Tim Maudlin
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199218219
- eISBN:
- 9780191711596
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218219.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
What fundamental account of the world is implicit in physical theory? Physics straightforwardly postulates quarks and electrons, but what of the more intangible elements, such as laws of nature, ...
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What fundamental account of the world is implicit in physical theory? Physics straightforwardly postulates quarks and electrons, but what of the more intangible elements, such as laws of nature, universals, and the direction of time? Do they have a place in the physical structure of the world? This book argues that the ontology derived from physics takes a form quite different from those most commonly defended by philosophers. Physics postulates irreducible fundamental laws, eschews universals, does not require a fundamental notion of causation, and makes room for the passage of time. The book contains a series of linked essays in the form of chapters and through them it outlines an approach to metaphysics opposed to the Humean reductionism that motivates much analytical metaphysics.Less
What fundamental account of the world is implicit in physical theory? Physics straightforwardly postulates quarks and electrons, but what of the more intangible elements, such as laws of nature, universals, and the direction of time? Do they have a place in the physical structure of the world? This book argues that the ontology derived from physics takes a form quite different from those most commonly defended by philosophers. Physics postulates irreducible fundamental laws, eschews universals, does not require a fundamental notion of causation, and makes room for the passage of time. The book contains a series of linked essays in the form of chapters and through them it outlines an approach to metaphysics opposed to the Humean reductionism that motivates much analytical metaphysics.
Huib Schippers
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195379754
- eISBN:
- 9780199864386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195379754.003.0004
- Subject:
- Music, Ethnomusicology, World Music
Taking into consideration the form and content of various forms of music and the interaction between learner and teacher, this chapter explores tangible and less tangible aspects of music that are ...
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Taking into consideration the form and content of various forms of music and the interaction between learner and teacher, this chapter explores tangible and less tangible aspects of music that are considered the essential skill base for musicians in various cultures. Juxtaposing Western art music with African musics, Indian court music, and village gamelans, it demonstrates that there are vast differences in approaches and priorities, which resonate in systems of music education. This ranges from tangible aspects such as repertoire and performance practice; (explicit or implicit) theories; creativity and expression; and the culture and values underlying any music practice. It goes on to examine how these aspects of music are learned or transmitted: with or without notation, atomistic or holistic, with emphasis on tangible or intangible aspects?Less
Taking into consideration the form and content of various forms of music and the interaction between learner and teacher, this chapter explores tangible and less tangible aspects of music that are considered the essential skill base for musicians in various cultures. Juxtaposing Western art music with African musics, Indian court music, and village gamelans, it demonstrates that there are vast differences in approaches and priorities, which resonate in systems of music education. This ranges from tangible aspects such as repertoire and performance practice; (explicit or implicit) theories; creativity and expression; and the culture and values underlying any music practice. It goes on to examine how these aspects of music are learned or transmitted: with or without notation, atomistic or holistic, with emphasis on tangible or intangible aspects?
James G. Lochtefeld
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195386141
- eISBN:
- 9780199866380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195386141.003.0004
- Subject:
- Religion, Hinduism
Chapter 4 examines economic patterns, particularly how religious goods and services are integral to Hardwar’s highly seasonal economy. The busy season is April–October, when it serves as the gateway ...
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Chapter 4 examines economic patterns, particularly how religious goods and services are integral to Hardwar’s highly seasonal economy. The busy season is April–October, when it serves as the gateway to Himalayan shrines such as Kedarnath and Badrinath, but festivals can generate large off-season pilgrim crowds, and local business owners pay close attention to the calendar. Hardwar’s religious importance means that intangible goods and services (removing sins or bestowing blessings) are vital to the city’s economy, and money given for them supports many different groups: beggars, service organizations, soup kitchens (annakshetras), religious trusts, and individual gurus. Each group has a vested interest in receiving gifts (dan) and can deploy strong arguments for such gifts’ religious merit (punya). Finally, despite Hardwar’s reputation as a holy place, one also finds instances of fraud, deception, and crimes of opportunity consistent with any large transient population.Less
Chapter 4 examines economic patterns, particularly how religious goods and services are integral to Hardwar’s highly seasonal economy. The busy season is April–October, when it serves as the gateway to Himalayan shrines such as Kedarnath and Badrinath, but festivals can generate large off-season pilgrim crowds, and local business owners pay close attention to the calendar. Hardwar’s religious importance means that intangible goods and services (removing sins or bestowing blessings) are vital to the city’s economy, and money given for them supports many different groups: beggars, service organizations, soup kitchens (annakshetras), religious trusts, and individual gurus. Each group has a vested interest in receiving gifts (dan) and can deploy strong arguments for such gifts’ religious merit (punya). Finally, despite Hardwar’s reputation as a holy place, one also finds instances of fraud, deception, and crimes of opportunity consistent with any large transient population.
George J. Benston, Michael Bromwich, Robert E. Litan, and Alfred Wagenhofer
- Published in print:
- 2006
- Published Online:
- February 2006
- ISBN:
- 9780195305838
- eISBN:
- 9780199783342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195305833.003.0011
- Subject:
- Economics and Finance, Financial Economics
This chapter reiterates the major themes of the book and then further discusses a number of current key issues in financial reporting: that “fair values” based on estimates are unlikely to be seen as ...
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This chapter reiterates the major themes of the book and then further discusses a number of current key issues in financial reporting: that “fair values” based on estimates are unlikely to be seen as trustworthy and may be difficult, if not impossible, to verify; that financial reports can never provide all the information necessary for entity valuation; and that national differences in accounting requirements mean that any global set of accounting standards is likely to fragment in use. It suggests that a better approach is to entertain a small set of competitive international accounting standard regimes.Less
This chapter reiterates the major themes of the book and then further discusses a number of current key issues in financial reporting: that “fair values” based on estimates are unlikely to be seen as trustworthy and may be difficult, if not impossible, to verify; that financial reports can never provide all the information necessary for entity valuation; and that national differences in accounting requirements mean that any global set of accounting standards is likely to fragment in use. It suggests that a better approach is to entertain a small set of competitive international accounting standard regimes.
Roald Maliangkay
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780824866655
- eISBN:
- 9780824876845
- Item type:
- book
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824866655.001.0001
- Subject:
- Music, Ethnomusicology, World Music
Broken Voices is the first English-language book on Korea’s rich folksong traditions, and the first study of the effects of Japanese colonialism on the intangible heritage of its former colony. ...
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Broken Voices is the first English-language book on Korea’s rich folksong traditions, and the first study of the effects of Japanese colonialism on the intangible heritage of its former colony. Maliangkay demonstrates that South Korea’s cultural preservation system, one of the world’s most elaborate, is deeply rooted in the period of Japanese colonial rule. He describes how the three largest folksong traditions, which have all been passed on in and around Seoul, have developed prior to and after becoming recognized as national cultural properties. Although continued government funding for Korea’s national heritage has won over many skeptics, close analysis of the traditions reveals that they have changed significantly since their official designation as Important Intangible Cultural Property. Those changes are, however, not caused by the prevailing image of Japan only, or the system per se, but by a combination of socio-political and economic factors. Since traditions that fail to attract practitioners and audiences are unsustainable, compromises may be unwelcome, but imperative.Less
Broken Voices is the first English-language book on Korea’s rich folksong traditions, and the first study of the effects of Japanese colonialism on the intangible heritage of its former colony. Maliangkay demonstrates that South Korea’s cultural preservation system, one of the world’s most elaborate, is deeply rooted in the period of Japanese colonial rule. He describes how the three largest folksong traditions, which have all been passed on in and around Seoul, have developed prior to and after becoming recognized as national cultural properties. Although continued government funding for Korea’s national heritage has won over many skeptics, close analysis of the traditions reveals that they have changed significantly since their official designation as Important Intangible Cultural Property. Those changes are, however, not caused by the prevailing image of Japan only, or the system per se, but by a combination of socio-political and economic factors. Since traditions that fail to attract practitioners and audiences are unsustainable, compromises may be unwelcome, but imperative.
Michael S. Long and Thomas A. Bryant
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195301465
- eISBN:
- 9780199867288
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301465.003.0003
- Subject:
- Economics and Finance, Financial Economics
This chapter discusses situations where a firm cannot be valued as a going concern. In such cases, value of all assets, both tangible and intangible, are viewed as being put to their most productive ...
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This chapter discusses situations where a firm cannot be valued as a going concern. In such cases, value of all assets, both tangible and intangible, are viewed as being put to their most productive alternative uses. In this context, their earning power is assumed to be higher in some applications other than the current business where they are employed, so their effects on the modified income statement are disregarded. The chapter focuses on an extended Balance Sheet that includes all intangibles.Less
This chapter discusses situations where a firm cannot be valued as a going concern. In such cases, value of all assets, both tangible and intangible, are viewed as being put to their most productive alternative uses. In this context, their earning power is assumed to be higher in some applications other than the current business where they are employed, so their effects on the modified income statement are disregarded. The chapter focuses on an extended Balance Sheet that includes all intangibles.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for ...
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This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.Less
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.
Charles Travis
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199596218
- eISBN:
- 9780191595783
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199596218.003.0009
- Subject:
- Philosophy, Aesthetics
This chapter compares Frege and Austin on truth. One might think that these thinkers held opposing views on truth. But, at least for the most part, there is no reason to think this. It is better, it ...
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This chapter compares Frege and Austin on truth. One might think that these thinkers held opposing views on truth. But, at least for the most part, there is no reason to think this. It is better, it is argued, to see them as holding complementary views, shaped by different overarching interests. Austin's picture of truth is one which fits the case of concrete speech acts naturally, and which captures important aspects of truth which would otherwise be neglected. For example, it makes clear the shortcomings of deflationisms about truth. Frege's view fits naturally where truth's central application is seen as judgements. The one place where there might be disagreement between these two thinkers is in some remarks of Frege's about the failure of logic (or any precise theory) to apply to what he calls ‘pseudo-conceptual constructions’. But even here, it is argued, there is less than clear disagreement.Less
This chapter compares Frege and Austin on truth. One might think that these thinkers held opposing views on truth. But, at least for the most part, there is no reason to think this. It is better, it is argued, to see them as holding complementary views, shaped by different overarching interests. Austin's picture of truth is one which fits the case of concrete speech acts naturally, and which captures important aspects of truth which would otherwise be neglected. For example, it makes clear the shortcomings of deflationisms about truth. Frege's view fits naturally where truth's central application is seen as judgements. The one place where there might be disagreement between these two thinkers is in some remarks of Frege's about the failure of logic (or any precise theory) to apply to what he calls ‘pseudo-conceptual constructions’. But even here, it is argued, there is less than clear disagreement.
David J. Teece
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780198295426
- eISBN:
- 9780191596964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295421.003.0001
- Subject:
- Economics and Finance, Microeconomics
The core of management in the knowledge economy is the development and deployment and utilization of intangible assets, the most significant being (tacit) knowledge, competence, and intellectual ...
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The core of management in the knowledge economy is the development and deployment and utilization of intangible assets, the most significant being (tacit) knowledge, competence, and intellectual property. Intangible assets are the main basis of competitive differentiation and successful strategies in many sectors, as manifested in the growing literature on issues such as loyalty, intangible assets, complementary assets, appropriability, and technological know‐how. This chapter discusses some of these important issues, the nature and development of dynamic capabilities, and draws implications for understanding the theory of the business firm.Less
The core of management in the knowledge economy is the development and deployment and utilization of intangible assets, the most significant being (tacit) knowledge, competence, and intellectual property. Intangible assets are the main basis of competitive differentiation and successful strategies in many sectors, as manifested in the growing literature on issues such as loyalty, intangible assets, complementary assets, appropriability, and technological know‐how. This chapter discusses some of these important issues, the nature and development of dynamic capabilities, and draws implications for understanding the theory of the business firm.
Hrishikes Bhattacharya
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198074106
- eISBN:
- 9780199080861
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074106.003.0007
- Subject:
- Economics and Finance, Financial Economics
One of the principal objectives of a finance manager is to maintain the dynamic stability of current assets in response to the level of capacity utilisation. The dynamism can be maintained only when ...
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One of the principal objectives of a finance manager is to maintain the dynamic stability of current assets in response to the level of capacity utilisation. The dynamism can be maintained only when the quality of current assets is such as to ensure their fast movement by continuous replacement, so that they remain current. This chapter critically examines the major items of current assets. It discusses in detail cash and bank balances, sundry debtors/receivables, inventory valuation, various types of stocks/inventories, loans and advances, and intangible and fictitious assets.Less
One of the principal objectives of a finance manager is to maintain the dynamic stability of current assets in response to the level of capacity utilisation. The dynamism can be maintained only when the quality of current assets is such as to ensure their fast movement by continuous replacement, so that they remain current. This chapter critically examines the major items of current assets. It discusses in detail cash and bank balances, sundry debtors/receivables, inventory valuation, various types of stocks/inventories, loans and advances, and intangible and fictitious assets.
Geoffrey Brennan and Philip Pettit
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199246489
- eISBN:
- 9780191601460
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246483.003.0014
- Subject:
- Economics and Finance, Microeconomics
The economics of esteem can have a normative as well as a positive aspect, directing us to lessons in institutional design and policy-making. The case for this view is set out in these final chapters ...
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The economics of esteem can have a normative as well as a positive aspect, directing us to lessons in institutional design and policy-making. The case for this view is set out in these final chapters fairly abstractly, since the empirical groundwork for a more detailed program in institutional design is just not available. The economy of esteem, when it works for good, is an intangible hand that operates in parallel to the invisible hand of the market and the iron hand of the state. Intangible-hand regulation promises to be a particularly attractive and effective way for society to arrange its affairs. In particular, it promises to be more attractive and more effective in a number of respects than the more familiar alternatives.Less
The economics of esteem can have a normative as well as a positive aspect, directing us to lessons in institutional design and policy-making. The case for this view is set out in these final chapters fairly abstractly, since the empirical groundwork for a more detailed program in institutional design is just not available. The economy of esteem, when it works for good, is an intangible hand that operates in parallel to the invisible hand of the market and the iron hand of the state. Intangible-hand regulation promises to be a particularly attractive and effective way for society to arrange its affairs. In particular, it promises to be more attractive and more effective in a number of respects than the more familiar alternatives.
Paul Sheard
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198288152
- eISBN:
- 9780191684579
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198288152.003.0013
- Subject:
- Economics and Finance, South and East Asia
This chapter discusses the interrelatedness of the financial feature of stable shareholding and the internal feature of permanent employment in the context of corporate governance. The chapter notes ...
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This chapter discusses the interrelatedness of the financial feature of stable shareholding and the internal feature of permanent employment in the context of corporate governance. The chapter notes that the interlocking stable shareholding arrangement operates as a take-over insulation device for Japanese firms. This chapter explores the idea that some degree of insulation from competition in the market for corporate control is conducive to the operation of the permanent employment system. By making credible an investor's ex ante promise not to intervene in the ordinary state of business, stable shareholding provides incentives for managers and workers to invest in firm-specific intangible assets. This chapter also makes an interesting observation regarding the role of securities companies acting as intermediaries for stable reciprocal shareholding arrangements, which does not appear to have been written about before. Insulation from take-over may suggest to neoclassical economists enormous scope for managerial moral hazard. However, the chapter argues that the main bank acts as a kind of delegated monitor, particularly in its intervention role with regard to failing firms, analogous to the take-over mechanism. Also, it is argued that within the context of permanent employment system lower-level managers who have stakes in higher-level managers' decisions may be motivated to carry out internal monitoring.Less
This chapter discusses the interrelatedness of the financial feature of stable shareholding and the internal feature of permanent employment in the context of corporate governance. The chapter notes that the interlocking stable shareholding arrangement operates as a take-over insulation device for Japanese firms. This chapter explores the idea that some degree of insulation from competition in the market for corporate control is conducive to the operation of the permanent employment system. By making credible an investor's ex ante promise not to intervene in the ordinary state of business, stable shareholding provides incentives for managers and workers to invest in firm-specific intangible assets. This chapter also makes an interesting observation regarding the role of securities companies acting as intermediaries for stable reciprocal shareholding arrangements, which does not appear to have been written about before. Insulation from take-over may suggest to neoclassical economists enormous scope for managerial moral hazard. However, the chapter argues that the main bank acts as a kind of delegated monitor, particularly in its intervention role with regard to failing firms, analogous to the take-over mechanism. Also, it is argued that within the context of permanent employment system lower-level managers who have stakes in higher-level managers' decisions may be motivated to carry out internal monitoring.
Robin P. Harris
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780252041280
- eISBN:
- 9780252099885
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041280.001.0001
- Subject:
- Society and Culture, Cultural Studies
Significant historical, global, and political forces of the Soviet period undermined the performance practice of the Sakha olonkho epic in northeastern Siberia, impairing the potential for ...
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Significant historical, global, and political forces of the Soviet period undermined the performance practice of the Sakha olonkho epic in northeastern Siberia, impairing the potential for sustainability of this ancient song-story tradition. This book documents how the Sakha people have leveraged UNESCO’s 2005 proclamation of this genre as a “Masterpiece of the Oral and Intangible Heritage of Humanity” in their attempts to revitalize its performance practice. Foregrounding Sakha narratives, this case study examines the forces leading to the decline of olonkho during the Soviet era and the factors currently playing a role in the genre’s revitalization. In addition, this volume explores the appropriation of the olonkho tradition to express Sakha cultural identity in an increasingly globalized post-Soviet Russia and describes the transformations of olonkho as it adapts to change. Despite vigorous promotion of the revitalization process by the Sakha Ministry of Culture and the academic community, current levels of transmission and creative innovation do not foster adequate resilience for the survival of traditional olonkho as improvisationally performed by master olonkhosuts. In contrast, related genres such as theatrical olonkho and other multi-person olonkho performances enjoy increasing popularity and demonstrate many of the needed resilience markers for a sustainable future.Less
Significant historical, global, and political forces of the Soviet period undermined the performance practice of the Sakha olonkho epic in northeastern Siberia, impairing the potential for sustainability of this ancient song-story tradition. This book documents how the Sakha people have leveraged UNESCO’s 2005 proclamation of this genre as a “Masterpiece of the Oral and Intangible Heritage of Humanity” in their attempts to revitalize its performance practice. Foregrounding Sakha narratives, this case study examines the forces leading to the decline of olonkho during the Soviet era and the factors currently playing a role in the genre’s revitalization. In addition, this volume explores the appropriation of the olonkho tradition to express Sakha cultural identity in an increasingly globalized post-Soviet Russia and describes the transformations of olonkho as it adapts to change. Despite vigorous promotion of the revitalization process by the Sakha Ministry of Culture and the academic community, current levels of transmission and creative innovation do not foster adequate resilience for the survival of traditional olonkho as improvisationally performed by master olonkhosuts. In contrast, related genres such as theatrical olonkho and other multi-person olonkho performances enjoy increasing popularity and demonstrate many of the needed resilience markers for a sustainable future.
Lucas Lixinski
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679508
- eISBN:
- 9780191758546
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679508.001.0001
- Subject:
- Law, Public International Law, Law of Obligations
This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, ...
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This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, pertaining ICH. By incorporating different disciplinary takes on the issues associated with safeguarding intangible heritage, this book tells a story about how the law works and ought to work towards protecting communities, as those from where ICH stems, and to whom benefits of its exploitation must return. ICH can be safeguarded by institutions on three different levels: international, regional and national. At the international level, the foremost initiative is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that ICH helps promote a common identity for the region, becoming thus a desirable staple of integration. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potentials and pitfalls of human rights law, intellectual property tools and contractual approaches. Human rights law is a useful tool because of the connection between ICH and cultural identity, but it disregards the important group dimension of heritage. Intellectual property offers the strongest form of protection, but it easily ossifies heritage. Finally, contractual approaches can be used, meaning legal arrangements directly amongst the different stakeholders interested in economically exploiting intangible heritage.Less
This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, pertaining ICH. By incorporating different disciplinary takes on the issues associated with safeguarding intangible heritage, this book tells a story about how the law works and ought to work towards protecting communities, as those from where ICH stems, and to whom benefits of its exploitation must return. ICH can be safeguarded by institutions on three different levels: international, regional and national. At the international level, the foremost initiative is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that ICH helps promote a common identity for the region, becoming thus a desirable staple of integration. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potentials and pitfalls of human rights law, intellectual property tools and contractual approaches. Human rights law is a useful tool because of the connection between ICH and cultural identity, but it disregards the important group dimension of heritage. Intellectual property offers the strongest form of protection, but it easily ossifies heritage. Finally, contractual approaches can be used, meaning legal arrangements directly amongst the different stakeholders interested in economically exploiting intangible heritage.
M. W. Lau
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199602407
- eISBN:
- 9780191725203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602407.003.0007
- Subject:
- Law, Trusts
This chapter charts the decline of property and trust in legal and economic thinking. It explains that the economic analysis of property does not consider property to be a coherent concept. Instead, ...
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This chapter charts the decline of property and trust in legal and economic thinking. It explains that the economic analysis of property does not consider property to be a coherent concept. Instead, property is treated as bilateral use rights between two parties. In law, property has declined significantly from its golden age in the eighteenth century. This is largely due to the changing nature of the economy and property's failure to adapt to changing circumstances. This chapter then shows how the traditional idea of property, based on the right to exclude, cannot adequately explain the trust and the beneficial interest. As a result of property's inability to explain trusts, the obligational and entity approaches have come to prominence.Less
This chapter charts the decline of property and trust in legal and economic thinking. It explains that the economic analysis of property does not consider property to be a coherent concept. Instead, property is treated as bilateral use rights between two parties. In law, property has declined significantly from its golden age in the eighteenth century. This is largely due to the changing nature of the economy and property's failure to adapt to changing circumstances. This chapter then shows how the traditional idea of property, based on the right to exclude, cannot adequately explain the trust and the beneficial interest. As a result of property's inability to explain trusts, the obligational and entity approaches have come to prominence.
Daromir Rudnyckyj
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226551920
- eISBN:
- 9780226552118
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226552118.003.0006
- Subject:
- Anthropology, Social and Cultural Anthropology
This chapter contrasts shariah-compliant and shariah-based Islamic finance, arguing that their difference is ground in different methodologies for creating Islamic financial devices. In documenting ...
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This chapter contrasts shariah-compliant and shariah-based Islamic finance, arguing that their difference is ground in different methodologies for creating Islamic financial devices. In documenting debates over the religiosity of intangible assets, the chapter argues that these two approaches reflect fundamentally different conceptualizations of the relationship between Islamic and secular knowledge. The chapter shows how the formalist approach used in shariah-compliant Islamic finance lends itself to relatively easy replication of conventional financial instruments. The chapter also documents contemporary experiments in Islamic finance as experts seek to synthesize shariah-based instruments, which are viewed as having more religious credibility and authenticity.Less
This chapter contrasts shariah-compliant and shariah-based Islamic finance, arguing that their difference is ground in different methodologies for creating Islamic financial devices. In documenting debates over the religiosity of intangible assets, the chapter argues that these two approaches reflect fundamentally different conceptualizations of the relationship between Islamic and secular knowledge. The chapter shows how the formalist approach used in shariah-compliant Islamic finance lends itself to relatively easy replication of conventional financial instruments. The chapter also documents contemporary experiments in Islamic finance as experts seek to synthesize shariah-based instruments, which are viewed as having more religious credibility and authenticity.
Colin Mayer
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780197266045
- eISBN:
- 9780191851452
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266045.003.0003
- Subject:
- History, Cultural History
The corporation has undergone a fundamental change over the last few decades from an organisation with predominantly tangible assets, such as buildings and equipment, to the ‘mindful corporation’ ...
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The corporation has undergone a fundamental change over the last few decades from an organisation with predominantly tangible assets, such as buildings and equipment, to the ‘mindful corporation’ with intangible assets, such as brands, patents and reputations. While the corporation has made immense contributions to economic prosperity and development, it is also associated with growing levels of income and social inequality. To correct its deficiencies and restore trust, it needs to be reinvented for the 21st century. It should be reconceived as a means of commitment to the promotion of the interests of its customers and communities as well as enhancing the wealth of its investors. This requires a careful reconsideration of the purpose of the corporation and its associated forms of ownership and governance. The humanities have a vital role to play in achieving this.Less
The corporation has undergone a fundamental change over the last few decades from an organisation with predominantly tangible assets, such as buildings and equipment, to the ‘mindful corporation’ with intangible assets, such as brands, patents and reputations. While the corporation has made immense contributions to economic prosperity and development, it is also associated with growing levels of income and social inequality. To correct its deficiencies and restore trust, it needs to be reinvented for the 21st century. It should be reconceived as a means of commitment to the promotion of the interests of its customers and communities as well as enhancing the wealth of its investors. This requires a careful reconsideration of the purpose of the corporation and its associated forms of ownership and governance. The humanities have a vital role to play in achieving this.
MICHAEL SPENCE
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780198765011
- eISBN:
- 9780191695278
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765011.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter talks about several justifications for the endowment of intellectual property rights. These justifications are variously focused upon the activities of the creator of an intangible ...
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This chapter talks about several justifications for the endowment of intellectual property rights. These justifications are variously focused upon the activities of the creator of an intangible asset, its would-be user, and the community in which the creator operates. It explains that none of these justifications offers a single over-arching theory of intellectual property law. However, these justifications would altogether encompass the theoretical basis upon which intellectual property rights are granted, and an understanding of their relative strengths is important to the on-going development of the law in a coherent and principled way.Less
This chapter talks about several justifications for the endowment of intellectual property rights. These justifications are variously focused upon the activities of the creator of an intangible asset, its would-be user, and the community in which the creator operates. It explains that none of these justifications offers a single over-arching theory of intellectual property law. However, these justifications would altogether encompass the theoretical basis upon which intellectual property rights are granted, and an understanding of their relative strengths is important to the on-going development of the law in a coherent and principled way.
Roald Maliangkay
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780824866655
- eISBN:
- 9780824876845
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824866655.003.0001
- Subject:
- Music, Ethnomusicology, World Music
In Korea, museum collections have long been comprised of mementos rather than specimens of the national heritage. Even so, Korean cultural properties have served the national interests of various ...
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In Korea, museum collections have long been comprised of mementos rather than specimens of the national heritage. Even so, Korean cultural properties have served the national interests of various administrations since the early 1960s. Although the cultural policies of previous military governments promoted patriotism and national pride, they also nurtured a cultural cringe that would prove hard to erase. Today, however, Korea’s intangible heritage supports the Korean Wave, which brought an end to the cultural cringe in the late 1990s.Less
In Korea, museum collections have long been comprised of mementos rather than specimens of the national heritage. Even so, Korean cultural properties have served the national interests of various administrations since the early 1960s. Although the cultural policies of previous military governments promoted patriotism and national pride, they also nurtured a cultural cringe that would prove hard to erase. Today, however, Korea’s intangible heritage supports the Korean Wave, which brought an end to the cultural cringe in the late 1990s.
Roald Maliangkay
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780824866655
- eISBN:
- 9780824876845
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824866655.003.0002
- Subject:
- Music, Ethnomusicology, World Music
Legislation related to the protection of cultural properties in Korea has its roots in the period of Japanese colonial rule. The development of Korea’s heritage management policies reflects a growing ...
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Legislation related to the protection of cultural properties in Korea has its roots in the period of Japanese colonial rule. The development of Korea’s heritage management policies reflects a growing recognition of cultural property as representing historical and cultural value beyond mere private possession, and a revalorizing of folk culture in particular. The various measures and procedures that apply to Korean intangible cultural properties today suggest that in the official recognition of traditions and their representatives, hierarchy is more important than skill.Less
Legislation related to the protection of cultural properties in Korea has its roots in the period of Japanese colonial rule. The development of Korea’s heritage management policies reflects a growing recognition of cultural property as representing historical and cultural value beyond mere private possession, and a revalorizing of folk culture in particular. The various measures and procedures that apply to Korean intangible cultural properties today suggest that in the official recognition of traditions and their representatives, hierarchy is more important than skill.
