The notion of emergence has received much renewed attention recently. Most of the authors I review (§ II), including most notably Robert Batterman (2002, 2003, 2004) share the common aim of providing accounts for emergence which offer fresh insights from highly articulated and nuanced views reflecting recent developments in applied physics. Moreover, the authors present such accounts to reveal what they consider as misrepresentative and oversimplified abstractions often depicted in standard philosophical accounts. With primary focus on Batterman, however, I show (...) (in § III), that despite (or perhaps because of) such novel and compelling insights; underlying thematic tensions and ambiguities persist nevertheless, due to subtle reifications made of particular (albeit central) mathematical methods employed in asymptotic analysis. I offer a potential candidate (in § IV), for regularization advanced by the theoretical physicist David Finkelstein (1996, 2002, 2004). The richly characterized multilinear algebraic theories employed by Finkelstein would, for instance, serve the two-fold purpose of clearing up much of the inevitably “epistemological emergence” accompanying divergent limiting cases treated in the standard approaches, while at the same time characterize in relatively greater detail the “ontological emergence” of particular quantum phenomena under study. Among other things, this suggests that the some of the structures suggested by Batterman as essentially involving the superseded theory are better understood as regular algebraic contraction (Finkelstein). Because of the regularization latent in such powerful multilinear algebraic methods, among other things this calls into question Batterman’s claims that explanation and reduction should be kept separate, in instances involving singular limits. (§ V). (shrink)

Mr.Mitford has kindly provided me with a photograph and impression of a Cyprian text of uncertain provenance, which he assigns to the fifth or fourth century B.C. An account of the text has been published by Mr. Mitford in Minos, VI. i , 37–47. I print below my interpretation, which differs in some respects from his. The characters on the stone are for the most part clearly legible, and even where there is damage to the surface of the stone restoration (...) is practically certain. (shrink)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

This article critically examines the origins and evolution of China’s unique land institutions and situates land policy in the larger context of China’s reforms and pursuit of economic growth. It argues that the Chinese Communist Party has strengthened the institutions that permit land expropriation—namely, urban/rural dualism, decentralized land ownership, and hierarchical land management—in order to use land as a key instrument of macroeconomic regulation, helping the CCP respond to domestic and international economic trends and (...) manage expansion and contraction. Key episodes of macroeconomic policymaking are analyzed, with the use of local and central documents, to show how the CCP relied on the manipulation and distribution of the national land supply either to stimulate economic growth or to rein in an overheating economy. China’s land institutions, therefore, share “complementarities” with fiscal and financial institutions and benefit powerful political actors while imposing costs on marginal ones. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

As populations grow and arable land becomes increasingly scarce, large-scale long- term land leases are signed at a growing rate. Countries and investors with large amounts of financial resources and a strong agricultural industry seek long-term land leases for agricultural exploitation or investment purposes. Leaders of financially poorer countries often advertise such deals as a fast way to attract foreign capital. Much has been said about the short-term social costs these types of leases involve, however, less has (...) been said about the normative dimension of their long-term environmental impact. We therefore will focus on the likely impact such deals have for soil conservation, by (1) briefly introducing the basics of long-term leasing arrangements by comparing land leases to the renting of buildings, (2) explaining from a soil sciences perspective the difficulties in assessing the current value of an estate and in calculating the damages of soil erosion and degradation, and (3) show how difficult it is to incentivize the conservation of soil quality when one cannot sufficiently and cost-effectively valorize existing environmental capital and eventual future damages. Attempting to oblige tenants through contracts to invest in sustainable stewardship has limited potential when liability payments do not reflect true costs and are hard to enforce. (shrink)

This article applies Karl Polanyi’s concept of a double movement to the trajectory of rural state policies in China since 1949. It argues that Chinese socialism created a contradictory social contract that has fueled an ongoing struggle between state and peasantry over the surplus generated from rural land. This struggle has shaped a historical oscillation between state policies that facilitate extraction of agricultural surpluses and policies that introduce social protections in the form of household farming and revitalized collective ownership. (...) Based on secondary sources, this article compares the arc of rural policies during the Mao era and in the transition to and during the current state capitalist period. Then, based on original interview-based and ethnographic fieldwork undertaken in rural Sichuan Province, it analyzes the current introduction of urban and agrarian capital into the rural economy, revealing dynamics of a current countermovement from state-led extraction to compromise. (shrink)

Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. (...) class='Hi'>Land owners, all unknowingly, distribute such services contractually as they rent or sell sites. Rent or price is the market value of such services, net after disservices, as they affect each site. By distributing occupancies to those who can pay the highest price, land owners’ interests align with those of society. Without this, tenure would be precarious—by force or favor of politicians. The 18th-century separation of land from state, so little studied by historians, permitted the development of modern property in land. This change is perhaps “the greatest single step in the evolution of Society the world has ever seen.” When land owners realize that they market community services, they will organize to produce and administer them as well, and society will be made whole. (shrink)

We examine changing production relations in the Mexican tequila industry to explore the ways in which large industrial firms are using “reverse leasing arrangements,” a form of contract farming, to extend their control over small agave farmers. Under these arrangements, smallholders rent their parcels to contracting companies who bring in capital, machinery, labor, and other agricultural inputs. Smallholders do not have access to their land, nor do they make any of the management decisions. We analyze the factors that have (...) led some producers to participate in reverse leasing arrangements, while allowing other producers to continue farming independently. In addition, we look at the ways in which farmers are responding to these new production relations and constraints and the strategies that they are using to regain control over the production process. (shrink)

The Al-Marsad (observatory) contract holds significant importance as a means for developing and investing in urban Waqf (endowment) lands. It serves as an exception when the endowment lacks the resources to independently develop the land. Under this right, private capital can be utilized, with the proceeds from construction benefiting the Waqf. The observatory owner can recover their construction expenses along with profits. Importantly, the investment value remains a debt secured by the Waqf. Unlike direct ownership, the observatory right is (...) not a real property right stemming from Waqf ownership. Instead, it is a unique personal right that allows the owner to exploit the building, transfer it to others, and pass it on to heirs within the bounds of creditor rights. Although it intersects with provisions related to newly established exploitation contracts, its distinct nature makes it an effective method for developing and investing in Waqf properties, necessitating legislative regulation. (shrink)

Marvin is a contract hog farmer in Iowa. He owns his land, his barn, his tractor, and his animal crates. He has seen profits drop steadily for the last twenty years and feels trapped. Josh is a dairy farmer on a cooperative in Massachusetts. He doesn’t own his cows, his land, his seed, or even all of his equipment. Josh has a healthy income and feels like he’s made it. In The Food Sharing Revolution, Michael Carolan tells the (...) stories of traditional producers like Marvin, who are being squeezed by big agribusiness, and entrepreneurs like Josh, who are bucking the corporate food system. The difference is Josh has eschewed the burdens of individual ownership and is tapping into the sharing economy. Josh and many others are sharing tractors, seeds, kitchen space, their homes, and their cultures. They are business owners like Dorothy, who opened her bakery with the help of a no-interest, crowd-sourced loan. They are chefs like Camilla, who introduces diners to her native Colombian cuisine through peer-to-peer meal sharing. Their success is not only good for aspiring producers, but for everyone who wants an alternative to monocrops and processed foods. The key to successful sharing, Carolan shows, is actually sharing. He warns that food, just like taxis or hotels, can be co-opted by moneyed interests. But when collaboration is genuine, the sharing economy can offer both producers and eaters freedom, even sovereignty. The result is a healthier, more sustainable, and more ethical way to eat. (shrink)

Wage inequality and land and labor insecurity are critical barriers to sustainable palm oil production among those employed in Indonesia’s small-farm sector. Palm oil contract farming, a pre-harvest agreement between palm oil farmers and transnational processors and traders, facilitates smallholder participation in global agro-commodities markets, improves smallholder livelihoods, and promotes local economic development in rural communities. But negative externalities in contract farming can emerge depending on whether corporate guarantors of contract-farm assets manage farmer assets equitably. This study explores how (...) contract farming agreements between smallholder farmers of palm oil and futures traders of palm stocks impact the long-term economic development of smallholder palm oil farming in Indonesia. We examined the relative impact of transnational palm oil corporations on smallholder assets in the Indonesian palm oil industry using annual financial data (2003–2019) from Indonesian commodities trading firms. Temporal trends indicated that oligopolistic market conditions were strongly associated with a growing comparative advantage in palm oil, the asymmetric accumulation of land resources by transnational firms, and excessive firm revenues from palm farmer activities. Our regression modelling results suggested that the comparative advantage in Indonesian palm oil was driven by state-oriented policies such that benefit palm traders but disadvantage smallholder farmers. And, through non-metric multidimensional scaling, we demonstrated that smallholder farmers were inefficiently used by firms to produce palm oil, but that smallholder assets were a significant driver to firm revenue growth. Notwithstanding the adverse consequences on palm farmers, these results indicate a set of unique effects of palm oil contract farming on land and labor security in Southeast Asia. The paper reasons that a system of inequitable contract farming is operating in the Indonesian palm oil industry, whereby smallholder palm oil farmers are trapped by transnational firms into socio-economic farming schemes of low oil yield and non-market activity, thus providing palm firms with lucrative non-market revenue streams. Large transnational trading firms are thereby implicated in the long-run commodification of smallholder land for marginal fruit production while exploiting a farmer’s non-market advantages through the manipulation of farmer assets. (shrink)

Place mouse over image continent. 2.1 (2012): 36–39. From an ethical and political perspective, people and property can hardly be separated. Indeed, the modern political subject – that is, the individual, the person, the self, the autonomous actor, the rational self-interest maximizer, etc. – has taken shape in and through the elaboration, institutionalization, and enactment of that which rightfully belongs to it. This thread can be traced back perhaps most directly to Locke’s notion that the origin of the political state (...) occurs when people rise above the state of nature by ceding the power to prosecute offenses. The rule of law begins then with a defense of the right to property. People become subjects by adhering to the social contract, which they do by deferring the defense of their own property to the state. In this light, the response of the United States federal government to the financial crisis of 2008 appears to many as a breach of the social contract. The chant “banks got bailed out, we got sold out” states the claim plainly. Why exactly did some subjects (e.g., the banks) have their property defended by the state (i.e., through the variety of programs including TARP, the discount window at the US Federal Reserve, etc.), when other subjects (e.g., homeowners) found themselves without protection of their property rights, forced to default on mortgage debts and face dispossession? Even if the rhetoric about “too big to fail” can be believed, and the collapse of the financial system would lead to negative consequences for people who had little or no connection to the activities that brought it about, such consequences need not call into question the notion that everyone stands equally before the law. To occupy, then, appears as a form of civil disobedience, an intentional, retaliatory breach of the social contract by those who feel that they have lost the support of the state to which they ceded their power as sovereign agents. The visible and the invisible The violation of property rights of people who have recognition, protection and power under the law destabilizes their very status as citizens and tests the limit of democracy. Does the financial system force the dematerialized victimization of individuals? Do people become numbers, or worse still, percentages of unemployed, tranches of defaulted mortgages and foreclosures? Are they perhaps instead disenfranchised prospectively from the privileged position occupied by virtual entities and actors such as those involved in the derivatives markets, always already exiled back into the physical, visible realm? The line of conflict appears to be drawn between invisibility/absence/deferral and visibility/presence/realization. The demonstrators occupy an excess property of those subjects, namely, the banks and financial elite, who did receive recognition and protection under the law. By domesticating this excess property, rendering its invisibility visible within the political economy, the protesters raise a new form of threat to the hegemonic order. To occupy, then, involves a rejection of the order under which the “99%” have been subjected to erasure. The occupation seeks creatively to establish a new means of communication and law for its subjects. In the face of an existing power structure that is increasingly disenfranchising the majority of people while consolidating nodes of power and influence, the “occupation”, or the work of the Occupy movement, involves seizing a space that refuses the rules of the existing, allegedly corrupt sovereign state. This refusal of governance extends even to include a steadfast refusal to articulate a strategy, to formulate a list of demands, to converse with the sovereign power on the grounds of its own conventions, to put forth a leader, to resolve the ambiguity of the movement into a discreet identity, face, or voice. Do these tactics provide a resolution to the problem that was its genesis? Not in such a direct and easily resolved manner, but it remains difficult to imagine a direct and simple resolution to the problematic of the breach of the social contract. The ambiguity of the situation has generated significant interest within the broader populace, though many people sympathetic to the cause appear to be frustrated because the movement has not simply put forward a short list of concrete demands, or even a set of leaders and spokespeople, much less a resolution. And yet, this lack of coherence appears as a resolution of a problem generic to protest movements in the past, where individual leaders can be removed or discredited, and lists of demands can be co-opted by others holding more political power. Meanwhile, the ambiguity has compelled imitations on a global scale, with the Occupy Wall Street participants consciously taking actions that can be replicated by anyone anywhere without significant cost. These actions have taken place not in a peripheral location such as a parking lot in New Jersey, but instead close to the centers of power and governance, adjacent to Wall Street, close to the White House, on college campuses, etc. This spontaneous archipelago of protests becomes an irritant, a negation of the accepted order of protests, but when the protesters themselves move outside of their encampments, they are escorted by the police, constantly monitored and maintained so that a permanent state of paranoid persecution takes hold. To occupy, occupying, occupation – these actions involve a variable degree of danger – are you willing to step into a different space, where the rule of law is unclear and evolving? Are you presenting yourself as a representative of the majority, the 99%? Who has a sense of belonging to the 99%? This previously invisible population becomes a focal point of political power, garners increasing public support, infects the public dialogue. The government recognizes this population by forcing it from the occupied space, removing the element of possession of property. It is at this point of conflict, in the struggle to hold the physical property, where the greatest friction and violence occurs. Scaling the rule of law While occupied, the property calls for a redress of grievances, a restoration of the rule of law. The Occupy movement does not select and put forward individuals or leaders, it puts forward places – the occupied property represents the point of conflict, not the individual. And it is this very property that the government then tries to reclaim. The movement remains faceless, anonymous, uncounted, or rather counted only as a mass, the self-labeled mass of 99%. These spaces are like refugee camps or favelas, but constructed to unite the political life and private life of the protesters. This objective is presented as a tactical necessity, as all other means of protest and communication have failed, leaving only the option of seizing, holding, occupying a property. But to what end, exactly? Can anyone deliberately return to the prior social contract, embrace, affirm, and govern in strict accordance with the earlier relationship to property, following the logic of Locke’s arguments? In this respect, the contemporary crisis indicates a new, transitional phase in the way that property operates, or rather, in the balance between real and virtual value. The roots of the crisis lay in the massive overvaluation of property caused by lax lending practices, as more people were encouraged to borrow more money, which drove up the prices of property. At the same time, these individual properties, these mortgages for homes actual families lived in and worked to support, were bundled into securities that could be bought, sold, and speculated on. The reduction of a physical house or piece of real estate to an almost incalculably small element in an investment vehicle appears as a scaling of the hedge that radically diminishes the value of any individually owned property. Moreover, a number of recently-innovated financial products allow investors to hedge in new ways, to deliberately spread risk around a portfolio in hopes of bringing returns even when the individual mortgage defaults. At the level of the ‘free’ market, these virtual negative valuations are designed to balance the physical positive valuation, though many of the biggest lenders are now being investigated for controlling both sides of this valuation, the positive and the negative, to facilitate both the creation and failure of the investments and to profit from both. The ability to benefit from both the negative and positive value of an investment is a result of a technologically enabled capacity to operate within a complex field. These layered and scaled investment vehicles and the simultaneous negation of their value together represent a commingling of the virtual and physical existence that is both complex and multiple. The valuation of a virtual property has tremendous power to change the valuation of the physical - either injecting it with or depriving it of funds, pumping in or draining life and energy. This situation has roots of its own – the notion of property advanced e.g., throughout the enclosure movement in Britain was, from the outset, an imposition of virtuality (i.e., the concept of law, the institutions associated with ownership, etc.) on the physical reality of land. 1 The difference today is that technological trading platforms combined with innovations within the financial services industry have enabled the reduction of each individual property receiving or losing value in scale to an almost atomic level. In turn, the number of properties held simultaneously and valued as a massive, multiple wholes – i.e., the derivatives market in mortgage-backed securities – is a new phenomenon made possible through the application of similar technologies and institutional structures. And those actors who can trade in these layers of complexity can then profit from the new phase of disassociation of the virtual and the physical – unconcerned with and operating at such a virtual distance from the individual residing physically on a particular piece of real estate that they no longer feel the tug of the physical tying them back to the physical, operating literally as in a video game, in a virtually distanced world. What can or should be done about this situation? Answers lie outside the scope of this current essay, but merit consideration in the near future… NOTE 1) Hernando de Soto has emphasized this dimension by empirically demonstrating its non-existence in many countries in The Mystery of Capital. (shrink)

Der Beitrag bestimmt den logischen Standort und die Funktion des ursprünglich und a priori vereinigten Willens in Kants Rechtslehre. Der ursprünglich und a priori vereinigte Wille wird von einer ursprünglichen Gemeinschaft aller Menschen am Erdboden hervorgebracht, die ihrerseits auf einem ursprünglichen Recht eines jeden auf einen Platz auf dieser Erde gründet. Das ursprüngliche Recht auf einen Platz selbst folgt aus dem ursprünglichen Freiheitsrecht. Der ursprünglich vereinigte Wille richtet sich auf die Aufteilung des Erdbodens. Dadurch wird der ursprüngliche Erwerb von Sachen, (...) insbesondere von Grundstücken, möglich. Kant formuliert diese Möglichkeit in dem Postulat des § 2 der Rechtslehre, das ein Erlaubnisgesetz der praktischen Vernunft enthält: "Es ist möglich, einen jeden äußeren Gegenstand meiner Willkür als das Meine zu haben." Das Postulat folgt nicht analytisch aus dem ursprünglichen Freiheitsrecht. Es wird durch eine reductio ad absurdum der Annahme des Gegenteils begründet und enthält infolgedessen einen synthetischen Rechtssatz a priori. Zu dem Gebot, den Erdboden aufzuteilen, kommt das Postulat des öffentlichen Rechts , das den Eintritt in den -Staat gebietet, um das Eigentum an den Sachen zu sichern. Auch dieses Postulat hat den Charakter eines synthetischen Rechtssatzes a priori. Die Gründung eines -Staats setzt den ursprünglichen Kontrakt voraus. Das Eigentum an Grund und Boden geht jeder Staatsgründung voran, weil eine Staatsgründung nur möglich ist, wenn das Volk, das einen Staat gründen will, über ein mögliches Staatsgebiet verfügt.This article examines the logical location and function of the originally and a priori united will in Kant's Doctrine of Right. The originally and a priori united will flows out of the original community of all human beings on the earth's surface, which in turn is based on each person's original right to a place on this earth. The original right to a place on the earth's surface follows analytically from the original right to freedom. The originally united will commands us to divide the surface of the earth. This will to divide the land makes original acquisition possible. Kant formulates this possibility in § 2 of the Doctrine of Right, which contains a permissive law of practical reason: "It is possible to have any external object of my choice as mine." This postulate does not follow analytically from the original right to freedom. Instead it is based on a reductio ad absurdum and thus contains a synthetic principle of law a priori. The postulate of public law is added to the will to divide the earth's surface and requires entering a juridical state in order to secure property rights to things. This postulate is also a synthetic principle of law a priori. Founding a juridical state presupposes the original contract. Ownership of land logically precedes the founding of any state, because a state can be founded only if the people intending to found it have a state territory. (shrink)

The agro-pastoral ecotone, an ecological transition zone connecting adjacent areas of agricultural planting area and grassland animal husbandry, has three features: a complex natural condition, relatively pronounced population pressure, and a fragile ecological environment. In this study, we conducted an ecosystem risk assessment in the western part of Jilin Province, China, based on multiscale and multitemporal remote sensing images and land-use data. Furthermore, we focused on land-use change from 1995 to 2015 by applying the dynamic change information survey (...) method and carrying out a transfer track analysis. The results revealed three main findings. The ecological risk index at the scale of 3 km × 3 km harbors significant spatial correlation. The ecological risk index of unutilized land, forest land, and grassland is relatively high for each, and their anti-interference ability is weak, while the ecological risk index of construction land and water area is the lowest. Human interference, e.g., construction activities and cultivated land occupation, is the leading factor driving the exacerbation of ecological risk and frequent land-use type conversions. At the study period’s end, a trend of slight contraction in the high-risk areas was found, indicating that land-use regulation and land protection policies have had significantly positive impact upon the lands’ ecological value. The overall study identified a reasonable research scale for eco-environmental risk assessment and discerned relationships between regional land-use changes through geospatial analysis. Moreover, our findings can help provide practical case study information applicable to similar regions with agro-pastoral ecotones. (shrink)

Si oblitus fuero tui, Jerusalem, oblivioni detur dextera mea.” When Jerome commented on Ps. 136.5, he interpreted the passage allegorically. Sitting in exile by the waters of Babylon, the Israelites had hung their harps on the willows and, in a foreign land, would not sing the songs of Zion. Yet they refused to forget their origin, preferring, as King James's translators put it, that “my right hand forget her cunning.” Jerome observes that this is always the hand whose work (...) remembers the Lord. Yet clearly, by the early fifth century, the idea of manual dexterity had become a trope, a figure in some higher argument. Augustine compares the “lower gods”, reduced to performing menial tasks in the administration of the universe, to workers in the silversmiths' quarter through whose many hands a vessel passes before it is finished, even if it could have been perfected by any skilled member of their team. Slightly more pragmatically, Justinian's Digest mentions a piece of silver plate, brought on approval to a client's house by a uascularius but then inadvertently destroyed, as an instance actionable under the laws of contract. (shrink)

Tarımsal üretim pek çok ekonomide olduğu gibi Türkiye’de de önemli bir paya sahiptir. Özellikle fındık, çay ve yaş meyvelerin üretimi yakın tarihe kadar bilinçsizce gerçekleştirilse de günümüzde üretim imkânlarının gelişmesi sayesinde az maliyetle yüksek verim alınabilmektedir. Fakat başta miras yoluyla arazilerin bölünmesi, köyden şehre göç olmak üzere çeşitli nedenlerden dolayı ya tarım arazileri sahipleri tarafından terk edilmekte ya da yarıcılığa verilmek suretiyle işlenmeye devam edilmektedir. Halk arasında yarıcılık olarak bilinen bu ortaklıkların temeli, fıkıhtaki müzâraa ve müsâkāt ortaklıklarına dayanmaktadır. Bu çalışmanın (...) amacı halk arasında yarıcılık olarak bilinen ve uygulanan müsâkāt ortaklıklarının fındık bahçelerinde nasıl yapıldığını tespit etmek ve fıkhi problemlere neden olan uygulamadaki aksaklıkların giderilmesi için öneriler geliştirmektedir. Nitel araştırma yönteminin benimsendiği araştırmada, araştırma deseni olarak fenomenolojik yaklaşım kullanılmıştır. Araştırmamızın veri toplama yöntemi yarı yapılandırılmış görüşme ve doküman incelemesidir. Araştırmanın çalışma grubu kartopu örnekleme yöntemiyle seçilen ve daha önce müsâkāt akdi yapmış fındık bahçesi sahibi veya fındık bahçesinin mahsulüne ortak olmuş 8 kişiden oluşmaktadır. Çalışmanın, klasik fıkıhla irtibatının yanı sıra, halk arasında güncel bir uygulamanın nasıl yapıldığını ayrıntılarıyla ortaya koyması açısından sosyolojik, tarımsal üretimi konu edinmesi açısından ise tarım ekonomisini ilgilendiren boyutları bulunmaktadır. Agricultural production has an important role in the Turkish economy as in many countries. However, the hazelnuts, tea and fresh fruits have been produced through inefficient methods for a long time. With the development of technology and new techniques, farmers have started to produce more efficient agricultural production with low costs. The basis of these partnerships, known as sharecroppers among the farmers, is based on muzara’ah and musaqat partnerships in Islamic Law. However, today it is not known whether these partnerships are made in accordance with the conditions of muzara’ah and musaqat agreements. In this study, we investigate how musaqat partnerships are made over hazelnut production, and we also try to detect problems that appear during the partnership. In addition, we offer suggestions to eliminate the detected problems. When the literature on musaqat is examined, it is seen that this partnership agreement is not the subject of research separately, and that the issue is generally discussed in some fiqh issues that concern partnership agreements. During the literature review, it was seen that today there are no studies on how the partnership contract is fulfilled and what problems emerge in terms of Islamic law. The fact that this study directly focuses on the current practices of musaqat partnership and identifies the emerging fiqh problems will fill a gap in the literature. (shrink)

In 1994, the Argentine Inland Revenue service investigated a case of suspected tax evasion that became more newsworthy when it was discovered that $37 million bribes were paid by IBM Argentina, the subsidiary of Armonk, New York-based International Business Machines Corp. The bribes were paid to Argentine government officials to land a $250 million contract to modernize the state-owned Banco de la Nación Argentina, which was and still is the country’s largest bank. The IBM IN ARGENTINA series introduce the (...) legal and ethical dilemmas that managers face when the moral standards at the host country appear to be lower than at those at home and highlight the consequences that managers may suffer when they perform illegal/immoral activities on behalf of the firm. Intended audience, teaching objectives, research methods, and sample questions are briefly discussed in this summary. (shrink)

The emergence of private property is an inflexion point in the hypothetical history conceived by Rousseau. Social relations, recently constituted, are completely restructured by this event. More specifically, it is only due to the accentuated economic inequality that stems from the partition of land between proprietors and supernumeraries that an exacerbated conflict arises between men, thus demanding the celebration of a contract able to stabilize social interactions via the erection of a sovereign political power. Given the importance of the (...) matter, Rousseau must address the issue of property also from a moral and normative standpoint. According to the Genevan, would it be possible to admit a pre-political regulation of property? Would there be some criteria to legitimate private property prior to civil state and positive right? Could actual possession be claimed as a right already in the state of nature? The present article aims to answer these questions by means of a dialogue between Rousseau and John Locke, the most influent thinker of natural right tradition in regard to this matter. (shrink)

The main indicators of assistance activity in the insurance market in Ukraine have been analyzed. Beneficial and negative trends of its development have been shown. The dynamics of the insurers' liquidation expenses structure and the payment of services expenses of the assistance establishments have been highlighted. Their structure has been shown due to the types of voluntary and compulsory insurance. The main problems hindering the effective development of the assistance services market have been characterized and the prospects of its development (...) have been offered. The aim of the research is to carry out comprehensive analysis of the current market of assistance services, to identify the main problems of their implementation and to point out the prospects of insurance market development. The dynamics of insurance bonuses and benefits including insurance compensation and services and the insurers' operating expenses concerning the payment of services of the assistance establishments has been analyzed on the basis of a sample survey of the main indicators of insurance market development due to the statistic data of National Committee of Financial Services. It has been revealed that majority of the insurance services provide settlement of insurance claims by offering assistance service. Alongside increasing of the share of insurance payment due to the contract providing the insurance service, allows the majority of insurance claims to be settled due to the payment of insurance compensation. Expenses on assistance services were the highest and the court expenses were the lowest in the structure of the insurer's liquidation expenses during 2011-2014. Expenses on services of the non-residential assistance establishments are low but they are increasing. It shows that emergency assistance to our citizens in the country and outside is being increased. Structure of assistance services in the voluntary and compulsory insurance market has been analyzed; main trends of assistance activity development according to the separate insurance services have been highlighted. In particular it was found out that the greatest amount of assistance services were provided due to the voluntary medical insurance, medical costs insurance, land transport insurance and compulsory insurance of civil liability of the owners of vehicles. On the basis of conducted analysis, we can draw a conclusion about the low level of assistance services market development. It is affected by negative trends of economic and political crisis, low solvency of insurers and the quality of insurance services, a lack of guaranties to provide emergency assistance in time, imperfect state regulation of assistance services provision, and a low level of institutional support. We offer to intensify the interaction between the insurers and assistance companies while providing insurance services including additional ones, insurance compensation, and settlement of insurance claims by ensuring emergency assistance in monetary and natural-material form. This will promote the increasing of quality of the insurance protection. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

Kant's explicit account of the state's responsibility for welfare, in the Rechtslehre, is cryptic and incomplete. Kant does suggest, however, that: provision for those unable to provide for themselves is implicit in the idea of a social contract; and the sovereign, as ‘proprietor of the land’, possesses authority to intervene in civil society to guarantee the necessary conditions for the exercise of their purposive faculties. These elements of Kant's argument seem most plausibly justified by the teleological judgement that the (...) sovereign must strive to realize a ‘rightful condition’ in which members of society are ensured equal opportunity to realize their purposive faculties. In order to secure such a condition, the Kantian sovereign must intervene to guarantee conditions assuring that agents are equal in their ability to pursue their individual ends. Such a Kantian egalitarian policy, Chapter 6 argues, should focus on the equalization of capabilities rather than of: welfare, or resources. (shrink)

Hegel holds that members of a society can only be fully free and autonomous if they enjoy political representation. Hegel grants political representation to the landed aristocracy and to members of corporations. Causal day laborers fall outside both of these groups. Consequently, they lack political representation in Hegel’s state; hence they lack the political resources for full freedom and autonomy. This is a serious problem, but not so serious as Hegel’s marxist critics maintain. I propose two solutions based on Hegel’s (...) institutional principles. First, day laborers typically work in the same industry, and often in the same factory. Once that regularity is established, such labor is no longer casual and it merits recognition through labor contracts and (ultimately) through corporate membership. Second, those workers who remain casual laborers deserve special attention from a government-sponsored agency which organizes and regularizes their training and job placement, and which represents their interests in Hegel’s Estates Assembly. I further suggest that Keynes’s public works strategy for moderating unemployment fits perfectly into Hegel’s institutional framework, and I show (contra Ilting) that Hegel’s exposition of the Crown is properly ordered. The Monarch is the organizational apex of Hegel’s government, but the Estates Assembly culminates Hegel’s program for achieving the political autonomy of individuals. (shrink)

Smallholder farmers are disproportionally vulnerable to climate change, and knowledge on cognitive factors and processes is required to successfully support their adaptation to climate change. Hence, we apply a qualitative interview approach to investigate smallholder farmers’ adaptation intentions and behavior. The theoretical Model of Private Proactive Adaptation to Climate Change has guided data collection and analysis. We conducted twenty semi-structured interviews with smallholder farmers living and working in Tiruchirappalli District in South India. We applied a qualitative content analysis by combining (...) a content-structuring with a type-building approach. The systematic analysis resulted in four types of smallholder farmers that differ in the formation of adaptation intentions. Three of these types intend to adapt and follow different adaptation plans: (i) innovative measures that are new to the farm or region and are considered effective to overcome the detriments experienced from past efforts, (ii) contractive measures such as selling land or livestock, and (iii) retaining past measures they consider effective while relying on their access to resources. Only one type does not intend to adapt, emphasizing that rain is absolutely necessary to continue farming. We conclude that public efforts could focus on education and training programs adjusted to the farmers’ needs, measures to maintain or increase the fertility of land and farmers’ livelihood, flexible water conservation technologies and regular checking of dams, fostering combined adaptation and mitigation measures, providing access to loans up to debt cancellation, and offering physical and mental health programs. (shrink)

Governments must keep agricultural systems free of pests that threaten agricultural production and international trade. Biosecurity surveillance already makes use of a wide range of technologies, such as insect traps and lures, geographic information systems, and diagnostic biochemical tests. The rise of cheap and usable surveillance technologies such as remotely piloted aircraft systems presents value conflicts not addressed in international biosurveillance guidelines. The costs of keeping agriculture pest-free include privacy violations and reduced autonomy for farmers. We argue that physical and (...) digital privacy in the age of ubiquitous aerial and ground surveillance is a natural right to allow people to function freely on their land. Surveillance methods must be co-created and justified through using ethically defensible processes such as discourse theory, value-centred design and responsible innovation to forge a cooperative social contract between diverse stakeholders. We propose an ethical framework for biosurveillance activities that balances the collective benefits for food security with individual privacy: establish the boundaries of a biosurveillance social contract; justify surveillance operations for the farmers, researchers, industry, the public and regulators; give decision makers a reasonable measure of control over their personal and agricultural data; and choose surveillance methodologies that give the appropriate information. The benefits of incorporating an ethical framework for responsible biosurveillance innovation include increased participation and accumulated trust over time. Long term trust and cooperation will support food security, producing higher quality data overall and mitigating against anticipated information gaps that may emerge due to disrespecting landholder rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Coinage in the Roman Economy, 300 b.c. to a.d. 700Leah JohnsonKenneth W. Harl. Coinage in the Roman Economy, 300 b.c. to a.d. 700. Baltimore: The Johns Hopkins University Press, 1996. x 1 533 pp. 31 plates. Cloth, $49.95.In Coinage in the Roman Economy Kenneth Harl proposes to examine “how the Romans minted and used coined money—its role in payrolls, tax collection, trade and daily transactions—over the course of (...) a millennium, 300 b.c. to a.d. 700” (1). Most previous works on Roman coins have tended to treat them as objects worthy of study in and of themselves and not as evidence for understanding the social and economic policies of the Roman world. (R. Duncan-Jones’s Money and Government in the Roman Empire [Oxford 1994], a survey of the use of coins in the first three centuries of the Roman empire, is a notable exception to this rule.) The expansiveness of Harl’s welcome new treatment allows the reader access to virtually all of the significant stages and changes in the development of Roman coinage and their effects on the economy of the ancient Roman world and supplies knowledge crucial to a comprehensive understanding of how the Roman economy functioned, and, ultimately, why the empire was successful.Surprisingly enough, it was necessary for Harl to address many long-standing objections to the significance of coinage in the Roman economy before engaging in his survey. The significance of coins in Roman fiscal policy has been discounted on the basis of their limited numbers and availability by M. I. Finley (The Ancient Economy 166). According to Finley, since the Romans struck coinage only intermittently, coins could not have played a major role in determining Roman fiscal policy. Others who now acknowledge that a great number of Roman coins were put into circulation, object that coinage could not have played an important role in the “underdeveloped” agrarian-based society of Rome. Still others, admitting the significance of coins in commerce in the Roman world, have argued that their use in trade was only incidental. In other words, the Roman government did not mint coins to stimulate trade, but simply to pay for expenses such as military and administrative payrolls or building contracts.In chapter 1, “Coins, the Money of the Roman Economy,” Harl counters Finley’s objections by arguing that since Finley’s work, many statistical studies have estimated the enormous outputs of coins that the Romans could mint on short notice if necessary. So in periods when there was a shortage of coins, the Romans could in fact very quickly pump more money into the economy. Harl argues that the supposed absence of coins in rural areas of the Roman world is simply due to the limitations of archaeology in that not all of the town centers and marketplaces in rural areas of the Roman world have been excavated. Furthermore, although he acknowledges the centrality of land in the Roman economy, he also points out the importance of seaborne trade to it. He next admits that coins were primarily issued by the state for government payrolls or payments [End Page 139] to contractors, but nonetheless he stresses that the degree of importance which Roman coinage had in commerce was equal to that which it possessed in government fiscal policies. Thus, although the use of coinage was fiscal in origin, its contribution to commercial growth was increasingly important as the empire expanded.Harl then provides a summary of the methods by which the Roman government manipulated the coinage in periods of inflation or emergency, or when the currency simply needed to be replenished due to deterioration of the metal content. In such instances, the Romans generally didn’t melt down and restrike worn coins but instead either lowered the tariff of the old coins against new coins which were issued or simply minted debased new coins with a precious metal content equal to that of the old coins in circulation. Harl concludes his first chapter with a survey of the various types of numismatic research currently being employed in the area of Roman coinage—metrological analyses, die and hoard studies... (shrink)

Life and the living (on Aristotelian biohorror) -- Supernatural horror as the paradigm for life -- Aristotle's De anima and the problem of life -- The ontology of life -- The entelechy of the weird -- Superlative life -- Life with or without limits -- Life as time in Plotinus -- On the superlative -- Superlative life I: Pseudo-Dionysius -- Negative vs. affirmative theology -- Superlative negation -- Negation and preexistent life -- Excess, evil, and non-being -- Superlative life II: (...) Eriugena -- Negation in the periphyseon -- The quaestio de nihilo: on nothing -- The quaestio de nihilo: superlative nothing -- Dark intelligible abyss -- Apophasis -- The apophatic logic -- Negation in Frege and Ayer -- Negation vs. subtraction in Badiou -- Negation and contradiction in Priest -- The dialetheic vitalism of negative theology -- Ellipses: Suhraward and the luminous void -- Univocal creatures -- On spiritual creatures -- Life as form in Aristotle -- The concept of the creature -- Univocity I: Duns Scotus vs. Aquinas -- Univocity in Aquinas' Summa theologica -- Univocity in Duns Scotus' Opus oxoniense -- The common nature of the creature -- Univocity II: Duns Scotus vs. Henry of Ghent -- Univocity in Henry of Ghent -- Negative vs. privative indetermination -- Absolute indetermination -- Univocity III: Deleuze's scholasticism three variations -- Spinoza et le problème de l'expression -- Différence et répétition -- Cours de Vincennes -- Univocal creatures -- Ellipses: Dgen and uncreated univocity -- Dark pantheism -- Everything and nothing -- Life as spirit in Aquinas -- The concept of the divine nature -- Immanence I: Eriugena's periphyseon -- Natura and the unthought -- Universal life -- Four statements on pantheism -- Immanence II: Duns Scotus' reportatio Ia -- Univocal immanence -- Actual infinity -- The pathology of the triple primacy -- Immanence III: Nicholas of Cusa's De docta ignorantia -- The coincidence of opposites -- The folds of life -- Absolute vs. contracted pantheism -- Speculative pantheism (Deleuze's interlocutors) -- Pantheism and pure immanence -- The insubordination of immanence in Deleuze -- Scholia I: the isomorphism of univocity and immanence -- Scholia II: the vitalist logic of common notions -- Scholia III: the life of substance -- Dark pantheism -- Ellipses: Wang Yangming and idealist naturalism -- Logic and life (on Kantian teratology) -- The wandering line from Aristotle to Kant -- Critique of life -- Spectral life and speculative realism -- Ontotheology in Kant, atheology in Bataille -- The night land. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:184 THE ECONOMIC THOUGHT OF DAVID HUME David Hume's views on economics are expressed in his Essays, Moral, Political and Literary, Part II (1752). He was a contemporary of Adam Smith and read Smith's The Wealth of Nations shortly before his death. Some commentators have suggested that Hume exercised some influence over Smith's views on economics; others are not so sure. Hume's commentators over the last 200 years have (...) emphasized his theory of knowledge, doctrine of causality and belief, theory of morals and historical writing. His views on economics have been relatively neglected. The purpose of this essay is to summarize and clarify Hume's views on economics. Commerce and Trade Hume's essay "Of Commerce" is an extension of his view of property rights. Just as government should not impair property rights, it should not impair commerce, which is the freedom to contract between consenting parties. But Hume was not a 'pure' advocate of laissez-faire. He supported the infant industry argument: A tax on German linen encourages home manufacturers, and thereby multiplies our people and industry. A tax on brandy encreases the sale of rum, and supports our southern colonies. The bulk of workers are employed either in argiculture or manufacturing. In the more primitive societies, almost everyone is employed in agriculture (husbandry), and as agricultural techniques are improved, the land becomes able to support more nonagricultural workers, including artisans and providers of luxuries as well as manufacturers. Some of these 185 surplus (i.e., nonagricultural or manufacturing) workers are sometimes appropriated by the sovereign for use in the army or navy (OC 256), which prevents them from producing luxury goods and services, and leads to a different kind of state than would exist if their labor were not so appropriated. Increases in industry, the arts and trade generally increase both the power of the sovereign and the happiness of the people (OC 260). Trade is something that is mutually beneficial -- both parties gain. Hume spends a great deal of time refuting the idea that one nation's gain is another's trade loss. Thus, trade is a win-win rather than a win-lose situation, as some modern-day mercantilists (such as Thurow fThe Zero Sum Gamel and Batra G The Great Crash of 1989l)would have us believe. Hume views everything in the world as purchased by labor, and sees labor as being caused by people's passions (OC 261). In modern language, one could say that wealth is produced either from physical or mental labor, and that it is individual incentive that causes the human action to begin in the first place. Of course, this view overlooks the fact that labor does not exist in a vacuum, but is mixed with land and perhaps capital (which can be seen as the result of accumulated labor). Exchange occurs when producers of a commodity produce more than they can consume. At that point, they trade their surplus for other goods and services (OC 261). In peacetime, the farmers' surplus goes toward the acquisition of manufactures or the cultivation of the liberal arts. In war, the surplus can go toward the support of an army or navy. The state becomes more powerful as it can produce increasingly beyond subsistence, what Hume refers to as employment beyond mere necessities (OC 186 262). But rather than encouraging the increase in state power by force, such increase is best accomplished by allowing individuals to produce as much as they want, which they will do automatically in the absence of coercion, and then appropriate part of the surplus: It is a violent method, and in most cases impracticable, to oblige the labourer to toil, in order to raise from the land more than what subsists himself and family. Furnish him with manufactures and commodities, and he will do it himself. Afterwards you will find it easy to seize some part of his superfluous labour, and employ it in the public service, without giving him his wonted return. Being accustomed to industry, he will think this less grievous, than if, at once, you obliged him to an argumentation of labour without any reward. (OC 262) Countries that engage in... (shrink)

Between 1893 and 1908, at least six private consortia and the municipality of Baghdad were denied permission to operate steamships on the Tigris and Euphrates on the grounds that a navigation concession had already been granted to the Privy Purse ( hazine-i hassa). The Privy Purse justified its insistence on monopoly with reference to the emerging ideology of development ( nafia), though its ideas about the role of steam technology in nafia stood in contrast to those of private investors and (...) other Ottoman bureaucrats. Working from the hazine-i hassa’s planning memos and contracts, I show that the private treasury envisioned a primarily agrarian future for Iraq, with steamships serving agricultural aims. As such, it focused on envisioning future steamships rather than managing its existing fleet, while still acquiring dominance over land and transport in the region. However, private companies and officials contested this vision, emphasizing the materiality of existing steamships, their roles in trade, and the potential for commercial competition as a means of resisting British imperial encroachment. After the Committee of Union and Progress came to power in 1908, the Privy Purse was disestablished and its properties reverted to the Finance Ministry, opening a brief window during which steamship companies were encouraged to proliferate. Quickly, however, new comprehensive schemes were proposed, though with railways replacing steamships as the corollary to Iraq’s imagined riches. Engaging questions about the futurity of both infrastructure and capital, as well as those posed by the technology-in-use paradigm, this article suggests that the hazine-i hassa is a rich starting point for analysis because the scalar and ontological tensions it embodied highlight how different kinds of futures interact in development planning to affect the present. (shrink)

:This essay argues that the territorial rights of states derive from the property rights of the individuals that make up those states. The argument draws from the Lockean tradition of justification of political powers. Persons in the state of nature have natural rights. Those rights are first-order substantive rights, and second-order executive rights In the social contract, individuals transfer to the state their executive rights, not their substantive rights. The state can thus define the boundaries of property rights and adjudicate (...) property disputes, but does not legitimately own land itself. The article discusses and rejects, for deontic and consequentialist reasons, positions that justify collective and state ownership of territory. Some important consequences follow from the argument: First, no actual state has territorial rights, since no actual state wields delegated powers in land. Second, notwithstanding the preceding conclusion, actual states have an obligation to exercise their territorial powers consistently with the respect for private property. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The “Magic” of Music:Archaic Dreams in Romantic Aesthetics and an Education in AestheticsAlexandra Kertz-WelzelO, then I close my eyes to all the strife of the world—and withdraw quietly into the land of music, as into the land of belief, where all our doubts and our sufferings are lost in a resounding sea....1Music serves many different functions in human life, accompanying everyday activities such as working, shopping, or (...) watching TV, as well as creating an individual world of sounds in which to relax, to enjoy life, or just to escape into one's dreams. Tia DeNora describes this personal use of music as a technology for the self and quotes Mireille, a contract cleaner, who thinks that "everybody should listen to music. It helps you to be calm, relaxed, to see your life differently."2This desire to change minds or moods and perhaps to be personally transformed by music also motivates adolescents to listen to their music giving them a strong feeling of self-identity and helping to relieve boredom, get through difficult times, or reduce tension.3 Although this obviously everyday use of music is usually different from the life-changing strong experiences with music which Robert Panzarella4 or Alf Gabrielsson5 investigate in their research, it nevertheless shows the natural human desire to use music to transform emotions or experience life more intensively. Certainly, adolescents do have different kinds [End Page 77] of intensive and even ecstatic experiences with music; for example, while attending a rock concert with its pseudo-religious implications, or a Friday night dance party with friends, or while making music in a band. Gabrielsson quotes the description of a young woman, attending an outdoor concert of Prince:One feels so free somehow. At concerts one can dance, jump, scream and sing as much as one wants. You are like a part of it all, not just a spectator. Throughout the whole concert the audience was in total ecstasy. It was only one thing that mattered: the music! You are filled with the wonderful feeling that everything is all right, that you are living only for what is happening 'right now.' You are in a way 'intoxicated with joy."... You don't think about what you are doing. You do what you feel like, without even thinking about it.6This desire for intensive or even ecstatic experiences through music is not only an aspect of individual life, it is also an important issue in the history of music and aesthetics from ancient times. One origin of music and art can be found in the relationship of music with religion and ritual, using sound's emotional and ecstatic power to connect the world of human beings and the sacred. Music as magic and a means of ecstasy was a frequent conceptualization in ancient Egypt, as well as in Greece, in the rites of ancient Celts and early Christians, and also in non-Western religions today.7 Priests or shamans among the Australian Aborigines, Native Americans, and West-African tribes use the emotional power of music to evoke trance in their contemporary practices.Unfortunately, the aesthetics of Western European art music, especially since the eighteenth century, tends to eliminate this sensual "magic"8 of music only to replace an ecstatic way of experiencing music with a more intellectual approach. The idea of absolute music or the aesthetics of formalism attempts to establish a "pure" approach to listening without feeling, imagination, or sensuality. It is a claim to elitism which might be one reason why it is difficult for students to be affected by Western European art music, since it appears to be far away from their own world of intensive music experience. Not only the way of listening and performing Western European art music, but also the music itself may prevent students from further involvement in "classical" music and having the kind of intensive experiences their "own" music offers them. If a goal of music education is not only to involve students in art music but also to deepen and enhance their lives through aesthetic experiences, it may be reasonable to start with their musical experiences and to... (shrink)

Summary This article concerns the identity and role of the C. Helvidius Priscus who is named in CIL IX, 2827 as an arbiter ex compromisso in a boundary dispute. After examining the inscription itself, I proceed to examine the implications of the mechanism of arbiter ex compromisso in the Roman judicatory system, and the possibility of a high-ranking Roman serving in such a role. The seemingly discrepancy between a high-ranking Roman and the role of a land surveyor is resolved (...) hereby by juxtaposing it twice: once with the precedent of high-ranking surveyors in the agrarian bill of Rullus; and secondly, by reading it in the context of locatio conductio operis contracts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Good Neighbors Make Good Fences: Frost’s “Mending Wall”Zev TrachtenbergDefenders of the institution of private property have considered at length its benefits to individuals: for Aristotle it allows for the practice of certain virtues; for Hegel it allows for the expression of free human personality. 1 Property is also, of course, seen as the foundation of political society: for Locke men form government to enforce their property rights; for Jefferson (...) property enables citizens to participate in their institutions of self-government. 2But there is a level of human experience between simple individuality and the formal rules and rights articulated and enforced by society. I have in mind the more immediate form of human association evoked by the word community. Let me offer a rough-and-ready distinction. The social contract tradition prompts us to think of society in terms of the cooperative human enterprise of protecting individuals’ interests; the concept of society calls to mind formal voluntary agreements and associations, contracts, the economy, ultimately laws and rights. 3 We can think of community, by contrast, in affective terms; it calls to mind the direct human relations of people who share a place and mode of living. 4 A society has laws and a government; a community has customs and a culture.In this essay, then, I want to explore the relationship between property and community. It is, I think, an ambiguous one: property can be accused of corroding the human connections that constitute community life, but the maintenance of a property regime can also be seen as itself a communal enterprise. 5 This ambiguity is displayed vividly in Robert Frost’s “Mending Wall.” 6 Reading the poem can help us see the complex ways in which property and community are intertwined. [End Page 114]I“Mending Wall” has two characters: its narrator and his neighbor, owners of adjacent farms, who meet each Spring to repair the stone wall that stands between their properties. The narrator, at first glance, seems to take a somewhat skeptical attitude toward property. (We shall see that his attitude is in fact more complicated.) The poem opens with his words “Something there is that doesn’t love a wall”—a phrase he repeats later, making it a kind of slogan for the position on property he personifies. That position seems to reject human attempts to inscribe the arbitrary divisions of property holdings on the land. The narrator sees in natural processes an attempt to cast off this artificial imposition: that which doesn’t love a wall “sends the frozen-ground-swell under it, /And spills the upper boulders in the sun.” He recognizes that asserting a separation between the two parcels of property by erecting a wall is futile. For, he recognizes, the two parcels are one, connected underneath the wall by natural forces that work unconsciously but actively against human efforts to divide them.The neighbor, by contrast, speaks for an individualistic belief in the value of marking property holdings. “Good fences make good neighbors” are his only words in the poem, repeated in the last line like a counter-slogan to the narrator’s. The neighbor first offers his slogan in response to the fact that the wall is not needed for the practical purpose of keeping his and the narrator’s goods separate. Their goods do not need a wall to be kept apart: they have no cows to wander back and forth across the line, and the narrator’s “apple trees will never get across/And eat the cones under [the neighbor’s] pines.” For the neighbor, that is, the utility of the wall is not economic. Rather it serves to define the sort of relationship he wishes to have with those who surround him: his slogan expresses an ideology of human separation. In the neighbor’s eyes, apparently, all that makes a neighbor is the mere fact of owning an adjacent farm, hence what makes a good neighbor is his separateness. For what else could characterize the goodness of neighbors who are made good by fences?The neighbor thus personifies a position on property that disvalues community. Property is marked by walls, whose main function in his view... (shrink)

Conservation biologists recognize a duty to maintain as much value as possible in ecosystems that are threatened by recent anthropogenic impacts. Until recently the paradigm of contemporary conservation seemed relatively straightforward: the best way to maintain the value of species and ecosystems at a given location was to maintain—or shepherd the system back towards—historical conditions. Among the most difficult theoretical tasks was the determination of “baseline” historical conditions (or trajectories) to return to, recognizing the dynamism of ecosystems over time. However, (...) the rate, scale, and magnitude of contemporary climate change, species introductions, and land-use change make it increasingly impractical to return locations to any kind of historical state. This forces a paradigm shift which is both ongoing and difficult, and necessitates a rigorous evaluation of the scientific and ethical foundations of modern conservation along with a careful reexamination of terminology. Here, I discuss the moral relevance and waning utility of the geographically-based and dichotomous understanding of “native” (or “in situ”) which is an important component of conservation ethics and practice. I then propose a new understanding of nativeness in which a species is native—not to a geographic location—but to a quantifiable set of biotic, climatic, geologic, and topographic conditions (i.e. its niche) that can then map to geographic space. Following this, I demonstrate the unique utility of this concept, which I will refer to as “econativeness,” in thinking through conservation problems—range expansions, range contractions, species introductions, and assisted migration—where the classical understanding of nativeness has become increasingly inadequate for assessing the moral value of species. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm by David WeinsteinDaniel PalmerDavid Weinstein. Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm. Cambridge: Cambridge University Press, 1998. Pp. xii + 235. Cloth, $69.95.Herbert Spencer, though influential and widely read in the nineteenth century, has been largely neglected by contemporary philosophers. David Weinstein argues that this neglect is unjustified, and that Spencer’s moral and political thought deserves the same attention (...) that has been afforded to Spencer’s contemporary John Stuart Mill. The comparison with Mill is particularly important for Weinstein. Indeed, he claims that, like Mill, Spencer was a liberal utilitarian who attempted to preserve a place for strong moral rights within a broadly utilitarian framework.A large part of Weinstein’s study is devoted to delineating the precise nature of Spencer’s utilitarianism. Weinstein argues that Spencer is both more consistently utilitarian and more systematic than has often been alleged. In the first two chapters he discusses Spencer’s utilitarianism in relation to his metaphysical principles and his account of moral psychology. Weinstein convincingly demonstrates that Spencer’s liberal utilitarianism follows from his views on social evolution. Spencer viewed evolutionary processes as leading to increasing differentiation among phenomena, which implied for Spencer a trend towards greater individuation of persons as societies evolve. Evolutionary principles also led Spencer to view happiness as largely dependent upon the exercise of faculties. Together, these views lend support to what Weinstein sees as the centerpiece of Spencer’s liberal utilitarianism, his principle of equal freedom, or the claim that “each shall have as much liberty to pursue his ends as consists with maintaining like liberties to pursue their ends by others” (38). The increasing individuation of individuals coupled with the dependence of happiness upon the free exercise of our faculties guaranteed for Spencer that the greatest happiness will be generated through the adoption of the principle of equal freedom.Weinstein’s central argument is that Spencer’s moral philosophy offers a distinctive version of indirect utilitarianism. In chapters 3 through 5 he outlines the main contours of Spencer’s liberal utilitarianism and its relevance to contemporary discussions, maintaining that Spencer accepted the utilitarian principle as the ultimate criterion of actions. However, much like Mill, and in reaction to Bentham, he argued that any direct pursuit of the greatest happiness is self-defeating. Spencer’s indirect utilitarianism sought to promote the conditions upon which happiness is founded through the principle of equal freedom. Moral rights were for him merely corollaries of the principle that flesh out its empty formalism, providing the basis for deliberation. Concrete moral rights such as property rights, contract rights, and exchange rights are therefore the basis for our primary obligations and yet find their ultimate justification in the principle of utility.Spencer’s two-tiered account of our moral obligations is thus remarkably similar to Mill’s account of moral rights in Chapter 5 of Utilitarianism. The difference between them concerns the stringency of moral rights. While Mill saw moral rights as important, but ultimately defeasible, Spencer viewed them as indefeasible. While Mill’s position seems more plausible from the utilitarian perspective, Weinstein shows that Spencer’s stronger position must be judged in terms of his beliefs about the exercise of human [End Page 685] faculties. Weinstein correctly shows that if Spencer is wrong, it is not because, as critics have charged, his position is logically inconsistent, but because he held mistaken views about human nature and society.While the heart of Equal Freedom and Utility concerns the relation between utility and moral rights in Spencer’s work, the final two chapters are devoted to metaethics and applied ethics respectively. Weinstein marshals strong textual support to show that Spencer never simply defined the good as happiness and that G. E. Moore’s use of Spencer in Principia Ethica as an example of someone who committed a glaring version of the naturalistic fallacy was not justified. Spencer simply avoided prolonged treatments of such metaethical concerns. In the last chapter Weinstein argues that Spencer’s evolving views on land nationalization reveals both the general nature of Spencer’s derivation of moral rights from the principle... (shrink)

The ultimate aim of this dissertation is to determine whether libertarian theories of property can be adequately grounded in Locke's theory of natural rights. I defend the thesis that Locke's theory has no room for a fundamental commitment to natural rights, including property rights. ;In the first three chapters, I challenge each component of the dominant interpretation of Locke's theory of property in this century, viz., that of C. B. Macpherson. In Chapter One, I criticize Macpherson's claim that Locke's view (...) allows unlimited appropriation. In Chapter Two, I agree with Macpherson that Locke defended a state in which the franchise was restricted to those who held significant property, viz., land. However, this can be reconciled with an initial contract into civil society that meets certain standards of rationality and fairness. Thus, while political power is not equally distributed in the state Locke describes, that is not necessarily inconsistent with a rational, free, and voluntary social contract. This shows that we need not see Locke as committed to the interests of the wealthiest members of society. In Chapter Three, I agree with Macpherson that Locke's view is that the purpose of contracting out of the state of nature is the protection of one's property. But I briefly argue that Macpherson does not take seriously Locke's concept of property right and the wide range of objects that count as property. If we pay careful attention to Locke's terminology, we can see that although the purpose of the state is the protection of property, that does not guarantee greater protection for the wealthy than it ensures the poor. ;In Chapter Four, I challenge a quite different thesis. James Tully has argued that Locke did not defend private property at all, but attacked it. I criticize this interpretation on the grounds that Locke explicitly allows certain practices that Tully takes to be violations of the law of nature as Locke construes it. I also criticize the claim that certain developments in a commercial economy, such as the consumption of valuable land, necessarily violate the law of nature. In addition, I argue that the idea of conventionally established property rights is inconsistent with Locke's account of how and why government comes to be established. ;In Chapter Five, I provide an account of the principles underlying Locke's account of rights, both within and without civil society. I argue that Locke's view is improperly construed as a view which gives pride of place to rights. Rather, rights are almost always derivative from duties, and in those cases where they are not derivative, they are subordinate to certain primary duties that oblige us in virtue of our status as God's creations. (shrink)

...If, in some places, backward science determines the remaining period by the lack of optimism only by the number 123456789, then our progressive science expands it to 987654321, which is eight times more advanced than theirs. However, due to the inherent caution of scientists, both sides do not specify the measuring unit of reference — year, day, hour or minute are meant. Leonid Leonov. Collected Op. in ten volumes. Volume ten. M.: IHL, 1984, p.583. -/- The modern men being as (...) a rule is proceeding in three relatively autonomous, but immanently coexisting, and each penetrating dialectically through other, and each contesting even cruelly with other, and each more or less dominating on other, differently in various societies, worlds: the first one of the barbarity, the second one the culture, the third one the civilization... Barbarity is the mode of coexistence of autonomous human societies based on the unlimited will to act so as subject wants to do without any limitations of his activities... Culture is the mode of coexistence of autonomous human societies based on the most ancient testaments, customs, traditions etc of the highestly sacrified appearence... Civilisation is the mode of coexistence of autonomous human societies based on the reasoned or legitimated by social contracts, by profits, by expediency and so more constitutions, institutions etc... -/- Andrei Melnikov-Pechersky in his epic "In the Woods" says that there was a movement among the Old Believers in Russia, or a current that proclaimed Kostroma the new and, it seems, the only true Jerusalem, in an apocalyptic sense, of course, which in its spiritual scale was probably not inferior to the Bogomils, shakers, Mormons, or else and the whole Reformation in potential. In Western Europe, every more or less convex nuance of the history of a state or region (even if it is a small San Marino) is overgrown with almost a dozen institutions, not always state ones, by the way, in which almost every sneeze and step of very ambivalent historical subjects in a broad sense is studied. Especially in the young, but very pretentious America of the United States, which embodies all world justice. In our country, for example, even many leading humanitarian specialists do not realize the spiritual value of the Ipatievsky MONASTERY. The Russian writer Boris Shiryaev, who died quite a long time ago and in a very far abroad, devoted a special part of his documentary and artistic epic of wanderings "The Inextinguishable Lampada" to an entertaining and instructive, tragic fate of a kind of village monarchy in some Villages of the Kostroma province (I could not identify the area, and, frankly, I did not really try) in the early years The Soviet government. At the same time, all Russians learn about the French emperor Napoleon almost with their mother's milk how many percent of cyanide potassium was found in his hair, they reflect on Lermontov's "Airship" (probably, just not to "memorize" the imposed "Borodino" by heart). The events, of course, are incomparable, but the fact is significant. The outstanding national artist (if not to say a thinker of the Chesnyakov level) Grigory Pavlovich Kusochkin was glorified wherever, in whatever catalogues he was not included. Paris, London, New York, St. Petersburg, Moscow... To look at some smear of luminaries like Picasso or Modigliani, international tourist routes are organized in the restaurant toilet using the finest marketing technologies, and we did not even know Grigory Pavlovich by sight until, thank God, a series of TV shows on all Russian channels was dedicated to him in one gulp. Why is this happening? Is it a consequence of poverty or the result of the conscious policy of the ruling elite of the country and the world? The regions of the Kostroma Region are Austria, Switzerland, Bavaria, Armenia, Moldova, and Georgia... Georgia! I served in the army there. In this small but very great country, judging even by the appearance of its President Shevardnadze, although it is smaller than the Kostroma region, there are so many different, but Georgian-speaking peoples! Kakhetians, Meskhetians, Imereti, Iveretians, Mingrelians, Khevsurs... Adjarians (mostly Georgian-speaking Muslims) even have their own autonomy. And some peoples are not Georgian—speaking at all — South Ossetians, Abkhazians, Kurds, Armenians, Greeks, even Assyrians. In the Kostroma Region, and in any Russian "province" — not much less: there are plenty of the same Georgians or Armenians everywhere, quite moderate, loyal, and so on. Having, as a rule, their own officially registered associations within the framework of cultural autonomy. Well done! And Israel! He is the only one with all his "illegal" (and I am for the fact that every nation knows better where its ancestral lands are) territories half the size of the Kostroma region. The total number of Jews worldwide, according to the "Soviet Encyclopedic Dictionary" in 1987, is about 14 million. Meanwhile, the fate of Israel is being preoccupied (it is very instructive how he achieved this!) all the united nations of the world. In the Kostroma Region and its diaspora, it seems to everyone, and especially to its semi-migrant, Varangian leadership. I don't care if they build a public atomic bomb here in the form of a nuclear power plant or not. Because they do not know the value of this land, the greatness of its spirit. Kostroma is a holy land. I will immediately make a reservation that by Kostroma I mean not only the modern region, but the entire area that has ever historically been associated with Kostroma. The USSR is also a part of the great historical Russia. In this sense, even the entire era of the Russian Romanov Empire is the Kostroma region. Or: many toponymic objects of our native land are called mysteriously beautiful: Sharya, Shunga, Shekshema, Sholezhka, - we need to find out what kind of peoples — and where are they now? — we left such euphonious archetypal combinations, because these are our Kostromsky peoples, these are our Kostroma people. Or, say, the classic of American and world sociology Pitirim Alexandrovich Sorokin writes in his autobiographical scientific novel "The Long Way" that he studied at the Khrenovskaya (what a strong word!) teachers' seminary of Kostroma province, but in an administrative row for propaganda activities, gendarmes were taken by sledge to the prison of the city of Kineshma - is this not a fact for Kostroma, and primarily for him, local history, although Kineshma has long been attributed to the Ivanovo region, and Pitirim Alexandrovich is buried on the other side of the planet?! I have not the slightest doubt that Kostroma provided spiritual food, gave birth to and nurtured a huge intellectual diaspora with extremely valuable material on a national, global scale. And this is both in direct and indirect order, in the form of a chain reaction. Apparently, it is easy for an intelligent person to grow up in Kostroma, but it is impossible to live, and somewhere on the contrary. Therefore, it is not surprising that the geneticist academician D. K. Belyaev, who was born in the village of Protasov near Nerekhta, very close to Kostroma, glorified Moscow and Siberia with his discoveries and practical results, which immeasurably enriched the Soviet state treasury with foreign exchange income from the sale of the most valuable fur grown according to the biotechnology developed by him in a much shorter time than it usually turns out in nature. And in Kostroma, most likely, few people know who he is and what he is famous for. I will focus in more detail on one of the aspects of his great life. This happened back in the so-called pre-Perestroika times. In a series of his speeches, Dmitry Konstantinovich, based on the results of his and colleagues' research, emphasized, in his opinion, the determining role of the biological factor in shaping the content of human essence, of course, only in a philosophical, conceptual aspect. For some reason, this was opposed by a geneticist, as they say, persecuted at one time by the "senile" in selectionism (including human nature) by the Michurino-Lysenkoists, academician N. P. Dubinin, which personally remains incomprehensible to me until now. With a grateful curtsey to Academician Dubinin and his point of view, the famous French humanist, member of the Politburo of the French Communist Party Lucien Sav appeared on the pages of the Communist magazine. The material was clearly titled: "Problems are not only scientific, but also political." He very indecently attributed the views of academician Belyaev to "a reactionary ideology that tries to put genetics at its service, and more broadly, biology, in order to present all kinds of social inequalities of all kinds as inherent in nature itself"(1). I would like to see any ideology that does not try to "put this or that at its service," much less something worthwhile... A little later, the editorial of the Communist hit the "biologizers", and soon Dmitry Konstantinovich was gone. In short, it is only on the example of our fellow countrymen that you can write interesting, world-class essays on science and its history, but instead our scientists should fit their global potencies into a page and a half (good yet. if not entirely at their own expense), and then for at least three years to guess whether they will be published or not. Now it no longer surprises me how at one time, when, after reading the listener card I filled out, the sweetest girl from the IPKPON office at USU congratulated me for something. It turned out that the dean of the Faculty of Philosophy of USU, doctor, professor, Honored Scientist, and now academician Konstantin Niko-laevich Lyubutin is a countryman, Kostromsky, or rather Manturovsky by origin, as I write below in the notes — we are Kostromendors. To him, my fellow citizen in the most subtle micropatriotic dimensions, I owe a lot in my professional and social development, even in survival. Because that's how it often turns out: you can be born here, sometimes you can live here... It's very hard. Maybe the Kostroma origin of an outstanding Russian historian of philosophy, organizer of science and education, educator and friend of a galaxy of people devoted to the Motherland and the cause is not a great milestone in the history of the region, but name me at least a dozen Russian cities on the scale of Kostroma, from where such intellectual ones would come out into the world and light luminaries like ours. No matter who you take from the world significance of the pillars of national (and world, and foreign, - even the great Rabbi of Lubavitcher spent three years in exile in a Campfire, — I learned from some foreign voices) history, literature, culture in general, technology, science and so on - you will always find someone, which is very directly related to Kostroma. Pushkin, Lermontov, Gorky. Alexander Nikolaevich Ostrovsky, Pisarev, Uspensky, Katenin, Florensky, Savrasov, Kustodiev, Dyagilev, Mikhalkov, Alexander Alexandrovich Zinoviev; writers, artists, entrepreneurs, revolutionaries, inventors, politicians... In some world-famous for its classic Russian provincialism, Kologriv has been storing, figuratively speaking, unique sketches, if not of Leo-Nardo da Vinci himself, then certainly of his school, almost since the seventeenth century. And not only that. Nevertheless, the well-known Chukhloma to the Fatherland, in addition to thinkers of the rank of Rozanov and Zinoviev (where should domestic philosophers mature and not be born, if not in Chukhloma, Manturov or Khrenknowswhere?), gave an actor of amazing, national, originality — Mikhail Pugovkin, who can not be confused with anyone, a role that no one will repeat. (shrink)

Herein we examine the theory and practical limits of designing a voluntary incentive scheme to protect endangered species on private land. We consider both an ay-ante scheme, in which a contract to the landholder depends only on what the landholder reports, and an ay-post scheme, in which a contract to the landholder depends on reports from all landowners. Except in special cases, the ex-ante scheme never implements the full information allocation, and can actually set aside too much land. (...) In contrast, expected habitat size under the ex-post scheme is smaller than both the ex-ante and full information allocations. (C) 2001 Elsevier Science (USA). (shrink)

While Spain was conquering new lands in the Americas, foreigners arrived into their own—the Gitanos. Spain imposed a double-standard whereby their crossing into new, occupied, territory was legitimate, but the entry of others into Spanish territory was not. I compare and contrast these historically parallel movements of people using Deleuze and Guattari’s taxonomy of movement. I conclude that the double-standard of movement was due to differences of power between these two groups, understood in terms of material conditions, a prototypical “racial (...) contract,” and differences in the relationship to land and space. This history and analysis of colonial Spain is a critical start for Latin American postcolonial theory; it gives us a framework to study philosophies of migration and nomadism; and finally, it introduces the Gitanos as an important population to complicate critical race theory or theories of ethnicity. (shrink)

The Build-Operate-Transfer (BOT) model is a financing model used especially in the financing of infrastructure projects in developing countries. It is one of the most common methods used by the countries to provide non-budgetary financing. The fact that becoming popular in the world as of the 20th Century, this model started to be implemented in the Islamic countries created the need for examining the model in terms of Islamic law. No substantive studies have been conducted on this matter in Turkey. (...) In the Arab world, the first significant development in this regard was the 23rd Term meeting of Al Baraka Group organized in Mecca in November 2002. Next, the Islamic Fiqh Community, which operates under the Organization of Islamic Cooperation, organized a meeting about the BOT model in 2009. At this meeting, ten experts from different countries presented papers on the BOT model, and a final declaration was announced at the end of the meeting. After this meeting, some independent studies were carried out on the BOT model. However, it was observed that these efforts did not reach a sufficient level, and generally remained within the framework of the papers presented at the meeting. The BOT model is a model that takes place in the form of the transfer of the facility to the relevant public institution or organization free of charge at the end of the period after the depreciation and profit of the invested capital are realized. All expenses are covered by the private enterprise. The public service or activity is operated for a certain period of time by the private enterprise. It was observed that the studies on the BOT model in Turkey mainly dated back to the last quarter of the Twentieth Century. In this context, the Law No. 3996 about the BOT model was enacted on 08 June 1994 in Turkey. Today, the BOT model is actively used in many areas, and the delivery of the service begins after the projects are completed. The BOT model has three main successive stages. In the first stage, the project is completed with the financing of OGS. In the second stage, the operating right of this project would be awarded to the investor in accordance with the contract. In the third stage, the ownership of the facility would be transferred to the relevant public institution. The BOT model was discussed in terms of Islamic law, firstly in general and then in terms of the interests and convictions. The BOT model contains many interests in terms of both the state and the society. In addition, it has certain disadvantages. There are many reasons and aims in selecting the BOT model. The most important of these reasons is the continuation of the projects and the required work without imposing a burden on the public budget. Islamic law has a structure that prioritizes public interest. In this context, the state must observe the public interest in its operations. In the BOT model, the existence of public interest is particularly notable with the projects implemented in the fields of hospitals, roads, bridges, airports and etc. Islamic jurists have different opinions regarding the contracts administered in the BOT model. Some of them consider this model as a new contract that does not exist in the tradition, while others compare it to a traditional contract. The analogies of the traditional contract have been compared to leasing, payment, foundation, fief, corporate (with partnership) and exception contracts. Others, on the other hand, considered the BOT model as an atramentous contract combining several different contracts. It seems difficult to argue that the BOT model is completely similar to any of the classical fiqh contracts. However, as a result of the BOT model, it is considered an agreement with a company to conclude a contract; therefore there is a more prominent similarity to an exception contract. Nonetheless, it is not possible to say that the BOT model fully complies with the traditional exception contract. As a matter of fact, while there is no time determination in the exception contract, the time is determined in the BOT model. In the exception contract, while the material must be completely covered by the private sector, in the BOT model, issues such as the right to land and building construction are covered by the employer. In addition, the classical exception contract does not contain many contracts as in the BOT model; and it is an agreement in which the fee is presented and terminated after the order is placed. Nonetheless, the BOT contract includes three basic contracts (construction-operation-transfer) as well as many contracts related to these contracts. Finally, considering that the BOT model was a contract, the issues in the context of the basic elements that should be included in a contract were discussed in this study. In addition, situations such as ignorance, gharar and interest in terms of affecting the validity of the contract were discussed and dealt with in terms of the BOT contract. (shrink)

Good things come to those who wait. In this case, the waiting period was just a bit shy of the amount of time that the ancient Israelites had to spend in the desert before entering the Promised Land. But now, over thirty years after the appearance of the first volume of Edwin Curley's English edition of the "collected works" of Spinoza—and almost fifty years since the signing of the original contract with Princeton University Press—we have been magnificently rewarded. Volume (...) 2 is, like its predecessor, a major scholarly achievement; something for which we should all be grateful.1 The second volume, which contains the Theological-Political Treatise, the Political Treatise, and the remainder of the correspondence... (shrink)

THE SUBJECT MATTER of this essay is Locke's well-known discussion of consent in sections 116-122 of the Second Treatise of Government.' I will not be concerned to discuss the place of consent in Locke's political philosophy 2 My concerns are somewhat narrower than this. I will simply be concerned to show that in important respects several recent discussions of Locke's political philosophy have misrepresented Locke's views on the subject of express and tacit consent. At theheart of these misinterpretations lie misunderstandings (...) about the way in which landownership and the inheritance of land are related to express and tacit consent. I will show that these misinterpretations of Locke's views are, to a certain extent, indicative of internal strains that can bediscovered in Locke's arguments. My discussion will fall into four sections. In the first I will try toclarify Locke's views on the nature of express consent. I will show that Locke's views on this matter, when examined in their historical context, are not as obscure as some critics have suggested. In the second section I will examine Locke's views on the nature of tacit consent. I will be especially concerned to examine the relationship between landownership and express and tacit consent. In the third section I will look at Locke's views on the inheritance of land and how it relates to express and tacit consent. I will show that his views on this matter are not entirely consistent. In one passage Locke suggests that inheritance of land requires only tacit consent whereas, in another passage, he suggests that inheritance of land requires full membership of society and express consent. In the fourth and final section I will summarize the salient features of my interpretation of Locke's views on the subject of express and tacit consent. I will also briefly note interpretations of Locke's views that have been rejected in the course of this essay. . -/- . (shrink)

The nineteenth century was a period of unprecedented productivity in the world, occasioned by the widespread development and practice of contract and voluntary exchange. For the first time in history, man began to cease, like other animals, to be essentially predatory on his environment, despoiling and exhausting it, and began instead to make it progressively more productive and more able to support his own kind. Thomas Robert Malthus lived well into this productive century, but his thinking remained in the past, (...) as did that of his contemporary, David Ricardo, and his successors, the Classical Economists, including even J.S. Mill. In this essay Spencer Heath carefully refutes Ricardo’s argument in support of Malthus and stresses the importance of understanding man not in terms of his animal nature, but in terms of his uniquely human potential; that is, his evolving, creative nature. (shrink)

Agriculture in the Netherlands is a critical industry, in terms of both its share of available land and its importance to the Dutch economy. Cultural-technical improvements and intensification of land use have resulted in increased productivity, but have also threatened vulnerable and valuable natural habitats and landscapes. TheRelatienota, a government report issued in 1975, introduced an environmental policy implemented by regulation in 1983 and 1988. Under this policy,Relatienota areas (management areas and reserves) are established. Farmers in management areas (...) voluntarily enter private contracts (management agreements) with the government, in which they promise to tailor agricultural production to nature and landscape conservation. By compensating farmers for activities that maintain existing natural conditions, management agreements provide the incentive for extraordinary efforts to protect agricultural environments for valuable plant and animal species. Particularly sensitive natural areas, where environmental values are incompatible with economic farming, are identified as reserves, and the land is purchased for specialized management.AlthoughRelatienota policy has been implemented on a limited number of hectares, it is an important component of the efforts in the Netherlands to protect and preserve vulnerable natural areas. As a model of negotiated cooperation between government, farmers, and nature protection interests, its success may encourage other nations in the Economic Community to use private contracts to further societal goals. (shrink)

Rousseau’s story about Emile having his first moral lesson in property rights by planting beans in a garden plot has educationally been discussed from various perspectives. What remains unexplored in such readings, however, is the connection of the theory of the natural learner with the Lockean rationalization of appropriation of land through cultivation. We will show that this connection forms the subtext of the ‘beans’ episode and grounds the rich and complex textual operations that give to the episode a (...) strong political character. The aim is to unearth the common, colonial cause that the ideas of the natural learner, property as original relation to land and contractuality may make in Locke-inspired, early modern pedagogy and to explore the ambivalences in Rousseau’s text that are thus created. (shrink)

In Europe, an increasing share of public subsidies for food production is being transferred towards the production of goods and environmental services. Today, farmers hesitate between the quest for technical and economic performance, which has been the paradigm of their professional activities since the 1960s, on one hand, and taking account of the environmental concerns that have been imposed since the middle of the 80s, on the other. Is it possible for farmers to continue to work according to the paradigm (...) of the producer of agri-food goods, and how do they react to the ecologization of their activities? In this paper, we will see the difficulties and sources of tension induced by landscape maintenance in the daily professional practice of the farmers. We will see that the professional identity of the farmers is profoundly brought into question by these changes (substitution of strictly “agricultural issues” by more general concerns such as “rural issues,” substitution of the farmer by the “ecologized” peasant...). The topic of landscape reveals social strains between farmers. It also raises the question of the legitimacy of farmers to define the sense of their activities by themselves. Finally we will see that environmental orientations do not systematically open up new prospects for all farmers; they sometimes contribute to increase the inequalities between farmers (financial support proportional to land property, marginalization of farmers who are less socially integrated...). (shrink)

This paper highlights the role of Lewis’ Principal Principle and certain auxiliary conditions on admissibility as serving to explicate normal informal standards of what is reasonable. These considerations motivate the presuppositions of the argument that the Principal Principle implies the Principle of Indifference, put forward by Hawthorne et al.. They also suggest a line of response to recent criticisms of that argument, due to Pettigrew and Titelbaum and Hart, 621–632, 2020). The paper also shows that related concerns of Hart and (...) Titelbaum, 252–262, 2015) do not undermine the argument of Hawthorne et al.. (shrink)