The third introduces the Wernicke–Kleist–Leonhard concept of psychomotor abnormalities such as catatonia as a significant neuropsychiatric framework. This chapter critically examines all three frameworks from both scientific and clinical perspectives, highlighting their advantages and disadvantages in research and treatment. The chapter will also delve into common synergies between neurobiological and clinical studies, discussing how these can inform the day-to-day management of catatonia. Furthermore, we will analyze the current classification systems of DSM-5 and ICD-11 and their relation to the described frameworks, with a focus on their strengths and weaknesses in diagnosing catatonia. Finally, this chapter will introduce a novel approach that links neural correlates and subjective experience of catatonia through their spatial (space) and temporal (time) patterns. This chapter will provide a comprehensive overview of diagnostic approaches and their clinical implications.
Before returning to the Philippines, MacArthur and his subordinates first had to forge the instrument that would propel the Allies along the road to Tokyo. These forces next had to learn how to survive in a forbidding and alien environment. Then they had to learn how to fight and coordinate their efforts among the various arms and services. By the end of the New Guinea campaign, MacArthur’s forces had honed their capabilities in amphibious operations and island warfare. MacArthur found commanders of his air, naval, and ground forces who were competent and loyal. MacArthur and his subordinate commanders created the powerful joint team that would propel US forces back to the Philippines. With the Bataan Gang at its core, SWPA headquarters had grown from scratch to become a robust theater staff. Also built from humble beginnings, the Central Bureau had cracked Japanese codes, providing MacArthur and his key subordinate leaders with invaluable intelligence. SWPA had created a logistics structure that could support operations over oceanic distances. Allied medical personnel had largely eliminated malaria as an impediment to future operations.
A sense of curiosity and active citizenship can be nurtured in children from a young age. Through a range of immersive and place-based experiences, children can start to make sense of the world around them and demonstrate their social agency. The Australian Curriculum: History focuses on developing an awareness of key features of family and local history and community heritage from Foundation to Year 2. Its key purpose is to make early historical inquiry meaningful, memorable, creative and exploratory. Civics and Citizenship education can help to provide opportunities for children to express their ideas and understand their communities. A dynamic, multiperspectival and affective understanding of the past, and its relationship with the present, is essential in a democracy.
Writings on hip hop education from hip-hop’s golden age onwards have often concerned themselves with the relationship between educational institutions, pedagogic practices and spaces and the vernacular identities and multicultural literacies of their disadvantaged students. This parallels and is related to the contentious educational debates that erupted during the so-called US culture wars of the 1990s concerning race, cultural identity, relevance and value. Accordingly, the chapter argues that a chief source of hip-hop education’s legitimacy derives from an abiding insistence amongst its practitioners and advocates that the more ostensibly “positive” and “conscious” examples of rap, in keeping with the black cultural continuum, express hip-hop’s inherent didacticism. I describe and examine these issues and their methodological and pedagogic claims – past and present – against a backdrop of moral panic that has long dogged rap music but also supplied it with critical impetus. The final section of the chapter offers a case-study of a recent British hip-hop education programme that seeks to make use of UK drill music to develop the capacities of educationally disaffected school-age young people.