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Law In and As Culture - (The Fairleigh Dickinson University Press Law, Culture, and the Humanities) by Caroline Joan Kay S Picart (Hardcover)

Law In and As Culture - (The Fairleigh Dickinson University Press Law, Culture, and the Humanities) by  Caroline Joan Kay S Picart (Hardcover) - 1 of 1
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About this item

Highlights

  • Two narratives are used in telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights.
  • About the Author: Caroline Joan "Kay" S. Picart is a scholar-attorney practicing in federal and state appellate criminal law and who publishes peer reviewed journal articles and books principally on law, criminology, sociology, and film.
  • 198 Pages
  • Freedom + Security / Law Enforcement, Government
  • Series Name: The Fairleigh Dickinson University Press Law, Culture, and the Humanities

Description



About the Book



Two narratives are used in telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. This book steers a careful path between Optimism and Fear, exploring how law functions in and as culture as it contours the landscap...



Book Synopsis



Two narratives are used in telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. This book steers a careful path between Optimism and Fear, exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by minorities.



Review Quotes




An original work of seminal scholarship, Law In and As Culture: Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples is exceptionally well written, organized and presented. Enhanced with the inclusion of twenty-two pages of Notes, and an eight page Index, Law In and As Culture is very highly recommended for inclusion in academic library Legal Studies and Cultural Studies reference collections and university level supplemental curriculum reading lists.

Dr. Picart's book offers a unique and compelling analysis of indigenous peoples' rights in the context of intellectual property. This topic is gaining prominence in the scholarly literature in multiple contexts and is part of a growing call for legal recognition of and respect for indigenous culture and traditional knowledge. The book offers a valuable interdisciplinary analysis of key issues in this space, including the majoritarian cultural assumptions built into western intellectual property law and how this reality undermines effective legal protection of indigenous cultural practices. Dr. Picart effectively uses case studies of attempts to protect the intellectual property of indigenous peoples in different contexts to illustrate these challenges and the need for legal reform.

Law In and As Culture is a fascinating study of the porosity of traditional knowledge cultural identities, and legal protections. Weaving a complex tapestry of theory and knowledge, Picart explores the tensions between legal cultures of individualism and communitarianism, egalitarianism and hierarchy, in the law of intellectual property. Exploring how highly legalistic developed nations appropriate the signs and cultural knowledges of indigenous peoples, Picart is able to offer a nuanced and sensitive solution to the translation gap that characterizes the post-modern global consumer world.

This book is a tour de force that should be on the must read list of all who claim or aspire to be robust interdisciplinary scholars and care about the disciplines of law, culture, society, marginable populations, and attaining justice. Picart sophisticatedly deconstructs the often oppositional narratives about the intersection of indigenous peoples' and minority populations' interests on one side and the forces of globalization and intellectual property rights on the other. Recognizing that the narratives emerge from a much more complicated series of different realities and different voices, the author discredits the utility of deploying the binaries if one seeks to take a holistic look at all the energetics existing at the intersections. In one of the most efficient interdisciplinary approaches I have encountered, Picart utilizes theory and practice from various fields to unveil the flaws of the normative oppositional narratives and replaces these with the individualized complexity of a middle way - one that rejects the normative assumptions of culture and hierarchy and provides the methodological tools necessary to resolve controversies by reflecting upon the real conflicts generated through the superimposition of formal law as a means to resolve tensions that include deep cultural differences. As in prior work, her approach successfully and artfully debunks the myth that law is objective and neutral by showing how in instances of non-normative actors the law is structurally imbued with sex, race, gender, and cultural biases.

This is a thought-provoking and useful survey and analysis of law and culture as they relate to the fast-moving field of intellectual property. The illustrative cases selected by Picart delve into complex issues of indigenous property; they are telling, captivating, and highly readable examples that lead to a deeper understanding of the competing interests and viewpoints involved in these conflicts. Picart offers the reader creative and novel steps to move the field of intellectual property forward in just and nuanced, yet pragmatic, ways.

Through concise conceptual explanations and examinations of contemporary cases dealing with Intellectual Property Rights (IPR), Picart describes responses to cross-cultural conflicts in this field as well as the strategies adopted by individuals and communities in fighting for 'ownership' of their IPR.... Her backgrounds and expertise as academic and practitioner contribute in providing a strong foundation for the book.



About the Author



Caroline Joan "Kay" S. Picart is a scholar-attorney practicing in federal and state appellate criminal law and who publishes peer reviewed journal articles and books principally on law, criminology, sociology, and film.
Dimensions (Overall): 9.1 Inches (H) x 6.1 Inches (W) x .7 Inches (D)
Weight: .9 Pounds
Suggested Age: 22 Years and Up
Number of Pages: 198
Genre: Freedom + Security / Law Enforcement
Sub-Genre: Government
Series Title: The Fairleigh Dickinson University Press Law, Culture, and the Humanities
Publisher: Fairleigh Dickinson University Press
Theme: Federal
Format: Hardcover
Author: Caroline Joan Kay S Picart
Language: English
Street Date: March 3, 2016
TCIN: 1005135898
UPC: 9781611477214
Item Number (DPCI): 247-26-2958
Origin: Made in the USA or Imported
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Shipping details

Estimated ship dimensions: 0.7 inches length x 6.1 inches width x 9.1 inches height
Estimated ship weight: 0.9 pounds
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