论数字版权的刑法保护

数字版权的刑法保护是近几年来兴起的一项交叉且边缘性的研究领域。随着数字产业在我国的发展,大量的版权违法犯罪也相伴而生,然而中国现阶段侵犯知识产权犯罪立法却存在着诸多弊端。笔者建议,通过立法,扩大刑法保护对象,修改犯罪行为方式,进一步加大著作权的刑法保护力度,完善数字版权的刑法保护体系,从而达到更好地保护网络知识产权的目的。     

Strategic spatial planning – a missed opportunity to facilitate district heating systems based on excess heat

ABSTRACT

Strategic spatial planning is important for developing long-term visions and strategies towards regional and local sustainability. This paper explores if and how strategic spatial planning could be useful for overcoming some barriers related to new sustainable ways of heating residential areas, using district heating systems based on industrial excess heat. This longitudinal study builds on interviews with municipal and private actors in six Swedish municipalities. It highlights that important barriers can be overcome by influencing the design and location of residential districts and industrial activities. Further, it identifies missed opportunities in local spatial planning practice as stakeholders are involved late in the planning when much is set, leaving little space for stakeholders to have an impact. Consequently, there might be a lack of knowledge and expertise in how such issues could enhance planning. Strategic spatial planning could facilitate conditions for excess heat-based systems of district heating as it implies a broader systems perspective which could enhance a broader planning scope. Plan programs could bring about more strategic spatial planning processes as these require early stakeholder involvement. If taking stakeholder involvement one step further to stakeholder collaboration or co-production, an even broader planning scope would be achieved.     

Discourse,justification and critique: towards a legitimate digital copyright regime?

Digitization and the internet have posed an acute economic challenge to rights holders in the cultural industries. Faced with a threat to their form of capital accumulation from copyright infringement, rights holders have used discourse strategically in order to try and legitimate and strengthen their position in the digital copyright debate with governments and media users. In so doing, they have appealed to general justificatory principles – about what is good, right, and just – that provide some scope for opposition and critique, as other groups contest their interpretation of these principles and the evidence used to support them. In this article, we address the relative lack of academic attention paid to the role of discourse in copyright debates by analysing user-directed marketing campaigns and submissions to UK government policy consultations. We show how legitimacy claims are justified and critiqued, and conclude that amid these debates rests some hope of achieving a more legitimate policy resolution to the copyright wars – or at least the possibility of beginning a more constructive dialogue.     

Armitage on Locke on International Theory: The Two Treatises of Government and the Right of Intervention

Summary

The paper examines David Armitage's claim that Locke makes an important contribution to international theory by exploring the place of international relations within the Two Treatises of Government. Armitage's suggestion is that the place of international theory in Locke's canonical works is under-explored. In particular, the paper examines the implication of Locke's account of the executive power of the law of nature which allows third parties to punish breaches of the law of nature wherever they occur. The corollary is a general right of intervention under the law of nature. Such a right could create a chaotic individualistic cosmopolitanism and has led scholars such as John Rawls to claim that Locke has no international theory. In response to this problem the paper explores the way in which Locke's discussion of conquest, revolution and the right of peoples to determine the conditions of good government in chapters xvi to xix of the second Treatise contributes to a view of international relations that embodies a law of peoples.     

Cultivating Student Research and Study Skills in Web-based Learning Environments

The use of Web-based learning environments involves cultivating new types of study and research skills among students. Students must be able to find authoritative sources efficiently, evaluate the quality of documents thoroughly, and use and cite materials properly. Students may also need guidance in what constitutes appropriate conduct in respect of the Internet and Web. They need to understand the difference between citing a source and plagiarizing it, how to communicate effectively and courteously by email, and how copyright law applies to resources they wish to use. These issues can be addressed in classroom discussion or in exercises woven into online learning materials and assignments.     

TEFL tourism: the tourist who teaches

ABSTRACT

There is evident lineage between the concepts of teaching English as a foreign language (TEFL) and tourism, represented through evocative marketing material, the commoditisation of the TEFL product, teacher motivations and experiences. Yet, to date there has been little attention paid to this relationship. The amalgamation of the two concepts brings rise to the introduction of the niche form of tourism ‘TEFL tourism’, where the tourist travels outside of their usual environment to teach English as a foreign language and whose role shifts between tourist, educator and educatee at various points in their trip. The TEFL tourism phenomenon is explored through the use of a two-phase research approach employing the qualitative examination of blogs written by TEFL teachers and quantitative surveys. Drawing parallels with associated tourism forms including volunteer, education and philanthropic, it is concluded that TEFL tourism is an entity in its own right, with unique characteristics and motivations presented by TEFL tourists. The use of logistic regression facilitated the analysis of TEFL teacher types, presenting a typology classifying tourists as leisure-minded, philanthropy-minded, career-minded and expatriate-minded. This case-study examination facilitates initial comprehension of the TEFL tourism industry, providing basis for subsequent research to be undertaken to enable enhanced sustainable management of the TEFL industry worldwide.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

Maps in Italian atlases of the sixteenth century,being a comparative list of the Italian maps issued by Lafreri,Forlani, Duchetti,Bertelli and others,found in atlases

ABSTRACT

In 1771, Daniel Paterson entered into a publishing agreement with the bookseller Thomas Carnan to print and publish a travel itinerary known as Paterson’s Roads. This book was to become the most enduringly popular practical road book of the period. However, Paterson and Carnan were soon embroiled in litigation. This article examines the legal cases that arose when the geographical information contained in Paterson’s Roads was re-used, and improved upon, in a subsequent publication. It explores the background to the cases, focusing on what they reveal about the inner workings of the book and map trade of the period, as well as considering some of the broader historical ramifications. The article also demonstrates that these cases are of ongoing legal significance because they played an important role in developing some of the doctrines and principles of copyright law that continue to be controversial today.     

Explanations of firm survival in renewable energy in the United States: a study of ethanol refineries

ABSTRACT

Firm survival is key in understanding the evolution of industries and the larger economy. Although exit and entry are common occurrences during an industry’s life cycle, it is not always easy to predict who will survive. Literature suggests a range of factors, both internal and external to the firm, and corresponding measures as determinants of survival or exit. However, these measures do not directly explain firm-level strategies such as internal adjustments to external conditions. In this paper, we use the U.S. biofuel industry to examine firm survival. As a resource-based industry focused on process innovation, biofuel production attracted farmer-entrepreneurs and related-industry investors after policies mandates and subsidies generated a dedicated market for the fuel. Despite support, not all firms survived a period of industrial sorting that followed the 2007–2008 recession. This study shows that local connections/embeddedness, knowledge base and knowledge sharing, and entrepreneurial efforts were critical for firm survival in addition to age, capacity, ownership, and location.     

Sami Tourism and the Signposting of Spirituality. The Case of Sami Tour: a Spiritual Entrepreneur in the Contemporary Experience Economy

Abstract

The tourism industry provides an important insight into cultural heritage production and marketing. Therefore, it is also important to look at what elements and components are selected to represent a chosen culture in the context of tourism, where some cultural elements are placed at the forefront while others are silenced. There is an increasing tendency to highlight religious symbols and conceptions in the marketing of a tourist destination and many major tourist sites have developed largely as a result of their connections to sacred people, places and events. One of these sites is analysed, namely the location Sápmi as it is marketed on the tourism web portal www.samitour.no, where New Age spirituality in conjunction with local indigenous traditions are highlighted to promote Sápmi as a tourist site. The focus is on the signposting of religious symbols as a resource in a tourism context and the challenges connected with the merger of spiritual and commercial values.     

When the rule of law met rule by the party: the conflicts between Baptist schools and the local Guomindang in Republican Suzhou

ABSTRACT

This study examines the relationship between the Guomindang (GMD) and the courts by focusing on the 1929 conflicts between the Suzhou Baptist schools and the local GMD party apparatus. The GMD regime supported the principle of rule by the party. At the local level, the GMD’s rise was often stymied by the independent judiciary whose judgments were based on the principle of the rule of law. The local party might not have been able to control the local court in the early years of the GMD regime, but it did steadily alter state-society relationships, as it could benefit from the local court’s commitment to the rule of law. For instance, the district court in Suzhou actively defended the principle of rule by the party in conflicts between Baptist schools and the local party because the GMD had made that principle the law of the land.     

Why a resale royalty was rejected in Australia

In 2004 the Australian Opposition party introduced to Parliament a private member’s bill proposing the amendment of Australian copyright law to include an artist’s resale royalty. In response to the bill the Government released the Proposed Resale Royalty Arrangement Discussion Paper, which successfully provided a tangible foundation for discussions and stimulated the first strong academic debate regarding a resale royalty within Australia. Despite overwhelming support from respondents, in May 2006 the Government announced it would not support the adoption of a resale royalty right and the Resale Royalty Bill 2004 failed to pass through Parliament. The rejection of a resale royalty by the Australian Government illustrates the ongoing difficulty of incorporating civil law notions of creative rights, and moral rights in particular, into common law – particularly as the Australian Government’s approach to policy making is increasingly underpinned by economic rationalism.     

Technology and crisis: The great depression of the middle ages and the technology of the renaissance (fourteenth to sixteenth centuries)

An extremely violent crisis hit Western Europe towards the end of the Middle Ages: population, prices and agricultural production declined; the stretch of cultivated land shrank when, simultaneously, wars and internal troubles shook up the new states. While the technological level remained stagnant in agriculture as well as in the textile and building industries, it progressed remarkably in other sectors, particularly those of mining and metallurgy. The interpretation of these facts is a delicate matter; however, it is possible to throw light on the lack of interest for agricultural stock, on the states’ need of metal required for both money and the ongoing wars, and finally, on the investment possibilities of the holders of new technologies.     

Exploring stakeholder groups through a testimony analysis on the Hawaiian aquarium trade

ABSTRACT

A remote archipelago, Hawai'i, offers a plethora of sought after coastal and marine tourism experiences. The same unique marine fauna that draws tourists also makes Hawai'i a major player in the international ornamental aquarium trade. For many residents of Hawai'i, the marine realm is part of their island home and interactions with tourists and tourism activities are a part of everyday life. For many residents, the ocean is an important resource and for some a staple source of livelihood, be it through tourism, fisheries, or the aquarium trade. This variance between extractive and non-extractive marine resource use creates conflicts between stakeholder groups in Hawai'i. This study thematically analyzes public testimony records, which included 1652 individual testimonies, from proposed legislation aimed to establish ‘an aquatic life conservation program in the Division of Aquatic Resources to implement conservation measures, including limited entry areas and certification requirements, to regulate the collection of fish and other aquatic life for aquarium purposes. Public opinions evident in individual testimonies are representative of the disagreement in the literature regarding the stability and health of reef fishes populations in Hawai'i and broader resource-user conflicts. This study aims to better describe the user conflict between stakeholder groups in the marine resources of Hawai'i by exposing themes concerning change in natural environments.     

Children’s participation in research on sensitive topics: addressing concerns of decision-makers

ABSTRACT

Although there is general agreement about children’s engagement in social research, some researchers continue to experience challenges when seeking approval and support for children’s participation from a range of adult stakeholders, particularly when the research involves a sensitive topic. These challenges may reflect different perspectives, conflicting interests, needs or expectations. This paper explores factors that influence the decision-making of key stakeholder groups, including Human Research Ethics Committees, parents and organisational representatives. Building on the kind of objective, rational reasoning that underpins much ethical decision-making, the findings, from interviews with 42 participants across stakeholder groups, draw attention to influential issues grounded in perceptions of: the institution and researcher undertaking the research; the project itself; children’s characteristics and contexts. Collectively, such issues point to the critically important role of mutually respectful relationships between researchers and stakeholders as the basis for designing and implementing ethical research that gives close attention to stakeholder concerns.     

Natural Law,Poetic Justice and the Talionic Formulation

Abstract

Significant elements of natural law are reflected in the statements of corporal punishment presented in biblical law. In relation to the “eye for eye” clause from the talionic formulation, it is suggested that acts of blinding were perceived also as a form of punishment of an offending organ and can, therefore, be classified as examples of “instrumental talion.” This is distinct from measures which focus on the character of the sinner, or the nature of his crime, which are differentiated as “reflective talion.” Both processes convey an underlying desire for poetic justice, evidenced in biblical and ancient Near Eastern sources, where aetiological explanations clarify accounts of serious injuries to the eyes.     

Between the "Already" and the "Not Yet": A Peace Perspective and a Catholic Theological Viewpoint on Religion and Politics

Abstract

Taking an interdisciplinary approach, this article questions the mainstream idea about the relationship between religion and politics that associates the church and state separation with a strict private—public division. Agreeing with the former distinction, we criticize the latter from the perspectives of both Catholic theology and peace and conflict studies. Both fields offer adequate reasons to challenge this narrow dualism, envisioning the spheres of religion and politics as complementary and mutually enriching. In response to increased violence involving religions across the globe, "religious peacebuilding" is currently developing approaches to explain such conflicts and inform peacebuilding methods and strategies. Additionally, the theological-emphasis on the eschatological presence of the "already" appeals to Catholic faith to pertinently reflect upon and frame public life. Consequently, we plead for the critical and beneficial engagement of religions in the public sphere as "not yet" sufficiently acknowledged.     

The Responsibility of Science for the Future of Mankind

Abstract

Science and technology have brought immense benefits to man, yet through them he has become divorced from nature and he has failed to understand them. Adverse effects have been deliberately hidden, and when they became obvious, have turned science into a scapegoat. Scientists are here presented as unconcerned with the social consequences of their work, whether it affects industry or politics. The endless scientific future is now seen to have strict limits, and, the author proposes, scientists must devote themselves to the problems of mankind's future. Above all, scientists must explain their work in a language which all can understand, so that man can feel again at ease in his scientific civilization.     

Biblical Law and Human Formation

Abstract

The article aims to show a relationship between biblical law, or Torah, and human formation or spiritual growth. In a sympathetically critical dialogue with Burnside’s God, Justice and Society, and biblical theologians such as G. von Rad, H. H. Schmid, E. Otto and F. Crusemann, it considers the proper human response to law in terms of a vocation to understand the divine ordering of reality. Specific topics addressed include the relationship between “revealed” law and universal knowledge, law and wisdom, biblical law’s capacity to critique cultural norms, and the mandate implicit within biblical law for ongoing reinterpretation, across cultural boundaries.