Legibility in the Age of Signs and Machines offers a compelling reflection on what the notion of legibility entails in a machinic world in which any form of cultural expression – from literary... Show moreLegibility in the Age of Signs and Machines offers a compelling reflection on what the notion of legibility entails in a machinic world in which any form of cultural expression – from literary texts, films, artworks and museum exhibits to archives, laws, computer programs and algorithms – necessarily partakes in ever-more complex processes of (mass) mediation. Divided over four clusters focusing on desire, justice, machine and heritage, the chapters in the volume explore what makes something legible or illegible to whom or, indeed, what; the kinds of reading, processing or navigating such il/legibility facilitates or forecloses; and the role critical (media) theory, literary studies and the Humanities in general can play in tackling these and related issues. Contributors: Ernst van Alphen, Anke Bosma, Siebe Bluijs, Sean Cubitt, Colin Davis, Katrine Dirckinck-Holmfeld, David Gauthier, Giovanna Fossati, Isabel Capeloa Gil, Pepita Hesselberth, Yasco Horsman, Janna Houwen, Looi van Kessel, Esther Peeren, Seth Rogoff, Roxana Sarion, Frederik Tygstrup, Inge van de Ven, Ruby de Vos, Peter Verstraten, Tessa de Zeeuw Show less
Castermans, A.G.; Graaff, R. de; Haentjens, M. 2016
This chapter critically examines the CESL from the viewpoint of its capability to provide legal certainty for commercial actors. This chapter’s analysis focuses on three important stages in the... Show moreThis chapter critically examines the CESL from the viewpoint of its capability to provide legal certainty for commercial actors. This chapter’s analysis focuses on three important stages in the life cycle of a contract, seen from a business perspective: the scope rules that determine whether the CESL applies to a contract (para. 5.2), the interpretation of entire agreement clauses (para. 5.3) and the legal consequences of a breach of contract (para. 5.4). The chapter concludes that, with a few notable exceptions, the CESL rules do not enable contracting parties to predict, with a sufficient degree of certainty, the legal consequences of entering into the contract. From a business perspective, the CESL rules are therefore not crafted well enough to serve as a blueprint for future legislation. Show less
The ECtHR needs to provide effective rights protection, but it also needs to set clear standards while showing deference to decisions made at the national level. Especially when socio-economic... Show moreThe ECtHR needs to provide effective rights protection, but it also needs to set clear standards while showing deference to decisions made at the national level. Especially when socio-economic issues are concerned, meeting these different demands is a challenging task. The thesis explores the possible use and added value of the notion of ‘core rights’ for the reasoning of the ECtHR in socio-economic cases. By means of a comparative study of the German Wesensgehaltsgarantie, the minimum core obligations related to the ICESCR, and the debate on the use of core rights for the protection of socio-economic rights under the South African Constitution, insights are gained on the possibilities and pitfalls inherent in this idea. On the basis thereof, a ‘core rights perspective’ is outlined that is tailored to the protection of socio-economic interests by the ECtHR. It is argued that this perspective allows the ECtHR to develop a principled approach to (positive) socio-economic claims that is characterised by a clear demarcation of the scope of the Convention and a focus on minimum guarantees. In this way the core rights perspective may help the ECtHR in leaving the necessary room for national laws and policies while ensuring robust socio-economic protection. Show less
