Thesis--Copenhagen. / "Litteraturfortegnelse": p. [412]-416.

Owning Culture demonstrates how the fabric of social life in most Western countries—and increasingly, the world—is deeply bound up with the logic(s) of intellectual property law. The primary new question that is asked, which provides the focus for this dissertation, is the following. What happens to an area of cultural production that had been previously (relatively) untouched by the sphere of intellectual property law when that area is immersed in these new social relations? To better understand why people resist, adapt, or cease to engage in cultural practices at particular historical moments and in situated social contexts, I use articulation theory to help me identify and map the particular elements at play in the privatization of culture. By primarily focusing on ownership patterns, battles over ownership, and the effects of the corporate ownership of culture, political economists have ignored many interesting questions that are raised when cultural texts become commodified and subject to laws of private ownership. If one looks beyond the political economy of cultural production and shifts the unit of analysis to the location where culture is produced, a whole new set of questions emerge—questions that focus on the way in which intellectual property law affect the day to day lived experiences of cultural producers and consumers.

Thèse--Universit́e de Paris. / "Bibliographie": p. [v]-x.

Based on ethnographic research in Bhutan and among Bhutanese living in Nepal, this thesis examines the reach of law in everyday life in contemporary Bhutan. Drawing on inter-linked themes of social values drawn from Buddhist teachings and the importance of morality, power and legitimacy, I examine popular discourse of and about law. It contributes to current arguments in socio-legal studies and anthropology concerning the reach of law in contemporary societies and its significance in everyday life. Furthermore, my thesis represents the first ethnographic account of law and society in Bhutan. It makes a valuable contribution not only to our understanding of Bhutan, but also provides an ideal opportunity to examine everyday conceptions of law as the Bhutanese State promotes legal change that draw on non-indigenous models. The thesis considers the impact of the creation of a modem, independent judiciary and recent changes in legal education and the increasing amount of legislation and secondary regulations. However, the everyday construction of law, as well as the meanings and uses to which law are put, raises problems. Therefore, I turn to examine how ordinary people create and develop a sense of the law by focussing on the development of legal consciousness. To do this, I look less at the formal legal processes of the law than at the narratives about law from a number of Bhutanese. These narratives focus on the importance of community values and notions of morality and legitimacy, which simultaneously draw on a prevalent authoritative public discourse concerning social behaviour and individual re-interpretations and resistance within the broad framework of the discourse. I examine the interrelationship between these various features, which evoke, on an individual level, a sense of "legal consciousness" and I develop how this informs daily life. This interrelationship highlights the dynamism of the process and the fluidity of ideas and adaptability to changing needs and relationships of power. This approach allows for an examination of law situated within, rather than separate from, everyday life in order to analyse the fragmentary and often inconsistent use made by individuals of the legal orders and forums available to them.

No description available.

In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that emerged in the eighteenth and nineteenth centuries. The thesis explores this hypothesis by bringing elements of the discipline of comparative law (conventionally state based) into play with elements of the discipline of legal anthropology (conventionally culture based). The focus for this theoretical intrigue is an Gitano population in the South of Spain that served as the fieldwork locale for seven months of ethnographic fieldwork carried out in 1995. Investigations are centered on the theme of family law. Familiar notions of state and culture, and the legal sensibilities associated with each, are examined through exploring the interplay between local expressions of Gitanitude in Jerez de la Frontera and regional, national, international, and global forces that structure legal sensibilities in the area. The first chapter explores the interplay by focusing on the context surrounding Spain's reforms to family law in the 1980s. The familiar frontiers of the state are prodded through this analysis. The second chapter then explores the frontiers of culture through an examination of a variety of expressions of Gitanitude in Spain. The third chapter brings modified versions of state and culture together in a reconceptualisation of family law. As a whole, the thesis suggests a new way of approaching the problematic relationship between context and the disciplines of comparative law an

Orientador: Guita Grin Debert / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas / Made available in DSpace on 2018-08-15T21:14:18Z (GMT). No. of bitstreams: 1 Oliveira_MarcellaBeraldode_D.pdf: 2982653 bytes, checksum: 82ade3351bb779f78d153d4cc2d94032 (MD5) Previous issue date: 2010 / Resumo: Essa pesquisa está inserida no tema da 'administração institucional de conflitos' e oferece elementos para a análise da 'mediação' como um campo de práticas e saberes em desenvolvimento no Brasil. Busca-se entender, mais especificamente, como opera a dinâmica dos atendimentos de mediação extrajudicial e o que essa dinâmica produz como justiça. As investigações de campo tiveram como foco dois projetos de Balcão de Direitos da Secretaria Especial de Direitos Humanos da Presidência da República: Centro de Mediação de Olinda/PE e Balcão de Direitos da ONG Viva Rio. Centrou-se, sobretudo, na etnografia da dinâmica dos atendimentos de mediação em Olinda, na análise da documentação produzida pelas duas instituições, bem como na realização de entrevistas com mediadores, atendidos, agentes comunitários e gestores desses projetos. Além disso, esta investigação resgatou os dados da pesquisa de mestrado, sobre a conciliação no Juizado Especial Criminal, em Campinas. Estas instituições fazem parte do que denominei de justiças do diálogo, que trazem uma dinâmica comunicacional, pautadas em um estilo não adversarial de administração de conflitos. Esse trabalho mostra que a mediação opera a partir de três ideais principais: o que busca, por meio da comunicação, o restabelecimento de laços comunitários, em que se pressupõe uma convivência pautada na igualdade e na democracia em que se compartilha noções de 'justo' e 'injusto', possibilitando assim o diálogo; o outro está orientado pela agilidade e desburocratização da Justiça; e, o terceiro, centra-se no esforço de ampliação do acesso à justiça e, sobretudo, aos direitos da cidadania para população de baixa renda. Esses ideais aparecem mesclados nos atendimentos da mediação, refletindo na multiplicidade de práticas levadas a cabo pelos mediadores nas instituições pesquisadas. E orientam a produção de diferenciações e hierarquias, nas relações entre os sujeitos envolvidos na mediação (mediadores, agentes comunitários e atendidos) e na relação entre a própria justiça do diálogo e a justiça comum. As práticas de mediação estudadas acabam produzindo, não um sujeito de direitos da cidadania, mas evidencia-se o reconhecimento das mulheres como 'sujeitos da pensão alimentícia', por meio do controle educativo das famílias pobres e da 'evitação' do sistema de justiça. A própria experiência de trabalho nos Balcões revela aos mediadores, os problemas da comunidade, seus vícios, preconceitos e perigos, impondo-os a tarefa monumental envolvida em promover o acesso a direitos básicos da cidadania, num contexto em que hierarquias de poder marcam as clivagens econômicas, de gênero e de geração / Abstract: This research is placed within the subject of 'institutional conflicts management' and provides elements for the analysis of 'mediation' as a field of practices and knowledge developed in Brazil. We seek to understand, more specifically, how the dynamic of extrajudicial mediation operates and what it produces as justice. The field investigations were concentrated on two projects of Balcão de Direitos from the Special Secretariat for Human Rights of the Brazilian Federal Government, which are the following: Centro de Mediação de Olinda/PE (Mediation Center in the city of Olinda in the state of Pernambuco) and Balcão de Direitos of Non Governmental Organization (NGO) Viva Rio. This research is focused mainly on an ethnographic study of the dynamic of mediation in Olinda as well as the analysis of documents produced by the two institutions and interviews with mediators, citizens, the community agents and managers of such projects. Furthermore, this research analysed the data gathered under my master regarding the conciliation in the Small Claim Criminal Court (Juizado Especial Criminal), in Campinas. These institutions are part of the justices that I have named dialogue justices, which brings a communication dynamic, guided in a non-adversarial style of conflict management. This work showed that mediation operates with three main ideals: one which seeks, through communication, the restoration the bonds of communities, which is guided by a presupposition on a coexistence based on equality and democracy, that are shared notions of 'fair' and 'unfair', that enable such dialogue. The other is oriented by agility and des-bureaucratization of Justice. And the third focuses on efforts to increase access to justice, especially the rights of citizenship for low-income members of the population. These ideals appear to be merged in the mediation dynamic, reflecting the multiplicity of practices carried out by mediators in the institutions surveyed. It also operates the production of differentiations and hierarchies in relations between the subjects involved in the mediation (mediators, community agents and the public) and in the relationship between the dialogue justice and justice courts. The mediation practices studied ended up producing, not a subject regarding the rights of citizenship, but an evident recognition of women as 'subjects of child support'. The mediation operates by the logic of a pedagogical control for poor families and the 'avoidance' of the justice system. The actual research carried out in the Balcão de Direitos reveals to mediators, the community problems, their vices, prejudices and dangers. It also imposes on them the monumental task involved in promoting access to the basic rights of citizenship in a context where hierarchies of power mark the economic, gender and generation cleavages / Doutorado / Estudos de Gênero / Doutor em Ciências Sociais

The shifting topography of contemporary Japanese society is engendering a significant reorientation of men’s family relations. However, exactly how Japanese men are adapting to these broad-based trends, including parent-child relations, demographics, marriage norms, care provision, residential choices, and gender roles, as well as in the decline of Confucian worldviews, remains relatively obscure. In this dissertation, I explore men’s everyday practices underpinning their family relations as husbands, fathers, sons-in-law, and grandfathers. I conducted ethnographic fieldwork in the summers of 2013 and 2014 in Hyogo, through narrative interviews and participant-observation. I find husbands’ view of their wives transitioning from having a culturally prescribed duty to perform domestic matters to simply having responsibility for domestic matters. This opens up space for negotiation within married couples, with my informants providing what I refer to as additional help, which offers new insight into charting the evolution of hegemonic masculinity. I evidence relatedness founded on exchange as an approach to understand relations across the extended family, which importantly involves additional help, financial resources, and intimacy. I underscore how men selectively seek intimacy in some family relations, notably as fathers and grandfathers. Provision of additional help and seeking of intimacy lead to men’s (re)construction of masculinities differing across family relations, with an important reason for men to select their practices so as to craft their family relations is to address their sense of well-being. Further, the pattern of men’s family relations reveals the emergence of substantially novel sons-in-law relations, as compared to that found in ie patriarchal norms. This evidence suggests a fundamental shift from a vertically-dominated set of family relations, as in the ie household, to a more horizontal, fluid set of relations across the extended family.