bluuebunny/crossref_metadata_2025 huggingface dataset:
Essays on Speech Acts and Other Topics in Pragmatics
Authors: Sbisà Marina
Published: June 2023

The author of the Essays that are republished here has worked on speech acts and other topics in pragmatics taking as her point of departure John L. Austin’s philosophy of language. The main focus of the volume is on illocution, including issues such as illocutionary act classification, the role of the hearer’s uptake and the interlocutor’s responses, the accommodation of speaker-related preconditions, and the relationship of illocution with knowledge and power. Austin’s way of distinguishing classes of illocutionary acts is defended and is shown to be useful in the analysis of discourse and conversation. The illocutionary act is described as bringing about effects on the deontic aspects of the relationship among the participants: such effects are defeasible, and conventional too, since their coming into being depends on the participants’ agreement. This agreement, in many informal situations at least, is made manifest by the response of the addressee or other participant to the speaker’s utterance and may be implicitly negotiated in conversation. Particular attention is paid to Verdictives and Exercitives. The collection also touches upon presupposition (considered in its communicative and persuasive functions), implicature and other aspects of Paul Grice’s philosophy, and philosophical approaches to gender issues, always in the light of the author’s view of speech as action.
Introduction
Authors: Sbisà Marina
Published: June 2023

The essays collected in this volume examine the categories of speech act theory and apply and develop them in the context of natural discourse and conversation. The Introduction to this collection of essays illustrates the formation and development of the author’s views in the field of pragmatics with particular focus on speech act theory and on implicitness, under interdisciplinary influences from philosophy, narrative semiotics, linguistics, and the sociology of interaction. It also explains the aims and circumstances of each of the essays. Finally, it summarizes the author’s current views on the main themes of the volume, with focus on the dynamics of illocution, and briefly comments on some of their philosophical implications.
On Illocutionary Types
Authors: Sbisà Marina
Published: June 2023

The classification of illocutionary acts outlined by John L. Austin is examined and elaborated upon. Austin’s four classes of Exercitives, Commissives, Verdictives, and Behabitives are reconsidered and characterized by distinguishing between types of conventional effect on an interactional relation. These effects are described in terms of assignment or cancellation of deontic-modal predicates to or from the participants. The participants are considered in terms of the “actants” they express, borrowing this notion from narrative semiotics. Considering the overlaps among Austin’s classes not as a weakness but as a strong point of his classification, and with the intent of making possible a dynamic use of illocutionary types in the analysis of discourse and conversation, the paper also examines similarities and combinatory possibilities among illocutionary types and explores the possible shifts from one type to the other both in varieties of illocutionary act and in the illocutionary forces of utterance tokens.
Presupposition, Implicature, and Context in Text Understanding
Authors: Sbisà Marina
Published: June 2023

The roles which presupposition and implicature play with respect to what is asserted by a text and to its context are examined as a part of the process of text understanding. This process involves constructing and updating the representation of the context. Assertion, implicature, and presupposition can be described as three different ways in which changes in the representation of the context are induced. On the basis of such a description, it is claimed that, contrary to most of the literature on the subject (in which presupposition and implicature seem not to be allowed to coexist without being seen as identical), there are good reasons to consider presupposition and implicature as distinct. For example, a presupposition may be such even if its content has already been asserted, while this would make an implicature useless, and therefore prevent it from arising.
Uptake and Conventionality in Illocution
Authors: Sbisà Marina
Published: June 2023

The aim of this paper is to outline a way of conceiving of the conventionality of illocutionary acts grounded in Austin’s original ideas. While the indispensability of the securing of uptake is widely accepted as a hallmark of illocution, it has also been taken as evidence of the intention-based nature of illocutionary acts as opposed to their conventionality. The paper discusses the readings of the “securing of uptake” offered by Strawson and Searle and comments on the divide between communicative and conventional speech acts. It then argues that illocutionary acts are conventional because they have conventional effects and that the bringing about of such effects is bound up with the indispensability of the securing of uptake. This explains in what sense, according to Austin, the performative use of illocutionary verbs (which may help the speaker secure uptake) is a hallmark of the conventionality of illocution.
The Austinian Conception of Illocution and Its Implications for Value Judgments and Social Ontology
Authors: Sbisà Marina
Published: June 2023

This paper deals with J. L. Austin’s conception of illocution and some of its philosophical implications as to value judgments and social ontology. It summarizes the main lines of the view of illocution that the author attributes to Austin and provides examples of conventional illocutionary effects. It then discusses the implications of Austin’s classification of illocutionary acts for value judgments, arguing that Austin challenges the fact/value dichotomy by assimilating statements of fact to value judgments. As regards social ontology, it claims that many social realities can be described as sets of deontic states of the social agents involved, which can be (and often are) effects of illocutionary acts brought about by means of intersubjective agreement. In conclusion, a possible counterintuitive consequence of this conception of illocution is discussed and a solution is proposed.
Assertion among the Speech Acts
Authors: Sbisà Marina
Published: June 2023

This paper discusses how assertion is collocated among the other speech acts, starting from the assumption that, in speech-act theoretical terms, assertion is an illocutionary act. It examines how assertion relates to other illocutionary acts involving the utterance of plain declarative sentences and how it should be collocated within the whole gamut of illocutionary acts. While the former exploration relies upon an intuitive grasp of the family of assertive illocutionary acts, the latter requires a more complete characterization of assertion, in the framework of a reconsideration of illocutionary act classification. Using Austin’s terms, assertion is described as an expositive Verdictive: an act affecting discursive and conversational relations, but also involving judgment and allowing for the transfer of knowledge. Finally, the question is raised of the role or rank of assertion among the illocutionary acts, that is, whether there are any reasons to grant it a special place, or it is just one among the others.
Testimony, Luck, and Conversational Implicature
Authors: Fricker Elizabeth
Published: June 2023

Speakers convey messages in a variety of ways, including assertion, presupposition, and conversational implicature. Assertion is the paradigm vehicle for acts of testifying. The speaker gives her word to her audience that the presented content is true, allowing them to gain knowledge via a distinctive mechanism: believing on the speaker’s say-so. This is made possible by the conventions and norms that govern the social practice of making assertions, encapsulated in assertion’s being governed by the norm that one must: assert that P only if one knows that P. Do other means of conveying a message also amount to testifying to it? I first examine presupposition, which can be used as a sneaky way to inculcate belief in an audience without it being subject to attention and scrutiny. I then turn to conversational implicature, which I show is an epistemically fragile means of conveying a message, and as such is not apt to be, and is not, governed by a social norm, as the robust communicative means assertion is. We see that only explicit assertion of a conveyed message amounts to testifying to it.
Introduction and current context
Authors: Heys Alicia
Published: June 2023

This introductory chapter provides an overview of the title. It summarises how interest in modern slavery continues to grow, but that root causes continue to be under-investigated. While the focus in extant literature is often placed on the experiences of exploitation, this chapter outlines how this work turns to look instead at the vulnerabilities that cause it. Situating conflict as one of the root causes of modern slavery, it provides a brief insight into how the research for this work was undertaken, by investigating first-hand insights to draw conclusions as to the precise vulnerabilities caused by conflict. It concludes with a chapter outline, which briefly encapsulates the content of each chapter.
Current understandings of conflict and modern slavery
Authors: Heys Alicia
Published: June 2023

This chapter summarises how understandings of conflict relating to modern slavery in existing literature focus almost exclusively on conflict in the sense of war. The literature identifies victims predominantly as child soldiers, and perpetrators as peacekeepers. This chapter provides an overview of the experiences of child soldiers including methods of recruitment and ongoing vulnerabilities after demobilisation. It discusses peacekeeping missions and how they increase rates in trafficking of girls and women to respond to peacekeeping troops paying for sex, despite being forbidden from doing so. It then considers the vulnerabilities that face people in post-conflict societies as they grapple with political and economic transition, corruption, and displacement. The chapter concludes by considering literature that addresses examples of non-violent conflict and how they may correspond with experiences of modern slavery.
Generating the conditions for risk
Authors: Heys Alicia
Published: June 2023

This chapter looks at intersectionality and structural dynamics to determine that there is no single or intersecting identity trait that is always responsible for increasing the likelihood that one person will become more vulnerable to modern slavery than another. Instead, it encourages identity to be understood in tandem with the context and structural dynamics that an individual faces. Contexts that limit people’s choices and reduce their support networks are those that are most likely to generate a risk to modern slavery. The chapter goes on to consider some of the ways in which UK government systems are generating these vulnerabilities, specifically looking at the current response to modern slavery, the asylum system, and tied visas.
From victim blaming to victim agency
Authors: Heys Alicia
Published: June 2023

This chapter considers how individuals’ agency can lead them towards situations of modern slavery. It debates the usefulness of victim terminology and the impact its use has on generating unrealistic depictions of those who suffer modern slavery, which therefore risks encouraging misunderstandings among the public, practitioners (such as police and social workers), and victims themselves. The chapter challenges the notion that victimhood and agency are mutually exclusive, and demonstrates the prevalence of agency in the lead up to situations of modern slavery. It also considers the interplay between structure and agency in generating and perpetuating situations of modern slavery. These are all fundamental aspects in understanding who is vulnerable to becoming a victim of modern slavery, why they are at risk, and the conditions that might exacerbate the likelihood of victimisation.
Conclusion
Authors: Heys Alicia
Published: June 2023

This chapter summarises the findings discussed throughout this title. It reviews how conflict can encourage situations of modern slavery by creating two specific vulnerabilities: reducing the options available to a person, and causing a breakdown in their support networks. This chapter then highlights the importance of understanding agency and victimhood on a scale as opposed to as binary opposites before going on to identify the ways in which some UK policies exacerbate the risk of modern slavery by generating the same vulnerabilities as conflict. It emphasises the importance of investigating the interaction between structure and agency in facilitating situations of modern slavery, and concludes by offering recommendations as to how the findings from the research could be practically applied to reduce the risk of modern slavery.
Evaluation politics in international organizations
Authors: Jankauskas Vytautas , Eckhard Steffen
Published: June 2023

The aim of Chapter 3 is to clarify what exactly makes evaluation political and how one could study these politics in international organizations (IOs). The chapter presents a review of the state of the art about the political function of evaluation and explains why it matters. It also outlines the main evaluation stakeholders in IOs, introducing member states and international public administrations (IPAs) as key actors. Building on principal–agent theory and previous IO research, expectations about stakeholder political interests and how evaluation can facilitate them are developed. This way, the chapter introduces the book’s conceptual and theoretical framework, including theorized hypotheses that are tested in the remainder of the book.
Political evaluation use in international organizations
Authors: Jankauskas Vytautas , Eckhard Steffen
Published: June 2023

Chapter 7 examines political evaluation use in international organizations (IOs), defined as situations in which actors refer to evaluation (their findings, processes, or recommendations) to realize their own political interests in the competition with others. The chapter presents six case studies on the political evaluation use in the United Nations Development Programme, International Labour Organization, United Nations High Commissioner for Refugees, International Organization for Migration, United Nations Educational, Scientific and Cultural Organization, and Food and Agriculture Organization. Based on extensive in-depth interviews with member state representatives, IO administrations, and evaluators in all these IOs, the findings show evidence for political evaluation use in all organizations. Importantly, the political evaluation use systematically aligns to the interests of either member states or the IO secretariat depending on evaluation units’ orientation and stakeholder control.
Our motivation
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

The Student’s Research Companion focuses on an often-overlooked part of the academic experience. This chapter briefly illustrates the observations, convictions, and conclusions that drove us to curate mindsets and notions useful to those who engage their next research journey.
The contributors
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

‘The Student’s Research Companion builds upon the thoughts of its authors but also contextualizes through its contributors. Here, we introduce our ten contributors professionally as well as in terms of the general lines of their contributions.
The purposeful scientific entrepreneur
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Think about your project like a social entrepreneur who happens to apply scientific methodology. This perspective prompts several helpful questions.
A peer called supervisor
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Consider your supervisor a more advanced peer. Many other perspectives are based on common but misleading assumptions about what to expect.
Try not to build roof-down
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Identify and follow the logical progression of your project’s components. If stuck: are you still following that logical progression?
Impression management
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Research is an exercise in humility. The academy, however, can be a place of ostentation. Avoid boasting. It distracts everyone’s focus.
Growing into an expert
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

As you invest yourself into a topic, you will turn into an expert. Act accordingly. Seek and learn from those with even more expertise.
Help others understand you
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Allowing your audience to understand is key to presentations. Not your story, but their understanding of it is your goal. This helps with stage fright.
A magnetic introduction
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

If you want readers to explore your text, here is where to give them the reasons why. Keep it short in order not to put up a barrier to your ideas.
A contextualizing theory chapter
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Use your theory chapter to take inventory of the ideas you build upon and to delineate the borderlines of the research gap you are trying to fill.
An instructive methodology chapter
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Use your methodology chapter to explain what you did and why this seemed plausible. It will be useful even if things do not turn out the way you hoped.
A resolving findings chapter
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Report your findings in accordance with your field’s conventions. Answer your questions. Structure your findings to ease the later discussion.
Frustration is a fuzzy teacher
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Some frustrations suggest trying another approach. Others indicate low energy or just a boring task. Telling them apart means learning from them.
Relaxation as a research methodology
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Research is demanding and tiring. Without relaxation and distraction, you may not sustain your energy levels on a long journey.
Fear of writing
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

When too much depends on one activity to proceed, this activity can become inaccessible. Unblock by taking tiny steps and shift your perspective.
Be kind to yourself
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

While being critical with your project is useful, getting cross with yourself is not. You are asking a lot from yourself. Be just as merciful.
Throwing off a weight
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

It may seem strange there could be any other sensation than relief after submitting. There are several of them. Take your time to adjust.
Feedback eats grades for breakfast
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Grades are simplified, imperfect opinions of your work by another person. Take them for what they are worth. When possible, seek feedback.
Keep in touch
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

While graduating from a programme entails farewells, do not disregard the value of keeping in touch with people of some of your best years.
Career serendipity
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Your university had you on its rails, and your job will soon do the same. Use the flexible joint between two rigid commitments to steer your trajectory.
Never consider yourself unfree
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Education frequently means specialization. This may suggest fewer future options. However, education shall always provide you with more freedom, not less.
Fortify your academic skills
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

You invested greatly in an intellectual cultivation. It will begin to erode in your next job on day one. Protect what you invested so patiently in.
Grow forward
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Remember how your thesis meant bringing the will to grow? This ability to consciously grow is one of the most useful lessons of a final academic project.
Share the fire
Authors: Aschari Omid , Berghaus Benjamin
Published: June 2023

Once you have discovered your way of facing and overcoming an intellectual challenge, consider helping others to discover and find their way.
Matters of Interpretation
Authors: Kleinlein Thomas
Published: June 2023

Chapter 4 by Thomas Kleinlein addresses the overall theme of value change from a legal perspective. He analyses how legal methodology deals with change. Kleinlein posits that change is a defining feature of law and proposes to distinguish between structural change and norm change. He engages with doctrinal categories that offer techniques to handle change in international legal practice and distinguishes between formal and informal modes of change. Based on an internal perspective on legal methods he stresses the importance of informal change in legal interpretations. In a final step, he offers a theoretical perspective on interpretative change.
Ex iniuria ius oritur? Norm Change and Norm Erosion of the Prohibition of Torture
Authors: Steiger Dominik
Published: June 2023

Chapter 7 by Dominik Steiger assesses from a legal perspective whether prevalent practices of torture and ill-treatment or state representatives’ reinterpretations and discursive contestations in the context of counter-terrorism undermined the prohibition of torture. Steiger is particularly interested in whether the US violation of the prohibition of torture affected the attitudes of other states. Employing the traditional sources of international law, namely treaty and customary international law, he concludes that the value is robust and resilient. Thus, pure non-compliance does neither lead to norm change nor to norm erosion. The chapter further shows that the validity of mono-disciplinary findings can be strengthened by interdisciplinary research.
Arms Control
Authors: Sossai Mirko
Published: June 2023

Chapter 13 by Mirko Sossai chooses a legal perspective to examine the development of nuclear non-proliferation and nuclear non-use norms, which protect the fundamental values of international peace and security. Sossai identifies several intertwined drivers of change in the NPT regime, most notably the tension between national interests and community values inherent in the regime. He illustrates how the non-implementation of disarmament obligations has led to a forum shift from the NPT regime to the General Assembly. Moreover, by promoting the value of humanity, he notes that the recently concluded Treaty on the Prohibition of Nuclear Weapons intensified the value orientation of the nuclear weapons regime. Thus, he finds indications for a value shift in that the priority accorded to specific values is shifting in the case of nuclear non-proliferation and nuclear non-use norms.
International Women’s Rights
Authors: Roggeband Conny
Published: June 2023

From an IR perspective, Chapter 14 by Conny Roggeband assesses whether gender equality norms—expanded and strengthened in the 1990s—have changed due to opposition to treaty law and countermobilization. Roggeband traces changes in legal norms surrounding the promotion of gender equality at the international and national level. Drawing on social movement theory, she analyses how democratic backsliding, diminishing civic space on the one hand, and access to the platforms of the UN on the other, create favourable conditions for severe countermobilization dynamics. She finds that a decline in the legal status of women’s norms is not yet clearly discernible. However, there are strong indications that the legally protected value of gender equality is losing its social validity.
Precaution and Genetically Modified Organisms
Authors: Stoll Peter-Tobias
Published: June 2023

Chapter 17 by Peter-Tobias Stoll stresses the ambiguous role of regime complexity or fragmentation from a legal perspective. He focuses on the protection of the value of sustainable development through the precautionary principle in the trade in genetically modified organisms. Stoll observes a process of fragmentation with regard to the precautionary principle in view of its codification in two distinct treaties: the World Trade Organization (WTO) Agreement on Sanitary and Phytosanitary Measures, and the Cartagena Protocol. He highlights the EC-Biotech case. In that case, the WTO panel was unable to resolve the pertinent norm dispute through the principle of systemic integration because it refused to consider the Cartagena Protocol. The WTO’s approach may be read as a decline in the legal validity or legal status of the value of sustainability or precaution, in that it reflects a shift in priorities.
Conclusion
Authors: Krieger Heike , Liese Andrea
Published: June 2023

Based on the previous findings in this book, Chapter 18 by Heike Krieger and Andrea Liese discusses the general dynamics of change or metamorphosis in the international legal order. They discern a mixed picture of an international order between metamorphosis—that is, a more fundamental transformation—of international law, norm change, turbulences, and robustness. They explain drivers of change and highlight factors such as national interests during the war on terror, changing long-term foreign policy beliefs, and the rise in populism and autocracy, before discussing the most common strategies the actors involved use. Other relevant factors include changes in the political environment, such as shocks and power shifts or the ambiguous role of fragmentation. Moreover, they identify factors that make legal norms robust, including the vital role of norm defenders and legal and institutional structures as stabilizing elements. Krieger and Liese conclude by cautioning that if the attacks on the international order continue at the current frequency and magnitude, a metamorphosis of international law will likely be unstoppable.
Drawing vs Photography
Authors: Dietrich Nikolaus
Published: June 2023

This chapter juxtaposes drawings with photographs of Greek vases. It asks to what degree and in what way each medium is able to represent a Greek vase and explores, through a series of twentieth-century case studies, the way in which the choice of medium reflected and in turn shaped the questions that scholars were concerned with. The first section introduces the subject on a theoretical level and asks what aspects of a Greek vase are lost or emphasized in drawings and in photographs, exploring the strengths and drawbacks of each medium for a variety of audiences, in and beyond scholarship. Through specific examples, the second section pursues the discussion in closer detail to see what choices were made in early twentieth-century scholarly photographs of vases. The publication of the vase collection in the Boston Museum of Fine Arts by John Beazley and Lacey D. Caskey (1931, 1954, and 1963) is a particularly telling case study because it occurred at a time when drawing and photographs of vases still coexisted in scholarly publications. The concluding section investigates the relationship between changing scholarly interests in Greek vases and the changing repertoire of technologies brought to bear in their reproduction. It argues that this complex dynamic influenced not only how the material was illustrated in the canonical publications of the discipline—from the Corpus Vasorum Antiquorum to the vase painter monographs based on connoisseurial attribution—but also what kinds of questions scholarship on Greek vases could formulate about its subjects.
Electrical storage systems
Authors: Schmiegel Armin U.
Published: June 2023

If we want to store energy electrically, we can do this either through a voltage storage or a current storage. Inductance, or more precisely a superconducting inductance, serves as the current storage. The construction and functioning of such a superconducting magnetic energy storage (SMES) system is described in this chapter. The voltage storage is realised via a capacitor. For larger amounts of energy and power, supercaps are used which, in addition to the capacitance of the conductors, also use the pseudocapacity and the capacitance of the double layer. The structure and function of both types are described in this chapter. The additional requirements and system components used for these applications are described. As an application example, a lift is made capable of recuperation. For this purpose, it is equipped with a supercapacitor bank that is to temporarily store the power during recuperation.
Chemical storage systems
Authors: Schmiegel Armin U.
Published: June 2023

In this chapter, the two important chemical storage technologies are presented: hydrogen technology and methanisation, i.e. power to gas or power to fluid. The chapter describes how hydrogen gas can be stored and how hydrogen can be produced from electrical energy, and electrolysis and the PEMEL cell are introduced. Furthermore, the fuel cell is described, which allows an efficient use of hydrogen. The realisation of a hybrid truck equipped with a fuel cell and a lithium ion battery serves as an application example. In the case of methanisation, the reaction and the possible conversion of methanisation are presented. As a further application example, a methanisation plant and an electric generator are introduced into the island grid developed in chapter 8.
The Red Queen Retail Race
Authors: Rusanen Olli , Paavola Lauri , Cuthbertson Richard
Published: June 2023

This chapter introduces the concept of the Red Queen Retail Race as digitalization becomes a new norm in retailing. This book considers different aspects of the Red Queen Rivalry in the post-pandemic world: how innovation through technological change is transforming the service sector in different markets, how changing consumer needs and behaviours are forcing firms to alter their operations, how firms need different competitive strategies to respond to this changing landscape in different markets, how those strategic plans need new modes of implementation, and how public policy will need to adapt. This chapter provides an outline of each of the book chapters.
Digitalization of the Retail Servicescape
Authors: Nyrhinen Jussi , Uusitalo Outi
Published: June 2023

The digital disruption of the retail sector places the servicescape under re-examination because the service experience is now dispersed across both online and brick-and-mortar stores. There is need for a deeper understanding regarding what consumers of today expect from shopping journeys in an omni-channel servicescape. This chapter provides an understanding of the holistic nature of the service experience by examining how customers co-create a customer experience by utilizing both digital and physical servicescapes in a convergent manner. It illustrates this phenomenon using data from focus group discussions. The study showed how customers jointly form the social realm of the servicescape with the other actors in the service encounter and how the integration of digital and physical channels facilitates trust, human contact, interpersonal relationships, and networks of social exchange that are termed ‘social capital’. The chapter further examines how these omni-channel experiences manifest in a shopping context outside metropolitan areas. Finally, it discusses how cross-channel integration is valued in service experience formation. The implications of this chapter provide guidelines to develop servicescape concepts that successfully align digital and physical channels.
Implementing Strategies to Win the Red Queen Retail Race
Authors: Paavola Lauri
Published: June 2023

This chapter presents a case study on the turnaround of a large cooperative grocery retailing organization that was characterized by highly routinized and stable practices. Despite the major turnaround that the organization went through, the change did not primarily result from the implementation of new work practices but rather from the ability of the management to steer the existing practices into a more financially sustainable direction and to enable them to be recreated internally. The case in this chapter illustrates that sustainable development is not only about having the most advanced and well-designed processes or technologies in place but it is rather about having the correct institutional pressures, in our case economic and social pressures, associated with those processes. The chapter highlights these issues when it concludes by considering organizational sustainability from a managerial perspective.
How the Geomagnetic Field is Measured
Authors: Lowrie William
Published: June 2023

Until the middle of the 20th century, the direction and intensity of the Earth’s magnetic field were measured by using magnetized needles as sensors. The instruments, called magnetometers, were fragile but sensitive enough to measure the global field and locate regions in the crust with anomalous magnetizations. Since the mid-19th century, a worldwide network of magnetic observatories has constantly monitored the global field, acquiring a record of both rapid and long-term changes in the field at fixed locations. The observatory data provide reference maps of the global magnetic field. Modern magnetometers use electronic designs. They make use of physical behavior at atomic and quantum mechanical scales, and are 100–1,000 times more sensitive than the earlier mechanical devices. Deployed in surveys on land, in aircraft and from ships, magnetometers provide a detailed picture of the global field, enhanced since the 1970s by a profusion of high-quality data from dedicated satellite missions.
The Geomagnetic Dynamo
Authors: Lowrie William
Published: June 2023

The Earth’s magnetic field is generated in the liquid core by a self-sustaining dynamo mechanism. As the Earth cools, part of its heat passes through the liquid core by conduction, but the main mechanism of heat transfer is by convection due to buoyancy forces. Thermal convection results from temperature-related density differences in the liquid; compositional convection is caused by light elements released during solidification of the liquid iron alloy at the surface of the inner core. The buoyant electrically conducting liquid interacts with the Coriolis force due to the Earth’s rotation and is forced to flow in helical columns, twisting the field lines of the magnetic field inside the core. The pattern of the magnetic field at the core–mantle boundary reflects these interactions. The timing of nucleation of the inner core and the nature of the magnetic field in the early Earth are still a matter of conjecture.
The Magnetism of the Earth’s Crust
Authors: Lowrie William
Published: June 2023

The igneous, sedimentary, and metamorphic rocks that compose the Earth’s crust are made up of numerous different minerals, only a few of which (e.g., magnetite and hematite) have comparatively strong magnetic properties. Where rocks with different magnetizations come in contact, as around an orebody or in a geological structure such as a fault or intrusion, the contrast in magnetizations produces a local field, called a magnetic anomaly. By measuring the size and shape of the anomaly, its source can be evaluated. Strong magnetic anomalies on the continents often result from magnetizations induced by the present field in orebodies. By contrast, strong magnetic anomalies over the oceans result from a permanently magnetized lithosphere with alternating polarity, reflecting polarity changes of the magnetic field during seafloor spreading. Rocks lose their magnetization at the Curie temperature of their magnetic minerals, which is reached at a depth in the Earth comparable to the crustal thickness.
The Effects of Solar Activity on the Geomagnetic Field
Authors: Lowrie William
Published: June 2023

The Sun has a layered internal structure. Solar energy is generated by thermonuclear fission in a central core. The energy passes through the Sun, first by radiation and then by thermal convection. Uprising columns of hot gas give the Sun’s visible surface, the photosphere, a mottled appearance. Dynamo action creates a strong magnetic field with a complex structure, which becomes dominantly dipolar when solar activity is low. The state of solar activity varies in an 11-year cycle, which is evident in the number of sunspots on its surface. The Sun’s outermost layer, or corona, is a hot magnetic plasma that extends for millions of kilometers into space. It constantly emits plasma, which forms a solar wind that carries the Sun’s magnetic field throughout the solar system. At varying intervals, the corona ejects massive amounts of charged particles that form a serious natural hazard for life and society on Earth.
The Magnetosphere and Ionosphere
Authors: Lowrie William
Published: June 2023

The solar wind compresses the geomagnetic field on the day side of the Earth and drags it out on the night side into a long magnetotail. The space occupied by the deformed field is the magnetosphere. Charged particles that penetrate it are trapped by geomagnetic field lines and shuttle between the polar regions. Two doughnut-shaped zones of intense radiation, called the Van Allen belts, girdle the Earth at altitudes between 1,000 km 60,000 km. Solar radiation ionizes atoms in the upper atmosphere to form the ionosphere. Electrical currents in the ionosphere produce magnetic fields that induce electrical currents in the Earth. They vary with the amount of insolation. The Earth’s rotation causes a daily change in the field at Earth’s surface. Long-period changes in the field penetrate the mantle, enabling scientists to measure its electrical conductivity. Extreme solar activity, in particular solar storms, can severely damage satellites and infrastructure on Earth.
Twenty Years in Design Law—What Has Changed?
Authors: Kur Annette
Published: June 2023

A little earlier than The IPKat blog, the EU design system celebrated its twentieth anniversary in 2022. Looking at developments during those two decades therefore invites an appraisal of the transposition into practice of key elements of design legislation such as ‘individual character’ and ‘informed user’, which had been specifically coined for the purpose of harmonization based on the ‘design approach’ espoused by the EU Commission. While most of that went smoothly, there are also shortcomings which might be tackled in the course of the upcoming design reform. Furthermore, the past twenty years have shown that the expectation was mistaken that when designs are attributed their proper place within the spectrum of intellectual property legislation, the quest for seeking protection under other legal regimes will cease. On the contrary: overlaps between design law and trade mark or copyright law are more frequent and topical than before, calling for further clarification and attention.
Copyright at the CJEU: Back to the Start (of Copyright Protection)
Authors: Rosati Eleonora
Published: June 2023

In its 2009 decision in Infopaq (C–5/08), the Court of Justice of the European Union (CJEU) achieved a landmark result: the de facto, horizontal harmonization of the originality requirement. After that, nothing could stay the same. After providing an overview of the harmonization process in the copyright field over the past thirty years or so and, with that, the environment in which Infopaq came to be, this chapter considers Infopaq and the expansive effect of subsequent case law on other copyright subsistence requirements. The analysis also notes how the eventual outcome of Cofemel (C–683/17), insofar as works of applied art are concerned, is perfectly in line with such jurisprudence. The chapter further considers the legal and institutional difficulties that such a string of CJEU decisions has given rise to, and is yet to resolve, before concluding that further questions are likely to be posed to the CJEU in the not too distant future. In other words: the construction of EU copyright is far from over.
The Copyright Protection of Makeup in the UK
Authors: Harvey Riana
Published: June 2023

The Adam Ant case, which found that copyright could not subsist in facial makeup, continues to be referenced as clear precedent as to why ephemeral (and thus non-conventional) works would not be protected under UK law. However, in light of significant copyright developments since the inception of that case, it is queried whether a different outcome would be reached, such that copyright could be found to subsist in makeup. This chapter will seek to explore how the treatment of makeup in copyright law developed in the first place, looking at the international and national legislative basis for treatment of copyright works, as well as the Adam Ant case itself. The chapter will then turn to the current challenges faced, including the CJEU-developed criteria for copyright protection and its wider impact on the interpretation of UK law, before considering what the correct approach would be in light of these developments. Finally, the chapter will consider the future evolution of makeup protection, and the wider avenues available in the field of trade mark protection.
Fair Use or Fair Dealing in Africa: The South African Experience
Authors: Okorie Chijioke I
Published: June 2023

This chapter traces South Africa’s experience with addressing the fair use versus fair dealing dilemma in its copyright statute, and assesses both the practical implications and efficacy of the manner in which it has applied itself to the operation, use, and application of the fair dealing exception in practice. The chapter questions the efficacy of any fair dealing/fair use exceptions that may be adopted in South Africa, by assessing the manner in which the amendment process has engaged with the fair dealing exception and comparing it with how existing exceptions have been implemented in practice. The chapter starts by tracing South Africa’s experience on the path to reforming its fair dealing exceptions regime within its comprehensive copyright reform process. It identifies three main camps to the exceptions debates in South Africa: those arguing for fair use contextualized for South Africa; another arguing for the rejection of fair use for what is, in their opinion, its unsuitability in terms of form and the manner in which it was proposed and adopted; and those arguing for the retention of the current fair dealing system, albeit in a slightly modified form. Noting that each of these camps presents arguments aligned with their respective conceptualization of the purpose of copyright exceptions, the chapter highlights the absence of considerations as to what would make exceptions work in practice in the specific context of South Africa. The chapter concludes by suggesting how government action and citizen participation can play a greater role towards actualizing the purpose(s) that exceptions aim to serve.
One Does Not Simply Upload a Meme—Internet Memes and the Parody Exemption in Europe
Authors: Ling Peter
Published: June 2023

Internet memes have become ubiquitous. The number of meme templates is increasing exponentially and anyone can create new memes in a few seconds on dozens of dedicated websites for free. Memes are a genre based on the reappropriation of existing works and, as such, a topic of interest for copyright law. However, memes are also a popular form of expressing ideas. While some memes do not have more pretence than to make the viewer laugh, many are intended to convey a political, social, or cultural message. Keeping the freedom to make memes was part of the reason why some EU citizens took to the streets to prevent the enactment of the EU DSM Directive in 2018. Memes are therefore a modern illustration of the fundamental tension between copyright protection and freedom of expression. This contribution examines whether and when the use of original works of authorship to create memes constitutes copyright infringement in the EU, in particular by examining whether the parody exemption of the InfoSoc Directive can represent a useful defence against an infringement lawsuit.
From CD-Copying Vending Machines to Cloud-Based TV Recorders—Twenty Years of Private Copying in Germany
Authors: Brüß Mirko
Published: June 2023

‘Exception-based business models’ have thrived in Germany for over twenty years. The term describes services that allow users to produce and obtain copies of music, movies, and other digital content, while relying on the private copying exception, allowing the services to operate without licences from rightholders. German courts have reached widely divergent results in such cases, even when they had to judge largely identical services. My analysis of German and EU jurisprudence highlights the reasons for these discrepancies and criticizes the Bundesgerichtshof’s strictly technical approach to determine whether the private copying exception is applicable. I conclude that courts may have erred when designating the manufacturer of the reproductions, when assessing the legality of the template that is used for making the copy, when applying the three-step test, and by overlooking an EU-wide obligation to ensure fair compensation of rightholders when private copies are made.
Post-Mortem Rights of Publicity—A Comparison of New York and California
Authors: Perot Emma
Published: June 2023

After more than thirty years of fierce lobbying for and against a post-mortem right of publicity, such a right was finally introduced in New York, some twenty-five years after the California post-mortem right was recognized. Lobbyists on both sides were able to reach a compromise that preserved freedom of speech and simultaneously safeguarded potentially valuable post-mortem assets. Prior to the introduction of the New York law, estates used other strategies such as copyright protection, trade marks, and false endorsement under the Lanham Act to police unauthorized uses of the rights of publicity of deceased celebrities. While the introduction of the post-mortem right is a simpler and more certain approach than the traditional reliance on a patchwork of laws, the most important consequence, and one that is likely to be overlooked, is the tax implications. This chapter examines the strategies that have been used in the absence of post-mortem protection and emphasizes the new tax considerations that must be accounted for in estate planning in New York.
Psychology, Prototypicality, and Basic Shapes: The ‘shape resulting from the nature of the goods’ Exclusion under EU Trade Mark Law
Authors: Fhima Ilanah
Published: June 2023

This chapter revisits the CJEU’s interpretation of EU trade mark law’s ‘natural shape’ exclusion (aka ‘the first indent’) in the Hauck decision of 2014. The Court held that ‘a shape with essential characteristics which are inherent to the generic function or functions of such goods’ must not be registered as a mark. The CJEU’s introduction of the ‘generic functions’ terminology as a term of art without adequate explanation has puzzled trade mark scholars ever since. The chapter argues that the CJEU’s judgment in Hauck must be read alongside the corresponding AG’s opinion. In combination, these reveal that the first indent aims to prevent registration of ‘basic’ shapes which must be ‘kept free’ in the interest of maintaining a competitive market. However, neither really helps to identify what these basic shapes are. While the approach taken by the CJEU is obscure, the chapter argues that it finds support in the psychological and psycho-aesthetic literature. Here, ‘basic’ or ‘prototypical’ product shapes are recognized as those which are valuable in reducing information retrieval costs, and also those which consumers find particularly attractive. The chapter concludes that while the CJEU’s first attempt at blocking the registration of basic shapes in Hauck is not a model of clarity, the concept is one worth persevering with and developing, given its recognized real-world value and significance.