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RHETOR 20 > Midterm #1 > Flashcards

Midterm #1 Flashcards

(79 cards)

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1
Q

An Act to criminalize fraudulent marks

A

THE MERCHANDISE MARKS ACT, 1862

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2
Q

The Fetishism of Commodities and the Secret thereof

A

Marx

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3
Q

An Act to establish Trade Marks system

A

THE TRADE MARKS REGISTRATION ACT, 1875.

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4
Q

Principles of the Civil Code

A

Bentham

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5
Q

Course in General Linguistics

A

de Saussure

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6
Q

Personalization or the Smallest Marginal Difference

A

Baudrillard

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7
Q

The Culture Industry: Enlightenment as Mass Deception, or, Critical Theory

A

Adorno & Horkheimer

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8
Q

The Work of Art in the Age of its Technological Reproducibility

A

Benjamin

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9
Q

Brief Amici Curiae of the Warhol Foundation for the Visual Arts, Inc., in Patrick Cariou
v. Richard Prince (2013)

A

Warhol Foundation for the Visual Arts

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10
Q

How to Read Donald Duck

A

Dorfman & Mattelart

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11
Q

Marx

A

Philosophers should change the world, originated from German philosophy, French socialism, and British economics.

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12
Q

Use

A

Fair use, Misuse, Reuse, Abuse, Disuse

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13
Q

Marxism

A

A method of socioeconomic analysis which analyses class relations & conflict with a historical materialist lens

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14
Q

Communism

A

An aim for a society with common ownership of the means of production and social surplus distributed across the working class.

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15
Q

Socialism

A

A mode of production & specific historical phase that follows & negates the capitalist mode of production. Wherein production is determined by use-value, coordination by conscious economic planning, and distribution of output according to contribution.

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16
Q

Use-value

A

value of the thing in use

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17
Q

Exchange-value

A

value of the commodity when it is produced for exchange, or price in marketplace

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18
Q

Commodity Fetish

A

exchange value is misunderstood as if it were the material nature of the thing, thus concealing “real” social relations

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19
Q

Commodity

A

under capitalism, a product of labor produced for the very purpose of exchange

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20
Q

Class

A

Proletariat, Bourgeoisie, Aristocracy

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21
Q

Proletariat

A

working class

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22
Q

Bourgeoisie

A

owns the means of production

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23
Q

Aristocracy

A

titles & privileges

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24
Q

How does class background work?

A

it is socially reproduced

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25
Result of Commodity Fetish?
Alienation of the working class
26
What did the 1862 Merchandise Marks Act do?
criminalizes fradulent marks, encompasses anyone, defines marks as everything and trademarks as any mark used to denote ownership
27
What did the 1862 Merchandise Marks Act make illegal?
1. forge trademarks 2. apply trademarks to deceive 3. alter trademarks
28
What did the 1875 Trademarks Act do?
establish a registration of a legitimate trademark system with an office
29
What did the 1875 Trademarks Act require in a trademark?
a name, written signature, distinctive thing, OR special words
30
Marx's 5 modes of production
Primitive Community to Slave State to Feudal State to Capitalist System to Socialist Society to COMMUNISM
31
What did Marx call Bentham?
A genius of bourgeois stupidity
32
Postmodernism
appropriation of time, adaptations, pastiche, historicism, quotation
33
What did Bentham critique Locke's theory of "natural rights" in comparison to?
Legal Rights
34
What concept of property did Bentham develop?
Utilitarianism, in which we need property to get pleasure and avoid pain
35
What is Intellectual property?
what the creator of an original idea has exclusive ownership over
36
What are the types of intellectual property?
Patent, Trademark, Copyright
37
What are the moral justifications of intellectual property?
Hegelian, Lockean, Utilitarian
38
What is the Hegelian justification of intellectual property?
(personality based) we as individuals are self-owners over our experiences, and to accomplish external self-actualization we need ownership over physical objects
39
What is the Lockean justification of intellectual property?
we as individuals are entitled to control the fruits of our own labor, which ARE our objects
40
What is the Utilitarian justification of intellectual property?
Bentham's theory; control motivates invention, thus systems of protection yield optimal inventions and corresponding social utility
41
Semiotics
the study of language as a system of signs
42
What is a sign?
anything that refers to something other than itself
43
Who did De Saussure think similarly to?
Pierce
44
What are the two parts of a sign?
signifier and signified
45
What is a signifier?
the sound/visual appearance of a word
46
What is a signified?
the concept of a word
47
What is arbitrariness of a sign?
there is no fixed universal concept and no natural connections. the law of tradition governs a sign's relations.
48
What is the immutability of a sign?
individuals have no power to change a sign in any way once it's established in the community, at a given moment
49
What is the mutability of a sign?
however, signs naturally change through the force of time
50
What is the importance of the linear nature of the signifier?
the signifier only knows tradition. speech is a chain of signs, in infinite semiosis.
51
What is synchronic analysis?
things occurring at the same time
52
What is diachronic analysis?
things occurring though time
53
What is the importance of synchronic and diachronic analysis to signs?
language is synchronically immutable but diachronically mutable
54
What is structuralism?
the Marx + Freud + de Saussure developed philosophy that universal truths exist at the level of structure, but are camouflaged at observable facts unless one knows how to decode those facts
55
What is Marxist structuralism?
the understanding that capitalism is as structural as language
56
What is the semiotic analysis of trademark law?
trademarks become the central form of communication for trademark owners to maintain their distinctiveness and meaning in the marketplace
57
Under semiotic analysis of TL, what is the sign, signifier, & signified?
sign = product, signifier = trademark, signified = company's goodwill & reputation, differentiating it from other companies
58
Under semiotic analysis of TL, what is the trademark?
trademark = signifier of source product
59
Under semiotic analysis of TL what is the product function?
product function = signified of source product = goodwill or reputation of the company
60
What is when a trademarked word for a good comes to signify a whole class of goods generically, thus the TM is cancelled and no one can own it?
genericide
61
What is the guide to policing and governing specific/generic TM called?
spectrum of distinctiveness
62
What is a floating signifier?
coined by Baudrillard, the sig only referencing itself
63
Who created critical theory?
the Frankfurt School (Horkheimer & Adorno)
64
What is critical theory?
the conscious opposition of the social present's construction
65
What 5 modes of production did Marx miss?
National Socialism, Fascism, and Totalitarianism
66
What is national socialism?
nationalist, purist (racist), paramilitary, anti-big-business, anti-capitalism, anti-bourgeois
67
What is fascism?
radical authoritarian nationalism, dictator/authoritarian military leader, military mobilization of the citizenry, violence, war & imperialism for national rejuvenation
68
What is totalitarianism?
total state system
69
What is the base & superstructure?
base: means of production & relations of production superstructure: art, culture, family, ideology, media, philosophy, religion, law, politics, education, science, etc.
70
What did Adorno and Horkheimer believe about the base & superstructure?
the superstructure always follows the base, "social existence determines their consciousness". however, art must find autonomy from the base
71
What is the "culture industry"?
the bitter oxymmoron of totalitarian control over culture, where consumers are manipulated rather than having to think critically.
72
How do Adorno and Horkheimer propose a solution to the culture industry?
art autonomy, wherein art is enables self-realisation and the ability to non-conform. art should be the serial antithesis of society
73
What did Benjamin believe about the base & superstructure?
that superstructure may be able to change the base
74
How does Benjamin propose a solution to the culture industry?
kunstpolitik, wherein art is politicized. formulating revolutionary demands in the politics of art, specifically within art's technological future.
75
What is aura?
an artwork's unique existence in particular, historical place & physical structure & ownership
76
How does Benjamin believe technology can transform art?
optimism that technology may wither aura through emancipatory potential
77
What art does the Socialist bloc present?
art that serves the people, and thus reflects reality, socialist realism
78
What art does the Capitalist bloc present?
art for art's sake, and thus expresses the individual, autonomous art
79
What is Pop Art?
art about systems and signs

RHETOR 20 (3 decks)

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