Jung, Mcluhan and the Archetype
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Unmasking the Right of Publicity
Hastings Law Journal Volume 71 Issue 2 Article 5 2-2020 Unmasking the Right of Publicity Dustin Marlan Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Dustin Marlan, Unmasking the Right of Publicity, 71 HASTINGS L.J. 419 (2020). Available at: https://repository.uchastings.edu/hastings_law_journal/vol71/iss2/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Unmasking the Right of Publicity † DUSTIN MARLAN In the landmark 1953 case of Haelan Laboratories v. Topps Chewing Gum, Judge Jerome Frank first articulated the modern right of publicity as a transferable intellectual property right. The right of publicity has since been seen to protect the strictly commercial value of one’s “persona”—the Latin-derived word meaning the mask of an actor. Why might Judge Frank have been motivated to fashion a transferable right in the monetary value of one’s public persona distinct from the psychic harm to feelings, emotions, and dignity rooted in the individual and protected under the rubric of privacy? Judge Frank was a leading figure in the American legal realist movement known for his unique and controversial “psychoanalysis of certain legal traditions” through influential books including Law and the Modern Mind. His work drew heavily on the ideas of psychoanalytic thinkers, like Sigmund Freud and Carl Jung, to describe the distorting effects of unconscious wishes and fantasies on the decision-making process of legal actors and judges. -
Theoretical Models of Consciousness: a Scoping Review
brain sciences Review Theoretical Models of Consciousness: A Scoping Review Davide Sattin 1,2,*, Francesca Giulia Magnani 1, Laura Bartesaghi 1, Milena Caputo 1, Andrea Veronica Fittipaldo 3, Martina Cacciatore 1, Mario Picozzi 4 and Matilde Leonardi 1 1 Neurology, Public Health, Disability Unit—Scientific Department, Fondazione IRCCS Istituto Neurologico Carlo Besta, 20133 Milan, Italy; [email protected] (F.G.M.); [email protected] (L.B.); [email protected] (M.C.); [email protected] (M.C.); [email protected] (M.L.) 2 Experimental Medicine and Medical Humanities-PhD Program, Biotechnology and Life Sciences Department and Center for Clinical Ethics, Insubria University, 21100 Varese, Italy 3 Oncology Department, Mario Negri Institute for Pharmacological Research IRCCS, 20156 Milan, Italy; veronicaandrea.fi[email protected] 4 Center for Clinical Ethics, Biotechnology and Life Sciences Department, Insubria University, 21100 Varese, Italy; [email protected] * Correspondence: [email protected]; Tel.: +39-02-2394-2709 Abstract: The amount of knowledge on human consciousness has created a multitude of viewpoints and it is difficult to compare and synthesize all the recent scientific perspectives. Indeed, there are many definitions of consciousness and multiple approaches to study the neural correlates of consciousness (NCC). Therefore, the main aim of this article is to collect data on the various theories of consciousness published between 2007–2017 and to synthesize them to provide a general overview of this topic. To describe each theory, we developed a thematic grid called the dimensional model, which qualitatively and quantitatively analyzes how each article, related to one specific theory, debates/analyzes a specific issue. -
A Copernican Revolution in Science and Religion:The Entangled State
1 A Copernican Revolution in Science and Religion Towards a Third Millennium Spirituality:The Entangled State of God and Humanity Peter B. Todd Synopsis As the title, The Entangled State of God and Humanity suggests, this lecture dispenses with the pre-Copernican, patriarchal, anthropomorphic image of God while presenting a case for a third millennium theology illuminated by insights from archetypal depth psychology, quantum physics, neuroscience and evolutionary biology. It attempts to smash the conceptual barriers between science and religion and in so doing, it may contribute to a Copernican revolution which reconciles both perspectives which have been apparently irreconcilable opposites since the sixteenth century. The published work of C.G. Jung, Wolfgang Pauli, David Bohm and Teilhard de Chardin outline a process whereby matter evolves in increasing complexity from sub-atomic particles to the human brain and the emergence of a reflective consciousness leading to a noosphere evolving towards an Omega point. The noosphere is the envelope of consciousness and meaning superimposed upon the biosphere a concept central to the evolutionary thought of visionary Jesuit palaeontologist Pierre Teilhard de Chardin (The Phenomenon of Man). His central ideas, like those of Jung with his archetypes, in particular that of the Self, provide intimations of a numinous principle implicit in cosmology and the discovery that in and through humanity, evolution becomes not only conscious of itself but also directed and purposive. Although in Jung’s conception it was a “late-born offspring of the unconscious soul”, consciousness has become the mirror which the universe has evolved to reflect upon itself and in which its very existence is revealed. -
Carl Jung, the Red Book, and The"Collective Unconscious"
Swiss American Historical Society Review Volume 53 Number 1 Article 4 2-2017 Privilege as Blind Spot: Carl Jung, The Red Book, and the"Collective Unconscious" Laura L. M. Fair-Schulz Department of Fine Art and Department of Psychology State University of New York College at Potsdam William E. Herman Department of Fine Art and Department of Psychology State University of New York College at Potsdam Follow this and additional works at: https://scholarsarchive.byu.edu/sahs_review Part of the European History Commons, and the European Languages and Societies Commons Recommended Citation Fair-Schulz, Laura L. M. and Herman, William E. (2017) "Privilege as Blind Spot: Carl Jung, The Red Book, and the"Collective Unconscious"," Swiss American Historical Society Review: Vol. 53 : No. 1 , Article 4. Available at: https://scholarsarchive.byu.edu/sahs_review/vol53/iss1/4 This Article is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Swiss American Historical Society Review by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Fair-Schulz and Herman: Privilege as Blind Spot Privilege as Blind Spot: Carl Jung, The Red Book, and the"Collective Unconscious" by Laura L. M. Fair-Schulz and William E. Herman Department of Fine Art and Department of Psychology State University of New York College at Potsdam " It all depends on how we look at things, and not how they are in themselves." - Carl Jung, Psychological Reflections "He who is reluctant to recognize me is against me." - Frantz Fanon, Black Skin, White Masks Carl Gustav Jung's monumental Liber Novus or The Red Book journal, begun in 1914 and published posthumously in 2009, presents the viewer with a dazzling array of painted images. -
Kirwan Update July/August 2010
Kirwan Update July/August 2010 The Changing Face of Black America Executive Notes Charisma S. Acey number of reasons, including increasingly The immigration issue Assistant Professor of restrictive immigration policies among City and Regional Planning has exploded again with a joint appointment European countries. Moreover, changes into the national spot- at the Kirwan Institute to U.S. immigration policy have directly light with Arizona’s affected the rates of legal migration to the draconian law. Given Most of the increase in scholarship United States: The 1965 act eliminated the the issue’s complexity, on immigration following the 1965 quota system, and refugee policies in the I would like to touch Immigration and Naturalization Act has 1980s also facilitated immigration. The most on four key points. Professor john a. powell followed the dramatic rise in non-European dramatic jump in African immigrant popu- Rather than looking at immigrant diversity, but has been heavily lation was between 2000 and 2005, accord- the immigration issue focused on Latino, Asian, and European ing to the 2007 report by Mary Mederios in isolation, we should socioeconomic attainment and assimila- Kent, “Immigration and America’s Black recognize the effect of our current socio- tion. According to the last U.S. Census, Population,” when 40 percent of the current political situation as the country deals African immigrants to the United States African immigrant population arrived. with a deep recession in the Obama era. from the mid-20th century now num- How do Black Caribbean and Black African Secondly, we should consider the role of ber approximately one million persons, migration differ? Studies of Black Caribbean immigration in Anglo-American global- mostly from West, East, and North Africa, migration have found evidence of assimila- ization, which has become the received with smaller numbers from Southern and tion with Black America, in terms of resi- wisdom for elites. -
Philosophy of Mind
Introduction to Philosophy: Philosophy of Mind INTRODUCTION TO PHILOSOPHY: PHILOSOPHY OF MIND ERAN ASOULIN, PAUL RICHARD BLUM, TONY CHENG, DANIEL HAAS, JASON NEWMAN, HENRY SHEVLIN, ELLY VINTIADIS, HEATHER SALAZAR (EDITOR), AND CHRISTINA HENDRICKS (SERIES EDITOR) Rebus Community Introduction to Philosophy: Philosophy of Mind by Eran Asoulin, Paul Richard Blum, Tony Cheng, Daniel Haas, Jason Newman, Henry Shevlin, Elly Vintiadis, Heather Salazar (Editor), and Christina Hendricks (Series Editor) is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted. CONTENTS What is an open textbook? vii Christina Hendricks How to access and use the books ix Christina Hendricks Introduction to the Series xi Christina Hendricks Praise for the Book xiv Adriano Palma Acknowledgements xv Heather Salazar and Christina Hendricks Introduction to the Book 1 Heather Salazar 1. Substance Dualism in Descartes 3 Paul Richard Blum 2. Materialism and Behaviorism 10 Heather Salazar 3. Functionalism 19 Jason Newman 4. Property Dualism 26 Elly Vintiadis 5. Qualia and Raw Feels 34 Henry Shevlin 6. Consciousness 41 Tony Cheng 7. Concepts and Content 49 Eran Asoulin 8. Freedom of the Will 58 Daniel Haas About the Contributors 69 Feedback and Suggestions 72 Adoption Form 73 Licensing and Attribution Information 74 Review Statement 76 Accessibility Assessment 77 Version History 79 WHAT IS AN OPEN TEXTBOOK? CHRISTINA HENDRICKS An open textbook is like a commercial textbook, except: (1) it is publicly available online free of charge (and at low-cost in print), and (2) it has an open license that allows others to reuse it, download and revise it, and redistribute it. -
Everyday Bias: Further Explorations Into How the Unconscious Mind
Everyday Bias Further Explorations into How the Unconscious Mind Shapes Our World at Work An Evolving Understanding of Unconscious Bias Offers Opportunities for Improving Performance at Your Place of Work by Howard Ross, Founder and Chief Learning Officer, Cook Ross Inc. Everyday Bias: Further Explorations into How the Unconscious Mind Shapes Our World at Work An Evolving Understanding of Unconscious Bias Offers Opportunities for Improving Performance at Your Place of Work by Howard Ross, Founder and Chief Learning Officer, Cook Ross Inc. INTRODUCTION Hurricanes were exclusively assigned female What they found was fascinating. names until the late 1970’s. Since then, the World Meteorological Association (WMA) has It turns out that there is a dramatic difference alternatively given them male and female names. between the average death rates of the storms In May of 2014, the Proceedings of the National named for men (23) and those named for women Academy of Science released the results of an (45). Was this because the WMA chose female interesting study from the University of Illinois1. names for the harshest storms? Not unless they Researchers analyzed more than sixty years had a crystal ball. The names, it turns out, are of death tolls from ninety four hurricanes that designated years before the actual hurricanes. occurred in the United States between 1950 The difference, it seems, lies not in the naming and 2012. They removed two hurricanes whose of the storms, but in the reaction to the storms’ death tolls were so dramatically greater than the names. “People may be dying as a result of the others that they would skew the data: Hurricane femininity of a hurricane (name),” said Sharon Katrina, which killed approximately 1,500 people Shavitt, one of the studies co-authors. -
Critical Race Theory and Classical-Liberal Civil Rights
Critical Race Theory and Classical- Liberal Civil Rights Scholarship: A Distinction Without a Difference? Roy L. Brookst Mary Jo Newbornt We need to admit up front to our collective disadvantage in making multiculturalism a focus of this book. We are three bland middle class white men whose academic careers have focused on mainstream doctrine and the application of positive political theory to public law issues. Though one of us (Farber) is a Jew and one of us (Eskridge) is a gay man, we have not experienced exclusion in the same ways as women, lesbians, Asians, African Americans, Hispanics, and Native Americans. Partly for this reason, in our treatment of discrimination-related issues, we have relied less on our own textual exposition of different points of view (as we do in most of the book), and more on excerpting the views of scholars whose work reflects other perspectives INTRODUCTION When a standard law school casebook adopts a new legal paradigm, it is usually a sure sign that the paradigm has become an accepted part of mainstream legal culture or the canon of legal knowledge. Not everyone would agree, however, that all aspects of the newest legal paradigm, mul- Copyright © 1994 California Law Review, Inc. t Professor of Law, University of San Diego School of Law. B.A. 1972, University of Connecticut; J.D. 1975, Yale University. * Associate Professor of Law, University of San Diego School of Law. B.A. 1984, Smith College; J.D. 1987, University of Michigan. The authors wish to thank Philip P. Frickey and Beverly I. Moran for helpful comments on an earlier draft of this Article. -
The Influence of Subconscious Mind on Human Behavior
Volume 2, Issue 2 2017 The Influence of Subconscious Mind on Human Behavior Nurilia A. University Malaysia of Computer Science and Engineering, Putrajaya, Malaysia Abstract: This paper studies the influence of subconscious mind on human’s behavior. How it affects the ways of human talking, making decisions, thinking and how it actually affects their lifestyles without realizing. The society still does not have a clear mind on what is subconscious mind and most are probably confused with unconscious mind. The human behaviors basically are influenced by many things but in this research the author has specifically wanted to study on how the subconscious mind influence the human behaviors in many ways Keywords: subconscious mind, human behaviors, lifestyles ———————————————————— Introduction Many people would have responded that they do now something when were ask “Do you know what is subconscious mind?” When the fact is they actually do not. This has made the author wants to learn more about subconscious mind and the real definition behind it as it is an interesting topic to the author. The author first exposed with this subconscious matter is when the author watched a movie called “Inception” which plays around with dreams and the power of subconscious mind. This matter excites the author therefore she decided to read and study more about it thus, the reason the author chose this topic is because the author wanted to know the power of subconscious mind as this matter is not being talked by the society in daily lives and the misunderstanding about conscious and subconscious. The society is aware of conscious mind but some of them do not know the existing of the subconscious mind. -
The Unconscious Mind John A
PERSPECTIVES ON PSYCHOLOGICAL SCIENCE The Unconscious Mind John A. Bargh and Ezequiel Morsella Yale University ABSTRACT—The unconscious mind is still viewed by many This research, in contrast with the cognitive psychology tradi- psychological scientists as the shadow of a ‘‘real’’ con- tion, has led to the view that the unconscious mind is a perva- scious mind, though there now exists substantial evidence sive, powerful influence over such higher mental processes that the unconscious is not identifiably less flexible, com- (see review in Bargh, 2006). plex, controlling, deliberative, or action-oriented than is And, of course, the Freudian model of the unconscious is still its counterpart. This ‘‘conscious-centric’’ bias is due in with us and continues to exert an influence over how many part to the operational definition within cognitive psy- people think of ‘‘the unconscious,’’ especially outside of psy- chology that equates unconscious with subliminal. We re- chological science. Freud’s model of the unconscious as the view the evidence challenging this restricted view of the primary guiding influence over daily life, even today, is more unconscious emerging from contemporary social cognition specific and detailed than any to be found in contemporary research, which has traditionally defined the unconscious cognitive or social psychology. However, the data from which in terms of its unintentional nature; this research has Freud developed the model were individual case studies in- demonstrated the existence of several independent un- volving abnormal thought and behavior (Freud, 1925/1961, p. conscious behavioral guidance systems: perceptual, eval- 31), not the rigorous scientific experimentation on generally uative, and motivational. -
Hypnosis and Hypnotherapy
Hypnosis and Hypnotherapy What is hypnosis? Hypnosis is a treatment intervention that involves inducing the client into a relaxed, suggestible state and then offering post-hypnotic suggestions for relief of symptoms. It uses the hypnotic trance—the simple shifting back and forth between the conscious and subconscious mind, a natural process that occurs every day—in order to create this relaxed, suggestible state. What is the hypnotic trance? Many people think of hypnosis as inducing sleep. That’s actually not the case. Hypnosis (and hypnotherapy) induce the “trance state.” It is actually a natural state of mind that many of us encounter in everyday life on a regular basis. If you’ve ever been engrossed in a book, movie, or performance, then you have likely experienced the trance state. The only thing that distinguishes a naturally occurring trance state from the hypnotic trance state is that hypnotherapists induce the latter and are able to control the trance state to create understanding and healing. How is the hypnotic trance induced? Therapists use different types of hypnotic induction to get people into a trance state. The most well known and effective techniques to induce trance state is eye fixation, asking clients to stare at a spot on the ceiling or an object, or their thumb as it moves slowly backward and forward. We also teach several deepening techniques at The Wellness Institute. Most of these well established tools rely on creating deep relaxation. How is the hypnotic trance used in hypnotherapy? The hypnotic trance state creates a deep sense of relaxation and allows the client to let go. -
Group Analysis
Article group analysis So What is this Social Unconscious Anyway? Haim Weinberg Although the concept of the Social Unconscious has increased in importance in the group analytic literature recently, there are still many misconceptions and misunderstandings about it and its prac- tical applications. While some papers define the term, there are no papers explaining the basics of the social unconscious and what it includes. The purpose of this article is to address the misconcep- tions, describe the basic building blocks of the social unconscious, and develop a working definition for this complex term. Key words: Social Unconscious, large groups, chosen trauma, group analysis, Foulkes Introduction As social scientists we are looking for order and construction to explain social structures. It is easier to explore order in small groups, and to analyze their developmental stages, styles of leadership, members’ roles, and dynamic processes. When we turn to higher hierarchy living systems, simple models are not enough. The need to have meaning for complex social formations leads to different perspectives explaining cultures, society, and nation states. From the psychological point of view, we are look- ing for a method to uncover the ‘deep structure’ of a society or of cultural belief systems. Following the psychoanalytic and psychodynamic tradition, we look for some unconscious motives driving an individual, a group, or communities. The first question Group Analysis. Copyright & 2007 The Group-Analytic Society (London), Vol 40(3):307–322. DOI: 10.1177/0533316407076114 http://gaq.sagepub.com Downloaded from gaq.sagepub.com by Haim Weinberg on August 27, 2016 308 Group Analysis 40(3) that comes to mind is whether it is justified to relate an ‘Uncon- scious’ to a larger social system.