Human knowledge would benefit greatly if images of all works of art in the public domain - i.e. those for which the creator's copyright has expired - were readily available on the web. Scholars pay a high price in reproduction fees to illustrate their articles, while institutions profit from the exposure their collections and archives are given in the pages of scholarly publications. Legal and commercial forces of regulation and licensing are attempting to extend their control over copyright at a time when digital technology makes the dissemination, downloading and reproducing of electronically generated and scanned images easier than it has ever been. Some collections of photographic images of works of art are charging high fees in situations where their right to claim ‘ownership’ is contentious. The author argues, with reference to the work of Robert Baron, that because digitization has made control of intellectual property a for-profit business, the net result could be an undermining of public domain. Subscription deals with non-profit institutions could be a fairer way forward, and ARTstor is cited as a positive example.

This article traces the varied history, ancient and often painful, of the city of Lemberg, or Lwów, or Lvov, or Lviv … All these names correspond to stages in history marked by identities which have left traces in the imaginary, the topography and the system of reference points. Today a new version of this situation - stamped with the sign of paradox - is characterized by the strange notion of a ‘border’ between East and West proposed by Huntington: that frontier is said to pass through the town itself. But it cannot be reduced to this status of border post because of glibly reductive theoretical statements. Enlargement of the European Union gives Lviv a new role speaking for Ukraine, manifesting its desire for Europe and neighbourly relationships with it.

This paper is organized around the theme of political representation in India. Its first section deals with the changing politics of representation in India in the past two decades, the growing demands for proportional representation, and for political inclusion of two influential groups: the scheduled castes and tribes and Other Backward Classes. In the second section, representation is briefly explored in relation to women and minorities. The third section deals with some reflections on the challenges of political representation in India's diverse democracy. The author aims to account for the varied trajectories of caste, community and gender in Indian politics through an analysis of the politics of representation. The main argument developed here is that the politics of presence does not offer a resolution to the problems of under-representation nor to the more fundamental issue of the representation of the interests of constituents, especially the needs of the most vulnerable.

Thomas More's Utopia is made up of two books. Book One, quickly skimmed over by those who dream of the future and are bored by history, tells us about Europe in 1515 at the dawn of a revolution in every field of knowledge dominated by a political power that uses religion, fear and ignorance to satisfy an insatiable appetite for hegemony, infinitely corrupt but in public promoting moral, family values. Book Two gives us a glimpse of a future on a human scale using new techniques, reason and good management of its resources to reconcile the common good with the pleasure of the individual. That book is the founding text for our modernity. It is the pagan bible adopted by the Enlightenment, which we have inscribed in the charter of our epoch's institutions. Five hundred years later the books are being rewritten in reverse: the great human dream set in train by Book Two in 1516 is bogged down in the reality of 2005. The new promises of free-choice economism in 2005 are just a nightmare journey back in time to the postulates of Book One.

When placed into longer historical perspective using an interdisciplinary approach that fuses historical anthropology, history and political science, as well as hitherto unutilized primary sources, it can be demonstrated that the newly independent Indian Union right from the start under Nehru used constitution and law as instruments of subjugation that, since the latter remained incomplete, have prepared the ground for a war without end in the Naga Hills of Northeast India. Moreover, its history since the 1820s shows that constitution- and law-making are in essence shaped by power politics only to be countered by force, leading in this constellation to an unending guerrilla war transforming ever larger circles of terrain into a low-level war-zone and firmly enthroning a culture of violence with all its concomitants.

1492. The American continent was drawing Europeans on. Some saw in it the chance of a utopia, others saw it as utopia already coming about, in its natural state. All at once two processes of domination were triggered: one supported by the force of arms, and the other by the power of ideas and beliefs. If the defenders of utopian thinking were able to create a lasting achievement, it is because they managed to make their ideas fit with the principles governing the social life of the indigenous peoples: thus a substantial part of what remains from the period of Don Vasco de Quiroga had preceded it. Cultures will not be able to transcend nationalisms and rise to the level of concerns shared by the whole of humanity until they can stand up for their own particular character against ‘globalizing’ trends.

Historically Turkey has been the ‘other’ for Europe. Turkish identity has taken shape via an ambivalent relationship with an idealized Europe. There was resentment due to the perception of exclusion, but also an intense desire to belong. As the project of official association with the European Union progressed, each of the partners had to ask questions about the meaning of culture and identity. At first there was a conviction that the prospect of entry would never turn into reality. The entrenched state elite in Turkey could therefore go through the steps with impunity. However, after the 1990s, new Turkish social groups, independent of the state elite, took the project more seriously, and embarked on serious democratization, as promised in various agreements with the EU. At the same time the Union experienced a similar reversal, with Brussels envisaging Turkey's accession as a real possibility. This new alignment of forces led to an intense debate on the topics of European identity and the frontiers of Europe. If the EU opts for a more constitutional and less cultural representation of the meaning of Europe - thereby implying that its borders could extend even further in the future - then Turkey's accession may well take place.

Freedom of communication is threatened by globalization. In rich countries ease of access is offset by ownership of the means of communication and corporate efficiency imperatives which are stifling human and intellectual diversity. Poorer countries have restricted or no access to knowledge and culture via electronic media. As technical progress offers better means to communicate ideas, the opportunities to do so are being restricted. The author uses a Question and Answer approach to debate how to exchange information in the ‘knowledge society’. He raises issues of access control, dissemination and making best use of the localized means of communication to which one does have access, with specific reference to ‘Interlignes’ and its proposed charter.

The internet has revolutionized religious growth and dissemination. It is multifunctional in this respect, and multi-disciplinarity is required in order to comprehend and benefit from its technological advances. It is still hard to discern whether the internet is predominantly utopian or dystopian in its effects, and a helpful conceptual distinction is that between ‘religion online’ and ‘online religion’; also ‘offline’ religion - the impact internet religion has on more conventional forms of practice and expression. As a new interface for mediating religious belief, ritual and ethical practice, and for constituting community and selfhood, the internet subverts and recasts not only these categories, but others such as ‘world religion’ and ‘minority religious group’. You don't have to be a large operation now to have a global reach - a democratization of religion is in progress.

The aim of the paper is to analyse works by Gumilev and Huntington from the point of view of their approaches and terminologies. Both of them have attempted to give an overall explanation of new phenomena in world history. Though the terminology differs, their arguments are relatively similar. They propose a synthetic approach that looks at the whole of society and puts them among historians specializing in issues of civilization, a theory whose validity, together with the status they are given, is still very controversial at the present time. Analogies and differences are discernible first through their taxonomic system. Both authors also try to answer the question as to the eastern border of western civilization.

This paper addresses questions of women's autonomy in India and analyses its location within the legal discourse. The women's movement has primarily tried to analyse questions of women's autonomy through exploring women's position in law. Among other indicators, women's position in society is often analysed through marriage, divorce and property acts. This paper analyses the evolution of these acts and critiques whether they have led to women's autonomy or merely subsumed questions of autonomy resulting in further marginalization of women in the polity. The paper begins with the assumption that locations matter and that laws affect different women differently, particularly in the context of India where civil law is constantly pitted against personal and customary law. To understand the situation of women in India, therefore, an understanding of the evolution of laws seems necessary, because laws are considered to be primary markers of autonomy.

Several aspects of the personality, thought and work of Don Vasco de Quiroga are known today, but a deeper awareness of his legal thinking would enable us to understand better the motives for his actions in New Spain and the Michoacán region. In order to do this we need to place him in the conceptual, institutional and legal context in which he was educated and where he developed throughout his life. Well versed in the different legal systems in use at the time, he absorbed Roman laws, which he respected as the work of esteemed scholars, while at the same time basing his evangelical mission in Mexico on the canons of the Church. And the legal system that was to govern the villages he created according to a new model would be based on custom coming from the grassroots.

This text lays out the purpose of the current issue on shifting borders and identities. It places this question in the context of the formation of macro-regional blocs and the end of bipolarization. It moves towards showing the repercussions of this context for the functioning of border zones and the identities they have fashioned over the long period of modern history. The article aims to reveal the emergence of the dogmatism of the religion of capital beneath the new faces of a multifaceted anthropological culturalism. As a result of an unprecedented media exposure on a worldwide scale, this seems to be turning into the new model for understanding the great world events, which are being taken over by a number of political actors without any real discernment. One of the chief features of our collection of articles is that they highlight the fact that the contributing authors, while belonging to different schools of thought, have all tried to stand apart from them or at least show they have limits. To conclude, in taking its inspiration from the work of Jacques Derrida, this article would like to provide some keys to reading and understanding.

The language of the ethnographer gets ‘stretched’ in an effort to wrap it around the world created by another language. Academic jargon can only disguise this linguistic disorder; hypertext can serve as a kind of therapy, an escape from assertive, monological statements about the other - ‘hard’ hypertextuality, that is. The author explores hypertextuality through the multiplicity of narrative programs that transect an electronic book with five co-authors, through which the reader can navigate as yet another co-author, or bricoleur. The topology of the cadavre exquis offers the image of a foreign culture with which we can establish multiple points of contact.

This paper deals with the nature and direction of constitutional thinking and practice in Pakistan. It is argued that the country reflects a general malaise of postcolonial societies characterized by tension between the locus of power in the politico-administrative machinery and the source of legitimacy in the constitution. In the post-independence period, the State increasingly absorbed pressures from the newly enfranchised public, which sought to reshape politics in pursuit of nationalist goals. The institutional-constitutional framework of the post-colonial state was ill-equipped to accommodate much less to sponsor and pursue these goals in earnest. This led to a general accusation of institutional decay, leading to a crisis of democracy. The inherent institutional imbalance between bureaucracy and politicians in Pakistan made a mockery of such constitutional provisions as parliamentary sovereignty, procedural and substantive aspects of the legislative process at the federal and provincial levels and the principle of the government's accountability to its public representatives.

The particular field of urban design is profoundly influenced by ideas about the ideal city, which have very deep roots in utopian discourse and thought. In tracing the relationship between urban planning and utopia from its origins to the present day, the author attempts to put his finger on what town planners, in trying to organize and control space, have made of utopia. The relationship between utopia and urban design is approached here from the starting-point of two questions. (a) How does the city impart its morphology to utopian discourse? (b) Can urban design be the science of the ideal city?

The Guise Cooperative, a project out carried in northern Paris by Jean-Baptiste André Godin (1817-88), who was inspired by the utopian ideas of Charles Fourier (1772-1837), put into practice a model that: (a) was politico-democratic in its self-management by the workers in a foundry; (b) was socio-economic in combining for the first time international competition and social benefits; (c) anticipated ecological arguments in developing industrialization processes; (d) embodied religious tolerance; (e) outlived the genuine socialism inspired by Marx. Godin's ‘Palais Social’ in Guise, still lived in today by around 300 descendants of the workers, was proclaimed a Human Heritage monument and handed over to the European Union in 1991.

This paper unravels the diverse strands in the manifestations of the Prevention of Terrorism Act (POTA, 2002), focusing not only on law's words, i.e. the rules, principles and procedures, and its interpretations in judgments, but also on its effects. Adopting the violence of jurisprudence approach, it eschews the dichotomy between law and violence, examining the ‘effects of legal force’, in particular, the ways in which law becomes an integral part of the organization of state violence. Through an examination of the unfolding of POTA and laws dealing with ‘organized crime’ and ‘unlawful activities’ (Unlawful Activities Prevention Act, 1967, 2005), the trajectory of specific cases and judgments by Trial Courts, the High Courts and the Supreme Court, this paper shows how through an interlocking of the ordinary and extraordinary, anti-terror laws erode both the procedural and substantive aspects of the rule of law, become the terrain where permutations in alliance politics and configuration of power are played out, and assume an antagonistic notion of politics which seeks resolution through the elimination and externalization of difference. Extraordinary laws, it argues, are manifestations of a politics of negation. Processes that prolong the lives of such laws, and procedural interlocking and intermeshing that seek to give them permanence, are symptomatic of a deepening of the politics of negation.

The reality of the internet raises questions about our experience of the world. In the name of positivist science the colonial enterprise constructed a whole hierarchy of civilizations, putting Africa at the bottom of the scale - an issue of power. African society's relationship to the internet should be viewed within the general context of the encounter between Africa and techno-scientific rationality. The internet raises large questions about African received experience and lived experience, and the African conception of time. The internet's instantaneous time challenges the cyclical and linear nature of time in African cultures. Also, the its virtual space has little meaning in the African context of the generally two-dimensional - the visible and invisible.