<Emphasis Type="Italic">Peters Edition v. Batt</Emphasis>: The Intertextuality of Silence

The article deals, on the one hand, with a legal conflict between a musical performer/arranger, Mike Batt, and the estate of a composer of avant-garde music, John Cage, over copyright. It is also concerned with the field of intertextuality – how meaning is created in a text or in a work of art, whether it is visual, musical or verbal, through allusions and quotations to previous texts or works of art. The controversy, which did not reach the courts because of a pre-trial settlement, was over an author’s rights to silence, or, as in this case, a silent piece of music. The central issue discussed is the way in which silence may be considered – if at all, to be protectable.     

Schadenersatzreform – Gefährdungshaftung und Unternehmerhaftung

Der Entwurf eines neuen ?sterreichischen Schadenersatzrechts sieht Regelungen der Gef?hrdungshaftung sowie der Unternehmerhaftung vor. Der Beitrag untersucht die jeweilige Ausgangslage, das Reformanliegen und die Konsequenzen einer Reform.     

Tag des Wassers

Ohne Zusammenfassung     

The Relationship Between Religious and Spiritual Factors and the Perpetration of Intimate Personal Violence

Despite some understanding of general correlates and possible antecedents to intimate partner violence (IPV) within the Christian community, the impact of religious and spiritual factors tends to be confounded by other factors and is often misjudged. Archival data from Wave III of the National Longitudinal Study of Adolescent Health (Add Health) were used to examine the impact of nine religious and spiritual factors on the probability of IPV perpetration by males, aged 18 to 26, who nominally classified themselves as Catholic, Protestant, or Christian. Logistic regression results indicated that IPV perpetration could not be adequately predicted from the religious and spiritual factors. Given the geographic breadth and the size of the Add Health sample, no finding of a predictive model for Christian male-perpetrated IPV challenges the paradigm that religious and spiritual factors should be overtly addressed in faith-based batterers’ programs targeting young adult males.     

WHERE IS THE VILLAGE GOING? MAINTAINING AND INCLUDING CULTURAL STRENGTHS TO PROTECT CHILDREN ORPHANED IN KENYA

This article is the result of a master's thesis about children and their universal right to be included in a family environment. This is not only protected under international law, but also intuitive to human beings. HIV‐AIDS continues to threaten lives of children, particularly in sub‐Saharan Africa in the form of orphaning. Looking at a case study from Kenya, it is revealed that, while legal protection is yet to be fully realized in the state, strong cultural norms of value are alive. Currently, the extended family system is the greatest protection to children orphaned or at risk of being orphaned. However, this system was made invisible in the domestic laws of Kenya under the Children Act 2001. This neglect calls for questions not only regarding the protection cultural norms may offer, according to the best interests of children, but also as to the cultural environment being created with the new law.