Land tenure relations have both social and environmental implications, ranging from potential power issues to land stewardship. Drawing upon survey data of landowners collected in the Great Lakes Basin of the U.S., this study builds upon existing research by examining absentee landlords of agricultural land—a vastly understudied but growing category of landowners. By furthering analysis on gender dynamics in the landlord-tenant relationship, the study findings augment Gilbert and Beckley’s (Rural Sociology, 1993) suggestion that subordinate landlord-dominant tenant relationships (...) may be a pattern and contribute to understanding the nuances that co-ownership potentially plays in these relationships. (shrink)

In many high-income countries, agricultural land is highly concentrated in a few hands, but detailed knowledge of ownership structures is limited. We examined land ownership structures and agricultural land concentration for the entire state of Brandenburg, Germany (1.3 million ha), using cadastral and company network data. Our aim was to characterise all landowners, analyse the degree of ownership concentration, and examine the role of the largest landowners in more detail. We found a high fragmentation of ownership among 185,000 (...) different owners. Most of the land was owned by individuals not active in agriculture and only a third of the land was owned by farmers and other agricultural actors. Absentee ownership covered a quarter of the land. Ownership concentration was low to moderate in most regions and reached high levels in only a few areas. The largest owners were public institutions, private investors and nature protection institutions. Areas where public institutions owned a lot of land showed high concentrations, but also some areas where private landowners owned a lot of land. In summary, our analysis provides rare information on the concentration of agricultural land ownership in a large region. Such analysis facilitates better justification and design of policies that regulate agricultural land markets. (shrink)

People sometimes disagree about who owns which objects, and these ownership dilemmas can lead to costly disputes. We investigate the cognitive mechanisms underlying people's judgments about finder versus landowner cases, in which a person finds an object on someone else's land. We test psychological hypotheses motivated directly by three major principles that govern these cases in the law. The results show that people are more likely to favor the finder when the object is in a public space compared to a (...) private space. We find mixed support for the hypothesis that people are less likely to favor a finder who is employed by the landowner. Last, we find no support for the hypothesis that people are more likely to favor finders for objects located above ground compared to below ground. We discuss implications for psychological theories of ownership and potential applications to property law. (shrink)

Although Marx dubbed landowners one of the ‘three great classes’ of modern society, the most prominent Marxian and socialist thinkers of capitalism and land over the past century – from Lefebvre to Massey to Harvey – have implicitly or explicitly argued that landowners are not capitalism’s ‘third class’, and that the social relations of land are marginal or contingent to the mode of production as a whole. Through assessing the work of Marxist geographers, political economists, value-form theorists, and (...) others who have dismissed the class-status of landowners and blurred the line between ground rent and interest, this article argues that the theory of the landowning class is fundamental to the understanding of the totality of capitalist social relations, as well as to developing more incisive analyses of struggles around housing, land, and movement today. (shrink)

This paper considers the roles and definitions of expert and lay members of ethics committees, focussing on those given by the National Research Ethics Service which is mandated to review all research conducted in National Health Service settings in the United Kingdom. It questions the absence of a specified position for the ‘professional ethicist’ and suggests that such individuals will often be lay members of ethics committees, their participation being a reflection of their academic interest and expertise. The absence of (...) a specified position for professional ethicists and the concomitant but implicit denial of ethical expertise appear to be an anomalous state of affairs if one considers that the training offered to members of ethics committees is often delivered by academic ethicists. It is suggested that this is based on a misunderstanding of the concept ‘ethical expertise’ and that properly understood the ethicist can assist the work of ethics committees by drawing on their expert knowledge. (shrink)

Abstract:Private land is vitally important to land conservation efforts, but access to private landowners is a challenge for researchers. This paper studies the preferences and concerns of such landowners on the rural-urban fringe of Stafford County, Virginia. Participatory research and interviews with 53 private landowners show that conservation is deeply embedded within key social, moral, cultural, and political contexts, including a divide between long-term and newer residents. Successful conservation requires such social knowledge. It is argued that landowner (...) skepticism about local government points towards joint strategies between local government and partner groups. Land conservation should be framed as an affirmation of—not limitation on—property rights since urban fringe landowners are likely to see such rights as under attack. Conservation also presents an opportunity for community building in rapidly urbanizing areas. (shrink)

Many studies have addressed the justice of public land acquisition, but few studies have addressed the question of what landowners perceive as just. Individual perceptions drive an important part of the social and scientific debates on legitimate and just land acquisition. This article addresses this gap by studying landowners’ and land purchasers’ perceptions of just land acquisition. We did this by uncovering the prevailing discourse on just land acquisition and studying the values that shaped people’s perceptions of just (...) land acquisition. The results showed that perceptions of justice are based on the values of lawfulness, decentness and equality. These values were translated into different norms that resulted in expectations pertaining to just land acquisition. Insight into the different perceptions and the prevailing discourse of just land acquisition and their underlying values increases the understanding of land acquisition processes and land policy strategies. First, it becomes apparent that land acquisition has an essential element of injustice that cannot be avoided by a good process or a just compensation fee. Second, insight in different discourses provides valuable input for debates on just land acquisition. Third, such insight shows that money is not always a sufficient means of indemnification. The combination of sufficient financial compensation, the opportunity of a new location, attractive selling conditions and accurate and open process are all important requisites to ensure that public land acquisition is perceived by the majority of landowners as just. (shrink)

Democracies that appoint legislators through elections in territorially defined, sub-national constituencies and simultaneously enfranchise expatriate citizens must either assign expatriate voters to in-country constituencies (assimilated representation) or group them into distinct overseas constituencies that elect their own legislators (discrete representation). This essay critically reviews extant normative discussions of the two models and develops a normative analysis of its own. This suggests that when expatriates form but a small part of a democracy’s overall demos, discrete representation is the more attractive model (...) of expatriate representation as it overall better satisfies four important standards of evaluation, namely: equal opportunities for political influence, deliberation within the legislature, deliberation among constituents, and partisan voter mobilisation. This argument is also defended against the potential objections that the said standards can be satisfied by other means than discrete expatriate representation and that the defence of discrete expatriate representation implies a proliferation of special constituencies. (shrink)

This paper provides an analysis of U.S. farmland owners, operators, and workers by race, ethnicity, and gender. We first review the intersection between racialized and gendered capitalism and farmland ownership and farming in the United States. Then we analyze data from the 2014 Tenure and Ownership Agricultural Land survey, the 2012 Census of Agriculture, and the 2013–2014 National Agricultural Worker Survey to demonstrate that significant nation-wide disparities in farming by race, ethnicity and gender persist in the U.S. In 2012–2014, White (...) people owned 98% and operated 94% of all farmland. They generated 98% of all farm-related income from land ownership and 97% of income from farm owner-operatorship. Meanwhile, People of Color farmers were more likely to be tenants rather than owners, owned less land, and generated less farm-related wealth per person than their White counterparts. Hispanic farmers were also disproportionately farm laborers. In addition to racial and ethnic disparities, there were disparities by gender. About 63% of non-operating landowners, 86% of farm operators, and 87% of tenant farmers were male, and female farmers tended to generate less income per farmer than men. This data provides evidence of ongoing racial, ethnic and gender disparities in agriculture in the United States. We conclude with a call to address the structural drivers of the disparities and with recommendations for better data collection. (shrink)

The traditional Lockean account of a state's territorial rights construes them as arising from, and coextensive with, the property rights of whichever set of landowners mutually contract to form that state. The coherence of this individualistic account has recently been challenged by Cara Nine. I argue that the reasons offered in support of that incoherence charge are unpersuasive.

This study empirically assesses the extent to which intrinsic value theories of nature are accepted and acknowledged outside the realm of academic environmental ethics. It focuses on twenty of the largest landowning organisations in England, including both conservation and non-conservation organisations and investigates the environmental philosophical beliefs and values held by representative individuals of these groups. An in-depth interview was held with a representative from each organisation. The interviews were analysed using qualitative data analysis software and the results compared against (...) a backdrop of academic philosophical positions. The study found that an ecocentric position which acknowledges nature's intrinsic value was adopted by the majority of respondents, both from conservation and non-conservation organisations. However, it was also found that individuals felt the idea of nature's intrinsic value was generally not reflected in organisational policy. (shrink)

Property and sovereignty are often used as models for each other. Landowners are sometimes described as sovereign, the state’s territory sometimes described as its property. Both property and sovereignty involve authority relations: both an owner and a sovereign get to tell others what to do — at least within the scope of their ownership or sovereignty. My aim in this Article is to distinguish property and sovereignty from each other by focusing on what lies within the scope of each. (...) I argue that much confusion and more than a little mischief occurs when they are assimilated to each other. The confusion can arise in both directions, either by supposing that property is a sort of stewardship, or that sovereignty is a large-scale form of ownership. One of the great achievements of modern political thought is recognizing the difference between them. (shrink)

Many indigenous communities were dispossessed of their land during the period of colonial rule. This long process resulted in forced demographic removals and perennial poverty. Nowadays these communities, especially Third World groups, seek redress of this situation through legal processes of land restitution. This process is met by resistance from landowners in these countries, the colonial powers of old, as well as from big corporations that benefited from the dispossession. The investigation undertaken in this article addresses the ethics of (...) land reform from a Christian ethical perspective. The policy of land restitution in South Africa is used as a case study, but the results of this research are also applicable to other parts of the world where land restitution is considered. The article first evaluates the biblical teachings of land and land reform and their implications for modern ethics. In the light of these issues, the article addresses the question of whether land ownership can be considered as a fundamental human right. The article also focuses on the legality of expropriation and dispossession of land for the purposes of restitution. Moreover, guidelines for fair and legal restitution within the context of Christian ethics and legal philosophical principles are proposed. (shrink)

[First paragraph]: On Wednesday, June 8, 2011, UK’s The Guardian reported that numerous US universities including Harvard and Vanderbilt were invested in companies that were buying large tracts of African farmland and kicking off the indigenous farmers in order for their employees (mostly non-Africans) to grow cash crops to sell to Europe.1 Harms associated with this land-grabbing include, in addition to the evictions themselves, corruption among African governments and among absentee African land owners, increased food prices, and accelerated climate (...) change. (shrink)

This paper offers an original reading of Du Bois’s Black Reconstruction that highlights how the knock down effects from Reconstruction’s failures contributed to the U.S. imperial trajectory. The coalition between the industrial North, Southern landowners, and white workers ended the promise of racial emancipation advanced by Black freedmen and the Freedmen’s Bureau. The gains from the resubjection of Black freedmen and women; the development of a national identity based racial hierarchy and an attachment to material wealth, and the racialized (...) militarism of the South, Du Bois argues, underpinned the imperial pursuit of material wealth through violent means. The consolidation of white identity around technological ideals and militarism led Du Bois to revise his account of democratic education (redirecting it to critique capitalism and soulless technology) and to reach transnationally for emancipatory solidarity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Some Ideas Concerning Stephen Phillips' Jewel of Reflection on the Truth about Epistemology:A Complete and Annotated Translation of the Tattva-cintā-maṇiEberhard Guhe (bio)Stephen Phillips' Jewel of Reflection on the Truth about Epistemology (see Phillips 2020) is surely a landmark achievement in the realm of research on Navya-Nyāya. It is a work of reference not only for specialists but also for a broader audience of philosophically interested readers. Phillips has demonstrated (...) his expertise on Nyāya in general in many previous publications. At present, there is probably hardly anybody else who would have been better qualified to accomplish the mammoth task of translating and elucidating such a complex and voluminous Sanskrit work as the Tattvacintāmaṇi. It should however be noted that there is another edition and annotated translation of the Tattvacintāmaṇi (excluding the Upamānakhaṇḍa) by V.P. Bhatta (see Bhatta 2005, 2012, 2021), which is rather addressed to specialists, who are proficient in Sanskrit. The two volumes on the Anumānakhaṇḍa were published in 2021 (one year after the publication of Phillips' three volumes). Considering the enormous size of such a book project, the result cannot be expected to be completely flawless. The present review focuses on the introduction in volume 1 and on volume 2. I will address some minor issues, primarily methodological ones, but I will also address a few more serious (albeit surely accidental) translation errors (especially in the Siddhāntalakṣaṇa-section of the Vyāptivāda), which can lead to a misunderstanding of Gaṅgeśa's stance on a pivotal topic of the Navya-Naiyāyikas, namely the correct definition of the concept of pervasion (vyāpti).IThe introduction is very insightful. However, logicians will probably stumble over Phillips' methods of formalization. Some examples are given below. [End Page 498](1) The language of Phillips' formalizations looks a bit like a first-order language. Thus, for example, he uses "Ha" as a formal equivalent of the sentence "The mountain is smoky" (see vol. 1, p. 18). An obvious deviation from first-order conventions consists in the fact that Phillips uses at least two types of negation. Propositional negation is expressed by means of the symbol "~" (see vol. 2, p. 668; unfortunately, this symbol is not mentioned in vol. 1, pp. 18–19, where Phillips introduces his formalization techniques). Moreover, Phillips uses the negation symbol "¬," which he applies to capital Roman letters, in order to express a kind of term negation. Thus, for example, "¬H" may serve as a term referring to "the absence of the probans" (vol. 2, p. 623). To be precise, the type of absence which "¬H" refers to is a so-called "relational absence" (saṃsargâbhāva). Phillips formalizes the so-called "mutual absences" (anyonyâbhāva) differently (see below).Although "¬Hc" (see vol. 1, p. 18) looks like an ordinary first-order wff, it should more accurately be read as "The absence of H is located at c." Properly speaking, we should then also read atomic wffs like "Hc" as "H is located at c," where "H" should not be regarded as an expression of a predicate like "… is smoky," but rather as a general term, that is, as a formal counterpart of expressions like, for example, "smoke."Unfortunately, Phillips renders the meaning of wffs of the form "¬ϕx" not as "the absence of H is located at x," but in a somewhat simplified manner, which obscures the fact that he treats the negation symbol "¬" as a means to express a term negation: "And negation is term negation, not propositional negation [author's note: as we have just seen, this is not true of all kinds of negation which Phillips refers to in his formalizations, since he uses the "~" in a different sense]; thus, the negative sign '¬' in '¬ϕx' is defined as 'ϕ is absent at x'" (vol. 1, p. 19).Moreover, the use of different kinds of letters for the variables in "¬ϕx" (Greek and Roman) seems to suggest that the absentee should always be the referent of a general term. However, expressions of the form "the absence of a is... (shrink)

Centered on the collection of pre-conquest antiquities formed by Miguel Garcés, a Puno landowner and antiquary, this article studies the creole antiquarian landscape of the Southern Andes over the late 1800s and early 1900s. Historians have commonly taken the fact that many of the area's private collections were later sold to museums abroad as a testament to this antiquarian landscape's fragility and precariousness. This article argues that the collections' very volatility, dissolution, and mobility also, somewhat paradoxically, contributed to their centrality. (...) Indeed, many of these collections from “provincial” Peruvian and Bolivian localities would leave a decisive mark on the period's most visible museums of Americana in metropolitan centers—by their sheer scale and number, but also through their composition, prestige, and aesthetic appeal. The article thus contributes to an ongoing rethinking of the histories of anthropology and archaeology more broadly—by making visible Hispanic American contributions and the ways in which they were subsumed by, and constitutive of, the very “core” of these fields. The Southern Andes, the article holds, ought to be seen in many ways as a center, not a periphery, of Americanist learning, collecting, and display. (shrink)

This paper argues that existing food security and food sovereignty approaches are inadequate to fully understand contradictory human development, nutrition, and productivity trends in Nepalese small-scale agriculture. In an attempt to bridge this gap, we developed a new food wellbeing approach that combines insights from food security, food sovereignty, and social wellbeing perspectives. We used the approach to frame 65 semi-structured interviews in a cluster of villages in Kaski district in the mid-hills of Nepal on various aspects of food security, (...) agriculture, off-farm livelihood opportunities, and women’s wellbeing. Our results indicate that context-specific subjective and social relational factors highlighted by the food wellbeing approach are key to understanding a paradox of increased food security, yet decreasing sustainability of small-scale agriculture. Increased levels of male out-migration and opportunities for local off-farm work have increased local capacity to purchase food. The positive consequences for food security are indicated by evidence that households with non-farm income sources had better food sufficiency, absorption capacity, nutritional quality, and stability of food supply. These off-farm employment opportunities have also led to the greater involvement of low caste groups and women in small-scale agriculture. This has been empowering for both groups and led to an increase in wellbeing, particularly for those women who have become de facto heads of household. Yet, small landholdings, persistent patterns of unequal and absentee land ownership, sharecropping, women’s overwork, and the aspirations of low caste farmers and women away from agriculture are simultaneously driving the erosion of local small-scale agricultural productivity and ecological sustainability. (shrink)

Since the Restitution of Land Rights Act 22 of 1994 came into operation, courts have come to attach considerable significance to historian expert testimony when ruling on land claims that made it to court. Therefore, a universal approach had to be adopted. Over the years the Supreme Court of Appeal and Constitutional Court have developed tried and tested methodologies to aid the courts in determining the weight and admissibility of a witness' testimony. In the Salem Commonage case, both the Land (...) Claims Court and the majority of the Supreme Court of Appeal deviated from these precedents by adopting arguably a broader interpretation of the Act than intended. The case is unique in the sense that the dispute involves a commonage that was subdivided via a court order in 1940, resulting in the removal of the remaining black African population from that land. The question therefore was whether or not this group of people fulfilled the requirements for a valid claim as set out in the Act. The Land Claims Court and Supreme Court of Appeal felt that it had. The landowners applied for leave to appeal to the Constitutional Court. The application was granted, but in his judgment, Edwin Cameron agreed with the rationale of both courts, and held that there was a valid claim. This was despite the fact that the testimony of the claimants' 'star witness', Msile Nondzube, was heavily criticised by the landowners as well as a Supreme Court of Appeal judge. The Constitutional Court emphasised that the Act was an extraordinary piece of legislation and had to be interpreted in such a way so as to address the injustices of the past. This included provisions of the Act which dealt with how oral and expert evidence would be dealt with. (shrink)

Hailed as the most influential book ever written in favor of freedom, John Stuart Mill’s On Liberty is a contradictory and imprecise work. Mill’s notion of liberty coexists with anti-liberal ideas. He defended the private property of capitalists, but not of landowners. He criticized protectionism, but made an exception for infant industries. He defended competition, but set limits on it. He criticized general public education, but allowed the State to force citizens to study. He defended women and men’s freedom, (...) but not the freedom to choose the number of children they wanted to have, or decide about their education, or bequeath goods to them. He said parting from laissez faire was bad unless it produced some good. This admired friend of liberty could not find the logic in family, marriage, religion, tradition, morality, custom; he saw them only as repressive obstacles to freedom. A book supposedly upholding liberty ignores or disdains natural or pre-legal rights, and directs the bulk of its criticism not against the legal or political power of the State but against the tyranny of public opinion. (shrink)

Historically, land tenure theory tends to present the relationships between agricultural landowners and their renter as either a dominant renter-subordinate landlord relationship where the renter holds the power in decision-making on the land, or a dominant landlord-subordinate renter relationship where the landlord maintains the power over decisions on the land. However, these relationships are much more complex and nuanced, as more recent studies have begun to emphasize. In our study, we contribute to this evolving re-orientation in land tenure theory (...) by showing the varying ways women landowners manage their renter relationship. Using qualitative interview data from 56 women agricultural landowners in the Midwestern U.S., we add detail to the nuances that exist in the landowner-renter relationship, helping to re-orient land tenure theory by increasing the understanding of the power dynamics at play within the patriarchal structure of U.S. agriculture. (shrink)

Following their violent suppression of the Indian Revolution of1857, the British founded and consolidated their secular empire in the IndianSubcontinent, which marginalized and bypassed religion as far as possible,particularly Islam, which had been the official religion of the Mughal ancienrégime. Contemporaneous Ottoman efforts to counter European imperialism ledto Sultan Abdul Hamid II’s policy of pan-Islamism, particularlythe call for Islamic unity against the Russian aggression against Turkey in1877. It was at this critical juncture that some Indian Muslim scholars gallantlyvolunteered to counter (...) this threat, and to preserve the Islamic faith and heritageworldwide, despite the severe problems faced by the Muslims in India itself.This study highlights the role of an eminent scholar in this movement, namelyAllama Shibli Nu’mani, who in 1914 conceived the idea offounding the world-famous Islamic research institute Darul Musannefin ShibliAcademy in his home town of Azamgarh, Uttar Pradesh, India. Shibli was veryactive and instrumental in collecting donations from the wealthy landowners among the Muslim elite in his hometown of Azamgarh for theOttoman cause, raising 3,000 rupees, which was handed to Husain HasibAfendi, the Ottoman Consul in Bombay in 1877. Furthermore, his eloquentpoetry rallied Muslims across India to support the valour and heroism displayedin the jihad by Ghazi Usman Pasha against the Russians. Shibli travelled toIstanbul in 1892 and met with the Pasha, on whose efforts Tamgha-i Majidi was granted to Shibli on 13th Muharram, 1310/7th August, 1892.This article is based on Shibli’s major works in Urdu, particularly his arousingeulogies, Turkish archival reports, newspapers and magazines, andsecondary sources in Urdu and English. (shrink)

Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive? The recent case of Kelo v. New London revitalized the debate, but (...) it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use. (shrink)

Un jour les dieux se retirent. D'eux-mêmes ils se retirent de leur divinité, c'est-à-dire de leur présence. Ils ne s'absentent pas simplement : ils ne vont pas ailleurs, ils se retirent de leur propre présence : ils s'absentent dedans. Ce qui reste de leur présence, c'est ce qui reste de toute présence lorsqu'elle s'est absentée : il reste ce qu'on en peut dire. Ce qu'on en peut dire est ce qui reste lorsqu'on ne peut plus s'adresser à elle ni lui (...) parler, ni la toucher, ni la regarder, ni lui faire un présent. Ce qui reste se divise donc aussitôt en deux : l'histoire et la vérité. L'une et l'autre sont de la même origine et se rapportent à la même chose : à la même présence qui s'est retirée. Son retrait se manifeste donc comme le trait qui sépare les deux, l'histoire et la vérité. (shrink)

This paper focuses upon a long-term strategic approach to tackling school absenteeism and truancy within secondary schools. It utilises a tiered colour-coded concept to monitor the progress of pupils within the groups and subsequently take the appropriate action. The PSCC scheme combines attainment and attendance data collected from pupils' primary schools with monitoring and enhancement strategies within the secondary school. The scheme enables schools to tackle their long-term absentees and erratic attenders as well as those who have learning and/or special (...) needs. Over a five-year period, properly implemented, the scheme has the potential to help to transform the prevailing culture within low attendance schools. The PSCC model utilises school change strategies in a dynamic manner in order to improve the attendance, behaviour and learning support needs of pupils which, in turn, can help to raise standards and attainment levels. It can also help to improve parents' attitudes towards their children's school. Finally, it provides a managerial focal point for staff to combat pupils' absence utilising a whole school approach. (shrink)

The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, (...) additional to and independent of all the component rights standardly associated with the right to private property. A right to destroy is implicit neither in the concept nor in the justifications of property rights, as they are standardly conceived. Conservationist policies cannot, therefore, properly be opposed on the grounds that they would necessarily violate people's property rights. (shrink)

The “good farmer” literature, grounded in Bourdieu’s concepts of field, habitus, and capital, has provided researchers with a socio-cultural approach to understanding conservation adoption behavior. The good farmer literature suggests that conservation practices may not be widely accepted because they do not allow farmers to demonstrate symbols of good farming. This lens has not been applied to the adoption of conservation tillage, a practice increasingly used to improve conservation outcomes, farming efficiency and crop productivity. Drawing from in-depth interviews with dryland (...) wheat farmers in the US inland Pacific Northwest, this research seeks to understand how farmers’ engagement with CT is shaped by identity as a good farmer. Some farmers also sought to bolster social capital through CT by maintaining and strengthening relationships with peers, landowners, and future generations. We further found that engagement with CT provided a link for some participants between productivist values and stewardship values within the good farming identity. The findings from this research may help contextualize the barriers and opportunities to the adoption of agricultural conservation practices within farmer-specific social, cultural, and economic forms of capital. (shrink)

The historical antecedents of Garrett Hardin’s “tragedy ofthe commons” are generally understood to lie in the common grazing lands of medieval and post-medieval England. The concept of the commons current in medieval England is significantly different from the modem concept; the English common was not available to the general public but rather only to certain individuals who inherited or were granted the right to use it, and use of the common even by these people was not unregulated. The types and (...) in some cases the numbers of animals each tenant could pasture were limited, based at least partly on a recognition of the limited carrying capacity of the land. The decline of the commons system was the result of a variety of actors having little to do with the system’s inherent worth. Among these factors were widespread abuse of the rules governing the commons, land “reforms” chiefly designed to increase the holdings of a few landowners, improved agricultural techniques, and the effects of the industrial revolution. Thus, the traditional commons system is not an example of an inherently flawed land-use policy, as is widely supposed, but of a policy which succeeded admirably in its time. (shrink)

The notion that immigrants have a right to immigrate to the U.S. appears to conflict with the government’s or citizens’ property rights. Michael Huemer has given one of the most interesting and provocative arguments on immigration in years. It turns the dominant view on its head. Unfortunately, the argument fails. U.S. citizens own land, individually, collectively, and via their government. For immigrants to gain a right to enter on it, Huemer must think that the landowners have lost their rights (...) to their land, the landowners’ rights are overridden, or the landowners’ rights are undermined. He does not show that any of these are true. A separate issue and one not discussed here is whether it is a wise policy to reduce or end immigration to the United States. (shrink)

Environmentalists in the United States are often confronted by rural landowners who feel that they have the right to do whatever they want with their land regardless of the consequences for other human beings or of the damage to the environment. This attitude is traced from its origins in ancient German and Saxon land use practices into the political writings of Thomas Jefferson where it was fused togetherwith John Locke’s theory of property. This view of land and property rights (...) was most influential in the late nineteenth century after the passage of the Homestead Act in 1862 when it was used in the arguments opposing national parks and nature preservation. Today it remains a formidable obstacle to planning and zoning in rural areas, despite unstated underlying assumptions which are either outdated or false. (shrink)

Whether or not we have any natural right to landownership, like life and liberty, the institution of private property is agood. The utility produced by private property in land is overshadowed by the evils produced by the speculative withholding of supramarginal land unless compensatory payments are required of landowners. Such payments should be made to those living in the same “rental area” and should be of an amount that will eliminate all incentive to land speculation. It is not always (...) either desirable or possible to require that all of one's land value be paid in compensation. and even if such payments could be accomplished, they would not always be enough to redistribute the product stemming from the “monopolization” of real property The proper compensatory payment should reflect real increases in the value of real estate since its purchase, minus the value of improvements to the site made by the owner. (shrink)

A nationally representative survey of 2000 American adults shows broad support for prohibiting gun-possession on private land without the landowner's explicit permission. Many states have laws which permit concealed weapon carry unless explicitly prohibited by the landowner, but our survey suggests statistically-significant majorities would prefer “no carry” defaults with regard to homeowners, employers, and retailers. While respondents who are Republican, male, or gun owners are more likely to support “carry” defaults, we find that the majoritarian rejection of “carry” defaults does (...) not tend to vary by region or state. However, our survey does find majority support for a default right to possess guns in rented property and on an employer's parking lot. Respondents across all contexts also report substantial ignorance or misinformation about the law. Landowners who don't know or mistakenly believe that concealed carry is, by default, prohibited on their land may be less able to protect themselves by explicitly prohibiting such third-party possession. (shrink)

The political system of Berne during the enlightenment era was dominated by landowning patricians who represented a “republican type of gentry.” These landowners promoted agriculture, traded in grain, wood, wine, invested in cottage industries, and also were involved in foreign military service. In the debates about republican political economy in the 1760s, there was a cleavage within the Bernese aristocracy. On one side, conservatives defended the mercenary service as part of existing political obligations, above all towards France. Against this, (...) the Economic Patriots combated corrupting influences from abroad and censured military service. Socio-moralistic principles, condensed in the term “civic virtue,” ranked higher in the patriots’ eyes than economic or political interests; in a virtuous and frugal republic, there should have been no place for mercenaries. The paper reconstructs these arguments over key decades in the eighteenth century. (shrink)

James Harrington e la concezione del "commonweath" come organismo - This article aims to shed light on the link between Harrington’s political thought and his conception of Nature as an organic whole. Such a relation is reflected in the way mixed government and the representative system are designed to act as complementary institutions of a republic or commonwealth. Under mixed government, the popular balance of property - a political transposition of the fullness of natural life meaning the spread of landed (...) property among the population - is tempered by a quarter of the entire territory being concentrated in the hands of a minority of big landowners. On this basis, the minority ensures for its members exclusive access to the Senate, as an aristocratic institution. In the context of the representative system, the fact that the Senate alone can deliberate, whereas a Popular Assembly can only accept or reject decisions made by the Senate, is moderated by periodical elections of both Houses of Parliament based on popular suffrage. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Invisible ChildrenMaureen KelleyИсчезаю в весне,в толпе,в лужах,в синеве.И не ищите.Мне так хорошо...I fade into spring,or into a crowd,or into a puddle,sometimes into the blue.There's no sense in looking for me.I feel fine...—¾"Absentee" by Arvo Mets"You have to go through Lesha to get to Danil," Alexandra told me. Lesha was a small but unmoving dog with matted hair and a fierce growl. The dog was pressed against the (...) little boy, who looked no more than three or four years old. Alexandra later told me he was eight. Danil was wearing a Spider Man shirt that was four sizes too big and came down to his feet and mismatched sandals. He was huddled against his dog not only for security but warmth. His tiny arm circled Lesha's neck and he looked at me with a mix of curiosity and caution. I knelt and put my hand out for Lesha to smell me. Apparently I didn't pass the smell test. The dog didn't budge from his post. We stood like that for a long time, at the base of the steps to the shelter. I tried the few Russian words I had learned while visiting as a volunteer. The dog didn't understand my broken Russian, or pretended not to, but I managed to get a shy smile from Danil.Alexandra, a nurse volunteer at the shelter, eventually mediated the standoff by giving Lesha, the dog, a cookie. I introduced myself to the little boy. And just like that, he leaned up against me and put both arms around my legs. It didn't matter that I was a stranger, and a stranger who spoke terrible Russian. "Spidey" was an affectionate little guy. He gripped my hand while Alexandra led us up the steps and Lesha followed close behind. Inside was a small room, warm and full of color. One wall was covered in kids' drawings. Another had public health posters in Russian, some with instructions for condom use, others on literacy. There were about fifteen kids in the shelter that afternoon. The young ones were drawing pictures at a low table. Two teenage boys were hunched over a small TV playing a video game. There was only one teenage girl, Irina. She was cooing at the little kid's drawings, showing one girl how to draw a princess. Alexandra said quietly to me, "Most of the teenage girls are only here in the morning. The rest are back at work right now." I found out later "back at work" meant on the streets as sex workers. This city was frequented by businessmen and itinerant workers heading to the factories or lumber mills in the North. The best money for homeless girls was in prostitution. Danil unwrapped himself from me and ran over to the two older boys playing video games. One put his controller down long enough to pull Danil into his lap. The three boys stared intently as Super Mario hopped from mushroom to magic cloud, golden coins spinning above his cartoon head.To the right of the main room was a closet-sized office for the shelter director, Anya, a pediatrician who donated her time to running the shelter for homeless and orphaned youth living on the streets. Alexandra and I stood in the doorway waiting for Anya to finish a phone conversation. Her desk was covered in papers. Behind her were photos of the kids who had "graduated" from the streets. There were cards and letters pinned to a cork board. When [End Page E4] she finished, Anya greeted us with bear hugs and showed us to the clinic area. Next to her office was a small bathroom with a shower and tub. She explained that bath days were on Wednesdays. Around back, with a separate entrance was the small clinic space. The outside metal door had a sliding window that you see at some nightclubs. They ran a needle exchange program out of that door. It was funded for street youth, but from time to time they would get adult addicts. Anya was adamant that this side of the clinic remain separate from the central space for the children. In reality the distance... (shrink)

Much of Edmonton’s municipal past lacked any overarching development plan. Once such absentee municipal planning gave way to more concrete forms of municipal planning in terms of shaping the urban environment, conflicting goals soon emerged. Between 1949 and the early 1980s a conflict in planning goals within both the Edmonton District Planning Commission and the City of Edmonton, at this time governed with a commission board became apparent. Often this conflict played out in Edmonton’s river valley with competing visions (...) of preservation and freeway construction. River valley neighborhoods were threatened with land acquisition policies that viewed the river valley as the sole domain of parkland. Concurrently, those neighborhoods and much of the river valley were also threatened by the Metropolitan Edmonton Transportation Study. Citizen engagement in an otherwise politically apathetic city led to its demise, although the threat of large-scale removal of river valley parks and homes throughout the city loomed for some time. The period between 1949 and 1983 represents a period in Edmonton’s history where environmental protection policy clashed with transportation policy that advocated for the wholesale destruction of the river valley and countless homes. It is this conflict that led to increased political awareness that directly contributed to the demise of the METS scheme and gave rise to renewed support for river valley protection while making rapid transit a possibility for Edmonton. (shrink)

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such (...) wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250Nicholas K. RauhJean-Jacques Aubert. Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250. Leiden, New York, and Köln: E. J. Brill, 1994. xvi + 520 pp. Cloth, Gld. 220, $125.75 (US). (Columbia Studies in the Classical Tradition, Volume XXI.)Aubert’s declared purpose in this study is to examine the (...) world of Roman business managers (institores)—their social background and status, their role as managers within business enterprises, and their ensuing relations with workers, entrepreneurs, suppliers, and customers. He pursues these themes through five chapters. Chapter 1, “Business Agents and Business Managers,” explores developments in the use and meaning of the term institor through the legal, literary, papyrological, and epigraphical source materials of Republican and Imperial Rome. Chapter 2, “Indirect Agency in Roman Law,” examines the evolution of the Roman laws of indirect agency (particularly the actiones adiecticiae qualitatis) from their inception through the classical jurists to show how Roman law was adjusted to accommodate the needs of the business community. Chapter 3, “Managers of Agricultural Estates,” traces the roots of the Roman system of indirect agency to the management of agricultural estates and to the exploitation of natural resources such as clay, quarries, and manufacturing activities on the Roman farmstead. Chapter 4, “Production and Distribution of Clay Artifacts,” examines the manager’s role in the organization of various types of workshops producing clay artifacts—bricks and tiles, amphoras, terra sigillata, and terracotta lamps—and the subsequent marketing of this production. Chapter 5, “Direct Management and Public Administration: Four Case Studies,” investigates how the vilicus-based system of management became adapted to four areas of [End Page 501] the economy and administration of the Roman empire—imperial tax collection (vectigalia), recreational facilities (including baths, libraries, theaters, amphitheaters, and circuses), the imperial communications system (roads, post, and transport services), and the imperial mint. This cursory outline of A.’s intentions serves to demonstrate the breadth and importance of the task he assumes. In my opinion he handles this with a tremendous degree of authority and even-handedness.A.’s overarching theses are 1) that indirect agency emerged through the increasing absentee management of Roman farm operations and the delegation of Roman estate management to the agent known as the vilicus, 2) that regardless of the type of industry, most managerial operations exploited the practical efficiency and accountability of this vilicus-based system, and 3) that overall developments in Roman business management progressed from a more restrictive reliance on agents directly subservient to the entrepreneur (generally young slaves or family members under the direct potestas of the proprietor) to a more liberal reliance on managers enjoying looser personal connections—freedmen, servi alieni, and freeborn nonrelatives whose services were ensured by the terms of consensual contracts. One of the main points of the first chapter, for example, is the limited quantity of information there is available for institores and the generally derogatory tone it bears. We learn later on that institores were, in fact, relatively few in number and ill-liked precisely because they were so independent (175), and that far more business managers are recorded as vilici precisely because entrepreneurs could more firmly control them.A. argues that due to its extreme formalism rooted in the archaic period, Roman law lacked the concept of direct agency, and that the praetor responded to the needs of businesspeople by creating a legal system based on existing structures of Roman society (slavery and family) with advantages similar to those direct agency could otherwise have offered. With respect to the vilicus-based managerial system this was achieved through the legal fiction of the peculium, “the juristic existence of fictitious assets pertaining de facto to the dependent, but belonging de iure to the principal” (65). Terms of employment and guarantees of liability were inherently trickier for nondependent business agents and evolved during the second and first centuries b.c. through increased reliance on formulary procedure, and particularly through the development of consensual agreements. In this regard A. stresses the importance of the emergence of the... (shrink)

Environmentalists are sometimes criticized for implausibly separating human beings from nature. However, in the debate between the "wise-use" and environmental movements, it is the proponents of "wise-use," and not the environmentalists, who implausibly divide human beings from nature. The "wise-use" movement calls for landowners to be compensated whenever environmental regulations reduce the economic value of their land. However, a well-established principle of constitutional law is that compensation is not required if the regulations prevent harm to others. Insofar as they (...) can plausibly be construed as preventing harm to others, then, environmental regulations can be enforced without running afoul of the just compensation clause of the Fifth Amendment. I argue that while the public trust doctrine of U.S. common law can be extended to cover ecological processes on which the long-term wellbeing of the nation and its people depend, environmentalists must do a better job of articulating how this is so. In doing so, however, they will show that the wise use movement's position depends on an implausible separation of humans from the eco-systems on which we depend. (shrink)

This comment argues that Isabelle Stengers, in her article “Comparison as a Matter of Concern,” is justifiably concerned about the future of science in an imperium of commerce where epistemology has no clout. Agreeing with Stengers that we should focus attention on comparison-as-participant, this comment relates Stengers's argument to Verran's own work in contexts where the epistemic practices of science are challenged—in science lessons in Nigeria (case 1) and in episodes where environmental scientists try to work with Aboriginal Australian (...) class='Hi'>landowners (case 2). Drawing inspiration from her African and Aboriginal colleagues, Verran disagrees with Stengers that the only option for science is to make the terms of its defeat explicit. This comment suggests that the sciences might learn from other knowledge traditions in finding the places and the means to develop divergent practices through which resistance is possible. Verran identifies temporal disjunctions as possible sites of innovation, suggesting that contemporary sciences should forego their backward-looking traditional epistemic practices and learn to focus instead on equipping their participant-comparisons for an uncertain future. (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate (...) class='Hi'>landowners and more access to better resources for ramblers. (shrink)