The Rights of Creativity is a study of Swedish copyright history from the birth of Sweden’s first copyright legislation in the early 19th century to the passing of the current law in 1960. As the title suggests, the law is regarded as part of a wider cultural context and the dissertation moves beyond the borders of legal history and analyses the law in relation to the history of literature, film, television and other media that partly reflect and partly intersect with the legislative process. The main object of the study is to see how the author is constructed in legal and cultural discourses during the 19th and 20th century. The dissertation focuses on three Swedish copyright laws from 1877, 1919 and 1960, but these laws and their preambles are also related to a few contemporary cultural intertexts, namely: August Strindberg’s novel Röda rummet [The Red Room] from 1879; the director Mauritz Stiller’s films Gunnar Hedes Saga [The Blizzard] and Gösta Berlings saga [The Saga of Gösta Berling] from 1923 and 1924, and finally the television shows Hylands hörna and Skäggen from 1962 and 1963. Apart from this it also pays some attention to the Freedom of the Press Act from 1810 that came to include Sweden’s first copyright statement, as well as to the development after 1960. Eventually it aims to show how the historical legacy has affected the copyright legislation and debates of today. / Skapandets rätt handlar om hur den juridiska synen på upphovsmannen rätt och skapandets villkor har förändrats i förhållande till den kulturella utvecklingen i Sverige under 1800 och 1900-talet. Avhandlingen består av en kronologisk studie av de upphovsrättslagar som antogs 1877, 1919 och 1960, men den behandlar också 1810 års tryckfrihetsförordning och de senaste årens rättsutveckling i korthet. Denna upphovsrättshistoriska exposé placeras in i ett litteratur- och mediehistoriskt sammanhang och lagtexterna underkastas en intertextuell analys där deras relation till några olika kulturella intertexter analyseras. Inledningsvis diskuteras hur 1810 års Tryckfrihetsförordning kom att innefatta Sveriges första upphovsrättsbestämmelse. Därefter kontrasteras Sveriges första separata upphovsrättslag från 1877 mot August Strindbergs genombrottsroman Röda rummet, allt i ljuset av Jürgen Habermas teori om den borgerliga offentligheten. 1919 års lagstiftning relateras sedan till Mauritz Stiller filmatiseringar av Selma Lagerlöfs romaner En herrgårdssägen och Gösta Berlings saga. Instiftandet av dagens upphovsrättslag från 1960 analyseras slutligen mot bakgrund av den nya tidens TV-medium som här exemplifieras av Hylands hörna och Skäggen. Avslutningsvis knyts allt samman i en kapitel där historiens lärdomar appliceras på dagens debatt. Här diskuteras hur tre föreställda oppositioner mellan konstnär-publik, privat-offentligt och original-kopia har format upphovsrättens historia och hur de fortfarande färgar samtidens upphovsrättsdiskussioner.

The first rule of writing is an important one: writers should not plagiarize; what they write should be their own. It is taken for granted. But who made the rule? Why? And how is it enforced? This dissertation traces the history of proprietary authorship from the earliest distinctions between imitation and misappropriation in the humanist schoolroom, through the first recorded uses in English of the Latin legal term plagiary (kidnapper) as a metaphor for literary misappropriation, to an inchoate conception of literary property among a coterie of writers in early modern England. It argues that the recognition of literary misappropriation emerged as a result of the instrumental reading habits of early humanist scholars and that the subsequent distinction between authors and plagiarists depended more upon the maturity of the writer than has been previously recognized. Accusations of plagiarism were a means of discrediting a rival, although in this capacity their import also depended largely upon one’s perspective. In the absence of established trade customs, writers had to subscribe to the proprieties of the institutions with which they were affiliated. They were deemed plagiarists only when their actions were found to be out of place. These proprieties not only informed early modern definitions of plagiarism; they also helped define the perimeters of proprietary authorship. Authors who wished to make a fair profit from labours in print had to conform to the regulations of the Stationer’s Company, just as authors who maintained a proprietary interest in their manuscripts had to draw upon legal rhetoric, such as plagiary, in the absence of a legally recognized notion of authorial property. With new information technologies expanding the boundaries of proprietary authorship everyday, the proprieties according to which these boundaries were first defined should help teachers and researchers not only better to understand the nature of Renaissance authorship but also to equip their students for the future.

The first rule of writing is an important one: writers should not plagiarize; what they write should be their own. It is taken for granted. But who made the rule? Why? And how is it enforced? This dissertation traces the history of proprietary authorship from the earliest distinctions between imitation and misappropriation in the humanist schoolroom, through the first recorded uses in English of the Latin legal term plagiary (kidnapper) as a metaphor for literary misappropriation, to an inchoate conception of literary property among a coterie of writers in early modern England. It argues that the recognition of literary misappropriation emerged as a result of the instrumental reading habits of early humanist scholars and that the subsequent distinction between authors and plagiarists depended more upon the maturity of the writer than has been previously recognized. Accusations of plagiarism were a means of discrediting a rival, although in this capacity their import also depended largely upon one’s perspective. In the absence of established trade customs, writers had to subscribe to the proprieties of the institutions with which they were affiliated. They were deemed plagiarists only when their actions were found to be out of place. These proprieties not only informed early modern definitions of plagiarism; they also helped define the perimeters of proprietary authorship. Authors who wished to make a fair profit from labours in print had to conform to the regulations of the Stationer’s Company, just as authors who maintained a proprietary interest in their manuscripts had to draw upon legal rhetoric, such as plagiary, in the absence of a legally recognized notion of authorial property. With new information technologies expanding the boundaries of proprietary authorship everyday, the proprieties according to which these boundaries were first defined should help teachers and researchers not only better to understand the nature of Renaissance authorship but also to equip their students for the future.

This thesis discusses the interaction between the concepts of ”justice” (ma‛at) and ”law” (hpw) in ancient Egypt. Ma‛at, one of the earliest abstract terms in human speech, was a central principle and, although no codex of Egyptian law has been found, there is abundant evidence of written law, designed to realise ma‛at on earth. The king, as the highest legal authority, was the nexus between ma‛at and the law. Egyptologists have few sources of knowledge about law and justice in ancient Egypt because the ancient Egyptians used commonplace language in legal documents and they only had a few imprecise technical terms relating to law. For Egyptology to advance, therefore, we need to reappraise its sources. The Tale of the Eloquent Peasant has a strong legal background and should be treated as an additional source of information about how law and justice were perceived and carried out in ancient Egypt. / Classics and Modern European Languages / M.A. (Ancient Languages and Cultures)

Submitted by Renata Lopes (renatasil82@gmail.com) on 2018-05-10T12:04:38Z No. of bitstreams: 1 tatiananunesdacruz.pdf: 692783 bytes, checksum: 4ccf94a52df4feb8981664165dd6f693 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2018-05-10T12:06:25Z (GMT) No. of bitstreams: 1 tatiananunesdacruz.pdf: 692783 bytes, checksum: 4ccf94a52df4feb8981664165dd6f693 (MD5) / Made available in DSpace on 2018-05-10T12:06:25Z (GMT). No. of bitstreams: 1 tatiananunesdacruz.pdf: 692783 bytes, checksum: 4ccf94a52df4feb8981664165dd6f693 (MD5) Previous issue date: 2015-12-16 / PROQUALI (UFJF) / O presente trabalho dissertativo tem por finalidade demonstrar de que forma a temática do adultério feminino – abordada nos contos A cartomante, de Machado de Assis, e A dama do lotação, de Nelson Rodrigues – aponta para a metamorfose do discurso identitário feminino no decurso de aproximadamente um século, descortinando a influência das mudanças próprias da evolução da sociedade (tanto no âmbito jurídico, como no campo da moral e dos costumes) na ficção literária trazida a efeito pelos autores nos referidos contos. Em decorrência da riqueza temática do corpus literário elegido para análise nesta pesquisa, e no intuito de investigar a evolução do discurso identitário feminino em relação ao histórico do crime de adultério no ordenamento jurídico pátrio, desponta a necessidade de utilização de um referencial teórico interdisciplinar para subsidiar as reflexões concernentes ao processo de construção/transformação da identidade feminina, ao adultério (em especial o praticado pela mulher) e à relação entre o Direito e a Literatura. A partir de tais reflexões, fundamentadas no aporte teórico de autores como Antonio Candido, Arnaldo Sampaio Moraes de Godoy, Michel Foucault, e Simone de Beauvoir, dentre outros, pretende-se demonstrar que as escritas empreendidas por Machado de Assis e por Nelson Rodrigues em A cartomante e A dama do lotação, respectivamente, sugerem certa consonância com os panoramas social e jurídico em vigor no Brasil nos diferentes períodos em que os textos foram produzidos. Finalmente, mediante a análise das tramas desenvolvidas no corpus literário em questão, busca-se, ainda, explorar a factível ideia de que o processo inventivo de seus autores terá sido influenciado pelo olhar social lançado à figura da mulher, no passado subordinada à dominação masculina e hoje potencialmente mais liberta e independente. / This paper aims to demonstrate how the female adultery issue, that appears in the tales: A Cartomante, by Machado de Assis, and A dama do Lotação, by Nelson Rodrigues – reveals the transformation of the female identity discourse during almost a century, showing that the authors’ tales were influenced by the society changing and evolution, both in the legal and in the moral and manners field. Due to the richness theme of each tale and in order to analyze the evolution of the female identity discourse related to the historical adultery crime on Brazilian legal System, it was observed an interdisciplinary theoretical framework to guide reflections on aspects related to the female identity construction/transformation; adultery (mainly those committed by women) and the relationship between law and literature. Based on these reflections, supported by the work of several authors like Antonio Candido, Arnaldo Sampaio Moraes de Godoy, Michel Foucault, Simone de Beauvoir, among others; the paper aims to demonstrate that the literary works developed by Machado de Assis and Nelson Rodrigues in A Cartomante and A dama do lotação, respectively, suggest a certain level of conformity with the social and legal context established in Brazil at the time the texts were produced. Finally, analyzing the plots developed in the literary corpus under consideration, it is possible to explore the perfectly feasible idea that the authors creative process have been influenced by the way the society looked at the woman – in the past subjected to male domination and now potentially more independent and free.

No description available.

An ethical understanding of responsibility should entail a richly qualitative comprehension of the links between embodied, unique individuals and their lived realities of behaviour. Criminal responsibility theory broadly adheres to ‘rational choice’ models of the moral self which subsume individuals’ emotionally embodied dimensions under the general direction of their rational will and abstracts their behaviour from corporeal reality. Linking individuals with their behaviour based only on such understandings of ‘rational choice’ and abstract descriptions of behaviour overlooks the phenomenological dimensions of that behaviour and thus its moral significance as a lived experience. To overcome this ethical shortcoming, engagement with the aesthetic as an alternative discourse can help articulate the ‘excessive’ nature of lived reality and its relationship with ‘orthodox’ knowledge; fittingly, the comics form involves interaction of rational, non-rational, linguistic, and non-linguistic dimensions, modelling the limits of conceptual thought in relation to complex reality. Rational choice is predicated upon a split between a contextually embedded self and an abstractly autonomous self. Analysis of the graphic novel Watchmen contends that prioritisation of rational autonomy over sensual experience is symptomatic of a ‘rational surface’ that turns away from the indeterminate ‘chaos’ of complex reality (the unstructured universe), instead maintaining the power of rational and linguistic concepts to order the world. This ‘rational surface’ is maintained by masking that which threatens its stability: the chaos of the infinite difference of living individuals. These epistemological foundations are reconfigured, via Watchmen, enabling engagement beyond the ‘rational surface’ by accepting the generative potential of this living chaos and calling for models of criminal identity that are ‘restless’, acknowledging the unique, shifting nature of individuals, and not tending towards ‘complete’ or stable concepts of the self-as-responsible. As part of the aesthetic methodology of this reconfiguration, a radical extension of legal theory’s analytical canon is developed.

This thesis argues that the corpus of Old Norse-Icelandic literature which pertains to Iceland contains an intertextual narrative of the formation of Icelandic identity. An analysis of this narrative provides an opportunity to examine the relationship between literature and identity, as well as the potency of the artistic use of the idea of the past. The thesis identifies three salient narratives of communal action which inform the development of a discrete Icelandic identity, and which are examined in turn in the first three chapters of the thesis. The first is the landnám, the process of settlement itself; the second, the origin and evolution of the law; and the third, the assimilation and adaptation of Christianity. Although the roots of these narratives are doubtless historical, the thesis argues that their primary roles in the literature are as social myths, narratives whose literal truth- value is immaterial, but whose cultural symbolism is of overriding importance. The fourth chapter examines the depiction of the Icelander abroad, and uses the idiom of the relationship between þáttr (‘tale’) and surrounding text in the compilation of sagas of Norwegian kings Morkinskinna to consider the wider implications of the relationship between Icelandic and Norwegian identities. Finally, the thesis concludes with an analysis of the role of Sturlunga saga within this intertextual narrative, and its function as a set of narratives mediating between an identity grounded in social autonomy and one grounded in literature. The Íslendingasögur or ‘family sagas’ constitute the core of the thesis’s primary sources, for their subject-matter is focussed on the literary depiction of the Icelandic society under scrutiny. In order to demonstrate a continuity of engagement with ideas of identity across genres, a sample of other Icelandic texts are examined which depict Iceland or Icelanders, especially when in interaction with non-Icelandic characters or polities.

The themes of uncertainty, muddle and imprisonment, which are inextricably linked, permeate Charles Dickens’s novels. In his ‘early’ first five novels, The Pickwick Papers, Oliver Twist, Nicholas Nickleby, The Old Curiosity Shop and Barnaby Rudge, society is depicted as emerging from the Classical episteme of the eighteenth century into a period of uncertainty that is dominated by values inspired by mercantilism. Social and bureaucratic institutional practices have been outpaced by commercial developments and are shown to be lacking; they are outdated and irrelevant in meeting the needs of a society that is in the process of rejecting its feudal history. Yet, during these uncertain times, these archaic instruments of social control continue to exert a power over the individual in the absence of something more relevant to a commercialised nineteenth-century society. The legislature, the judiciary and the executive all continue to exercise their misguided power over those under their control, capturing these in webs and labyrinths of uncertainty, with the result that Mr Pickwick, Oliver, Nicholas, Little Nell and Barnaby all fall victim to these vagaries, and experience prison in one form or another. The second, or ‘middle’ group of novels, comprising Martin Chuzzlewit, Dombey and Son, David Copperfield, Bleak House and Hard Times, reveal something different. Although institutions are still depicted as deeply flawed, Dickens shifts his focus from the inadequacies of social institutions to the flawed individuals who inhabit this defective society; individuals who are required to rid themselves of their flaws in order to achieve authenticity and, thus, enable a regeneration within society to take place. The ‘final’ novels, Little Dorrit, The Tale of Two Cities, Great Expectations and Our Mutual Friend, seem to suggest that the ambit of commercialisation, with its skewed values, is so all-encompassing that no character is able to escape its clutches. The result is a society and its citizens who are inescapably imprisoned in their respective physical, emotional and moral prisons. This thesis examines the development and consequences of institutional uncertainty on the individual and on society. It is argued that Dickens follows a Foucauldian trajectory, initially visiting the uncertainties of the times on the bodies of his characters during the early nineteenth century, attempting to create ‘docile bodies’ of his characters through discipline and punishment of the soul in the middle of the century and, finally, in the second half of the century, revealing an entire society caught up in the morass of uncertainty from which there appears to be no escape. / English Studies / D. Litt. et Phil.(English)

Submitted by Silvana Teresinha Dornelles Studzinski (sstudzinski) on 2016-08-25T11:40:23Z No. of bitstreams: 1 Vinicius Ferrasso da Silva_.pdf: 1477120 bytes, checksum: 854f227c9b9fe51f1b2f66607b54e16d (MD5) / Made available in DSpace on 2016-08-25T11:40:24Z (GMT). No. of bitstreams: 1 Vinicius Ferrasso da Silva_.pdf: 1477120 bytes, checksum: 854f227c9b9fe51f1b2f66607b54e16d (MD5) Previous issue date: 2016-03-30 / Nenhuma / O presente trabalho visa apresentar as bases para a construção de uma intepretação íntegra do artigo 212 do CPP, mas não fica adstrito ao referido artigo processual penal. Muito pelo contrário, inicia-se com uma análise histórica da evolução dos sistemas inquisitório (direct examinatio) e acusatório (cross-examination) no Direito estrangeiro, demonstrando a diferença de atuação do magistrado nos modelo anglo-saxão, nos estados europeus e estados latino-americanos, apontando para a mudança paradigmática que fora pretendida após a alteração dada pela Lei 11.690/2008, que inseriu o artigo 212 do CPP e os incisos I e II do artigo 156 do CPP. Em seguida, apresenta-se uma imbricação entre a comédia shakespeariana e a obra de Kantorowicz, demonstrando que a passagem do positivismo-exegético, da proibição de se interpretar, para o positivismo-normativista, produziu o fenômeno da discricionariedade do juiz, o dono da lei, que se movimenta dentro da moldura da norma kelseniana, o que Warat definiu de senso comum teórico dos juristas, demonstra a relação do juiz que inicia a inquirição no interrogatório com a busca da fictícia verdade real. Após a indicação do problema da discricionariedade, demonstram-se as estruturas da compreensão, juntamente com a crítica que Gadamer faz ao processo nefasto de interpretação por etapas. E, de modo a dar seguimento ao processo de compreensão gadameriana, destaca-se a teoria estruturante do direito do jurista alemão Friedrich Müller para que se possa identificar que, quando os juristas realizam a interpretação do artigo 212 do CPP, dada a abertura de produção de provas possibilitada pelos incisos I e II do artigo 156 do CPP, o intérprete olvida-se de realizar uma leitura atenta do artigo 212 do CPP, e por muitas vezes, equivocadamente, supera o conteúdo do texto normativo. Ao final, apresenta-se o caminho alternativo baseado na hermenêutica filosófica, com aportes da teoria do romance em cadeia dworkiniano, que garante compromissos do intérprete com a integridade, e, assim, leva o jurista a retirar-se da cilada kelseniana da mobilidade dentro da moldura da norma contida no positivismo-normativista, conduzindo à obtenção da máxima eficácia da justiça social, e, ao mesmo tempo, respeitando o teor do conteúdo do texto normativo do artigo 212 do CPP na linha da teoria estruturante da norma do jurista alemão Friedrich Müller, e não realizando intepretações por etapa, cindindo compreensão e aplicação, conforme adverte Georg-Hans Gadamer em sua respeitável crítica às três subtilitas, que ao fim e ao cabo, apresenta compromissos com o devido garantismo processual penal. / This paper presents the basis for building a interpretation part of Article 212 of the CPP, but that is not attached to that criminal procedure article. On the contrary, we start with a historical analysis of the evolution of inquisitorial systems (direct examinatio) and accusatory (cross-examination) on foreign law, demonstrating the magistrate's action difference in the Anglo-Saxon model, in European states and Latin American states, pointing to the paradigm shift that was required after the change given by Law 11,690 / 2008, which inserted Article 212 of the CPP and the items I and II of Article 156 of the CPP. Then we present an overlap between the Shakespearean comedy, with the work of Kantorowicz, demonstrating that the passage of positivism-exegetical, the prohibition to interpret, to positivism-normative, produced the phenomenon of the judge's discretion, the owner of the law that moves within the frame of kelseniana standard, which Warat set of theoretical common sense of lawyers, we demonstrate the relationship of the judge who begins questioning the interrogation to the pursuit of fictitious real truth. After the statement of the problem of discretion, we demonstrate the understanding of structures, along with the criticism that Gadamer makes the nefarious process of interpretation in stages. And in order to continue the process of Gadamer's understanding, stand out the structural theory of the German Friedrich Müller Jurist right so that you can identify that when the lawyers perform the interpretation of Article 212 of the CPP, given the evidentiary opening enabled by sections I and II of Article 156 of the CPC, the interpreter forgets you perform a careful reading of Article 212 of the CPP, and often mistakenly exceeds the content of the regulatory text. In the end, then present, the alternate path based on philosophical hermeneutics, with contributions of the theory of the novel in dworkiniano chain, which guarantees interpreter's commitments with integrity, and thus takes the lawyer to withdraw from the kelseniana trap mobility within the Frame rule in positivism-normative, leading to the achievement of maximum effectiveness of social justice, while respecting the content of the regulatory text of the content of Article 212 of the CPP in line with the structural theory of rule of German jurist Friedrich Müller, and not realizing interpretations, by stage, splitting understanding and application, as Hans-Georg Gadamer warns in his respectable critical to the three subtilitas, that after the cable has commitments with proper criminal procedure garantismo.