Open Access Books
Fanfiction and the Author: How Fanfic Changes Popular Cultural Texts
Whether you look at quantity, quality, or readership, we are in an unprecedented era of fan fiction. Thus far, however, the genre has been subject to relatively little rigorous qualitative or quantitative study—a problem that Judith May Fathallah remedies here through close analysis of fanfiction related to Sherlock, Supernatural, and Game of Thrones. Her large-scale study of the sites, receptions, and fan rejections of fanfic demonstrate how it often legitimates itself through traditional notions of authorship even as its explicit discussion and deconstruction of the author figure contests traditional discourses of authority and opens new spaces for writing that challenges the authority of media professionals.
The Cultural Life of James Bond: Specters of 007
The release of No Time To Die in 2021 heralds the arrival of the twenty-fifth installment in the James Bond film series. Since the release of Dr. No in 1962, the cinematic James Bond has expedited the transformation of Ian Fleming’s literary creation into an icon of western popular culture that has captivated audiences across the globe by transcending barriers of ideology, nation, empire, gender, race, ethnicity, and generation. The Cultural Life of James Bond: Specters of 007 untangles the seemingly perpetual allure of the Bond phenomenon by looking at the non-canonical texts and contexts that encompass the cultural life of James Bond. Chronicling the evolution of the British secret agent over half a century of political, social, and cultural permutations, the fifteen chapters examine the Bond-brand beyond the film series and across media platforms while understanding these ancillary texts and contexts as sites of negotiation with the Eon franchise.
Women’s Perspectives on (Post)Migration: Between Literature, Arts and Activism – Between Africa and Europe.
This volume takes a closer look at women’s perspectives on (post-)migration and explores the uncertainties, frictions, struggles and opportunities emerging from that context. It revolves around African and Afrodescendant female writers and artists and refers to the uncomfortable stories they tell, stories about what it means to have migrated to, live in, or have been born in Romance-speaking Europe. Their voices reveal positionings of the ‘female Other’ that oscillate between alienation and belonging, moving between African, European and other (diasporic) spaces.
Necessity or Nuisance?: Recourse to Human Rights in Substantive International Criminal Law
What are chances and challenges of referring to human rights law in defining crimes under international law? Under what circumstances is a reference to human rights law dogmatically appropriate and practically likely? The answers to these questions are explored through a look at the theoretical framework, practical application in jurisprudence as well as empirically through interviews with judges. By highlighting the common roots and the differences between both areas of law, the existing inconsistencies in the application of the law, as well as approaches which could contribute to their solution, the book presents a crucial contribution to the debate on legal certainty and innovation in international criminal law.
Mozart’s Tempo-System: A Handbook for Practice and Theory
A reference book for the musician’s practical work of interpretation, this volume, after a general presentation of 18th century principles for determining a tempo, offers a compendium of all Mozart’s autograph tempo markings in 420 lists of pieces of similar character. Thus, a comparison of slower and quicker movements is made possible by 434 music examples, and there follows a wide-ranging collection of relevant texts taken from historical sources.
The book does not claim to know “the single correct tempo” for the works of Wolfgang Amadeus Mozart. It hopes to be of assistance in the unavoidable search by every interpreter for the “true mouvement” of each work—for the work itself, for the performer, the instrument or instruments, the room, the public, the nature of the event. It follows that there can be no absolutely “authentic” tempo for Mozart’s works. And yet his tempo markings, since he chose them so meticulously, should be taken equally seriously with the other parameters of his famously precise notation.
Accelerators in Silicon Valley: Building Successful Startups
This book describes how accelerators, the ‘schools of startup entrepreneurship’, help startups to become successful companies in Silicon Valley, the world’s most successful innovation region.
IT Laws in the Era of Cloud-Computing: A Comparative Analysis between EU and US Law on the Case Study of Data Protection and Privacy
This book documents the findings and recommendations of research into the question of how IT laws should develop on the understanding that today’s information and communication technology is shaped by cloud computing, which lies at the foundations of contemporary and future IT as its most widespread enabler. In particular, this study develops on both a comparative and an interdisciplinary axis, i.e. comparatively by examining EU and US law, and on an interdisciplinary level by dealing with law and IT. Focusing on the study of data protection and privacy in cloud environments, the book examines three main challenges on the road towards more efficient cloud computing regulation:
-understanding the reasons behind the development of diverging legal structures and schools of thought on IT law
-ensuring privacy and security in digital clouds
-converging regulatory approaches to digital clouds in the hope of more harmonised IT laws in the future.
International Humanitarian Law in Areas of Limited Statehood: Adaptable and Legitimate or Rigid and Unreasonable?
Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for the former? Is it International Humanitarian Law that determines what the investor is owed under a ‘full protection and security’ standard?
More fundamentally, the contributions strive to shed light on these practical legal issues in a manner that is also historically and theoretically informed. How can international law be effective in areas of limited statehood, in particular as regards non-State actors? Can the law provide incentives for compliance? Is it in need of being developed? If so, who enjoys the legitimacy to do so?
Europe – Against the Tide
Was sind die gegenwärtigen Herausforderungen der Europäischen Union? Wie reagiert sie auf internationale Veränderungen und Krisen? Und wie antwortet sie auf ihre Kritiker in den Mitgliedsstaaten? 16 Beiträge von internationalen Experten geben auf diese Fragen eine Antwort.
Digitization and the Law
Neue Technologien bedeuten neue Herausforderungen für das Recht. Das Internet ist kein Neuland mehr, kritische Themen wie Cyberattacken, Privatsphäre, der Schutz Minderjähriger oder auch das Cloud Computing sind jedoch keinesfalls ausdiskutiert. Die zunehmende Digitalisierung und Technisierung beschränkt sich nicht auf das World Wide Web. Der automatisierte Straßenverkehr ist ein ebenso zukunftsweisendes Thema, dessen Entwicklung rechtlich begleitet werden muss. Im vorliegenden Band sind Forschungsarbeiten von Rechtwissenschaftlern aus Deutschland, den USA, Kanada und Griechenland zusammengefasst.
Constitutional Issues of EU External Relations Law
The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fundamentals of the EU legal order such as: the principles of conferral, loyalty, and institutional balance, as well as the rule of law, democracy, and fundamental rights protection. The accommodation between specificity and fundamental principles is, thus, a transversal constitutional issue.
Conceptualizing Power in Dynamics of Securitization: Beyond State and International System
This volume addresses the ‘question of power’ in current constructivist securitisation studies. How can power relations that affect security and insecurity be analysed from both a transdisciplinary and historical point of view? The volume brings together contributions from history, art history, political science, sociology, cultural anthropology and law in order to determine the role of conceptions of power in securitisation studies, which has tended to be dealt with implicitly thus far. Using conceptual theoretical essays and historical case studies that cover the period from the 16th to the 21st century, this book portrays the dominant paradigms of critical security studies, which mostly stem from the field of international relations and see the state as a major focal point in securitisation, in a new light.
Amicus Curiae before International Courts and Tribunals
Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept’s nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the public interest in a case, as often advocated by NGOs? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or is it an unhelpful impostor that impedes negotiated solutions and derails the proceedings at the expense of the parties to advance its own agenda?
By way of an empirical-comparative analysis of the laws and practices of the ICJ, the ITLOS, the ECtHR, the IACtHR, the IACtHPR, WTO panels and the Appellate Body, and investment arbitration the dissertation examines the status quo of amicus curiae before international courts and tribunals to determine if the current amicus curiae practice is of added value to international proceedings and international dispute settlement in general.
The dissertation shows that there is no common concept of international amicus curiae, but that amicus curiae before the international courts examined share a few characteristics. A proposed functional systematization highlights overlaps and diverging uses of the concept before international courts and helps scholars and practitioners to assess the opportunities and limits of the concept. Analysis of the concept’s current regulatory framework and its substantive effectiveness reveals a hesitation in particular by courts with a strong adversarial tradition to take into account the views of a non-party despite the positive experience with the concept in regional human rights courts. The dissertation concludes that neither the expectations nor the concerns attached to amicus curiae participation in international proceedings have materialized. It argues that the concept can contribute to improved decisions and decision-making in international dispute settlement if regulated and used properly.
The Visual Worlds of Social Network Sites: Images and image-based communication on Facebook and Co.
The central form of communication on social network sites (sns) is the communication with and through images. Accordingly, the present volume highlights images and image-based communication on sns, such as Facebook, and on nightlife platforms, such as Tilllate. First, the authors analyze the two central image categories in depth – profile images and photo albums. What follows is the portrayal of dramaturgical and staging strategies of the (semi) professional photography on the nightlife platforms, which leads to an evaluation of the importance of the international glamour photography as a parameter of private photographic self-expression. Other questions that the authors ponder in the volume are: Which functions and meanings do images have for the communications between users on social network sites? To what extent could certain design characteristics in the image-based communication on sns establish themselves as prototypical staging patterns? Which staging traditions are followed thereby? Which staging strategies are followed on different online platforms by the users’ (self) visualizations?
Torture: Moral Absolutes and Ambiguities
Not so long ago, the only respectable question for philosophical, legal, and political scholars to ask about torture was how to ensure its effective legal prohibition. Recently, however, some leading lawyers and legal theorists have challenged those who are absolutely opposed to torture, arguing that, in some circumstances, torture may be morally permissible or even required. This has provoked a range of responses, from outraged dismissal to cautious concessions that the law has to adjust to new realities. This volume contains writings by some of the leading contributors to these debates. Distinctively, it supplements the discussion about the morality of torture – and the morality of discussing torture – with essays which provide important legal, sociological, and historical analyses of this appalling human practice and of the attempts to control it. With an international and interdisciplinary authorship, Torture: Moral Absolutes and Ambiguities will be essential reading for legal and political theorists, philosophers, sociologists, historians, and indeed anybody interested in serious and informed thinking about this most disturbing phenomenon.
The Impact of Mass Media on Political Support: A Preferences-Perceptions Model of Media Effects
Why is citizens’ support for political actors and institutions declining? Recent research suggests that voter cynicism is fueled by the manner in which mass media covers political events and issues. This dissertation provides evidence regarding the impact that media coverage of political decision-making procedures has on an audience’s political support. It focuses on the role of individual expectations and preferences of the audience. Empirically-standardized online surveys, an experimental study, and a comprehensive content analysis of news coverage were conducted for this study. It shows that mass media may contribute to a decrease of political support by shaping the perception of political processes. In addition, the findings suggest that the media’s impact on political support was particularly strong if media coverage shapes the impression that political processes do not match individual preferences. This book contributes to a differentiation of the rather general claim that negative or critical media information results in a decline of political support.
Trust and Terror: Social Capital and the Use of Terrorism as a Tool of Resistance
Why do some individuals choose to protest political grievances via non-violent means, while others take up arms? What role does whom we trust play in how we collectively act? This book explores these questions by delving into the relationship between interpersonal trust and the nature of the political movements that individuals choose to join. Utilizing the examples of the Arab Spring uprisings in Egypt, Libya and Syria, a novel theoretical model that links the literature on social capital and interpersonal trust to violent collective action is developed and extended. Beyond simply bringing together two lines of literature, this theoretical model can serve as a prism from which the decision to join terrorist organizations or violent movements may be analyzed. The implications of the theory are then examined more closely through an in-depth look at the behavior of members of political movements at the outset of the Arab Spring, as well as statistical tests of the relationship between interpersonal trust and terrorism in the Middle East and globally.
Freedom of the Press: On Censorship, Self-censorship, and Press Ethics
Since antiquity it has been known that without the freedom to speak, and later to publish, the road to fanaticism and totalitarianism lies wide open. This book focuses on how the ‘press’ reacted, when press freedom was under strain in number of cases in the 20th century and the beginning of the 21st century. Contemporary literature on the freedom of the press has its focus on the role of the press in relation to democracy; how media influences democracy, how the political and the ethical aspects are managed etc. This book is on the one hand part of this central discourse. On the other hand, it attempts to broaden views by focusing on the historical and contemporary experiences, when press freedom was under strain in significant periods since the 1930s. Also, its geographical scope is broader than most books, and it brings together experienced journalists and known academics adding to the dynamism of the discussion and challenging the reader to find his own position concerning censorship, self-censorship and press ethics.
The Economic Ethics of World Religions and their Laws: An Introduction to Max Weber’s Comparative Sociology
Based on analyses of the essays written by Max Weber on China, India, ancient Judaism and also on the dispersed material about Islam, Eastern Christianity and Occidental Christianity, this book examines the economic ethics of Asian and Christian traditions and their corresponding legal systems. Drawing also on Weber’s methodology (particularly the concept of adequate causation), the author reveals that the nature of Asian religions as well as the nature of customary and other not formally rational laws in Asian cultures could not lead to modern capitalism out of their own sources, although capitalism could be adopted from the outside. The culture of the Occident, upon which capitalism is based, is revealed to consist of a double rationalisation: the formal rationality of the exterior circumstances of life (administrative and legal) and the innerworldly practical rationality of the inner motivations of the Protestants, supported by a goal-oriented rational technology.
Asylum Related Organisations in Europe: Networks and Institutional Dynamics in the Context of a Common European Asylum System
Asylum and refugees in Europe – who can fix a broken system? In times of increasing waves of migration, collective bodies and their cooperation networks are of particular importance to the European asylum system. But who are those actors and what is their contribution to effecting a change in the situation of those seeking refuge in Europe? While the Common European Asylum System introduced standardised regulations for all EU-member states, the real situation in each country differs greatly from those official declarations, even leading to a humanitarian crisis at times. Using the theory of neo-institutionalism, current data from expert interviews, and website and document analyses from Italy, Spain, Greece, Cyprus, Malta and Germany, this study answers those questions. It illustrates how and if this gap between talk and action can be narrowed, how asylum-related organisations and their networks function and how far they contribute to this process.
With contributions by:
Remonda Balje, Alexander Bauhus, Charlotte Becker-Jamme, Tobias Breuckmann, Megan Costello, Amanda Culver, Dea Dhima, Giselaldina Duro, Lara Elliott, Thomas Hoppe, Lana Horsthemke, Timo Kemp, Jana Komorowski, Melisa Lehmann, Stefan Letmathe, Alona Mirko, Anna Mratschkowski, Judith Nitsche, Thomas Norpoth, Jakob Reckers, Elodie Scholten, Mats Schulte, Davide Scotti, Sara Stojani, Friederike Vogt, Julia Werner, Gerrit Zumstein
Kafka’s Zoopoetics: Beyond the Human-Animal Barrier
Kafka’s Zoopoetics is the first extensive account of animals and human-animal relations in the work of Franz Kafka. The book appeals to a broad audience, including scholars and students of Comparative Literature, German Studies, Cultural Studies, and Human-Animal Studies. Kafka’s pivotal role in world literature cannot be overestimated. Exploring the multidimensional relations between humans and animals, the rapidly growing interdisciplinary field of Human-Animal Studies intertwines political and environmental critical paradigms, which are at the core of the contemporary intellectual discussion.
Women Build the Welfare State: Performing Charity and Creating Rights in Argentina, 1880–1955
In this pathbreaking history, Donna J. Guy shows how feminists, social workers, and female philanthropists contributed to the emergence of the Argentine welfare state through their advocacy of child welfare and family-law reform. From the creation of the government-subsidized Society of Beneficence in 1823, women were at the forefront of the child-focused philanthropic and municipal groups that proliferated first to address the impact of urbanization, European immigration, and high infant mortality rates, and later to meet the needs of wayward, abandoned, and delinquent children. Women staffed child-centered organizations that received subsidies from all levels of government. Their interest in children also led them into the battle for female suffrage and the campaign to promote the legal adoption of children. When Juan Perón expanded the welfare system during his presidency (1946–1955), he reorganized private charitable organizations that had, until then, often been led by elite and immigrant women.
Drawing on extensive research in Argentine archives, Guy reveals significant continuities in Argentine history, including the rise of a liberal state that subsidized all kinds of women’s and religious groups. State and private welfare efforts became more organized in the 1930s and reached a pinnacle under Juan Perón, when men took over the welfare state and philanthropic and feminist women’s influence on child-welfare activities and policy declined. Comparing the rise of Argentina’s welfare state with the development of others around the world, Guy considers both why women’s child-welfare initiatives have not received more attention in historical accounts and whether the welfare state emerges from the top down or from the bottom up.
Uneven Encounters: Making Race and Nation in Brazil and the United States
In Uneven Encounters, Micol Seigel chronicles the exchange of popular culture between Brazil and the United States in the years between the World Wars, and demonstrates how that exchange affected ideas of race and nation in both countries. From Americans interpreting advertisements for Brazilian coffee or dancing the Brazilian maxixe, to Rio musicians embracing the “foreign” qualities of jazz, Seigel traces a lively, cultural back and forth. Along the way, she shows how race and nation for both elites and non-elites are constructed together, and driven by global cultural and intellectual currents as well as local, regional, and national ones.
Seigel explores the circulation of images of Brazilian coffee and of maxixe in the United States during the period just after the imperial expansions of the early twentieth century. Exoticist interpretations structured North Americans’ paradoxical sense of themselves as productive “consumer citizens.” Some people, however, could not simply assume the privileges of citizenship. In their struggles against racism, Afro-descended citizens living in Rio de Janeiro, São Paulo, New York, and Chicago encountered images and notions of each other, and found them useful. Seigel introduces readers to cosmopolitan Afro-Brazilians and African Americans who rarely traveled far from home but who nonetheless absorbed ideas from abroad. She suggests that studies comparing U.S. and Brazilian racial identities as two distinct constructions are misconceived. Racial formation transcends national borders; attempts to understand it must do the same.
Technicolored: Reflections on Race in the Time of TV
From early sitcoms such as I Love Lucy to contemporary prime-time dramas like Scandal and How to Get Away with Murder, African Americans on television have too often been asked to portray tired stereotypes of blacks as villains, vixens, victims, and disposable minorities. In Technicolored black feminist critic Ann duCille combines cultural critique with personal reflections on growing up with the new medium of TV to examine how televisual representations of African Americans have changed over the last sixty years. Whether explaining how watching Shirley Temple led her to question her own self-worth or how televisual representation functions as a form of racial profiling, duCille traces the real-life social and political repercussions of the portrayal and presence of African Americans on television. Neither a conventional memoir nor a traditional media study, Technicolored offers one lifelong television watcher’s careful, personal, and timely analysis of how television continues to shape notions of race in the American imagination.
The Dictator’s Seduction: Politics and the Popular Imagination in the Era of Trujillo
The dictatorship of Rafael Trujillo, who ruled the Dominican Republic from 1930 until his assassination in 1961, was one of the longest and bloodiest in Latin American history. The Dictator’s Seduction is a cultural history of the Trujillo regime as it was experienced in the capital city of Santo Domingo. Focusing on everyday forms of state domination, Lauren Derby describes how the regime infiltrated civil society by fashioning a “vernacular politics” based on popular idioms of masculinity and fantasies of race and class mobility. Derby argues that the most pernicious aspect of the dictatorship was how it appropriated quotidian practices such as gossip and gift exchange, leaving almost no place for Dominicans to hide or resist.
Drawing on previously untapped documents in the Trujillo National Archives and interviews with Dominicans who recall life under the dictator, Derby emphasizes the role that public ritual played in Trujillo’s exercise of power. His regime included the people in affairs of state on a massive scale as never before. Derby pays particular attention to how events and projects were received by the public as she analyzes parades and rallies, the rebuilding of Santo Domingo following a major hurricane, and the staging of a year-long celebration marking the twenty-fifth year of Trujillo’s regime. She looks at representations of Trujillo, exploring how claims that he embodied the popular barrio antihero the tíguere (tiger) stoked a fantasy of upward mobility and how a rumor that he had a personal guardian angel suggested he was uniquely protected from his enemies. The Dictator’s Seduction sheds new light on the cultural contrivances of autocratic power.
The Culture of Japanese Fascism
This bold collection of essays demonstrates the necessity of understanding fascism in cultural terms rather than only or even primarily in terms of political structures and events. Contributors from history, literature, film, art history, and anthropology describe a culture of fascism in Japan in the decades preceding the end of the Asia-Pacific War. In so doing, they challenge past scholarship, which has generally rejected descriptions of pre-1945 Japan as fascist. The contributors explain how a fascist ideology was diffused throughout Japanese culture via literature, popular culture, film, design, and everyday discourse. Alan Tansman’s introduction places the essays in historical context and situates them in relation to previous scholarly inquiries into the existence of fascism in Japan.
Several contributors examine how fascism was understood in the 1930s by, for example, influential theorists, an antifascist literary group, and leading intellectuals responding to capitalist modernization. Others explore the idea that fascism’s solution to alienation and exploitation lay in efforts to beautify work, the workplace, and everyday life. Still others analyze the realization of and limits to fascist aesthetics in film, memorial design, architecture, animal imagery, a military museum, and a national exposition. Contributors also assess both manifestations of and resistance to fascist ideology in the work of renowned authors including the Nobel-prize-winning novelist and short-story writer Kawabata Yasunari and the mystery writers Edogawa Ranpo and Hamao Shirō. In the work of these final two, the tropes of sexual perversity and paranoia open a new perspective on fascist culture. This volume makes Japanese fascism available as a critical point of comparison for scholars of fascism worldwide. The concluding essay models such work by comparing Spanish and Japanese fascisms.
Contributors. Noriko Aso, Michael Baskett, Kim Brandt, Nina Cornyetz, Kevin M. Doak, James Dorsey, Aaron Gerow, Harry Harootunian, Marilyn Ivy, Angus Lockyer, Jim Reichert, Jonathan Reynolds, Ellen Schattschneider, Aaron Skabelund, Akiko Takenaka, Alan Tansman, Richard Torrance, Keith Vincent, Alejandro Yarza
Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the 1936 Draft Constitution
Upon its adoption in December 1936, Soviet leaders hailed the new so-called Stalin Constitution as the most democratic in the world. Scholars have long scoffed at this claim, noting that the mass repression of 1937-1938 that followed rendered it a hollow document. This book focuses on the six-month long popular discussion of the draft Constitution, which preceded its formal adoption in December 1936. Drawing on rich archival sources, this book uses the discussion of the draft 1936 Constitution to examine discourse between the central state leadership and citizens about the new Soviet social contract, which delineated the roles the state and citizens should play in developing socialism.