Taking Exception To The Law

Taking Exception to the Law explores how a range of early modern English writings responded to injustices perpetrated by legal procedures, discourses, and institutions. From canonical poems and plays to crime pamphlets and educational treatises, the essays engage with the relevance and wide appeal of legal questions in order to understand how literature operated in the early modern period. Justice in its many forms – legal, poetic, divine, natural, and customary – is examined through insightful and innovative analyses of a number of texts, including The Merchant of Venice, The Faerie Queene, and Paradise Lost. A major contribution to the growing field of law and literature, this collection offers cultural contexts, interpretive insights, and formal implications for the entire field of English Renaissance culture.

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the United States Federal Government.

This volume explores the sameness and difference between the United States and France in the matters of freedom of expression on the Internet. The United States and France are liberal democracies that are part of the Western family of nations. However, despite their many similarities, they have a number of cultural and ideological differences. The United States is generally France’s ally in time of war and its cultural nemesis in time of peace. One of the reasons for this unusual relationship is that the United States and France are self-described “exceptional” countries. The United States and France are therefore two Western countries separated by different exceptionalist logics. Lyombe Eko uses this concept of exceptionalism as a theoretical framework for the analysis of American and French resolution of problems of human rights and freedom of expression in the traditional media and on the Internet. This book therefore analyzes how each county applies rules and regulations designed to manage a number of issues of media communication in real space, to the realities and specificities of cyberspace, within the framework of their respective exceptionalist logics. The fundamental question addressed concerns what happens when rules and regulations designed to regulate the media in clearly defined, national and regional geographic spaces, are suddenly confronted with the new realities and multi-communication platforms of the interconnected virtual sphere of cyberspace.