R. R. Palmer
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161280
- eISBN:
- 9781400850228
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161280.003.0028
- Subject:
- History, American History: early to 18th Century
This chapter focuses on Switzerland and the Helvetic Republic. Until 1798, all of Switzerland was an incredibly complex mosaic of dissimilar pieces. Over a millennium, there had grown up an ...
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This chapter focuses on Switzerland and the Helvetic Republic. Until 1798, all of Switzerland was an incredibly complex mosaic of dissimilar pieces. Over a millennium, there had grown up an indefinite number of small communities—from cities like Zurich to remote clusters of pastoral families in Alpine valleys—which no longer belonged to the Holy Roman Empire, and did not yet belong politically to anything else. There was no Swiss state, Swiss citizenship, Swiss law, or even Swiss government. However, nowhere else was the impact of certain principles of the Revolution more apparent and more lasting—especially of the principles of legal equality and of the unity and indivisibility of the Republic. The idea of a Swiss people became a reality under the Helvetic Republic, whose main features were confirmed in the Napoleonic Act of Mediation of 1803, and reconfirmed at the Congress of Vienna.Less
This chapter focuses on Switzerland and the Helvetic Republic. Until 1798, all of Switzerland was an incredibly complex mosaic of dissimilar pieces. Over a millennium, there had grown up an indefinite number of small communities—from cities like Zurich to remote clusters of pastoral families in Alpine valleys—which no longer belonged to the Holy Roman Empire, and did not yet belong politically to anything else. There was no Swiss state, Swiss citizenship, Swiss law, or even Swiss government. However, nowhere else was the impact of certain principles of the Revolution more apparent and more lasting—especially of the principles of legal equality and of the unity and indivisibility of the Republic. The idea of a Swiss people became a reality under the Helvetic Republic, whose main features were confirmed in the Napoleonic Act of Mediation of 1803, and reconfirmed at the Congress of Vienna.
Ewan Malcolm and Fiona O'Donnell (eds)
- Published in print:
- 2009
- Published Online:
- September 2015
- ISBN:
- 9781845860523
- eISBN:
- 9781474406109
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860523.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book describes how mediation is currently being developed and used in a number of areas in Scotland. Illustrated with case studies drawn from real life, it highlights the basic skills of a ...
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This book describes how mediation is currently being developed and used in a number of areas in Scotland. Illustrated with case studies drawn from real life, it highlights the basic skills of a mediator, explores what works in different practice areas and looks at the things that different mediation approaches have in common, along with the differences between them. As a comparative guide to the different areas of mediation that are developing across Scotland, it gives an overview of the breadth and diversity of mediation in the country. It also provides an insight into the work of the Scottish Mediation Network (SMN). Each of its chapters stand alone, so readers with a particular area of interest can easily find information relevant to their particular field. The contributors to the book are all members of the Scottish Mediation Network Board, the Scottish Mediation Register Standards Board or the SMN staff team.Less
This book describes how mediation is currently being developed and used in a number of areas in Scotland. Illustrated with case studies drawn from real life, it highlights the basic skills of a mediator, explores what works in different practice areas and looks at the things that different mediation approaches have in common, along with the differences between them. As a comparative guide to the different areas of mediation that are developing across Scotland, it gives an overview of the breadth and diversity of mediation in the country. It also provides an insight into the work of the Scottish Mediation Network (SMN). Each of its chapters stand alone, so readers with a particular area of interest can easily find information relevant to their particular field. The contributors to the book are all members of the Scottish Mediation Network Board, the Scottish Mediation Register Standards Board or the SMN staff team.
Jill Stauffer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231171502
- eISBN:
- 9780231538732
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171502.003.0006
- Subject:
- Philosophy, Moral Philosophy
Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales ...
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Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales that aims to address not only wrongs inflicted by perpetrators but harms undergone by victims and surrounding communities--thus it is one way to address ethical loneliness.Less
Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales that aims to address not only wrongs inflicted by perpetrators but harms undergone by victims and surrounding communities--thus it is one way to address ethical loneliness.
Chana Kronfeld
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804782951
- eISBN:
- 9780804797214
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804782951.003.0004
- Subject:
- Society and Culture, Jewish Studies
Amichai sees the work of translation as a model for the poet's own in-between-ness, as well as for the translator/poet's inescapable secondariness. That the poet, like the translator, plays an ...
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Amichai sees the work of translation as a model for the poet's own in-between-ness, as well as for the translator/poet's inescapable secondariness. That the poet, like the translator, plays an immanently mediational position is a source of comfort rather than anxiety. This view of the poet's role sheds new light on contemporary theories of translation as cultural negotiation and their focus on asymmetrical power relations between source and target language. Amichai's poems about translation are read as celebrating the imperfect “recycling of words,” describing translation as the epitome of all intertextuality, and ultimately of the creative process itself. Through Amichai's ecology of language, the chapter interrogates the ideological blind spots behind the numerous mistranslations that Amichai has been subjected to, not in order to advocate some correct rendition, but rather to suggest the ways in which they express what Gayatri Spivak has termed “the politics of translation.”Less
Amichai sees the work of translation as a model for the poet's own in-between-ness, as well as for the translator/poet's inescapable secondariness. That the poet, like the translator, plays an immanently mediational position is a source of comfort rather than anxiety. This view of the poet's role sheds new light on contemporary theories of translation as cultural negotiation and their focus on asymmetrical power relations between source and target language. Amichai's poems about translation are read as celebrating the imperfect “recycling of words,” describing translation as the epitome of all intertextuality, and ultimately of the creative process itself. Through Amichai's ecology of language, the chapter interrogates the ideological blind spots behind the numerous mistranslations that Amichai has been subjected to, not in order to advocate some correct rendition, but rather to suggest the ways in which they express what Gayatri Spivak has termed “the politics of translation.”
Rainer Kulms
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0003
- Subject:
- Law, Comparative Law, Private International Law
Courts step in when private ordering breaks down. Litigation strategies maximise the parties' utilities, but ignore negative externalities. There is a growing awareness that it is sub-optimal to ...
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Courts step in when private ordering breaks down. Litigation strategies maximise the parties' utilities, but ignore negative externalities. There is a growing awareness that it is sub-optimal to handle conflict by trial. Courts embrace alternative dispute resolution as a mechanism for reducing the judiciary's workload and addressing the challenge of budget cuts. Dispute settlement by self-determination is a private ordering exercise to be preferred over cost-intensive procedures for trials and judicial precedent. This study assesses the economic and constitutional implications of privatising the day in court. Reference is made to US laws (including the Uniform Mediation Act) and to German and European laws (the EU Mediation Directive). Privatisation appears to be the regulatory policy prescription for averting tragedies of the common; but in turn, privatised dispute settlement may also provoke problems of the anti-commons of its own. More attention should be devoted to the private and social costs of a mediation settlement.Less
Courts step in when private ordering breaks down. Litigation strategies maximise the parties' utilities, but ignore negative externalities. There is a growing awareness that it is sub-optimal to handle conflict by trial. Courts embrace alternative dispute resolution as a mechanism for reducing the judiciary's workload and addressing the challenge of budget cuts. Dispute settlement by self-determination is a private ordering exercise to be preferred over cost-intensive procedures for trials and judicial precedent. This study assesses the economic and constitutional implications of privatising the day in court. Reference is made to US laws (including the Uniform Mediation Act) and to German and European laws (the EU Mediation Directive). Privatisation appears to be the regulatory policy prescription for averting tragedies of the common; but in turn, privatised dispute settlement may also provoke problems of the anti-commons of its own. More attention should be devoted to the private and social costs of a mediation settlement.
Markus Roth and David Gherdane
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0004
- Subject:
- Law, Comparative Law, Private International Law
Austria is the European pioneer in mediation law and practice. Austria had already established legal rules for mediation in family law cases back in 1999, and in 2004 it enacted the first mediation ...
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Austria is the European pioneer in mediation law and practice. Austria had already established legal rules for mediation in family law cases back in 1999, and in 2004 it enacted the first mediation act in Europe, the Zivilrechts-Mediations-Gesetz. Austrian mediators are organised into several professional associations; the Österreichische Bundesverband für Mediation (ÖBM) claims to be the biggest special interest group in Austria and in the European Union. The Austrian Act influenced legislation in Europe and serves as a role model, especially for the German Mediation Act (Mediationsgesetz). Unlike the German Mediation Act, which transposed the Mediation Directive into German law, the Austrian Mediation Act relates only to disputes in civil law matters. While the literary translation of the mediation act is ‘Civil Law Mediation Act’, it may be properly referred to as the ‘Mediation Act’ since it is the only Austrian act which deals solely with mediation.Less
Austria is the European pioneer in mediation law and practice. Austria had already established legal rules for mediation in family law cases back in 1999, and in 2004 it enacted the first mediation act in Europe, the Zivilrechts-Mediations-Gesetz. Austrian mediators are organised into several professional associations; the Österreichische Bundesverband für Mediation (ÖBM) claims to be the biggest special interest group in Austria and in the European Union. The Austrian Act influenced legislation in Europe and serves as a role model, especially for the German Mediation Act (Mediationsgesetz). Unlike the German Mediation Act, which transposed the Mediation Directive into German law, the Austrian Mediation Act relates only to disputes in civil law matters. While the literary translation of the mediation act is ‘Civil Law Mediation Act’, it may be properly referred to as the ‘Mediation Act’ since it is the only Austrian act which deals solely with mediation.
Peter Tochtermann
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0008
- Subject:
- Law, Comparative Law, Private International Law
Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has ...
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Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has enacted a Mediation Act implementing the EU's Mediation Directive. This chapter examines the changes to the existing legal framework in which mediation is embedded and analyses whether the legislature's attempts to foster the use of mediation will be sufficient to institutionalise mediation and support the vivid mediation movement. Core aspects of the ongoing debate are whether mediation should be offered by judges, how the quality of mediation services might best be ensured and which structures are most promising to significantly further the use of mediation as an alternative to litigation before state courts.Less
Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has enacted a Mediation Act implementing the EU's Mediation Directive. This chapter examines the changes to the existing legal framework in which mediation is embedded and analyses whether the legislature's attempts to foster the use of mediation will be sufficient to institutionalise mediation and support the vivid mediation movement. Core aspects of the ongoing debate are whether mediation should be offered by judges, how the quality of mediation services might best be ensured and which structures are most promising to significantly further the use of mediation as an alternative to litigation before state courts.
Ewan Malcolm
- Published in print:
- 2009
- Published Online:
- September 2015
- ISBN:
- 9781845860523
- eISBN:
- 9781474406109
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860523.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the Scottish Mediation Network (SMN) and the Scottish Mediation Register (SMR). It begins with a historical background on the SMN before discussing how the SMR works. The ...
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This chapter focuses on the Scottish Mediation Network (SMN) and the Scottish Mediation Register (SMR). It begins with a historical background on the SMN before discussing how the SMR works. The objectives of the SMN are: to promote mediation and other related forms of conflict management for the benefit of the public, individuals and society in Scotland and elsewhere; to encourage awareness, understanding and appropriate use of mediation; to support and promote education, training and research in skills and best practice in the use of mediation; to create and encourage links among the various fields of mediation; and to promote and organise standards of professional conduct and training. The chapter also considers the impact of the European Union Mediation Directive on mediation in Scotland and concludes by discussing the collaboration among mediators in the country.Less
This chapter focuses on the Scottish Mediation Network (SMN) and the Scottish Mediation Register (SMR). It begins with a historical background on the SMN before discussing how the SMR works. The objectives of the SMN are: to promote mediation and other related forms of conflict management for the benefit of the public, individuals and society in Scotland and elsewhere; to encourage awareness, understanding and appropriate use of mediation; to support and promote education, training and research in skills and best practice in the use of mediation; to create and encourage links among the various fields of mediation; and to promote and organise standards of professional conduct and training. The chapter also considers the impact of the European Union Mediation Directive on mediation in Scotland and concludes by discussing the collaboration among mediators in the country.
Delinda Collier
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780816694440
- eISBN:
- 9781452953632
- Item type:
- book
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816694440.001.0001
- Subject:
- Art, Art History
Repainting the Walls of Lunda tells a story of the publication and dissemination of an anthropology book, Paredes Pintadas da Lunda (Painted Walls of Lunda) (1953), which reproduced images of Chokwe ...
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Repainting the Walls of Lunda tells a story of the publication and dissemination of an anthropology book, Paredes Pintadas da Lunda (Painted Walls of Lunda) (1953), which reproduced images of Chokwe wall murals and sand drawings in northeastern Angola—and which was subsequently adapted in post-Independence nationalist art and post-civil war contemporary art. After historicizing the moment of a drastic change in media for the Chokwe images, from sand and hut to book, “analog” to “digital,” I analyze the formal and infrastructural logic of the two dimensional images in their subsequent formats of post-independence canvas paintings and now the Internet. Rather than describing each of these iterations of the Chokwe images as a negation or obliteration of the previous one, I argue that the logic of reproductive media is such that it envelops the past; each mediation adds another layer of context and content to the Chokwe image. The images’ historicity is embedded within these media layers, which many Angolan post-independence artists speak of in terms of ghosts or ancestors when describing their encounter with reproductions of the Chokwe murals. The history of Paredes Pintadas da Lunda and its subsequent use in Angolan art follows the history of the diamond industry in Angola, as the major diamond interests there have funded its dissemination. Thus the infrastructural history of Angola is more than just context for the continual reworking of the Chokwe images.Less
Repainting the Walls of Lunda tells a story of the publication and dissemination of an anthropology book, Paredes Pintadas da Lunda (Painted Walls of Lunda) (1953), which reproduced images of Chokwe wall murals and sand drawings in northeastern Angola—and which was subsequently adapted in post-Independence nationalist art and post-civil war contemporary art. After historicizing the moment of a drastic change in media for the Chokwe images, from sand and hut to book, “analog” to “digital,” I analyze the formal and infrastructural logic of the two dimensional images in their subsequent formats of post-independence canvas paintings and now the Internet. Rather than describing each of these iterations of the Chokwe images as a negation or obliteration of the previous one, I argue that the logic of reproductive media is such that it envelops the past; each mediation adds another layer of context and content to the Chokwe image. The images’ historicity is embedded within these media layers, which many Angolan post-independence artists speak of in terms of ghosts or ancestors when describing their encounter with reproductions of the Chokwe murals. The history of Paredes Pintadas da Lunda and its subsequent use in Angolan art follows the history of the diamond industry in Angola, as the major diamond interests there have funded its dissemination. Thus the infrastructural history of Angola is more than just context for the continual reworking of the Chokwe images.
Liane Schmiedel
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0013
- Subject:
- Law, Comparative Law, Private International Law
Alternative dispute resolution has a long-standing tradition within the Netherlands. Consequently, the Netherlands government has actively promoted mediation since the end of the 1990s, instigating ...
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Alternative dispute resolution has a long-standing tradition within the Netherlands. Consequently, the Netherlands government has actively promoted mediation since the end of the 1990s, instigating two pilot programmes in order to integrate (court-annexed) mediation into the system of dispute resolution. Both programmes have been successful, leading not only to the institution of a referral system for court-annexed mediation, but also providing parties without sufficient financial means with legal aid for mediation. So far, the Netherlands have thereby deliberately abstained from a general regulation of mediation and has left this task to private partners, such as the Netherland Mediation Institute and market developments. With the implementation of the EU Mediation Directive, this approach had to change. The article provides the reader with the facts about mediation practice and its development in the Netherlands, including extensive empirical data, but also analyses the forthcoming changes to the (regulatory) system.Less
Alternative dispute resolution has a long-standing tradition within the Netherlands. Consequently, the Netherlands government has actively promoted mediation since the end of the 1990s, instigating two pilot programmes in order to integrate (court-annexed) mediation into the system of dispute resolution. Both programmes have been successful, leading not only to the institution of a referral system for court-annexed mediation, but also providing parties without sufficient financial means with legal aid for mediation. So far, the Netherlands have thereby deliberately abstained from a general regulation of mediation and has left this task to private partners, such as the Netherland Mediation Institute and market developments. With the implementation of the EU Mediation Directive, this approach had to change. The article provides the reader with the facts about mediation practice and its development in the Netherlands, including extensive empirical data, but also analyses the forthcoming changes to the (regulatory) system.
Paul Roquet
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780816692446
- eISBN:
- 9781452953625
- Item type:
- book
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816692446.001.0001
- Subject:
- Society and Culture, Technology and Society
Contemporary life is increasingly shaped through attunement to the atmospheric affordances of the media environment. Ambient Media delves into the use of music, video, film, and literature as tools ...
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Contemporary life is increasingly shaped through attunement to the atmospheric affordances of the media environment. Ambient Media delves into the use of music, video, film, and literature as tools to tune this atmospheric self. The book traces the emergence of mood-regulating media in Japan from the environmental art and Erik Satie boom of the 1960s and 70s to the more recent emphasis on “healing” styles. Focusing on how ambience reshapes those dwelling within it, Ambient Media explores the working of atmospheres designed for affective calm, rhythmic attunement, embodied security, and urban coexistence. The book argues for understanding ambient media as a specifically neoliberal response to mood regulation, serving as a way to atmospherically shape collective behavior while providing resources for emotional autonomy and attention restoration at the individual level. Ambient Media considers the adaptive side of atmosphere as an approach to self-care and social mobility. At the same time, the book considers the limits of mood regulation and the low-affect lifestyle when it comes to interpersonal life. Musicians, video artists, filmmakers, and writers in Japan have expanded on Brian Eno’s original idea of a style affording “calm, and a space to think,” providing materials to cultivate sensory serenity within the uncertain horizons of the contemporary social landscape. Offering a new way of understanding Japanese social demands to “read the air,” the book documents both the adaptive and the alarming sides of this turn to mediated moods.Less
Contemporary life is increasingly shaped through attunement to the atmospheric affordances of the media environment. Ambient Media delves into the use of music, video, film, and literature as tools to tune this atmospheric self. The book traces the emergence of mood-regulating media in Japan from the environmental art and Erik Satie boom of the 1960s and 70s to the more recent emphasis on “healing” styles. Focusing on how ambience reshapes those dwelling within it, Ambient Media explores the working of atmospheres designed for affective calm, rhythmic attunement, embodied security, and urban coexistence. The book argues for understanding ambient media as a specifically neoliberal response to mood regulation, serving as a way to atmospherically shape collective behavior while providing resources for emotional autonomy and attention restoration at the individual level. Ambient Media considers the adaptive side of atmosphere as an approach to self-care and social mobility. At the same time, the book considers the limits of mood regulation and the low-affect lifestyle when it comes to interpersonal life. Musicians, video artists, filmmakers, and writers in Japan have expanded on Brian Eno’s original idea of a style affording “calm, and a space to think,” providing materials to cultivate sensory serenity within the uncertain horizons of the contemporary social landscape. Offering a new way of understanding Japanese social demands to “read the air,” the book documents both the adaptive and the alarming sides of this turn to mediated moods.
Kevin Newmark
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780823240128
- eISBN:
- 9780823240166
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823240128.003.0006
- Subject:
- Literature, Criticism/Theory
The major articulation in Kierkegaard's works occurs as a passage from Greek recollection to Christian repetition. But what exactly does repetition mean in Kierkegaard's writing and to what extent ...
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The major articulation in Kierkegaard's works occurs as a passage from Greek recollection to Christian repetition. But what exactly does repetition mean in Kierkegaard's writing and to what extent would it remain compatible with philosophical discourse, much less Christian orthodoxy? This chapter examines Kierkegaard's “repetition” as a force that propels Greek recollection into historical actuality, though only by placing thought's own history forever beyond all dialectical and religious authority. This force, theorized and exemplified in Repetition, is also inscribed in Fear and Trembling, Kierkegaard's most remarkable treatment of the relation between thought, recollection, mediation, repetition, and history. Abraham's faith involves thought in a collision with the Absolute, one in which history as repetition must re-inaugurate itself at every instant. A consideration of the other two figures taken up again by Kierkegaard's text—Isaac and the ram—suggests how Kierkegaardian repetition opens a mode of historicity as ironic as it is unbelievable.Less
The major articulation in Kierkegaard's works occurs as a passage from Greek recollection to Christian repetition. But what exactly does repetition mean in Kierkegaard's writing and to what extent would it remain compatible with philosophical discourse, much less Christian orthodoxy? This chapter examines Kierkegaard's “repetition” as a force that propels Greek recollection into historical actuality, though only by placing thought's own history forever beyond all dialectical and religious authority. This force, theorized and exemplified in Repetition, is also inscribed in Fear and Trembling, Kierkegaard's most remarkable treatment of the relation between thought, recollection, mediation, repetition, and history. Abraham's faith involves thought in a collision with the Absolute, one in which history as repetition must re-inaugurate itself at every instant. A consideration of the other two figures taken up again by Kierkegaard's text—Isaac and the ram—suggests how Kierkegaardian repetition opens a mode of historicity as ironic as it is unbelievable.
Joanne Garde-Hansen
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780748640348
- eISBN:
- 9780748670949
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640348.001.0001
- Subject:
- Society and Culture, Media Studies
How do we rely on media for remembering? In exploring the complex ways that media converge to support our desire to capture, store and retrieve memories, this textbook offers analyses of ...
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How do we rely on media for remembering? In exploring the complex ways that media converge to support our desire to capture, store and retrieve memories, this textbook offers analyses of representations of memorable events, media tools for remembering and forgetting, media technologies for archiving and the role of media producers in making memories. Theories of memory and media are covered alongside an accessible range of case studies focusing on memory in relation to radio, television, pop music, celebrity, digital media and mobile phones. Ethnographic and production culture research, including interviews with members of the public and industry professionals, is also included. Offering a comprehensive introduction to the connections and disconnections in the study of media and memory, this is the perfect textbook for media studies students. Key Features • Presents a thorough and detailed overview of key writers, theories and debates • Case studies enrich the text, offering innovative approaches and insights on methodology • Covers a range of ‘old’ and ‘new’ media including radio, television, film, photography, digital media, mobile phones and popular music • Explores discourses, forms and practices of media and memory with active learning exercises that engage readersLess
How do we rely on media for remembering? In exploring the complex ways that media converge to support our desire to capture, store and retrieve memories, this textbook offers analyses of representations of memorable events, media tools for remembering and forgetting, media technologies for archiving and the role of media producers in making memories. Theories of memory and media are covered alongside an accessible range of case studies focusing on memory in relation to radio, television, pop music, celebrity, digital media and mobile phones. Ethnographic and production culture research, including interviews with members of the public and industry professionals, is also included. Offering a comprehensive introduction to the connections and disconnections in the study of media and memory, this is the perfect textbook for media studies students. Key Features • Presents a thorough and detailed overview of key writers, theories and debates • Case studies enrich the text, offering innovative approaches and insights on methodology • Covers a range of ‘old’ and ‘new’ media including radio, television, film, photography, digital media, mobile phones and popular music • Explores discourses, forms and practices of media and memory with active learning exercises that engage readers
Nadja Alexander
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0002
- Subject:
- Law, Comparative Law, Private International Law
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ...
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This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.Less
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.
Evgen Georgiev and Christa Jessel-holst
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0005
- Subject:
- Law, Comparative Law, Private International Law
Mediation in Bulgaria was first regulated in the Mediation Act of 2004, which has subsequently been amended on several occasions. In 2011, this Act was harmonised with EU Directive 2008/52/EC. ...
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Mediation in Bulgaria was first regulated in the Mediation Act of 2004, which has subsequently been amended on several occasions. In 2011, this Act was harmonised with EU Directive 2008/52/EC. Mediation is still in its infancy stage. It is based on the well-known principles of voluntary recourse and equal treatment; neutrality and impartiality of mediators; and confidentiality. The promotion of mediation mainly relies on the individual efforts of mediators and some judges. There are no direct incentives for mediation, but if a case is settled through mediation and the court approves the settlement, the plaintiff receives back reimbursement of half of the court fee. Mediation agreements are not enforceable per se, but since the reform of 2011 parties can ask the court to approve a settlement even when there is no pending law suit.Less
Mediation in Bulgaria was first regulated in the Mediation Act of 2004, which has subsequently been amended on several occasions. In 2011, this Act was harmonised with EU Directive 2008/52/EC. Mediation is still in its infancy stage. It is based on the well-known principles of voluntary recourse and equal treatment; neutrality and impartiality of mediators; and confidentiality. The promotion of mediation mainly relies on the individual efforts of mediators and some judges. There are no direct incentives for mediation, but if a case is settled through mediation and the court approves the settlement, the plaintiff receives back reimbursement of half of the court fee. Mediation agreements are not enforceable per se, but since the reform of 2011 parties can ask the court to approve a settlement even when there is no pending law suit.
Jens M. Scherpe and Bevan Marten
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0006
- Subject:
- Law, Comparative Law, Private International Law
This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action ...
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This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action protocols and the rules on costs in particular, as well as the interaction between mediation and the common law rules of confidentiality and privilege. England has taken a very light-handed approach to the regulation of mediation, with few rules in place outside of the legal aid scheme's funding code, and those required by the Mediation Directive (which has been implemented only in relation to cross-border mediations). Accordingly, a number of private organisations have been developing the jurisdiction's mediation profession and infrastructure (with the support of the judiciary) since the 1990s, but almost all matters of practice and procedure are left to the parties' discretion. A number of empirical studies are commented on, particularly in the context of family mediation and small claims mediation.Less
This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action protocols and the rules on costs in particular, as well as the interaction between mediation and the common law rules of confidentiality and privilege. England has taken a very light-handed approach to the regulation of mediation, with few rules in place outside of the legal aid scheme's funding code, and those required by the Mediation Directive (which has been implemented only in relation to cross-border mediations). Accordingly, a number of private organisations have been developing the jurisdiction's mediation profession and infrastructure (with the support of the judiciary) since the 1990s, but almost all matters of practice and procedure are left to the parties' discretion. A number of empirical studies are commented on, particularly in the context of family mediation and small claims mediation.
Nikolaos K. Klamaris and Calliope G. Chronopoulou
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0009
- Subject:
- Law, Comparative Law, Private International Law
Law 3898 about mediation, which implemented the EU-Mediation Directive, was introduced in December 2010 and it provides for the issuance of supplementary ministerial decisions and presidential ...
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Law 3898 about mediation, which implemented the EU-Mediation Directive, was introduced in December 2010 and it provides for the issuance of supplementary ministerial decisions and presidential decrees, some of which have not yet been issued. As a result, at the moment mediation cannot be applied as a method of alternative dispute resolution. Only lawyers can act as mediators after their certification, which is awarded after examination before an examination committee. The parties can use mediation only as relates to rights and obligations on which they are free to decide themselves (e.g. small claims disputes, consumer law disputes, some family law disputes, trade law disputes). The use of mediation depends on the initiative of the parties and constitutes a strictly private procedure of resolving disputes. The main aim of introducing mediation in Greece is to relieve the congestion experienced in the state courts.Less
Law 3898 about mediation, which implemented the EU-Mediation Directive, was introduced in December 2010 and it provides for the issuance of supplementary ministerial decisions and presidential decrees, some of which have not yet been issued. As a result, at the moment mediation cannot be applied as a method of alternative dispute resolution. Only lawyers can act as mediators after their certification, which is awarded after examination before an examination committee. The parties can use mediation only as relates to rights and obligations on which they are free to decide themselves (e.g. small claims disputes, consumer law disputes, some family law disputes, trade law disputes). The use of mediation depends on the initiative of the parties and constitutes a strictly private procedure of resolving disputes. The main aim of introducing mediation in Greece is to relieve the congestion experienced in the state courts.
Vlad Strukov
- Published in print:
- 2016
- Published Online:
- January 2018
- ISBN:
- 9781474407649
- eISBN:
- 9781474422024
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474407649.003.0010
- Subject:
- Film, Television and Radio, Film
I use Fedorchenko’s film, with its faked and performed claims to authenticity, as a means to explore the so-called authenticity-thesis. It contains a particular methodological claim which, according ...
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I use Fedorchenko’s film, with its faked and performed claims to authenticity, as a means to explore the so-called authenticity-thesis. It contains a particular methodological claim which, according to Ferrara, amounts to a ‘postmetaphysical standpoint’ as an acknowledgement of the impossibility to grasp reality outside an interpretative framework, and that there exists ‘an irreducible multiplicity of interpretative frameworks’ (1998: 11). As a result the subject is for ever destined to float among competing versions, paradigms, symbolic universes, etc. which can never be overcome either through recourse to some decisive evidence or design and use of an experiment. Ferrara’s term ‘self-congruency’ does not presuppose coherence or consistency; instead, it is a matter of symbolic identity and relevance, that is, constant iteration and examination of subjectivity. I show the authenticity-thesis is particularly useful for our consideration of abstract identities, such as traditions and rituals, in the symbolic mode. They advance a feeling (and knowledge) of continuity in time: the capacity to experience the continuity of the other helps forward the congruency of the self, leading to the annihilation of the identity. Such identities rely on the demarcations of the congruent being in opposition to self-confusion and self-diffusion.Less
I use Fedorchenko’s film, with its faked and performed claims to authenticity, as a means to explore the so-called authenticity-thesis. It contains a particular methodological claim which, according to Ferrara, amounts to a ‘postmetaphysical standpoint’ as an acknowledgement of the impossibility to grasp reality outside an interpretative framework, and that there exists ‘an irreducible multiplicity of interpretative frameworks’ (1998: 11). As a result the subject is for ever destined to float among competing versions, paradigms, symbolic universes, etc. which can never be overcome either through recourse to some decisive evidence or design and use of an experiment. Ferrara’s term ‘self-congruency’ does not presuppose coherence or consistency; instead, it is a matter of symbolic identity and relevance, that is, constant iteration and examination of subjectivity. I show the authenticity-thesis is particularly useful for our consideration of abstract identities, such as traditions and rituals, in the symbolic mode. They advance a feeling (and knowledge) of continuity in time: the capacity to experience the continuity of the other helps forward the congruency of the self, leading to the annihilation of the identity. Such identities rely on the demarcations of the congruent being in opposition to self-confusion and self-diffusion.
Jan Peter Schmidt
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0015
- Subject:
- Law, Comparative Law, Private International Law
Over the last 15 years, Portugal has increasingly developed mediation as a means of alternative dispute resolution. The legislature has so far adopted a piecemeal approach and created independent ...
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Over the last 15 years, Portugal has increasingly developed mediation as a means of alternative dispute resolution. The legislature has so far adopted a piecemeal approach and created independent mediation regimes for different sectors, such as low-value disputes, family law, labour law and criminal law. The implementation of the EU Mediation Directive in 2009 left the existing regulations largely untouched, but introduced provisions of general applicability for the first time. Portuguese mediation law is characterised by a considerable level of State control: State institutions function as the first port of call for mediation and supervise the admission of mediators. Mediation proceedings are kept inexpensive for the parties, and outside the formalised structures they are denied legal support. The practical results of mediation, which is still entirely voluntary, have been promising but there has not yet been any breakthrough.Less
Over the last 15 years, Portugal has increasingly developed mediation as a means of alternative dispute resolution. The legislature has so far adopted a piecemeal approach and created independent mediation regimes for different sectors, such as low-value disputes, family law, labour law and criminal law. The implementation of the EU Mediation Directive in 2009 left the existing regulations largely untouched, but introduced provisions of general applicability for the first time. Portuguese mediation law is characterised by a considerable level of State control: State institutions function as the first port of call for mediation and supervise the admission of mediators. Mediation proceedings are kept inexpensive for the parties, and outside the formalised structures they are denied legal support. The practical results of mediation, which is still entirely voluntary, have been promising but there has not yet been any breakthrough.
Knut B. Pissler
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0019
- Subject:
- Law, Comparative Law, Private International Law
Resolution in the form of mediation has a long tradition in China. On the one hand, the importance of mediation can be traced back to the philosophy of Confucianism. On the other hand, extra-judicial ...
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Resolution in the form of mediation has a long tradition in China. On the one hand, the importance of mediation can be traced back to the philosophy of Confucianism. On the other hand, extra-judicial mediation gained in acceptance in China because of the socialist approach to involve the populace more directly in the solution of conflicts, thereby having an educative effect on the people. In recent years, top political-legal authorities of the Chinese Communist Party have been promoting mediation as the key to resolving all disputes and linking it to the Chinese Communist Party's new ‘harmonious society’ political doctrine. Regardless of problems in the quality of mediators and the mediation procedure, mediation, and especially mediation by the Peoples’ Mediation Committees, is considered to be a very successful dispute resolution mechanism in China. However, with the new emphasis on mediation and the consequent marginalisation of the Chinese judiciary for the sake of social stability, there is a danger of a retreat from the ‘rule of law’.Less
Resolution in the form of mediation has a long tradition in China. On the one hand, the importance of mediation can be traced back to the philosophy of Confucianism. On the other hand, extra-judicial mediation gained in acceptance in China because of the socialist approach to involve the populace more directly in the solution of conflicts, thereby having an educative effect on the people. In recent years, top political-legal authorities of the Chinese Communist Party have been promoting mediation as the key to resolving all disputes and linking it to the Chinese Communist Party's new ‘harmonious society’ political doctrine. Regardless of problems in the quality of mediators and the mediation procedure, mediation, and especially mediation by the Peoples’ Mediation Committees, is considered to be a very successful dispute resolution mechanism in China. However, with the new emphasis on mediation and the consequent marginalisation of the Chinese judiciary for the sake of social stability, there is a danger of a retreat from the ‘rule of law’.
