Film

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= "Emerging Markets and the Digitization of the Film Industry An analysis of the 2012 UIS International Survey of Feature Film Statistics" (August 2013) =
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"White examines the hold of analogical reasoning on the legal imagination by assessing the way courts responded to innovations in the social world. The two examples that are the subject of this essay are the treatment of radio and motion pictures in the early part of the twentieth century. He looks at how law responded to these innovations and, in particular, how courts responded to challenges to efforts to impose a regulatory regime on them. The drive to regulate emerged from a particular awareness of the media’s mass quality and the immediacy of the effects they created; in addition, it was fueled by the Progressive Era’s tendency to approve regulation by experts as a way of addressing social concerns. Yet these regulations, at least from the perspective of today, raise serious First Amendment issues. White examines cases challenging regulation to show that analogical reasoning was used to construct a legal history in such a way as to justify regulation in spite of the First Amendment. In the case of film, courts constructed such a history by categorizing it as a form of property. Like property, film might be used to do “evil.” Courts then conjured the history of the “police powers” by which states could invoke their powers to protect the morals of the public. In addition, they brought the regulation of film within the history of administrative law and, as a result, focused only on the nature of the legislative delegation involved. Having established framework of analogies, courts then were able to bring to bear the relevant precedents. In their treatment of those cases they tended to anticipate the position of Marshall in “Payne”, insisting on the value of consistency and continuity of law’s doctrinal structure."

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"Some 20 years after Lumière’s film, a Harvard psychologist named Hugo Munsterberg challenged researchers to figure out the depth of, and reason for, cinema’s influence: “For the first time the psychologist can observe the starting of an entirely new esthetic development, a new form of true beauty in the turmoil of a technical age, created by its very technique and yet more than any other art destined to overcome outer nature by the free and joyful play of the mind,” Munsterberg wrote in The Photoplay: A Psychological Study, considered by many to be the first important behavioral look at film. But though the research gauntlet had been thrown down, what followed is what one would expect when looking for artistry in a Pauly Shore flick: nothing. Or, at least, very little, says Stuart Fischoff, founder of the Journal of Media Psychology, who in 2003 retired from the psychology department at California State University, Los Angeles. Between 1916, when Munsterberg wrote The Photoplay, and the 1950s, perhaps the most influential psychological research on cinema was L.L. Thurnstone’s 1928 Payne Fund report — a study whose purpose was to indict, not investigate, the role of film on behavior, Fischoff says. In fact, for much of the 20th century, the psychological study of film was considered “lightweight stuff,” says Dolf Zillmann, University of Alabama, one of the field’s pioneers. Film study was approached with a Freudian mindset, and few empirical studies took place. But in the past decade or so, such research has experienced a resurgence — the rare sequel that outperforms the original. “There’s really a new psychology of film in the making,” says Zillmann. Film study from a psychological perspective now takes place in campuses around the country, combining interdisciplinary approaches from several areas, with an increasing focus on the neuroscience of viewer response."

- Film

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