Doctrine

About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.

A Pattern-Oriented Approach to Fair Use

Abstract: More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. This Article suggests that fair use is neither badly conceived nor badly applied, but that it is too often badly understood. As did much of copyright law, fair use originated as a judicially-unacknowledged effort via the law to validate certain favored social practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "case-by-case" application of the statutory fair use "factors" to the defendant's use of the copyrighted work in question. A more explicit acknowledgement of the role of these patterns in fair use analysis is consistent with fair use and copyright policy and tradition. Importantly, it helps to bridge the often-difficult conceptual gap between fair use claims asserted by individual defendants and the social implications of accepting or rejecting those claims. Finally, a pattern-oriented approach is normatively appropriate, when viewed in light of recent research by cognitive psychologists and other social scientists on patterns and creativity. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence. In the longer term, it should enhance the ability of copyright law to promote creative expression.

Helvidius, Jovinian, and the Virginity of Mary in Late Fourth-Century Rome

Abstract: Marian doctrine and ascetical theology become increasingly intertwined in the late fourth century West, especially in the writings of Ambrose and Jerome. Helvidius and Jovinian are two Christians who oppose these new developments. Helvidius rejects the doctrine of Mary's virginitas post partum ; Jovinian rejects her virginitas in partu . For both, the Marian teachings represent faulty notions of sin, sexuality and the church. When compared to the ideas of earlier writers, the positions of Helvidius and Jovinian appear to be remarkably consonant with earlier Christian tradition.

Religion and public doctrine in modern England

Abstract: Foreword Preface 1. Prelude 2. Receptions 3. Recessions 4. Recognitions Epilogue Notes Bibliography Index of main names.

A History of Water Rights at Common Law

Abstract: Preface Acknowledgements Abbreviations Table of Cases Table of Legislation Regnal Years Introduction 1. The Exploitation of Water in Historical Perspective 2. Servitude Doctrine in Early Law 3. The Common Law of Riparian Rights 1580-1700 4. Blackstone and Hale's Doctrines of Land and Water Use 5. Appropriation Theory in the Courts 6. The Modern Origins of the Riparian Doctrine Conclusion Bibliography Index

UNESCO's doctrine of human diversity: A secular soteriology?

Abstract: The United Nations Educational, Scientific and Cultural Organization (UNESCO) was created in 1945, in the aftermath of the Second World War. Its principal mission, as initially defined, was to establish the conditions of peaceful coexistence between nations. This mission was equivalent to an experiment in social engineering on a global scale, which consisted in working out and disseminating a new worldview based on a revised vision of humankind. In this worldview an important place was granted to a particular vision of human diversity, both cultural and genetic. The paper reconstructs the main presuppositions of UNESCO's doctrine of human diversity and examines theirs historical transformations.