Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age

Rose, Carol M.

doi:10.2139/ssrn.293142

Cited by 28 publications

(29 citation statements)

References 7 publications

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“…A commons, then, is not owned by any individual; it is shared. Roman law, which is the basis of Euro-American law, gave as its usual examples of res communes the air mantle and the ocean (Rose 2003). I submit that the same is true of the soundscape: it belongs to the whales, birds and crickets as much as to you and me.…”

mentioning

confidence: 87%

Exhibiting Music in a Sound Community

Titon

2017

ethno

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Exhibiting music in a sound community announces the presence and potential of an ecological rationality. Two or more beings co-present to each other in sound resonate at the same frequency with one another and comprise a sound community. Co-presence in sound is intersubjective and relational, a subject-to-subject resonant and reciprocal way of knowing, rather than a subject-to-object, asymmetrical and manipulative knowledge. In a sound community music is communicative, as natural as breathing, participatory and exchanged freely, strengthening and sustaining individuals and communities. A sound community exhibits a sound economy, just, participatory and egalitarian. Wealth and power are widely distributed and shared, and maintained through the visible hand of democratic management. A sound economy is based in a sound ecology where exchanges are based in honest signals that invite reciprocity and trust. In a sound ecology, sound being and sound knowing lead to sound action, which is cooperative, mutually beneficial, and just.

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confidence: 87%

Exhibiting Music in a Sound Community

Titon

2017

ethno

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“…The expression belongs to the Roman law and it means that "res communis is the property of all, which signified that things like the high seas, the air and rainwater could not be the object of private rights" (Baslar 1998, 40; see also Rose 2003;Hyde 2010;Broumas 2017).…”

Section: Landscapes and The Common Goodmentioning

confidence: 99%

Landscape: from common good to human right

Menatti

2017

International Journal of the Commons

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This paper analyses how the current concept of landscape, which overcomes a scenery-based characterisation and a confinement to classical aesthetics and art, relates to the notions of the common good, commons and commons pool resources (CPRs). I consider landscape as a complex process in which human beings (with their history and culture) and their environment are mutually defined. On the basis of this approach to landscape studies, and by considering contemporary documents on landscape (i.e. the European Landscape Convention, the Latin American Initiative for Landscape and the UNESCO Florence Declaration) I analyse the similarity between the notion of landscape and the concepts of common good, the management of commons and the commons pool resources institutions. Through theoretical research supported by practical examples (e.g. community gardens) I argue that landscape can be defined as a common good, can include the commons, and the collective management of lands and common pool resources institutions. The paper relies on an excursus through the theories and legal documents, with a specific regard to the theoretical foundations of these different notions. The analysis carried out in the paper leads, in the end, to the possibility of defining the 'right to landscape'. Even if the concept is new in the literature, and a right to landscape is not recognised as a right per se, it is already implicated and studied in many international rights laws. Three approaches to landscape as a right have been distinguished: the right to landscape as a perceived landscape (a collective right), as a right to the environment and a right for addressing human rights. I integrated these approaches by arguing that landscape is a domain in relation to which human rights can be claimed, and that landscape can be considered as a right to which human beings are entitled.

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“…Since the turn of the millennium, numerous legal theorists have argued that a recent expansion of intellectual property rights should be likened in its effect to the enclosure of common land that took place in England between the sixteenth and the nineteenth centuries (Benkler, 1999;Boyle, 2003Boyle, , 2009Rose, 2003;Cohen, 2012).…”

Section: A Second Enclosure Movement?mentioning

confidence: 99%

Intellectual property enclosure and economic discourse in the 2012 London Olympic Games

Erickson

Wei

2015

Media, Culture & Society

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Abstract:Special legislation associated with mega sporting events has enabled new forms of cultural enclosure, effectively commoditising aspects of cultural expression that previously remained in the public domain. In this paper, the authors examine the tension between economic and political justifications for hosting the Olympics and the intellectual property enclosures that are imposed upon host nations. These enclosures extend beyond what is traditionally protected under trade mark law, to include 'generic' terms. Enabling market competitors to freely use generic, descriptive language is a core doctrine of trade mark law, seeking to balance monopoly IP rights with free market competition. The authors evaluate the impact of special legislative enclosures on the public interest, and argue that collective access to expression should be more carefully considered in political and economic calculations of the value of the Olympics.

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Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age

Cited by 28 publications

References 7 publications

Exhibiting Music in a Sound Community

Exhibiting Music in a Sound Community

Landscape: from common good to human right

Intellectual property enclosure and economic discourse in the 2012 London Olympic Games

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