Public Sociology Vs. the Market1
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Fictitious Commodities: a Theory of Intellectual Property Inspired by Karl Polanyi’S “Great Transformation”
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 29 XXIX Number 4 Article 4 2019 Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Alexander Peukert Goethe University, Frankfurt, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons, International Law Commons, and the Science and Technology Law Commons Recommended Citation Alexander Peukert, Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation”, 29 Fordham Intell. Prop. Media & Ent. L.J. 1151 (2019). Available at: https://ir.lawnet.fordham.edu/iplj/vol29/iss4/4 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Cover Page Footnote Professor Dr. iur., Goethe University, Frankfurt am Main, [email protected]. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol29/iss4/4 Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Alexander Peukert* The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. -
1 Zhirong “Jerry” Zhao
Updated 03/16/2020 ZHIRONG “JERRY” ZHAO Gross Family Professor, Public & Nonprofit Management Hubert H. Humphrey School of Public Affairs, University of Minnesota (UMN) 301 19th Avenue South, Minneapolis, MN 55455 [email protected], 612-625-7318 (phone) BIOGRAPHICAL INFORMATION Education 2005 Ph.D. of Public Administration, University of Georgia (UGA), Athens 1997 Master of Urban Planning, Tongji University, Shanghai, China 1993 Bachelor of Urban Planning, Tongji University, Shanghai, China Academic Positions 2019- pres. Chair Leadership & Management Area, Humphrey School of Public Affairs, UMN 2019–pres. Gross Family Professor, Humphrey School of Public Affairs, UMN 2017- pres. Director, Master of Public Policy Program, Humphrey School of Public Affairs, UMN 2017- pres. Founding Director, Institute for Urban & Regional Infrastructure Finance, UMN 2012–2019 Associate Professor, Humphrey School of Public Affairs, UMN 2007–2011 Assistant Professor, Humphrey School of Public Affairs, UMN 2005–2007 Director, Political Science Internship Program, Eastern Michigan University 2005–2007 Assistant Professor, Department of Political Science, Eastern Michigan University Professional Experience 2002–2005 Education Program Specialist, Carl Vinson Institute of Government, UGA 1993–1998 Assistant Urban Planner, Xiamen Academy of Urban Planning & Design, China Awards and Honors 2020 SCPA Leadership Award, American Society for Public Administration (ASPA) 2018 Outstanding Services Award, Center for Transportation Studies, UMN 2018 Leadership Award, China-America -
Institutional Change in Market-Liberal State Capitalism
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics ten Brink, Tobias Working Paper Institutional change in market-liberal state capitalism. An integrative perspective on the development of the private business sector in China MPIfG Discussion Paper, No. 11/2 Provided in Cooperation with: Max Planck Institute for the Study of Societies (MPIfG), Cologne Suggested Citation: ten Brink, Tobias (2011) : Institutional change in market-liberal state capitalism. An integrative perspective on the development of the private business sector in China, MPIfG Discussion Paper, No. 11/2, Max Planck Institute for the Study of Societies, Cologne This Version is available at: http://hdl.handle.net/10419/45622 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. -
The Political Economy of Chinese State Capitalism
The Political Economy of Chinese State Capitalism Li Xing and Timothy M. Shaw∗ Abstract: The paper intends to provide a framework of understanding the political economy of Chinese state capitalism in which China transformed from an economy owned and controlled by the state to one supervised and regulated by the state in combination with market mechanisms. It explores how China is able to combine political, economic and socio- cultural innovations in developing state capitalism with “Chinese characteristics”. It argues that the uniqueness of Chinese state capitalism can be conceptualized from the perspectives of: 1) understanding China as a “civilization-state” (vis-à-vis Western “nation-state”) that has a unique type of political culture and rationality; 2) examining the resilient capacity of Chinese culture and the Chinese party-state in sinicizing and internalizing foreign ideas and practices; 3) analyzing the Chinese state-market relationship in which institutional innovations, commodification of state power, and marketization of public resource play a positive role in securing a certain level of state-market-society embeddedness. But the paper also indicates the potential challenges and limitations of Chinese state capitalism. Introduction One of the puzzling questions facing many scholars of social sciences and especially those engaged in Chinese studies is how to comprehend and interpret China’s historical transformations shaped by fundamental changes and great successes in the past three decades. What are the internal driving forces and the external influences behind these transformations? There is a general consensus that China’s success in moving from an economy owned and controlled by the state (state socialism) to one supervised and regulated by the state through combining legal means with market mechanisms cannot be achieved without an active role by the Chinese state in attaining macro-policy independence and socio-political stability. -
Refugee Inflow, Surplus Farm Labor, and Crop Marketization in Rural Africa
Refugee Inflow, Surplus Farm Labor, and Crop Marketization in Rural Africa∗ Shunsuke Tsuday Brown University PRELIMINARY—Please do not cite. October 8, 2018 Abstract This paper investigates long-term effects of a mass refugee inflow on agricultural households through local labor and crop market interactions. I exploit a natural experiment Tanzania faced when it experienced a refugee inflow from Burundi and Rwanda in the early 1990s. This refugee inflow is distinguishable from a general migration context in terms of food aid and infrastructure develop- ment around refugee camps. Empirical analyses using the long-term panel data from refugee-hosting economies, in conjunction with the non-separable household model, show that the refugee inflow causes both benefits and losses for local farmers. The refugee inflow tightens the off-farm labor mar- ket participation constraint, implying an increase in surplus farm labor and labor market inefficiency. On the other hand, the refugee inflow has a positive effect on the transition from subsistence into crop marketization. In the long run, this transition is revealed to be primarily due to the decrease in fixed crop market transaction costs, rather than consumption demand shifts. Since the “surplus farm labor effect” and “crop marketization effect” work in opposite directions, the overall impact of the refugee inflow on agricultural labor productivity is insignificant. JEL Classification: O12, O13, D74, Q12, R23 Keywords: Ethnic Conflicts, Refugees, Agricultural Household Models, Subsistence, Transactions Costs, Shadow Wages, Structural Transformation, Sub-Saharan Africa ∗I am grateful to my advisor Andrew Foster for discussions. I thank Bryce Steinberg for her numerous comments. The earlier version of this paper substantially benefited from discussions with Yasuyuki Sawada and comments from Hidehiko Ichimura, Takashi Kurosaki, Daniel Marszalec, Kenichi Ueda, Koichi Ushijima, and participants of Microeconomic Workshop at U-Tokyo and JEA meeting at Nagoya-U. -
Haberdashers' Aske's School
1 Haberdashers’ Aske’s School Occasional Papers Series in the Humanities Occasional Paper Number Twenty-Nine The “Ugly truth” of Facebook Friendship: An expansion of Polanyi’s fictitious commodity to friendship within Facebook and modern social media Freddie Marshall Old Haberdasher [email protected] November 2019 A Haberdashers’ Aske’s Occasional Paper. All rights reserved. 2 Haberdashers’ Aske’s Occasional Paper Number Twenty-Nine November 2019 All rights reserved Freddie Marshall The “Ugly truth” of Facebook Friendship An expansion of Polanyi’s fictitious commodity to friendship within Facebook and modern social media Abstract This essay considers whether Polanyi’s conception of the fictitious commodity can apply to social media platforms, specifically Facebook. The fictitious commodity, a marketisation of a natural good, can apply beyond Polanyi’s original remit towards the new fictitious commodity of friendship within the era of Facebook. To explain this, the essay utilises Polanyi’s theoretical framework and applies it to modern understandings of Facebook’s operation as representative of the wider social media communications revolution. In placing this framework into a modern context, it can be seen that Polanyi’s historical, sociological and political considerations remain relevant to explaining current trends. It is shown how the fictitious commodity can be legitimately expanded; how the market operation of friendship creates this fictitious commodity and lastly how this is a relevant expansion to help understand specific tensions within the wider communications revolution. To consider this thesis, research was undertaken into critiques of Polanyi, modern expansions of his work and understanding how friendship can be defined and operate within the context of Facebook. -
Law, Market and Marketization
ARTICLES & ESSAYS DOI 10.6092/issn.2531-6133/6356 Law, Market and Marketization † ROBIN PAUL MALLOY TABLE OF CONTENTS: 1. Introduction; 2. Law & Markets; 3. Law & Marketization; 3.1. Assetization; 3.2 Transferring Assets; 3.3 Authentication and Valuation of Assets; 4. Conclusion. ABSTRACT: Marketization is a process occurring in many transitional economies as countries seek to adjust their legal systems to facilitate broader market participation while expanding global trade. This essay sets out one way of understanding this process by focusing on the relationship among, law, markets, and marketization. It identifies and explains basic legal requirements for marketization and links these to a need to transform legal thinking by integrating a greater understanding of economics into both law and public policy. KEYWORDS: Law and Economics; Markets; Marketization; Rule of Law; Property. UNIVERSITY OF BOLOGNA LAW REVIEW ISSN 2531-6133 [VOL.1:2 2016] This article is released under the terms of Creative Commons Attribution 4.0 International License 166 University of Bologna Law Review [Vol.1:2 2016] DOI 10.6092/issn.2531-6133/6356 1. INTRODUCTION In the second decade of the new millennium, as we deal with the post- financial market meltdown and the failure of self-correcting market theory to prevent a global financial crisis, the legal pragmatists among us realize a need to think carefully about the relationship between law, markets and marketization.1 Putting the recent financial collapse into perspective, we should note that we have already spent some forty years with law and economics as an important influence in jurisprudence,2 bringing market thinking firmly into law, and that we have already been through the processes of globalization, harmonization, and the transition to market economies in such countries as China, and in some of the countries of Eastern Europe and the former Soviet Union. -
The Green Economy: the Dangerous Path of Nature Commoditization
Consilience: The Journal of Sustainable Development Vol. 10, Iss. 1 (2013), Pp. 85–98 The Green Economy: The Dangerous Path of Nature Commoditization Mark Wilson Center for Sustainable Development Uppsala University, Sweden email: [email protected] Abstract UNEP’s proposal of the green economy advocates the pricing of ecosystem services in the hope of providing greater environmental protection and eradicating poverty. There are five aspects of the green economy which could undermine its practical implementation as well as its social legitimacy; i) ecosystem services are inherently difficult to price, ii) the consideration of the rebound effect is insufficient, iii) primacy of economics over the environment is ensured, iv) markets offer little protection for the poorest people, and v) existing market mechanisms aimed at safeguarding the environment have not succeeded. The green economy relies upon the discursive power of ecological modernization and our faith in progress to uphold a failing strategy of unfettered economic growth. This discourse limits our capacity to conceive solutions outside the economic sphere. Achieving sustainable development will require a process of social change that could be facilitated by the acceptance that nature is more than just a form of capital. Author’s Note Mark Wilson is a Cemus course coordinator at the Center for Sustainable Development at Uppsala University, Sweden. His research interests include ecological economics and food system resilience. Keywords: green economy; payment for ecosystem services; sustainable development; commoditization of nature; ecological modernization; economic growth. 1. The Future We Want? The 2012 Rio + 20 United Nations Conference on Sustainable Development (UNCSD) has resulted in a disappointing and rather vague outcome document. -
The Fair and Laissez-Faire Markets: from a Neoliberal Laissez- Faire Baseline to a Fair Market
Pursuit - The Journal of Undergraduate Research at The University of Tennessee Volume 5 Issue 1 Article 8 June 2014 The Fair and Laissez-Faire Markets: From a Neoliberal Laissez- Faire Baseline to a Fair Market Eric L. Dixon University of Tennessee, Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/pursuit Part of the Economic Policy Commons, Economic Theory Commons, Ethics and Political Philosophy Commons, Inequality and Stratification Commons, Political Economy Commons, and the Public Policy Commons Recommended Citation Dixon, Eric L. (2014) "The Fair and Laissez-Faire Markets: From a Neoliberal Laissez-Faire Baseline to a Fair Market," Pursuit - The Journal of Undergraduate Research at The University of Tennessee: Vol. 5 : Iss. 1 , Article 8. Available at: https://trace.tennessee.edu/pursuit/vol5/iss1/8 This Article is brought to you for free and open access by Volunteer, Open Access, Library Journals (VOL Journals), published in partnership with The University of Tennessee (UT) University Libraries. This article has been accepted for inclusion in Pursuit - The Journal of Undergraduate Research at The University of Tennessee by an authorized editor. For more information, please visit https://trace.tennessee.edu/pursuit. The Fair and Laissez-Faire Markets: From a Neoliberal Laissez-Faire Baseline to a Fair Market Cover Page Footnote I would like to thank David Reidy, Jon Garthoff, and especially Jon Shefner for their continued assistance of my studies in political economy and political philosophy. I would also like to thank my friends and family for their unconditional support. This article is available in Pursuit - The Journal of Undergraduate Research at The University of Tennessee: https://trace.tennessee.edu/pursuit/vol5/iss1/8 Pursuit: The Journal of Undergraduate Research at the University of Tennessee Copyright © The University of Tennessee PURSUIT trace.tennessee.edu/pursuit Fair & Laissez-Faire Markets: From a laissez-faire baseline to a fair market conception ERIC L. -
Love As a Fictitious Commodity: Gift-For-Sex Barters As Contractual Carriers of Intimacy
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Open Repository and Bibliography - Luxembourg Sexuality & Culture (2013) 17:598–616 DOI 10.1007/s12119-012-9162-1 ORIGINAL PAPER Love as a Fictitious Commodity: Gift-for-Sex Barters as Contractual Carriers of Intimacy Christopher S. Swader • Olga Strelkova • Alena Sutormina • Viktoria Syomina • Volha Vysotskaya • Irene Fedorova Published online: 7 December 2012 Ó Springer Science+Business Media New York 2012 Abstract Gift-for-sex (GFS) barters are a niche practice potentially representing the commodification of everyday dating practices. We inquire how GFS exchanges are practiced and understood in contemporary Russia. Second, we situate these in relation to contemporary economic culture. Our project provides answers in two steps based on online content. First, we identify GFS exchange practices within a major dating website. Next, we take the signals exchanged in those dating profiles and display their intersubjective meanings in Russia based on blogs and discussion fora. Our analysis focuses on gender roles and inter-gender conflicts, the use of economic jargon, the link between luxury consumption and sexuality, and under- standings of gift-giving and generosity, in order to show how GFS barters, despite being contractual, carry emotional and romantic content. As such, love is under a constant conversion process, through the medium of the contractual gift, into the fictitious commodity form. Keywords Compensated dating Á Fictitious commodification Á Gift-exchange Á Post-socialist transformation Á Economic jargon Á Sexuality Introduction How does the modern economic culture influence intimate social relationships? Classically oriented scholars have investigated the ways in which capitalism, consumerism, or money are in constant tension with core human sociality. -
Trademarks As Fictitious Commodities
Munich Personal RePEc Archive Trademarks as Fictitious Commodities: An Erosion of the Public Interest? An Assessment of the use of trademarks over urban space at the example of London’s Regent Street and Paris’ Champs-Elysées Ghafele, Roya and Vanderslott, Samantha University of Oxford, Oxfirst, UK Department of Business, Innovation Skills 26 September 2011 Online at https://mpra.ub.uni-muenchen.de/36321/ MPRA Paper No. 36321, posted 01 Feb 2012 07:25 UTC Trademarks as Fictitious Commodities: An Erosion of the Public Interest? An Assessment of the use of trademarks over urban space at the example of London’s Regent Street and Paris’ Champs-Elysées Roya Ghafele, University of Oxford & Oxfirst Limited Samantha Vanderslott, UK Department on Business, Innovation and Skills Email: [email protected] or [email protected] Key words Fictitious Commodities, Public Interest, Trademarks, Urban Space, International Economic Integration, Global Competitiveness, Branding Street names, Double Movement Table of Contents Trademarks as Fictitious Commodities: An Erosion of the Public Interest? ................................... 1 An Assessment of the use of trademarks over urban space at the example of London’s Regent Street and Paris’ Champs-Elysées .................................................................................................... 1 Abstract ............................................................................................................................................ 2 Introduction ..................................................................................................................................... -
MARKETIZATION__DEMOCRACY LSE Working Paper
WORKING PAPERS LIBERALIZATION, GLOBALIZATION AND THE DYNAMICS OF DEMOCRACY IN INDIA D. M. NACHANE ESRC-ICSSR Fellow, Asia Research Centre LSE India Observatory ASIA RESEARCH CENTRE WORKING PAPER 32 ASIA RESEARCH CENTRE WORKING PAPER 32 LIBERALIZATION, GLOBALIZATION AND THE ••• DYNAMICS OF DEMOCRACY IN INDIA Written by: D. M. NACHANE Dilip Nachane visiting ESRC-ICSSR Fellow at the LSE India Observatory, and Hon. Sr. Fellow at the ISAS, NUS, Singapore. He has held a number of distinguished positions in his career including Director of the Indira Gandhi Institute of Development Research, Mumbai, India (2007-2010), Director, Department of Economics, University of Mumbai (1993-1999) and Hon. Director, Western Regional Centre (Indian Council of Social Science Research) (1999-2003). He has also lectured at a number of universities in UK, Europe and North America including the University of British Columbia (Canada), University of Zurich (Switzerland), University of Ulster, University of Magdeburg (Germany) etc. He has also been a Sr. Hallsworth Fellow at the University of Manchester (UK), a Fulbright Fellow at the University of Texas at Austin (US) and Jean Monnet Fellow at the European University Institute (Florence, Italy). He has published several books and research articles in the areas of Econometric Theory, Banking & Finance, Macroeconomics, Development Economics etc. He is also currently a member of the Reserve Bank of India’s Technical Advisory Committee on Monetary Policy. June 2010 Copyright © Dilip Nachane, 2010 All rights reserved. Apart from any fair dealing for the purpose of research or private study, or criticism or review, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission by the publisher of the author.