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Celebrated Publishers Propagate ‘Information Feudalism’

Title: Celebrated Publishers Propagate ‘Information Feudalism’Cover Page
Author: Tania Sebastian
Affiliation: Gujarat National Law University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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As we step into yet another year, we might well be on our way towards a prediction made in the lines of information being controlled and monitored by few, coming true. This theory in the form of the prediction, when extended to the infamous lawsuit by the celebrated publishers of OUP, CUP and Taylor & Francis’s challenge to the alleged crime of a photocopier at Delhi University for unauthorized reproduction and issuance of copies of their academic publications, can yield to an unhealthy trend of few intellectual property hyper-enthusiasts advocates standing in the way of the larger picture of education dissemination to the masses. This article analyses the shortcoming of the arguments of the publishers while emphasizing on the characteristics of feudalism in such situations.

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A Study of Transitional Development in Delay in Delivery of Justice, Which Results into Declining Faith in Judiciary: Reasons and Future

Title: A Study of Transitional Development in Delay in Delivery of Justice, Which Results into Declining Faith in Judiciary: Reasons and FutureCover Page
Author: Abhishek Kumar and Vikram Singh
Affiliation: Symbiosis Law School
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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Bihar is a state attempting to deal with the hurdles of establishing the framework and processes of democratic rule. That is a gargantuan and daunting undertaking in underdeveloped struggling state of India. The focal point of this research is “access to justice for the poor people of Bihar”. And when we say “access to justice” we mean access to both the social system of justice and the state’s justice system. The study examines the ground reality of poor people who are in need of proper solutions to their problems which has to be dealt by the institutes outside their immediate family. “Access to justice” does not merely means access to the institutions, but it also means access to fair laws, procedures, affordable, implementable and appropriate remedies in terms of values that are in conformity to constitutional values and directives. Other issues affecting access are social phenomenon, lack of education and legal knowledge of people of Bihar. Through few case studies, it can be concluded that poverty and food insecurity creates an environment for social conflict and crime. Unequal distribution of land, therefore becomes a major topic for competition and social tension, which in turn has a great impact on the social framework within the rural villages and settlements as well as on the managing ability of the formal justice system. This study also reveals the possibility of the food insecurity which is putting strain on the gender and family affairs, thus making the general conditions of the society even more vulnerable. It is therefore seen that there is an ardent need for the justice to change ground realities of people otherwise they will create an extra-state institutions and remedies for their immediate needs which can result into the “gunda raj” in Bihar. The results of this study are aimed at assisting the Law Commission. We hope that the rich information gathered in this research piece and recommendations will also be of satisfactory relevance in deciding how social and state institutions could work in harmony in bringing justice to the society which is struggling for meeting its own urgent needs, causes and reasons.

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The American-Korean Friendship and Information Center and North Korean Public Diplomacy, 1971-1976

Title: The American-Korean Friendship and Information Center and North Korean Public Diplomacy, 1971-1976Cover Page
Author: Brandon K. Gauthier
Affiliation: Fordham University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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While scholars of the “new diplomatic history” have extensively analyzed the role of culture and ideology in the history of American foreign relations, the historiography of diplomatic relations between the United States and the Democratic People’s Republic of Korea (DPRK) reflects a complete lack of understanding of the cultural, intellectual, and political narratives that have long shaped how Americans imagine North Korea in a domestic and global context. Specifically, historians have yet to consider how American attitudes about North Korea were increasingly informed by a transnational flow of ideas in the 1970s. With this understanding, this paper details the history of the American-Korean Friendship and Information Center (AKFIC) in New York City, a North Korean funded “anti-imperialist peace organization,” that sought to generate public support for the DPRK and force the withdrawal of American troops from the Korean peninsula. Utilizing interviews with former members of the group and its journal: Korea Focus, this paper makes two arguments: first, the DPRK used its close relationship with the AKFIC—alongside other “friendship societies” across the world—to harness the power of globalization for its own ends in the 1970s; second, members of the AKFIC sought to manipulate public anger over the Vietnam War and promote North Korean demands that US forces should withdraw from the Republic of Korea (ROK).

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Only Words on Paper? Freedom of Speech & Expression in South Korea

Title: Only Words on Paper? Freedom of Speech & Expression in South Korea Cover Page
Author: Geoffrey Fattig
Affiliation: University of California
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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Article 21 of the constitution of the Republic of Korea guarantees all citizens the rights to freedom of speech and expression. However, these rights have been under increasing threat in recent years due to a number of factors, including direct government interference in media operations, criminal defamation statutes, national security concerns, and regulation of internet content. During this time, the country has come under criticism in these areas from a range of international organizations and the United Nations Special Rapporteur for Human Rights. This paper will provide an overview of the media climate in South Korea along with the attempts made by various administrations to stifle dissenting viewpoints. It will utilize historical narrative to differentiate factors which are common to both sides of the political spectrum from those which are largely defined by political affiliation. This approach will allow for a broader understanding of the issues undermining freedom of expression in the country, placing them in proper historical and cultural context.The main findings of the paper are that both liberal and conservative governments have been guilty of heavy-handed measures to restrict public discussion, but that the recurrence of national security as a salient political issue has had particularly disturbing implications for both freedom of expression and Korean democracy. It concludes by examining some possible causes underpinning these issues, and offering a summary and analysis of the proposals made by the UN Special Rapporteur to improve the climate for free speech in the country.

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The Chinese Government’s Policy Toward North Korean Defectors

Title: The Chinese Government’s Policy Toward North Korean DefectorsFALL2013 COVER OUT IMAGE
Author: Eunbee Chung
Affiliation: Yonsei University
Issue: Changes & Transitions – Volume 5 Issue 2
Publisher: Yonsei University Press
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The Chinese government’s repatriation policy for North Korean defectors has been a topic of controversy. Due to deteriorating living conditions in North Korea, many flee North Korea to find food or work. Many of them go to China, and yet they are greeted by hostility. While humanitarian activists and organizations urge the government to issue refugee status, Beijing identifies them as illegal economic migrants and forcibly returns them to North Korea where severe punishments await. The current essay assumes that Beijing’s repatriation of North Koreans is a breach to international refugee law, and explores political, economic, and social reasons contributing to the decision.

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The Way of Bureaucracy: A Critical Examination of Classic Comparative Bureaucracy Literature

Title: The Way of Bureaucracy:  A Critical Examination of Classic Comparative Bureaucracy LiteratureFALL2013 COVER OUT IMAGE
Author: Joel R. Campbell
Affiliation: Troy University
Issue: Changes & Transitions – Volume 5 Issue 2
Publisher: Yonsei University Press
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Introduction

Large bureaucratic organizations have become a key fact of life in modern polities. As bureaucracy has become an important concern in national politics, it has grown as a focus of comparative political analysis. Previous studies dealt with basics of bureaucratic organization in developed and developing countries, beginning with the theoretical insights of Max Weber, Robert Michels, and other early social theorists in the early twentieth century. Weber set the standard for viewing bureaucracy in terms of rational decision-making, hierarchical organization, and standard operating procedures. Over the past half century, a large body of writings has attempted to construct basic theories of bureaucracy. As a result, there is now an improved understanding of bureaucracy as a significant component of both politics practiced in the advanced industrial countries (AICs), especially Western European countries, and the process of political and economic development elsewhere. This paper looks at four critical classic works in the comparative analysis of bureaucracy in terms of their key contributions to early postwar political theory.

This article examines main ideas of this important classic comparative bureaucracy analysis literature. The authors’ arguments parallel one another and together suggest the main elements of mainstream thinking about bureaucratic organization in the late twentieth century. Downs sets forth a series of “non-obvious” hypotheses that provide heuristic tools for study of bureaucratic organizations. Auerbach, et al. considers the “generic behavior patterns” of bureaucrats across Western countries. Crozier focuses on the nature of bureaucratic organizations in France, and examines the general applicability of French experience to other countries. Harrison assesses the usefulness of a corporatist model, whereby a state sets up exclusive organizations to represent certain segments of society, such as business, labor, or farmers; this aids understanding how bureaucratic units of the twentieth century reacted to emerging social problems. The article also suggests that the changing nature of political and economic challenges in Western countries is altering the very nature of bureaucratic action and politics.

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