'Private study' need not be done in 'splendid isolation' to be fair dealing

2012 ◽  
Vol 7 (12) ◽  
pp. 852-854
Author(s):  
E. Crowne
Author(s):  
Matthew Brewis ◽  
Bashir M. Hassan ◽  
Hong Li ◽  
Saad Makhseed ◽  
Neil B. McKeown ◽  
...  
Keyword(s):  

2021 ◽  
pp. 146144482110221
Author(s):  
Tamas Tofalvy ◽  
Júlia Koltai

In this article, we argue that offline inequalities, such as core–periphery relations of the music industry, are reproduced by streaming platforms. First, we offer an overview of the reproduction of inequalities and core–periphery dynamics in the music industry. Then we illustrate this through a small-scale network analysis case study of Hungarian metal bands’ connections on Spotify. We show that the primary determinant of a given band’s international connectedness in Spotify’s algorithmic ecosystem is their international label connections. Bands on international labels have more reciprocal international connections and are more likely to be recommended based on actual genre similarity. However, bands signed with local labels or self-published tend to have domestic connections and to be paired with other artists by Spotify’s recommendation system according to their country of origin.


2015 ◽  
Vol 28 (3) ◽  
pp. 229-231
Author(s):  
Lynette Owen
Keyword(s):  

2014 ◽  
Vol 67 (4) ◽  
pp. 414-435 ◽  
Author(s):  
Jennifer A. Herdt

AbstractRecent scholarship has done much to uncover a continuous tradition of distinctively Reformed natural law reflection, according to which knowledge of the natural moral law, though not saving knowledge, is universally available to humanity in its fallen state and makes a stable secular order possible. A close look at Calvin's understanding of natural law, and in particular of conscience and natural human instincts, shows that Calvin himself did not expect the natural law to serve as a source of substantive action-guiding moral norms. First, Calvin held that conscience delivers information concerning the moral quality even of individual actions. But he also thought that we often blind ourselves to the deliverances of conscience. Second, he argued that our natural instincts predispose us to civic order and fair dealing insofar as these are necessary for the natural well-being or advantage of creatures such as ourselves. But he also carefully distinguished the good of advantage from the good of justice or virtue. The modern natural lawyers eroded Calvin's careful distinction between conscience as revealing our duty as duty, and instinct as guiding us towards natural advantage. They also turned away from Calvin's insistence on the moral incapacity of unredeemed humanity. The modern natural lawyers saw their task as one of developing an empirical science of human nature to guide legislation and shape international law, bracketing questions of whether this nature was fallen and in need of redemption. When Scottish Presbyterian Reformed thinkers, such as Gershom Carmichael and John Witherspoon, tried in diverse ways to restore eroded Reformed commitments to the science of human nature, about which they were otherwise so enthusiastic, they were not particularly successful. A science which could derive moral norms from an examination of human instincts, and a conscience which could deliver universal moral knowledge, proved too attractive to decline simply because of the transcendence of God or the fallenness of humankind. Those who wished to preserve an account of natural law which remained faithful to a fully robust set of Reformed theological commitments could do so only by refusing to regard the natural law as a positive source of moral knowledge.


2013 ◽  
Vol 03 (09) ◽  
pp. 56-61
Author(s):  
Ebrahim Shoarian Sattari

Good Faith is one of the important principles in contract law. This principle is inherited from Roman law and it has been mostly developed in civil law system. Observation of Good faith and Fair dealing in French and German law and many other countries is considered as legal obligation. Good faith, also, is of special stand In Chinese law of contract. Since Good faith is considered as important and valuable, it has been recognized in Common Law System and adopted in English and American law. Islamic law also contains numerous examples of obligations that are based on Good Faith principle. Nowadays, good faith principle has been incorporated in important international instruments such as CISG, UPICC, PECL, and DCFR and its scope has been developed. If good faith principle was being considered in fulfilling of contracts, today it also is considered as important in pre-contractual and conclusion stages of contracts. The aforementioned documents contain regulations for observing good faith in preliminary negotiations, conclusion of contract, fulfilling of contract and the interpretation thereto. The present Article is attempted to show that Good faith is important in all stages including preliminary negotiation and it should be incorporated in domestic legislations. Remedy for breach of this duty in the pre-contractual sphere should be limited only to compensation for damages.


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