The article considers franchising as a tool for market penetration and presence on it and also provides its main advantages, in tourism and hospitality sector in particular; examines the role of franchising for tourism enterprises within the contemporary economic system; pays attention to organizational culture as a factor of franchising development in the travel industry ("TUI GROUP" case study). On the basis of employee survey the key problems are revealed associated with neglecting the importance of organizational culture formation and recommendations (...) on overcoming these problems are offered. (shrink)

The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization (...) of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty. (shrink)

This study investigates how social franchises extend health care in rural areas, thus addressing vast and persistent disparities in health care access. We conducted an inductive study of Unjani, a South African organization that extended primary health services to disadvantaged rural communities through a network of 135 health clinics. Our analysis focused on the process of impact intermediation—the propagation of impact across multiple layers of the franchise network, including franchisees and downstream beneficiaries. To facilitate impact intermediation, the franchisor harmonized (...) the mission of the franchisees with its own mission and integrated community impact among franchisees. Such coordination and monitoring activity exposed franchisees to intermediation problems in the form of mission conflict and impact divergence. Our analysis reveals how Unjani nurtured network stewardship that afforded the franchisee nurses with greater support, autonomy, and ownership, thus overcoming intermediation problems in their pursuit of shared communal responsibilities to extend health care to rural communities. (shrink)

In representative democracies, the absence of responsiveness by elected officials to the interests of the represented often generates problems of legitimacy, accountability and effectiveness. However, responsiveness also tends to narrow the time horizons of democratic decision-making and promote short-termism. This paper advances the notion that responsiveness to interests involving distant time horizons is possible by reconfiguring the franchise in a time-sensitive and future-oriented way. It is divided into two parts. The first pinpoints a few inconsistencies in the available proposals (...) for making responsiveness and the long term compatible (e.g., promoting youth turnout, narrowing the franchise to robust epistemic fitness, establishing future-oriented institutions). The second advances the creation of temporal electoral circles operating alongside territorial electoral circles in order to prompt responsiveness to multitemporal interests. The conclusion asserts that this kind of franchise design is the best available option for introducing temporal aspects into the character of democratic representation. (shrink)

The worldwide growth of franchising has been phenomenal during the past decade. At the same time there has been increased media attention to questionable business practices in franchising. Similar to some trade associations and professions, franchising has sought self-regulation by developing codes of conduct or ethics. This study examines the codes of ethics covering franchising activities in 21 countries. The results reveal that there is considerable variation in the activities/issues covered by the codes. Specifically, the codes cover most stages of (...) the franchising relationship, focus on a narrow set of stakeholders, are short on ethical guidance, and offer few enforcement provisions. The implications of these findings for international franchising and research are discussed. (shrink)

Corporate social responsibility (CSR) activities have become increasingly prevalent in retail settings. In franchised organizations, franchisors typically design and coordinate these activities, leaving operational execution to franchisees. Meanwhile, franchisors may introduce new corporate-led CSR activities over time. Even though changes to CSR activities may refocus outlets’ attention on a CSR initiative, they may also disrupt an outlet’s ongoing CSR routines. Using a longitudinal, secondary dataset consisting of an eight-year panel for a national, franchised restaurant chain, we examine CSR performance dynamics (...) in the presence of two distinct types of CSR activities: an ongoing CSR routine and a distinct, temporary CSR campaign. We find that, when resuming the CSR routine after a temporary CSR campaign, outlets’ performance in CSR routines drops significantly (i.e., immediate decay), then improves gradually (i.e., protracted recovery). We also consider the moderating role of an outlet’s experience, finding that experience stabilizes these decay and recovery cycles. Our findings represent a first step in developing a longitudinal understanding of how a firm’s short-term CSR campaigns may impact ongoing CSR routines, thus contributing to the knowledge of CSR activity development and routinization. (shrink)

Franchising in the business format sector accounted for approximately 35 percent of retail sales in the U.S. in 1991. Consequently, the franchising industry has a clear ethical responsibility to the public. At the same time, there exists an ethical obligation of the two major factors in the industry — the franchisor and the franchise — toward each other. Because the franchise agreement, which is the basis of the relationship, is originated by the franchisor, an asymmetrical distribution of power (...) often exists, resulting in opportunistic behavior by the franchisor. In other cases, questionable or unethical practices by franchisees likewise result in conflict. This paper examines some of the basic areas of the franchise relationship which result in conflict, and discusses the situation analysis in business format franchising, which shows promise for reduction of conflict and unethical behavior for the future. (shrink)

A very important challenge for franchisors is adapting the strategies of their franchise systems to new threats and opportunities. During such strategic change processes (SCPs) franchisees are often required to make major financial investments and/or adjustments in their trade practices without any guarantee of positive benefits. It is, therefore, important that franchisees trust their franchisors during such change processes and that they perceive the change process as fair. This article aims to generate theory on franchisees' perceptions of trust and (...) fairness during SCPs. On the basis of case studies regarding eight change processes in four Dutch drugstore franchise systems, this article distinguishes different levels of franchisee trust and discusses five instruments that franchisors can "institutionalize" in their franchise systems to influence their franchisees' trust and fairness perceptions. (shrink)

Perception of Creativity in International Franchising Business Concepts - Comparison Analysis Between Franchisees and Franchisors This paper deals with the topic of creativity and perceived freedom of creativity in international franchising business concepts. It analyses various areas of daily business operations and the franchising business concept as a whole. Its focus is aimed at comparing the perception of level of freedom given in these areas to franchisees by the franchisors and its objective is to find out where these perceptions differ (...) between franchisees one side and franchisors on the other. The model of franchising is not described and the article assumes that the reader is familiar with this business model. The purpose of this article is to analyse and present the situation of creativity in the sector of international franchise businesses. As international franchising is in the focus of this article, topics such as cross-cultural environment in franchising models and creativity across cultures are covered. The method used to collect the data for further analysis is running an empirical research among two populations - franchisees and franchisors from several franchising business concepts active in international environment. Representatives from the two populations were asked to evaluate the level of freedom of creativity given or applied in their franchising business concepts. Respondents were answering an online survey, assessing ten different areas in daily business on a scale from one to five, ranging from no creativity allowed and strict governance by rules defined in the franchise concept to high level of creativity and freedom. Findings from both side of the franchise business partnerships, franchisees and franchisors, are presented including the test of homogeneity of proportions. Therefore some implications exist for further discussions and research, if franchising at all is, in its essence, a method of business concept, which enhances and facilitates creativity, or if creativity is perceived as a danger to franchise system that would harm its global unified approach which is the key principle of the franchis unified brand and concept strategy. (shrink)

As with many science fiction works, the Star Trek franchise uses allegory to address contemporary social issues. Taking a liberal humanistic stance, it addresses race and racism using aliens as allegorical stand-ins for humanity. However, the producers of the Star Trek franchise were inadvertently perpetuating the racism they were advocating against. Operating within the framework of normative Whiteness, the producers privilege the White American male as the average human being. The characters of other racial and cultural backgrounds try (...) to assimilate into the normative Whiteness defined by the producers or they are simply in the background to support the White lead characters. By drawing on previous work on the original series and The Next Generation, this article examines episodes from Deep Space Nine, Voyager, and Enterprise to determine how the Star Trek franchise reinscribes, or sometimes destabilizes, the mode of racial and cultural homogeneity assumed by the producers. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sodalism as Open Worldview: Conspiring to Dismantle the White FranchiseSunny Heenenin the introduction to Borderlands/La Frontera: The New Mestiza, Gloria Anzaldúa writes: “Today we ask to be met halfway. This book is our invitation to you—from the new mestizas” (Anzaldúa 20). Mestiza is a specifically feminine descriptor for a Latin female-identifying person of mixed descent. What Anzaldúa proposes in this theory of the new mestiza is a consciousness rooted (...) in “the creation of yet another culture, a new story to explain the world and our participation in it, a new value system with images and symbols that connect us to each other and to the planet” (Anzaldúa 103). Just as the mestiza gracefully learn to navigate their complex multicultural identities, fashioning a new hybrid culture within which to flourish, so can we all develop an enlightened conception of who we are. The invitation extended by Anzaldúa is not meant only for those who identify as mestiza. The who being invited to help build this new culture is the group that identifies as white; Anzaldúa believes that those she invites are capable of learning to improve their behavior and their consciousness regarding their relation to other human beings. In fact, it is this dominant group who is needed for this new story because collectively dismantling hegemonic whiteness is the only path toward the kind of inclusive culture that Anzaldúa envisions. I will argue that a proposal like Anzaldúa’s first requires a new worldview for white people: one that restructures cognition toward communal activity.An ushering in of this new worldview can be made practical, I submit, through Audre Lorde’s theory of difference. Lorde advises that it is the recognition of and embracing of our differences that has the potential to move us forward. To reclaim difference and celebrate our pluralistic world, we require an in-depth look at the ways in which identity is formed through difference, especially white identity. In an essay on defining difference, Lorde worries that it is something we respond to with fear and contempt, when instead, [End Page 32] these differences have the capacity to be the strength of our foundation as social beings: “We have no patterns for relating across our human differences as equals.... Certainly there are very real differences between us of race, age, and sex. But it is not those differences between us that are separating us. It is rather our refusal to recognize those differences, and to examine the distortions which result from our misnaming them and their effects upon human behavior and expectation” (Lorde 115). According to Lorde, we misunderstand and misuse our differences, relying on them to form dualistic identities in negation to one another, identities that sow hatred and division. It is through confronting these identities based on difference that we might begin to approach them in new ways that take us forward together and that build these patterns of relating as equals.The new worldview that I am suggesting must be, primarily, a form of education. In examining the epistemic problems of white identity, I have developed something that I call “sodalism.” The word is derived from the Latin sodalis, which holds various meanings for our purposes, including comrade, fellow, and conspirator. The theory of sodalism connotes a sense of conspiring together toward a collective purpose of betterment, toward a world in which we perceive each other as comrades and fellow humans with beneficial and beautiful differences. Sodalism refrains from becoming totalizing by making visible and celebrating a plurality of identities and experiences. This skill can be developed through educated interchange, of which Anzaldúa writes hopefully: “Whites could allow themselves to share and exchange and learn from us in a respectful way” (90). But how can white people adopt a new open consciousness that will allow this interchange? After all, according to sociologist Anibal Quijano, the colonial structure of power—whiteness—“was, and still is, the framework within which operate the other social relations” (168). If white perceptions are still lodged in these hierarchical epistemologies, where can we begin to break down these mental barriers and decolonize minds? Anzaldúa suggests... (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political (...) liberal and the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

Robert C. Hockett’s “franchise view” argues, convincingly, that the capacity of banks or quasi-bank financial entities to create money rests on the laws, regulations, and guarantees of the state under which they operate. Fred Block advocates the use of this insight as a beachhead for establishing the legitimacy of locally embedded, nonprofit lenders whose investments would be dedicated to public purposes. However, given the pervasive influence of “everyday libertarianism,” which fosters blindness to the public character of private economic power, (...) this commentary warns of possible counterproductive consequences of this proposal unless it is fused to the democratization of central banking. An end to central bank independence would highlight the ineliminable role of the state in the market and make that role easier to reshape. It would also end the dynamic whereby monetary easing provides political cover for damaging fiscal austerity and thus lead to better democratic deliberation on the contours of policy. (shrink)

Interpretation of the classics in political theory seems to go in waves. For a while we had John Locke, the bourgeois thinker. Now we seem to be in a Locke-as-radical-democrat phase. Locke-the-bourgeois had problems of its own, but a radically democratic Locke -- not just the old Locke as liberal democrat but Locke as quasi-Leveller -- strains the interpretative imagination more than most; yet in recent years, several different kinds of argument have been advanced in support of it, both textual (...) and contextual. The most effective argument has proceeded by situating Locke in the context of radical Whig politics in the 1670s and '80s, the struggles over religious toleration and the royal succession, in particular the �Exclusion Crisis� of 1679-81. This contextual argument has been accompanied by various textual interpretations having to do with Locke's conceptions of property, consent, representation, the right of revolution and natural law. Among other things, these are supposed to show that while Locke had nothing explicit to say about the extent of the franchise, the weight of evidence suggests that he would have supported a fairly wide franchise, perhaps even something like the (almost) manhood suffrage advocated by the Levellers (at least according to some, and probably the most convincing, interpretations of their ideas). Most recently, in these pages, Martin Hughes, building on the work of James Tully and Richard Ashcraft in particular, has pushed the argument as far as it can probably go. His argument on taxation and suffrage has provided a motivation here for a wider exploration of Locke's views on representation, consent and the franchise. (shrink)

The ability to identify which citizens are democratically competent and which fall beneath the relevant standard of competence bears on numerous questions in democratic theory. These include questions about the distribution of the franchise, the type of civic education that democratic governments should provide to their citizens, and how we might prevent democratic backsliding. In this paper, we aim to identify and defend a criterion of minimal democratic competence. Specifically, we argue that a voter should be regarded as minimally (...) democratically competent with respect to a given election if and only if that voter knows how to vote for the candidates or policies that, if chosen, would not predictably bring about the end of that electoral democracy, and intends to vote that way. (shrink)

The concept of the ‘infodemic’ has become a popular explanation for the rejection of anti-COVID-19 crisis governance measures. In this paper, we argue that infodemic is an inherent property of society under free institutions misused to pursue an epistemically vicious political epistemology. Furthermore, we provide an alternative account of political epistemology of COVID-19 governance and popular resistance to it. Namely, we argue that 1) pandemics represent a complex problem, and some level of resistance to governance which restricts liberties while informed (...) by ongoing scientific and political learning processes is inevitable, and 2) the resistance is exacerbated by the history of technocratization of governance and the exclusionary socio-economic inequalities which condition political and epistemic deficiencies easily exploitable by the political entrepreneurs of right-wing populism, particularly under the conditions of social media which gamifies public discourse. Thus, we argue, the correct response to the cultures of rejection of anti-COVID-19 measures is to change the underlying political and economic conditions and not to limit speech or restrict franchise as the infodemic diagnosis suggests. (shrink)

The fact that most of us are ignorant on politically relevant matters presents a problem for democracy. In light of this, some have suggested that we should impose epistemic constraints on democratic participation, and specifically that the franchise be restricted along competency lines – a suggestion that in turn runs the risk of violating a long-standing condition on political legitimacy to the effect that legitimate political arrangements cannot be open to reasonable objections. The present paper therefore outlines a way (...) to solve the problem of public ignorance without restricting the franchise. The proposal involves filtering the electoral input of a universal franchise through a statistical model that simulates what the public's political preferences would have been, had they been informed on politically relevant matters. The result is modelled democracy. A case is made that such democracy both solves the problem of public ignorance and satisfies the aforementioned condition on legitimacy. (shrink)

Students of Mill's political theory know that he was both a political reformer and a social philosopher. An important part of Mill's life involved political struggles over the electoral franchise and schemes of parliamentary representation, the legal and social emancipation of women, land law and economic policy, and freedom of speech and the press. When turning to his best known writings such asOn Liberty, Considerations on Representative Government, Principles of Political EconomyandThe Subjection of Women, issues of reform intrude at (...) almost every point. Even his more philosophical writings—Utilitarianism, An Examination of Sir William Hamilton's PhilosophyandSystem of Logic— can be seen as attacks on or supports for those theories of man and society which Mill sees as hindering or furthering ‘the improvement of mankind’. Moreover, Mill's subsidiary careers as a journalist, editor of theLondon and Westminster Reviewand member of parliament further demonstrate his commitment to political reform. (shrink)

Regenerative agriculture refers to a suite of principles, practices, or outcomes which seek to improve soil health, biodiversity, climate, ecosystem function, and socioeconomic outcomes. However, recent reviews highlight wide heterogeneity in how it is defined. This impedes our ability to understand what regenerative agriculture is and has left the movement open to strategic repurposing by diverse stakeholders. Furthermore, the conceptual franchising of the regenerative agriculture debate by Western culture has omitted discussions surrounding social justice, relational values, and the contribution of (...) Indigenous and local knowledge that does not align with Western-centric producer-consumer frameworks. This is a continuation of injustice by creating barriers to representation and participation, and its confrontation will ultimately be necessary for regenerative agriculture to achieve its transformative potential. This article demonstrates that the farming techniques associated with the regenerative agriculture movement today have been practiced for centuries, and in some cases millennia, by Indigenous and local communities around the world. We propose that current Western academic attempts to define regenerative agriculture have resulted in long lists of practices, principles, and outcomes which fall short of describing the whole, because they lack the relational values component that is so integral to these Indigenous and local knowledge systems. We take an urgently needed, Indigenous-informed approach to defining regenerative agriculture, which confronts current epistemic injustice and prioritizes sociocultural and relational values. Finally, we propose an anti-colonial definition that draws on diverse knowledge systems including Indigenous ecophilosophies and published scientific analyses. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children from the (...) class='Hi'>franchise. In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

Early democratic theorists such as Kant considered the effects of being a servant or, in modern terms, an employee to be so negative that such dependent people should be denied the vote. John Stuart Mill and John Dewey also noted the negative effects of the employment relation on the development of democratic habits and civic virtues but rather than deny the franchise to employees, they pushed for workplace democracy where workers would be a member of their company rather than (...) an employee. In spite of the continuing prevalence of the employment relation and the lack of workplace democracy, this topic now seems to be something of a "third rail" in deliberative democratic theory. (shrink)

It would be good to end the controversy over Locke's ideological orientation. In the most well-known of recent commentaries on Locke's political thought his ideological placement ranges across the spectrum. Ashcraft believes Locke's thought is that of a radical left-wing revolutionary; Macpherson argues that the Second Treatise provided a conservative justification for the class rule of the rising bourgeoisie; and Gough finds that Locke stands mid-way between the two extreme positions in politics, *¾*his position is not, however, exactly mid-way between (...) these two extremes, but inclines somewhat toward the left*¾*. Each of these analyses rests largely on a particular interpretation of Locke's view of the franchise in the Two Treatises of Government (1690), and this kind of ideological analysis is historically problematic. Yet the premise seems plausible: the authoritarian, arbitrary rule of an absolute sovereign is the position of the far right in seventeenth-century England, and egalitarian popular democracy is the position of the far left at this time. Given this structure, Locke does stand between the extremes, but he is inclined towards the right. This is the position argued for in this essay: Locke's seemingly radical arguments were designed to reinforce socially conservative beliefs. Presenting the evidence for Locke's ideological commitment may help illuminate some other unsettled, secondary, points of interpretation. (shrink)

This article identifies four approaches to arguing for democracy, showing that none has an adequate way of supporting both full adult inclusion and the exclusion of children. I focus in Section 2 on the arguments of David Estlund and Thomas Christiano, showing that their arguments against guardianship call into question the exclusion of children from the franchise. In Section 3, I explain why the exclusion of children constitutes an injustice, and in the final section, I consider two approaches to (...) remedying that injustice. Key Words: justice • democracy • children. (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)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Brisbane: Utopian Dreams and Dystopian Nightmares by William (Bill) MetcalfLyman Tower SargentWilliam (Bill) Metcalf. Brisbane: Utopian Dreams and Dystopian Nightmares. Brisbane History Group Studies no. 11. Tingalpa: Boolarong Press, 2022. 297 pp. Australian $30.00 ISBN: 9781922643445.Bill Metcalf, the foremost scholar on Australian intentional communities, has discovered and written about a number of Australian utopias. In Brisbane: Utopian Dreams and Dystopian Nightmares he focuses on a subset of Australian (...) utopias, those written by people who lived in Brisbane plus one Brisbane architect who made designs for a future utopian Brisbane. One of the books, A Workingman’s Paradise: An Australian Labour Novel (1892), is well known, particularly in Australia. A second novel, The Adventures of Halek: An Autobiographical Fragment (1882) by John H. Nicholson, will be familiar to some readers. The others will be unfamiliar to most readers both in Australia and in the rest of the world. I learned of many of them through Metcalf ’s previous work and correspondence with him. Given this situation and the fact that a few of the books are only available in Australia, I have said something about all of them.The book begins with “A Brief Overview of Utopianism” (1–6), an introduction suitable for those unfamiliar with the subject, followed by “Overview of Brisbane in the 1880s and 1890s” (7–12), which gives all readers an initial context. The entire book is strong on context, particularly local context. The following nine chapters are on authors or coauthors of utopian texts and one artist. All the chapters begin with substantial biographical information about the authors, as well as their activities and the Brisbane context within which they lived, followed by a presentation and discussion of their utopias. [End Page 158]The first authors mentioned are William and Annie Lane, which immediately raised a question in my mind. The two works discussed, the racist “White or Yellow? A Story of the Race-war of A.D. 1908” by Sketcher (serialized in The Boomerang in 1888), and the socialist A Workingman’s Paradise by John Maurice Miller, have always been identified as written by William Lane—with no mention of Annie. Metcalf suggests, but with minimal discussion, that while “White or Yellow” was by William, Annie was the unacknowledged coauthor, perhaps even author, of A Workingman’s Paradise. So, I asked Metcalf about the attribution and in a substantial email of October 5, 2022, he laid out the argument, which is based in part on the work of a former student, John Kellett, published as “One-Woman-One Vote: Annie Lane, ‘Lucinda Sharpe,’ and the Female Franchise in Late-Nineteenth Century Queensland” (Hecate 30, no. 2 [2004]: 37–52).Lucinda Sharpe was the nom de plume of a weekly contributor to the newspapers published by William Lane. It has been believed that he wrote all the articles. Kellett, however, makes a strong case that Annie, who was a working journalist in Canada when she met William (also a working journalist), was Lucinda Sharpe. In particular, Kellett notes the extreme differences between William’s usual style and that of Lucinda Sharpe and compares it to material known to be written by Annie. Kellett concludes, based on the similarities between Lucinda and Annie and other evidence, that Lucinda was Annie. But Kellett is only concerned with the Lucinda Sharpe works and the way they presented the case for the franchise; he does not mention either of the works that Metcalf discusses.In his email to me, Metcalf expands on Kellett, saying thatWhile researching for this book I re-read The Workingman’s Paradise and again I was struck by how the sentence structure and language differs from William Lane’s usual work. Then I compared it to “Lucinda Sharpe,” and it was similar. I discussed this observation with John Kellett, now retired and living in Armadale, and he agreed. That led me to conclude that Annie Lane probably wrote The Working Man’s Paradise. Perhaps/probably with William’s input. The real giveaway is when William tries to write in a female voice, as in White or Yellow with the Cissie character, it is very stilted, “twee” and demeaning. When... (shrink)

We frequently hear that we live in an age of anxiety, from 'therapy culture', the Atkins diet and child anti-depressants to gun culture and weapons of mass destruction. While Hollywood regularly cashes in on teenage anxiety through its Scream franchise, pharmaceutical companies churn out new drugs such as Paxil to combat newly diagnosed anxieties. On Anxiety takes a fascinating, psychological plunge behind the scenes of our panic stricken culture and into anxious minds, asking who and what is responsible. Putting (...) anxiety on the couch, Renata Salecl asks some much-needed questions: Is anxiety about the absence of authority or too much of it? Do the media report anxiety or create it? Are drugs a cure for anxiety or its cause? Is anxiety about being yourself or someone else, and is anxiety really the ultimate obstacle to happiness? Drawing on vivid examples from films such as the X Files and Cyrano de Bergerac , drugs used on soldiers to combat anxiety, the anxieties of love and motherhood, and fake Holocaust memoirs, Renata Salecl argues that what really produces anxiety is the attempt to get rid of it. Erudite and compelling, On Anxiety is essential reading for anyone interested in philosophy, psychology and the cultural phenomenon of anxiety today. (shrink)

behaviour from the rival manufacturer. We consider the case where franchise fees can be used to extract retailers' surplus. We show that vertical separation is in the collective, as well as individual, interest of manufacturers, and hence facilitates some collusion in the simple setting..

Freedom has no univocal meaning in Locke's work, despite its centrality. It is understood as a duty and right, but also as a power, or, as we will hold here, as a state. The successive modifications of the idea of freedom between An Essay concerning Human Understanding and Two Treatises of Government, between the editions and in relation to early or later texts, such as The Reasonableness of Christianity, allow us to think of freedom as a problem, rather than as (...) an evidence. Freedom affirms itself as the most sublime characteristic of human nature, as well as the symptom of her precariousness and corruption. Freedom could be compared with reason, as Locke intends to investigate the limits of both, without ever thinking them as franchisable. (shrink)

The view of Karl Marx as “revolutionary” endorsing a violent overturn of the capitalist system is not only standard textbook fare filtering through to popular opinion, but also often found in professional accounts. The perspective on Marx as “revolutionary” is unconvincing. Marx’s evolutionism, insofar as it relates to prominent features of advanced capitalism, implies a powerful laissez-faire bias reflecting primarily concern lest reformist measures to correct perceived injustices in the capitalist-exchange system assure its permanence, but also price-theoretic arguments for non-intervention. (...) Secondly, Marx’s evolutionism extends to the stage following a proletarian political takeover, and includes allowance for a residual capitalist sector, for income inequality, and even for compensation of expropriated property owners. And, thirdly, the proletarian takeover itself might, for Marx, occur by way of democratic voting enabled by extensions of the franchise accorded by the capitalist state itself responding to pressures generated by capitalist development. These three themes render the evolutionist perspective overwhelming. (shrink)

Since the late twentieth-century shift from the liberal university to the neoliberal university (the latter distinguished by the managerial class installed to leverage and extract value from academic research, plus polish the brand of the franchise), the publications’ ecosystem for academics, foremost in the Arts and Humanities, has been altered beyond recognition. Notably, it has exponentially expanded while at the same time suffering maximum constriction in the form of what legal scholars have called the “great copyright robbery”.

Beneath the stylized violence and thrilling car crashes, the Mad Max films consider universal questions about the nature of human life, order and anarchy, justice and moral responsibility, society and technology, and ultimately, human redemption. In Mad Max and Philosophy, a diverse team of political scientists, historians, and philosophers investigates the underlying themes of the blockbuster movie franchise, following Max as he attempts to rebuild himself and the world. -/- This book guides you through the barren wastelands of a (...) post-apocalyptic future as you explore ethics and politics in The Wasteland, the importance of costumes and music, humankind's relationship with nature, commerce, gender, religion, madness, and more. (shrink)

Felony disenfranchisement is best understood as a means of vote suppression. Quite apart from its significance as a form of criminal stigma, disenfranchisement is most properly characterized as one of the ways in which the American voting system reserves political participation for a privileged social and intellectual class. Thus understood, felony disenfranchisement reveals the theoretical underpinnings of an exclusionary version of American democracy in which more or less widespread disenfranchisement is an acceptable or necessary political tactic. Felony disenfranchisement should not (...) be characterized as a sanction for criminal conduct: It fits none of the usual justifications for punishment. Most commentators agree that felony disenfranchisement as a collateral sanction for criminal conduct stigmatizes alike a disparate collection of individuals convicted of crimes carrying a penalty of one year or more - everything from drug possession to murder - and extends, in many instances, long after former felons have completed their sentences. Justifications for refusing the vote to felons, and to former felons who are no longer incarcerated, are surprisingly weak and clearly related to larger issues of democratic participation. Accordingly, it is under the framework of democratic participation that the most persuasive justifications of disenfranchisement might be found. Under the framework of democratic participation, the disenfranchisement debate implicates competing theories of democracy, each of which has profound consequences for the constitution of the American polity. I contend that there are currently three models for the right to vote in American society: (1) a membership model premised upon popular participation in the democratic process as an expression of citizenship; (2) a deliberative model in which popular participation is conditioned upon the duty to be an informed and reflective citizen; and (3) an elite model entrenching political office in a political class that competes for votes among the electoral masses. The continuing vitality of these three models at the level of political debate and constitutional doctrine unsettles the dominant history of the franchise as one of progress from an exclusionary to an inclusionary extension of the mandate, and requires us to acknowledge felony disenfranchisement as part of a larger process of voter exclusion and suppression. (shrink)

Thomas Hill Green was one of the most influential English thinkers of his time, and he made significant contributions to the development of political liberalism. Much of his career was spent at Balliol College, Oxford: having begun as a student of Benjamin Jowett, he later acted effectively as his second-in-command at the college. Interested for his whole career in social questions, Green supported the temperance movement, the extension of the franchise, and the admission of women to university education. He (...) became Whyte's professor of moral philosophy at Oxford in 1878, and his lectures had a lasting influence on a generation of students. Volume 2, published in 1886, consists of Green's unpublished lecture notes. The Lectures on the Principles of Political Obligation drew criticism upon Nettleship, Green's pupil and editor, for his editorial interventions: the idea of 'common good' was thought to vary significantly here from Green's other writings. (shrink)

It would be unproblematically correct to say "the laws of Pennsylvania have it that a person is eligible to vote at age eighteen." But whether someone is actually mature enough to exercise his electoral franchise appropriately will very much depend on the individual. In setting the voting age by fiat, Society leaps in where Nature fears to tread. Many quantities that figure importantly in shaping our conduct of affairs are not specified by nature but are artifacts of human contrivance. (...) At what age, for example, is a person old enough to marry, drink alcoholic beverages responsibly, handle fireworks safely, manage his own property, enter into contracts, see a violent movie, serve on a jury, or hold a public office? These are not quantities writ large in nature's impersonal scheme of things but matters of social decision made for reasons of public polity and administrative convenience. They are legislated quantities. (shrink)