A Semiotic Approach To A Legal Definition Of Terrorism

It is hard to believe that a word like terrorism, which is used so frequently these days in different contexts and in casual, colloquial, political, and legal discourses, does not have a universally-accepted definition.\u2

Copyright Infringement, Sex Trafficking, and Defamation in the Fictional Life of a Geisha

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, did Iwasaki\u27s lawsuit have any merit? To answer these questions, this article will proceed in accordance with structuralist and post-structuralist literary critical traditions by looking first at the text itself and then its context, subtext, and post-text in order to explain the plaintiffs pre-text for suing. The article will analyze the narrative structures and style of the text; the legal and historic context of the novel; the legal issues hidden in the subtext which include sex trafficking, feminist legal theory, and the role of cultural relativism as a justification for the geisha tradition; the post-text which are the merits, if any, of Iwasaki\u27s legal claims; and finally, the pre-text, or why the real geisha sued Arthur Golden and his publishers

Gendercide and the Cultural Context of Sex Trafficking in China

This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know that laws, if implemented, can change society. Therefore, we are recommending revision of the OCP and zealous enforcement of the Chinese and international civil rights treaties and trafficking laws that do provide protection for women and foster gender parity

Child Soldiers, Slavery and the Trafficking of Children

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers\u27 awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity\u27s most valuable investment in the future, and it is the obligation of the adult world to protect them effectively

The Failure of the International Laws of War and the Role of Art and Story-Telling as a Self-Help Remedy for Restorative Justice

This Article asks several questions that seem particularly relevant in view of the current state of war that our peace-loving society is engaged in today. What is the role of the laws and customs of war if the warriors don\u27t play by the rules? What is the role of art and music during and after the commission of atrocities? Can art prevent further atrocities, assuage victims of catastrophic events, inspire the collective conscience of perpetrators, and protect victims from the reality of pain caused by war and the violations of the international laws of armed combat? Can a book or a film that substantially recreates and authentically memorializes large scale violations of the law act in the interests of justice? Can art provide a form of self-help equitable remedy like a declaratory judgment that offers non-monetary compensation and restorative justice to the victim as well as moral education to society in an aim toward preventing further atrocities? This challenging issue is of critical importance today as the twenty-first century finds itself once again caught up in wars, genocides, and inhumanity. This Article discusses the following four issues: (1) the legitimacy of an interdisciplinary approach to the study of the laws and customs of war; (2) the failure of international humanitarian laws to deter the large scale perpetration of inhumane acts committed during World War II, as represented in the film and book, The Pianist; and (3) the role of retributive justice after World War II and the Nuremberg Trials, as compared to (4) the role of restorative justice that stories told in artistic representations of massive violations of the laws of war can provide. This Article argues that story-telling through art is a form of self-help remedy available to the victims of atrocities. Art that produces a historic and authentic record provides society at large with a form of moral education. Art, then, has the capacity to be a long-term preventive measure against the commission of genocide, war crimes, and human rights violations in the future

Copyright Infringement, Sex Trafficking, and Defamation in the Fictional Life of a Geisha

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, did Iwasaki\u27s lawsuit have any merit? To answer these questions, this article will proceed in accordance with structuralist and post-structuralist literary critical traditions by looking first at the text itself and then its context, subtext, and post-text in order to explain the plaintiffs pre-text for suing. The article will analyze the narrative structures and style of the text; the legal and historic context of the novel; the legal issues hidden in the subtext which include sex trafficking, feminist legal theory, and the role of cultural relativism as a justification for the geisha tradition; the post-text which are the merits, if any, of Iwasaki\u27s legal claims; and finally, the pre-text, or why the real geisha sued Arthur Golden and his publishers