386 research outputs found
Badges of trade: the protection of trade marks and related intangibles in unfair competition law
No full textPhDThe increasing efforts within the European Union to harmonise
intellectual property law also lead to the approximation of
some aspects of unfair competition law. Despite these
efforts, common standards for unfair competition law are
still not present.
To find a common legal norm defining the scope of
protection of trade marks and related intangibles in unfair
competition law, similarities and differences between various
national unfair competition provisions are explored in the
light of the Paris Convention.
Setting aside the clear examples of tortious behaviour
in competition, the difficulty surrounding the definition of
clear norms in other unfair competition cases is recognised.
Protection of intangible subject matter on an other basis
than tort can lead to idiosyncratic and circular reasoning.
It is shown that property theories and policy decisions have
to be dismissed as the sole basis in the determination
whether protection is due.
The author describes how a legal concept bearing close
resemblance to tort can overcome these problems. He describes
and argues for an action for 'malign competition', based on
the concept of unjust enrichment.
In examining selected legal systems in more detail,
several key aspects of the proposed action appear to be in
operation already, albeit not recognised.
Selected cases from several jurisdictions are
subsequently tested according to the model of the proposed
action for malign competition. It is demonstrated that the
legal reasoning is more satisfactory, offering a clear norm
and takingway the old idiosyncrasies. Where the outcome on
the basis of the same facts is different, it is shown that
this is the result of a more satisfactory implementation of
the notions of preemption and equitable remuneration than is
currently employed.
The fact that the principle of unjust enrichment is
universally recognised will in the opinion of the author
advance the prospects for future harmonisat
Beauty for the Present: Mill, Arnold, Ruskin and Aesthetic Education
No full textThe present thesis examines the idea of aesthetic education of three eminent Victorians: John Stuart Mill, Matthew Arnold and John Ruskin. By focusing on the essence of what they meant with ‘the cultivation of the beautiful’ and, more importantly, the way their ideas of beauty informed their criticism of society, my study aims to contribute to our understanding of the idea of aesthetic education in the Victorian context and, further, to participate in a recent debate about the nature of beauty and aesthetic education.
Chapter One focuses on John Stuart Mill’s concept of ‘feeling’ in a series of essays. I will demonstrate how Mill’s idea of ‘aesthetic education’ was an ‘education of feelings,’ and moreover, how this idea was integrated into his literary criticism, his later critique of democratisation, his description of an ideal liberal society and even his own style of writing. Chapter Two contains a comparative study of Matthew Arnold and Friedrich Schiller. Through a rereading of Arnold, I will argue that his idea of aesthetic education is essentially Schillerian and that their resemblance consists primarily in their stress on the importance of aesthetic unity for modern life, which was becoming increasingly fragmentary and multitudinous. Chapter Three examines John Ruskin’s idea of aesthetic education and concentrates particularly on the cultivation of perception. Perception, as I shall show, was pivotal in Ruskin’s idea of aesthetic education. Just as what happened in Mill and Arnold, the emphasis on the education of seeing continued from his early writings well into his art and social criticisms. It not only differentiated him from his fellow art critics; the conviction that people should perceive with a pure heart also enabled him to link observation of artistic details with moral criticism of contemporary society and, thereby, to turn the cultivation of the beautiful into a moral-aesthetic experience
The Gospel of Matthew within the context of Second Temple Judaism
No full textThe author’s aim is to analyse the Gospel of Matthew within the broader literary tradition
of Second Temple Judaism. The Jewish writings produced both in the land of Israel
and in the diaspora from the Hasmonean period until the early Empire help us to
relate Matthew to its social, political and theological context. Surveying some aspects
of the Second Temple Judaism, namely Messianic expectations, Apocalyptic movements
and Scripture interpretation methods, bear valuable evidence on how Matthew
sets the story of Jesus. Treatises of such prolific authors as Philo and Josephus provide
valuable literary parallels as well as an overall outlook on major trends of thought,
that need to be taken into account when interpreting the Gospel of Matthew. Matthew’s
portrait of Jesus as a royal figure, as the legitimate heir of the House of David
is, to some extent, linked with the understanding of kingship during the Hasmonean
period. The kingship motif is prominent for Philo’s De vita Mosis, in which Moses is
treated as king, legislator, priest, and prophet. Comparative analysis leads the author
to the question of whether it is possible to include Matthew, and even the other three
canonical Gospels, within one of the standard collections of Jewish writings
Art and the unconscious : a semiotic case study of the painting process
No full textThis dissertation is an attempt to design an interpretation model for the comprehension of unconscious content in artworks, as well as to find painting techniques to free the unconscious mind, allowing it to be expressed through artwork. The interpretation model, still in its infancy, is ripe for further development. The unconscious mind is a fascinating subject—in art production as well as in many scientific fields. This hidden part of the mind, being the source of creativity, constitutes an important foundation for many possible and valuable inquiries in multiple areas of knowledge. In the present study, the unconscious is approached from an art-educational perspective.
The nature of the unconscious is addressed through the theories of Carl Gustav Jung and Charles Sanders Peirce, as well as through the information gained from data the author produced herself during the experimental painting process she devised for this study. For psychological distinctions not addressed by Jung, the theories of Sigmund Freud are used to forward this inquiry into the unconscious mind.
A research method was created to bring Peirce’s theories into consonance with Jung’s amplification method. Since Peirce’s theories are challenging to read, to avoid misinterpretation, the author used Phyllis Chiasson’s 2001 book Peirce’s Pragmatism: The Design for Thinking as a secondary source. Peirce’s three modes of reality—firstness, secondness, and thirdness—were utilized to interpret artworks. This three-mode reality allows interpreters to reflect on their subjective feelings and then to compare them to collected data. The interpreters’ intuitive self-interpretations often correlate well with the more objective data.
In this approach to interpretation, the work of art is seen as a sign, in the Jungian as well as in the Peircean sense, and interpretation seeks to discover a sign’s objects—icon, index, and symbol. Additionally, the objects are studied in combination with Peirce’s designation of the sign’s character elements—sinsign, qualisign, and legisign. Peirce’s theory offers a logical and productive structure for approaching a variety of signs and reaching a multiplicity of interpretations.
Jungian theories inculcated a combined psychological and artistic perspective for the interpretation of artworks. Jung’s method of amplification is an effort to bring a symbol to life, and it is used as a technique to discover—through the seeking of parallels—a possible context for any unconscious content that an image might have. In amplification, a word or element—from a fantasy, dream, or, in this study, artwork—is associated, through use of what Jung called the active imagination, with another context where it also occurs. It must be remembered that unconscious images in artworks do not easily open themselves up for interpretation. One way to interpret possibly unconscious images is for the interpreter to become vulnerable by employing his or her own unconscious mind to interpret an artwork; such use of the active imagination can enable a subjective experience of the artwork on the part of the interpreter, who might thereby uncover unconscious content.
Moreover, in this study, Jung’s theory of archetypes is employed, in parallel with Peirce’s and Jung’s theories of the sign, to illuminate an artwork’s images by connecting them with collective unconscious archetypes. The author relied upon The Book of Symbols: Reflections on Archetypal Images (Ronnberg and Martin 2010) as the main source for interpreting possibly unconscious elements in the artworks. This approach is especially powerful when artists interpret their own artwork—possibly leading to a galvanizing self-discovery as they revisit past encounters, personal highlights, and other pieces of unconscious content that might reveal previously unknown meaning important to their life. By comparing archetypes to the unconscious content in their own lives, people can discover themselves.
Unconscious phenomena were approached on both the theoretical and empirical levels. Different methods and ideas were used to stimulate the author’s unconscious thinking while performing artwork analyses of three paintings: surrealist Salvador Dalí’s (1904–1989) Assumpta Corpuscularia Lapislazulina; abstract expressionist Jackson Pollock’s (1912-1956) The Deep; and one painting by the author herself, and for which the process of painting is videorecorded (www.astagallery.com/academic.html).
With regard to the third painting interpreted, the author is the study subject, and her artistic production is used as an opportunity to explore the unconscious mind. During the act of painting, an attempt is made to free unconscious thinking by fusing Dalí’s and Pollock’s methods as well as by testing multiple other methods. The author’s artistic production was conjoined with use of a technique that is called the verbal protocol method, which generates additional data not necessarily visible in the final artwork. This method unseals the artist’s tacit knowledge, which in normal circumstances remains silent.
In the verbal protocol method, the author, while engaged in the act of painting, speaks aloud the stream of consciousness that accompanies and guides the art-making activity; the recorded and transcribed monologue from the artistic production is supplied, in both Finnish and English, in appendices. This thinking-aloud technique allows a person to become more self-aware and to create more solutions while struggling with emergent artistic problems. Such narratives can reveal more about the painting than the completed artwork alone can convey. Along with the artist’s finished painting and the videorecorded material, narratives produced during the painting activity were interpreted. Moreover, the discoveries arising from the author’s interpretation of her own artwork are correlated with some of the latest research on the unconscious.
This study allows the reader-viewer an intimate glimpse into the author’s subjective painting experience and demonstrates the participation of the unconscious in an artwork’s creation. The interpretations methodology constitutes an interpretation model suitable for other artists and art educators to follow.
Keywords: unconscious, art, archetype, mandalaei tietoa saavutettavuudest
Pension Provision and Retirement Saving: Lessons from the United Kingdom
No full textWe describe the trajectory of pension reform in the United Kingdom, which has focussed on keeping the cost of public pension programmes down during a period of steady population ageing whilst attempting to maintain an adequate minimum level of income security for low income households in retirement. Instruments for achieving these aims have been to target public benefits on low income households, permitting individuals to opt out of the second tier of the public programme into private retirement accounts, and the use of tax incentives to encourage additional private retirement saving. Frequent reforms to the pension programme raise the question of whether households can make reasonable private retirement saving provision in the light of growing complexity and potential shortcomings in individual decision-making. This paper sheds some light on these issues.
Paul's non-violent Gospel : the theological politics of peace in Paul's life and letters
No full textThis thesis advances a claim for the centrality of a politics of peace in early Christianity, with particular focus given to the letters of Paul and the Gospel of Matthew. In brief, I argue that Paul’s task of announcing the gospel to the nations involved calling and equipping assemblies of people whose common life was ordered by a politics (by which I mean, chiefly, a mode of corporate conduct) characterised by peaceableness, and this theological politics was a deliberate participation in the political order announced and inaugurated by Jesus of Nazareth.
To this end, there are three main components of the thesis. Chapter Two is focused on the Gospel of Matthew, particularly the way in which violence (and peace) are constructed by the evangelist. Chapter Three bridges the first and third components of the thesis, attending to the important question of the continuity between Jesus and Paul on the issue of non-violence. The third component involves two chapters. Chapter Four attempts to identify the trajectory of violence and peace in Paul’s biography and in the “biography” of his Galatian converts (as he portrays it), and the fifth chapter traces the presence of this non-violent gospel in (arguably) Paul’s earliest letter.
The intended effect is to show that a politics of non-violence was an early, central, non-negotiable component of the gospel, that its presence can be detected in a variety of geographical expressions of early Christianity, that this (normally) “ethical” dimension of the gospel has a political aspect as well, and that this political dimension of the gospel stands in stark contrast to the politics of both the contemporary imperial power and those who would seek to replace it through violence
Blind injustice : Jesus' prophetic warning against unjust judging (Matt 7:1-5)
No full textThis dissertation seeks to provide a plausible alternative to the consensus interpretation of Jesus' "do not judge" teaching in Matt 7:1-5. While the overwhelming majority of recent interpreters understand "do not judge" (7:1) and its concurrent sayings such as "take the log out of your own eye" (7:5) to promote a non-judgmental attitude, this monograph seeks to situate this block of teaching within a Jewish second-Temple judicial setting. To this end, an overview of the judicial system during the second Temple era is provided, after which it is argued that Matt 7:1-5 is the Matthean Jesus' halakhic, midrashic comment upon the laws for just legal judging in Lev 19:15-18, 35-36 by which he prophetically criticizes unjust legal judging. Jesus' brother James takes up this teaching in Jas 2:1-13, using it to exhort Jewish Christian leaders who judge cases within Diaspora synagogues/churches. Such an alternative interpretation of Jesus' "do not judge" teaching in Matt 7:1-5 matches well other passages in Matthew which likewise speak of judicial, brotherly conflict such as 5:21-26 and 18:15-35. Some early Christian writers who quote or allude to Matt 7:1-5 reflect a judicial understanding of these verses as well, often relating Matt 7:1-5 to Lev 19:15-18, 35-36 and/or drawing parallels between Matt 7:1-5 and one or more of the NT judicial texts which, this thesis argues, is related to it (Matt 5:21-26, 18:15-35; Jas 2:1-13)
Carl Gustav Carus and the science of the unconscious
No full textCarus’ place in intellectual history “The key to understanding the conscious life of the soul lies in the realm of the unconscious.” In its explicitness, straightforwardness, perhaps even bravery, this sentence demands our attention. It was published in 1846, the opening sentence of a book, Psyche: On the Developmental History of the Soul (Psyche: Zur Entwicklungsgeschichte der Seele), whose author, Carl Gustav Carus (1789–1869), has a strong claim to be considered the first proper theorist of the unconscious. Carus' achievement was to present an explicit and systematic theory of the unconscious and to make this theory the foundation and the centerpiece of his theory of mind. Earlier philosophers developed theories of the unconscious: Plato and Aristotle perhaps, certainly Plotinus (204/5–270 CE), and in the modern period Marsilio Ficino (1433–99), Ralph Cudworth (1617–88), Gottfried Wilhelm Leibniz (1646–1716), Christian Wolff (1679–1754), Friedrich Schelling (1775–1854), and Arthur Schopenhauer (1788–1860). Yet these theories were only ever adjuncts or by-products of more general theories of mind. No one before Carus makes the unconscious central to a theory of mind. Historically then, and as far as the range of this volume is concerned, with Carus we reach a tipping point. From this point onwards the unconscious becomes an unavoidable issue in German psychological theory. Yet it is tempting to say that Carus is the forgotten man of the history of German psychological theory. Carus' psychology is seldom read today.</p
Jesus and the climax of Israel’s story: An exploration of the hermeneutic of ‘Story’ with reference to Matthew 24-25, Mark 13 and Luke 21
No full textOur thesis unfolds through dialogue with N.T. Wright’s concept of ‘story’ and offers a critique of his methodology and specifically his exegesis of the ‘coming of the son of man’ saying in Mark 13 and parallels. In Part A, we explore with Wright the potential of the concept of ‘story’ to unify historical, theological, and literary enquiries with respect to biblical studies, and consequently refine the concept independently of Wright by drawing upon Jan Assmann’s idea of ‘mnemohistory’, the postfoundationalist theology and revised theological hermeneutic of Kevin J. Vanhoozer, and Michael Fishbane’s work in ‘inner-biblical exegesis’.
In Part B, it is argued that the traditions that emerged concerning Jesus of Nazareth are deliberately intertwined with Israel’s ‘story’ so as to assert Jesus’ central role in bringing this narrative to a climax. Together with James Dunn, each Gospel is viewed as a unified performance of the received traditions, where each selectively draws from the sources available, both literary and oral, to provide a fresh improvisation of the tradition for its own context. Our exegesis of the eschatological discourse in each of the three Synoptic Gospels employs the tools of narrative criticism and a chastened redaction criticism to demonstrate the explicatory power that the hermeneutic of ‘story’ provides in reading what have been notoriously challenging passages for New Testament scholars.
Our particular focus is to examine the nexus between the destruction of the temple and the ‘coming of the son of man’ saying in order to evaluate Wright’s conclusion that the ‘coming of the son of man’ expression must be read as a metaphor with the destruction of the temple as its referent. Our own findings agree with Wright that the expression is to be read as a metaphor, but, contrary to Wright’s conclusion, we determine that the referent is Jesus’ vindication at the eschaton
Hydrometeorological characteristics of ice jams on the Pemigewasset River in central New Hampshire
No full textIce jams that occurred on the Pemigewasset River in central New Hampshire on 26 February 2017 and 13 January 2018 resulted in significant localized flooding in the towns of Plymouth and Holderness. The precipitation events that preceded these floods occurred in association with regions of enhanced moisture and moisture transport known as atmospheric rivers (ARs). ARs are well known to be responsible for wintertime extreme precipitation events, flooding, and variability in annual precipitation on the U.S. West Coast, while their association with extreme precipitation and flood events on the U.S. East Coast is less understood. The role of ARs in flooding associated with ice jams is likely complicated by frozen soils, snow cover, and river ice during the winter, which all can influence the hydrologic response to wintertime liquid precipitation. The goal of this paper is to investigate the hydrometeorological characteristics preceding 20 ice jams on the Pemigewasset River in central New Hampshire and identify the possible role of ARs. The February 2017 and January 2018 events represent two case studies characterized by different antecedent conditions that ultimately yielded the same result. The February 2017 event featured a “long melting period with low precipitation” scenario, with several days of very warm (5°–20°C) daytime temperatures that resulted in xiii extensive snow melt followed by short-duration, weak AR-associated rainfall ~10–15 mm during a 6-h period immediately prior to the formation of the ice jam. The January 2018 event featured a “short melting period with high precipitation” scenario with snow melt that occurred primarily during a more intense and long-duration AR that resulted in >50 mm of rainfall during a 30-h period. Composite analysis of 20 ice jam events support the linkage of these events to ARs: 19 of 20 events were preceded by integrated vapor transport (IVT) magnitudes >250 kg m−1 s−1 in the 2 days prior to the ice jam date and are associated with a composite corridor of enhanced integrated water vapor >25 mm collocated with IVT magnitudes >600 kg m−1 s−1 extending poleward along the U.S. East Coast.Electronic Thesis or Dissertatio
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