Appealing to African values associated with ubuntu such as communion and reconciliation, elsewhere I have argued that they require compensating those who have been wronged in ways that are likely to improve their lives. In the context of land reform, I further contended that this principle probably entails not transferring unjustly acquired land en masse and immediately to dispossessed populations since doing so would foreseeably lead to such things as capital flight and food shortages, which would harm (...) them and the broader society. Oritsegbubemi Anthony Oyowe has recently argued against my claim that land reform should be enacted in a way expected to benefit victims of colonialism while not greatly burdening innocent third parties, instead supporting the return of land to its rightful owners regardless of how the manner in which it were done would affect people’s quality of life. Here I expound Oyowe’s argumentation and respond to it in defence of my initial position, appealing to examples from southern Africa to illustrate. (shrink)

Reprint of an article that first appeared in the journal Philosophia Africana (2020).

As literally every East European nation struggles to reformits agricultural sector, land reform in its many forms figures preeminently in strategic thinking on the problem. Estonia's historic program, instituted during the first republican period, was a highly successful reform from many perspectives. With political as well as economic goals, the reform had an important social dimension as well in that it reinvigorated entire rural regions and established a vital family farming system. The land reform's (...) achievements owe as much to the social and human infrastructure created in Estonia as it did to changes in land tenure, land assembly, and land use. This may be one of its most important lessons for those attempting to craft a new agricultural structure for this and other nations in the region. (shrink)

Insurance is pervasive in many social settings. As a cooperative device based on risk pooling, it serves to attenuate the adverse consequences of various risks by offering policyholders coverage against the losses implied by adverse events in exchange for the payment of premiums. In the insurance industry, the concept of actuarial fairness serves to establish what could be adequate, fair premiums. Accordingly, premiums paid by policyholders should match as closely as possible their risk exposure. Such premiums are the product of (...) the probabilities of losses and the expected losses. This article presents a discussion of the fairness of actuarial fairness through three steps: defining the concept based on its formulation within the insurance industry; determining in which sense it may be about fairness; and raising some objections to the actual fairness of actuarial fairness. The necessity of a normative evaluation of actuarial fairness is justified by the influence of the concept on the current reforms of public insurance systems and the fact that it highlights the question of the repartition of the gains and burdens of social cooperation. (shrink)

Argues that it is possible to regard land reform measures as just even while rejecting the result in Kelo.

(2001). The Homestead and the Garden Plot: Cultural Pressures on Land Reform in Nineteenth-Century Britain and the USA. The European Legacy: Vol. 6, No. 2, pp. 159-175.

Extractive reserves, usually associated with the survival of rubber tappers in the Brazilian tropics, have close parallels elsewhere, including temperate zones. This research isolates the distinctive features of recent Amazonian reserves, illustrates parallel features in a fifty year-old management experiment in the United States, and explores the advantages extractive reserves offer land reformers interested not only in social equity and efficiency but in biological conservation. Extractive reserves stand apart from traditional land reforms in their innovative use of common (...) property, a tenure mode well adapted to sustainable management of marginal lands. (shrink)

Scottish devolution and land reform were high on the political agenda with Labour's victory at the general election in 1997. In the Highlands of Scotland, where disputes over the ownership and control of land have a long history, initiatives involving the community ownership of land were gathering pace, one of which was Orbost Estate in Skye. What began as an 'experiment' in building a new community with the intention of creating a model for land (...) class='Hi'>reform, by 2002 had become a symbol of community opposition and heavy-handed mismanagement by bureaucrats. The conflict between local objectors and the government-funded enterprise company that bought the estate, was fought on ideological, aesthetic and bureaucratic grounds. The discourse of conflict reflected opposing understandings of the social, historical and cultural environment – values that are associated with and 'naturalised' in the landscape. Rural development is increasingly subject to rigid planning guidelines based on notions of visual landscape aesthetics and imputed historical-cultural values associated with the area's tourist industry. In the absence of strong local democratic institutions, objectors and developers arrived at an uneasy compromise after several years of dispute, through the agency of the bureaucratic planning apparatus itself. This study illustrates how the multi-faceted concept of landscape mediates cultural, social and political issues, and is continually evolving in response to aesthetic, ideological and institutional agencies. (shrink)

The creation of humanity (Gn 1:26–2:25) marks the climatic point of the creation process because after it, God is said to have rested. A clear marker that humans are the epitome of creation is the fact that they were created in God’s image (Gn 1:26). Unlike animals, humans have the capacity to think, act with free will, exert self-control and also have a conscience. These distinctive characteristics earn humanity not only dominion over creation (Gn 1:28), but also the care towards (...) the created order. The fact of having been created in God’s image, imago Dei, or to be godlike, is therefore associated with certain rights and responsibilities over creation. Further, being created in God’s image implies that human life itself is sacred and thus should not be terminated in any way, either by the individual themself or by any other person(s) (Gn 9:6). Given that human life is so sacred, such a rationale is invoked in the absolute prohibition on murder. Above all, being created in God’s image connotes gender equality – ‘male and female he created them’ (Gn 1:27b). In view of the land reform exercise in Zimbabwe, so much has happened, but the big question which remains is whether women have received a fair share in the land redistribution exercise. Making a womanist contextual reading of Genesis 1:26, this article seeks to reflect on the Zimbabwean land reform exercise, challenging the lack of gender inclusion in the redistribution exercise. Contribution: Given that women theology is that of liberation, empowerment and affirmation, this research makes a unique contribution to women theologies as it pushes for women’s empowerment through fair land redistribution. By tapping into the implications of having been created in God’s image, the research has successfully argued that the current situation, whereby gender gaps in land ownership are still quite large, needs to be addressed as stewardship over creation was given to both men and women. (shrink)

The original publication is available at www.tandfonline.com.

Rural women did not fare very well inthe land reforms carried out during the Latin American“reformist period” of the 1960s and 1970s, with womenbeing under-represented among the beneficiaries. It isargued that women have been excluded from access toand control over water for similar reasons that theywere excluded from access to land during thesereforms. The paper also investigates the extent towhich women have gained or lost access to land duringthe “counter-reforms” of the 1980s and 1990s. Underthe neo-liberal agenda, (...) production cooperatives aswell as communal access to land have largely beenundermined in favor of privatization and theindividual parcelization of collectives. Significantland titling efforts are also being carried outthroughout the region to promote the development of avigorous land market. This latter period has also beencharacterized by the growth of the feminist movementthroughout Latin America and a growing commitment bystates to gender equity. The paper reviews the extentto which rural women‘s access to land and, thus, waterhas potentially been enhanced by recent changes inagrarian and legal codes. (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)

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

In rural Cambodia the rampant allocation of state land to political elites and foreign investors in the form of “Economic Land Concessions (ELCs)”—estimated to cover an area equivalent to more than 50 % of the country’s arable land—has been associated with encroachment on farmland, community forests and indigenous territories and has contributed to a rapid increase of rural landlessness. By contrast, less than 7,000 ha of land have been allotted to land-poor and landless farmers under (...) the pilot project for “Social Land Concessions (SLCs)” supported by various donor agencies. Drawing on fieldwork conducted in two research sites in Kratie Province, this article sheds light on the mechanisms and discourses surrounding the allocation of ELCs and SLCs. Our findings suggest that large-scale and non-transparent land leases in the form of ELCs are discursively justified as land policy measures supporting national development, creating employment opportunities in rural areas, and restoring “degraded” and “non-use” land, while SLCs are presented by the government and its international donors as a complementary policy to reduce landlessness, alleviate rural poverty, and ensure a more equitable land distribution. We argue that the SLC pilot project is a deliberate strategy deployed by the Cambodian ruling elite to instrumentalize international aid agencies in formalizing displacement and distributional injustices, in smoothing the adverse social impacts of their very own land policies and in minimizing resistance by dispossessed rural people. (shrink)

The theme of poverty has recently dominated various scholarly platforms, including academic presentations and public debates. Nevertheless, it has emerged that the rhetoric about poverty reduction seems to be the project of the elite who apparently write and speak on behalf of the poor. The plight of the majority of the poor is problematised so that transformation is superficially democratised with the ultimate aim of benefitting the elite. The present study reflects on Eben Scheffler’s contributions on poverty and the poor (...) in the Old Testament books of the Pentateuch, the Psalms and the Proverbs. Although this study refers to Scheffler’s other works on poverty from time to time, particular attention is paid to four of them, namely, ‘The poor in the Psalms: A variety of views’; ‘Of poverty prevention in the Pentateuch as a continuing contemporary challenge’; ‘Poverty in the Book of Proverbs: Looking from above’; ‘Pleading poverty : On the ideology of Psalm 109’. Scheffler points out that it was the ancient Israelite elite who played the role of writing and speaking on behalf of the poor. It is essential to note that Scheffler’s thrust is not an appropriation exercise, although in some places he makes reference to the ‘contemporary world’. Thus, the present study attempts to explore the land debate in our contemporary world, with a special focus on South Africa’s land expropriation without compensation debate and the foiled fast-track land reform programme in Zimbabwe, as elitist projects. The Zimbabwean Fast-Track Land Reform Programme was a prototype of LEWIC in SA. It is argued that the poor rural communities in Zimbabwe continue to languish in poverty in a country endowed with abundant natural resources, including land. The study argues that land allocation in Zimbabwe benefitted the elite. (shrink)

Originally published in 1981, Dr Currie's main emphasis in this book is on the economic theory of agricultural land tenure, but he also makes extensive reference to the historical development of land tenure in England. After consideration of the history of economic thought on this important topic, he employs an essentially neo-classical approach, though one that pays due attention to the nature of institutional arrangements and particular forms of property rights. In dealing with these latter aspects, he considers (...) not only the economic effects of particular institutional forms but also their economic causes. The careful use of the history of land tenure development gives this work especial relevance for agricultural development and for issues of land reform. The Physiocrats and Classical economists gave land tenure an important place in their work. Following a long period of' neglect by Neo-Classical economists, land tenure arrangements again received considerable theoretical attention in the years preceding publication. Dr Currie draws on and develops this work. Moreover, he investigates the importance of a number of crucial issues that were being neglected at the time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 201-202 [Access article in PDF] Conference on Pure Land Buddhism in Dialogue with Christian Theology James Fredericks Loyola Marymount University As Charlie Parker devotees will attest, improvisation at its most thrilling, if not its most ingenious, is often the result of careful planning. Cannot something similar be said of interreligious dialogue? All our planning and study are best put to use when they suddenly (...) become mere prologue to an encounter that has forced us off the well-trodden path. A dialogue meeting at Loyola Marymount University, September 9-14, 2001, began with much planning and became highly improvisational on September 11th.The roots of this conference go back to discussions between Dennis Hirota and myself in Kyoto in 1998-1999. The two of us are interested in contributing to the future development of Shin Buddhism by placing it in dialogue with Christian theology. The focus here is on Christian theology as one aspect of Christianity's response to the modern world. We are both interested in investigating various theological methods as Christian responses to modernity, and the contributions these methods have made to the reform and renewal of Christian institutions. The ulterior purpose of these investigations is to think in new ways about how a Buddhist "theology" might contribute to the institutional reform and religious renewal of Shin Buddhism.A first dialogue meeting was held at Chikushi Jogakuen University (Dazaifu, Japan) in June of 2000. Participants included faculty from Chikushi Jogakuen, Charlie Hallisey (then of Harvard University), Peter McCormick (International Academy for Philosophy, Liechtenstein), and me (Loyola Marymount University). A second meeting was held at Loyola Marymount in September 2001. For one week, beginning September 6th, meetings were held at the Shin Buddhist temple and a neighboring Roman Catholic parish in the Little Tokyo district of Los Angeles, followed by an academic conference at Loyola Marymount starting on Monday, September 10th. These meetings brought together faculty from Chikushi Jogakuen and Loyola Marymount, Shin Buddhist specialists from the Eastern Buddhist Society in Tokyo, ministers from the Los Angeles Nishi and Higashi Honganji Temples, Charlie Hallisey (Wisconsin), and John Ross Carter (Colgate University). The visiting Buddhists had a chance to meet with the Buddhist-Catholic dialogue group in Los Angeles. Papers were presented on a number of subjects, including (1) Christian theology's [End Page 201] contribution to institutional reform and religious renewal in recent Roman Catholic history and its implications for Shin Buddhism in both the United States and Japan; (2) theological method and moral theology in relation to end of life issues from both a Shin and Christian perspective; (3) truth and history in interreligious understanding; (4) Shin Buddhism, Christianity and religious responses to social discrimination; and (5) Christian theology as a stimulus to the development of a Shin Buddhist theology.On the morning of September 11th, dialogue as formal academic presentations ended and dialogue as spontaneous improvisation began. With U.S. air transportation closed down by the federal government, prospects for return flights to Japan were indefinitely postponed. A planned outing to watch Ichiro Suzuki (of the Seattle Mariners) play the Angels had to be canceled (Anaheim stadium was also closed). Instead, Christians and Buddhists, Americans and Japanese suddenly were brought together in ways they could not have predicted and began to improvise. The campus ministry of Loyola Marymount organized an impromptu mass for the entire university on the evening of September 11th. The Buddhist visitors were given a place of honor at the liturgy and publicly welcomed as guests of the Catholic community. The psalm response for the mass was a musical setting of the words, "Shepherd me oh Lord, beyond my wants, beyond my fears, from death into life." In the days that followed, this text became the basis for very affecting conversations among the Buddhists and the Christians in response to the terrorist attacks. From the Shin perspective, Buddhists were able to bring a depth of meaning to these words even as they were interested in what the psalm might mean to Christians.Like improvisation in jazz, interreligious dialogue is sometimes at its... (shrink)

Retraction note: Moreno López, W. (2022). Dispossession of land in Colombia: the infamous face of the economic reprimarization. To find the structural causes of the spoliation. HUMAN REVIEW. International Humanities / Revista Internacional De Humanidades, 12(6), 2–11. https://doi.org/10.37467/revhuman.v11.4106 The Editorial Office of Eurasia Academic Publishing Group has retracted this article. An investigation carried out by our Research Integrity Department has found a group of articles, among which this one is found, that are not within the thematic scope of the (...) journal. We believe that the editorial process was manipulated and, furthermore, acceptance decisions were made under possibly inappropriate peer review. (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)

In lieu of an abstract, here is a brief excerpt of the content:Appian and the Aftermath of the Gracchan ReformDaniel J. GargolaAppian's History of the Gracchan reform is arguably the single most detailed and coherent account of it. Early in the first book of his Civil Wars he outlines the development of a crisis in the countryside and the terms of the law Ti. Sempronius Gracchus (tr. pl. 133) proposed to remedy it; he describes the struggle to pass the (...) measure and efforts of the tribune's opponents to block it; he tells of attempts to implement the law in the years after Tiberius' death; and he summarizes the legislative agenda and the political activities of C. Gracchus, Tiberius' younger brother, when he was tribune of the plebs in 123 and 122. Appian brings his history of the Gracchi to a close with a description of a series of laws put forward in the years following the death of the younger Gracchus and the ways they reversed earlier gains. Land reform continued to be a central issue in the conflicts that would bring the Roman Republic to an end, and historians often have relied upon Appian's short description of post–Gracchan legislation to reconstruct the politics of the matter in the last two decades of the second century. After all, he provides the only surviving overview of the agrarian legislation of these years. But scholars have found it difficult to reconcile Appian's claims with other evidence. The problem, a closer inspection will show, lies in the assumption that Appian produced or intended to produce a straightforward and unbiased account and the resulting conviction that these measures should be easily and readily identifiable. Instead I argue here that Appian has presented a highly schematic version of events that reveals more about his methods as a historian than it does about the laws themselves or the policies of those who proposed them.Appian's Account and Modern Interpretations of ItAt first glance Appian's version (BC 1.27.121–24) of the aftermath of reform is simple and straightforward. Using the death of C. Gracchus [End Page 555] as his starting point, Appian first reports the passage of a law permitting recipients of allotments to sell them and then claims that the rich immediately bought the land from the poor or took it by force. After this, a tribune, Spurios Borios or Bourios in the manuscripts, successfully proposed a law ending the distribution of public land, which those in possession were to own on payment of a rent, and establishing instead a distribution of the funds raised in this fashion. Not much later, another tribune put an end to the rent and the distribution of money that depended upon it. As a result, Appian holds, the people lost everything, and there were still fewer citizens and soldiers. He finishes with a reference to a fifteen–year period, although an apparent lacuna makes its significance uncertain.Efforts to anchor this account firmly in the proper historical context have focused on a range of issues that have proven remarkably difficult to resolve.1 The first problem concerns the relationship, if any, between Appian's three laws and other agrarian legislation known to have been enacted in the years following the death of C. Gracchus. Cicero is the sole source for one measure. On two occasions he makes vague references to a law of Sp. Thorius that probably was passed in the latter half of the penultimate decade of the century.2 Neither is very informative. One merely records a jest involving the pasturing of animals on public lands made in the course of a senatorial debate on a lex Thoria.3 The second is potentially more useful. In Brutus (136) Cicero notes briefly the qualities as a speaker of a Sp. Thorius and connects him with a law regulating public lands: Sp. Thorius satis valuit in populari genere dicendi, is qui agrum publicum vitiosa et inutili lege vectigali [vectigale codd.] levavit. These brief remarks provide the sole grounds for emending [End Page 556] the name of the author of Appian's second measure, Spurios Borios or Bourios, to Sp. Thorius.4Unfortunately, Cicero's seemingly simple characterization of the Thorian... (shrink)

Forest tenure reforms are occurring in many developing countries around the world. These reforms typically include devolution of forest lands to local people and communities, which has attracted a great deal of attention and interest. While the nature and level of devolution vary by country, all have potentially important implications for resource allocation, local ecosystem services, livelihoods and climate change. This book helps students, researchers and professionals to understand the importance and implications of these reforms for local environmental quality, climate (...) change, and the livelihoods of villagers, who are often poor. It is shown that local forest management can often be more successful than top-down management of common pool forest resources. The relationship of local forest tenure reform to the important climate change initiative REDD+ is also considered. The work includes a number of generic chapters and also detailed case studies from China, Ethiopia, Kenya, Nepal, Tanzania and Uganda. Using specific examples and a wide variety of disciplinary perspectives, including quantitative and qualitative analytical methods, the book provides an authoritative and critical picture of local forest reforms in light of the key challenges humanity faces today. (shrink)

The political and legal perspectives on and understanding of the process of land reform in South Africa differ from the church's vision and understanding on what land reform entails. Currently, land reform through the restitution of church land to indigenous people is still not solved to all party's satisfaction, although this issue is on the table since 1994. The research focuses on the actions by the Roman Catholic Church that argued that 'society ensures (...) justice when it provides the conditions that allow associations or individuals to obtain what is their due, according to their nature'. The church also suggests that land is an arable resource that gives people access to certain basic needs necessary for them to lead a dignified life. This article discusses and evaluates the outcomes of the restitution of Catholic Church land since 1994-2014. It also addresses the contribution by the Catholic Church to land restitution during the period of 1994 -2014 to advocate and encourage further participation in the land reform programme. In light of this reality, one can ask whether the Catholic Church can bring about positive influence to the present challenges facing the land reform programme. Positive examples of the trainings and workshops conducted by the church within different communities are showcased to note possible future structures for dealing with land restitution from the church's perspective. (shrink)

Wael Hallaq explores the history, development, and contemporary trends in Muslim political thought using the work of Morocco-based philosopher Taha Abdurrahman. A sweeping intellectual history and philosophical examination, this book examines the trajectory of how we understand the central questions plaguing modernity in both the West and Muslim lands.

The theological revivification of the concept of gift and gift exchange in the last two decades has provoked questions on how notions of divine superabundance can be translated into economics. In this article, I relate the thinking of Paul Ricoeur, John Milbank, Philip Goodchild and Albino Barrera to a specific economic reform that entails seeing land enclosure as inimical to the stability and fairness of an economy. I refer to the political economy of Henry George which takes (...) class='Hi'>land value taxation to be its centrally defining principle for a just economy. (shrink)

The activities of early Protestantism have been sufficiently researched, especially nowadays. But most of the works are mostly about his penetration into the Ukrainian land and adaptation to new socio-historical conditions. Unfortunately, the original base of early Protestantism, in particular Calvinism, has not been practically studied, though we have preserved two particularly noteworthy testimonies of Ukrainian Calvinists. One of them is the Gospel teachings that emerged in the sixteenth century. in Transcarpathia in the village of Nyagovo of the present (...) Tyachiv district. The monument is so unexplored that even the Calvinist content is expressed in the scientific literature. In this connection, we set ourselves the task of analyzing the content of this monument and bringing it to Calvinism, that is, to reformation. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates (...) critical voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

We have just completed an exhausting nine‐month debate on the future of the Affordable Care Act. I see this debate as having ended—as of this writing—in a draw. After months of repeal efforts, Republicans in the House barely passed in early May, with a 217‐to‐213 margin, the American Health Care Act, which would have significantly amended the ACA. Republicans in the Senate spent the summer trying to arrive at amendments to the AHCA that could attract fifty of their fifty‐two votes, (...) but in the end, the clock ran out on their opportunity to enact an amendment without Democratic input. With this legislative failure, we appear to be in a stalemate. The Affordable Care Act remains in place as the law of the land, but the Trump administration seems committed to at best condemning the ACA to malign neglect and at worst actively undermining it at every opportunity. Given the political stalemate, the time is right to reassess the deeper issues at stake and ponder the prospects for a considered compromise on health reform. (shrink)

Michael Flürscheim was an important but now largely forgotten utopian of the late nineteenth and early twentieth centuries who was at the center of a nexus of economic and social reforms focusing on the single tax, land nationalization, and an improved currency. He wrote a number of utopias in both German and English, was involved with two intentional communities, and established exchange banks in New Zealand where people could exchange goods and services directly or through the notes the banks (...) issued. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th century England, and proceed through (...) the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

US scholars have ever proposed the doubt of “Who will feed China?” In the past 30 years or so since the reform and opening up in China, China has fed a population accounting for more than 20% of the total population in the world with an area of cultivated land accounting for less than 10% of the total in the world. And the self-sufficiency rate of grain in China still remains above 95%, which is an impressive achievement in (...) Chinese agriculture, and this achievement has been a result of combined action of multiple factors. However, the most critical factor is the successful implementation of agricultural development policies by the Chinese government in the past 30 years or so ever since the reform and opening up in China. (shrink)

Bentham and J. S. Mill can be regarded as utilitarian tax-reformers distinguished from political economists who were simply averse to taxation. The purpose of this paper is to elucidate the difference between Bentham's and Mill's tax reform programmes. Bentham proposed the law of escheat and a tax on bankers' and stock dealers' profits, subject to the principle of least sacrifice of enjoyment. He also planned to correct the inequality of the land tax by extending it into a general (...) income tax. Mill proposed an income tax on the basis of the principle of equal sacrifice of enjoyment. He also proposed a progressive inheritance tax and a variable land tax, regarding unearned income as a fit subject for a special tax. Consequently, Mill used Bentham's ideas and tools to take a step towards a more egalitarian programme. (shrink)

COVID-19 exposed flaws in the law regulating the sharing of data and human biological material. This poses obstacles to the epidemic response, which needs accelerated public health research and, in turn, efficient and legitimate HBM and data sharing. Legal reform and development are needed to ensure that HBM and data are shared efficiently and lawfully. Academics have suggested important legal reforms. The first is the clarification of the susceptibility of HBM and HBM derivatives to ownership, including, inter alia, the (...) promulgation of a revised version of the South African Material Transfer Agreement by the Minister of Health. This would remove uncertainty regarding the current SA MTA’s perpetual donor ownership clause. The second is the development of data trusts, the adoption of open access to research data, and the creation of an African ‘data corridor’. This would ensure that data are protected while allowing for the efficient transfer of data between researchers for the collective good and in the interest of the public. The third is the amendment of the Space Affairs Act to extend the powers of the Council of Space Affairs to include the management of data collected through the utilisation of Earth observation and geographical information systems. This would ensure the protection of outer space data, legislating its use and sharing once it lands on Earth. The implementation of these legal reforms and developments will better prepare SA to face future epidemics from a health research perspective. (shrink)

In the late thirteenth century, western Europe suffered the notable disgrace of losing the last of the Christian strongholds in mainland Syria with the fall of Acre in 1291, and yet throughout the early fourteenth century Western powers were unable to launch a crusade to recover the Holy Land despite repeated and costly attempts. Until not long ago, historians of the crusades had interpreted the inaction of the fourteenth century as a sign that the age of true crusading was (...) over and that both disillusionment with the machinery of the papal indulgence and increasing local strife effectively removed the possibility of international cooperative action that a crusade to the Holy Land required. Recent scholarly work on the late Middle Ages has shown that this interpretation ignores both historical reality and late-medieval attitudes toward crusading. Acre's loss in many respects crystallized issues regarding crusade reform, and, though no new crusade to the Holy Land ever materialized, crusading in its various guises experienced renewed vitality throughout the fourteenth century—notably in Iberia, Italy, and the Baltic—in spite of the ravages of the Black Death, the suppression of the Templars, the collapse of prominent Italian banking houses that supported crusade finance, and the Anglo-French conflict. While the Holy Land may have remained in heathen hands, crusading remained a diverse, multifaceted, and vibrant set of practices that continued to be contested and redefined by various social groups despite the papacy's sophisticated descriptions of it in papal bulls and in canon law. In this study I hope to facilitate interdisciplinary discussion of crusade theory and practice by examining literary evidence—specifically, the Middle English romance Sir Isumbras—with a more broadly conceived notion of crusade discourse that includes connections among propaganda, chronicle, religious ritual, and popular romance. As I argue, Sir Isumbras critiques certain knightly behavior following Acre's loss and at the very least imagines, if not outright promotes, crusading reform and action for a mixed audience of lesser knights and non-nobles. The topicality of the poem's critique, however, is fully intelligible only when considered in light of other facets of crusade discourse; hence, I discuss below how features of popular fourteenth-century crusading movements, chronicle histories, and literary history are appropriated and reconfigured by the text. By reading these various sources as part of a connected, evolving discussion, we effectively expand our definition of the genre of the crusading romance in a way that not only incorporates historians' recent insights regarding the range of crusading practices but also reveals that crusading's personal and political aspects, in addition to its mass military campaigns, continued to shape a complex medieval outlook that found literary expression. (shrink)

Agricultural modernisation is a longstanding goal of China’s Party-state. Since the early 2000s, it has pursued this goal through policies designed to facilitate land consolidation and support the expansion of large agricultural enterprises – ‘New Agricultural Operators’ (NAOs). In this paper we explore the effect of these policies on the livelihoods of a cohort of smallholder orange growers in the mountainous regions of Hubei province and the local political economy. An analysis of data from a 2019 survey of 266 (...) households and interviews with villagers, agribusiness executives, cooperative leaders, and government officials, we find smallholder farmers are earning good incomes as independent commodity producers, withstanding attempts by local officials at land consolidation, and bypassing NAOs to self-determine their own modes of production and exchange. Our results speak to the ongoing debate about the future of smallholder farming in China, identify the strengths and limitations of recent state-centric analyses of agrarian transition, and re-iterate the pitfalls of the central government’s agricultural modernisation agenda. (shrink)

In the last two decades in Brazil, indigenous peoples have been struggling for their rights through the practice of what they call “retomada de terras” (reappropriation of lands), which consists of reoccupying ancestral lands that were invaded by farmers or other explorers. Inspired by indigenous perspectives, new social movements are struggling for land and territory. After years of reclaiming the legal demarcation of indigenous lands or agrarian reform without a resolution from the State, they decided to act directly (...) in the building of their territories. Within this process, there is also a production of another space, another ecology, another relationship to the land. If Carl Schmitt is right when he says that the original movement that makes law arise is the taking of land, which produces an ordering of space and defines borders that establish internal and external relations, what happens when lands are retaken and borders are reshaped? If we conceive of law in a very modern and technical conception, solely linked to an institutional image, it cannot help us to answer this question. The practice of “retomada” by the Tupinambá people and the agroecological experience of the Web of the People (Teia dos Povos) in Brazil can be an interesting path to investigate how the conditions of existence can be produced beyond abstract rights and more-than-human arrangements can change the way we live together. These practices produce justice spatially in a given territory and bring conceptions of rights rooted in the entanglements of bodies and their territories. (shrink)

The late 60s of the twentieth century, in Sergipe, was marked by the outbreak of a series of conflicts over land tenure and lack of work. In a period in which social movements were seen as subversive demonstrations, the struggle of the peasants of the region Cotinguiba was treated as a police matter, through repression and arrest of leaders. This article seeks to analyze the process of negotiation between the peasants of Sergipe Cotinguiba and the political and agrarian elites (...) in the land reform process institution in the state under the mediation of the Roman Catholic Archdiocese of Aracaju. This negotiation resulted in the creation of the Promotion of Sergipe Field Man and the formation of community farms under the supervision of the Metropolitan Archbishop of Aracaju, Dom Luciano Duarte. With this, it becomes possible to understand the actions of the clergy in the negotiation between peasants and landowners. (shrink)

The role of this article is to present a historical analysis of how the expropriation occurred and concentration of land in Brazil it has been since the arrival of the colonists to the present day. Evaluate how this event influenced, as a rule, expulsion and enslavement of indigenous peoples in their own lands, the enslavement of black Africans, in the Brazilian rural exodus, the swelling of the cities in recent decades; hunger in the field, the shortage of food commodities (...) in the cities and in the present family farming underdevelopment of the country as a whole and its consequent and continuous concentration in a few hands "the Brazilian agrarian oligarchy" preventing the implementation of agrarian reform and land distribution for families and landless farmers. (shrink)

Governmental and non-governmentalagencies worldwide have devoted considerablefinancial, technical, and organizational efforts toconstruct or rehabilitate irrigation infrastructure inthe last three decades. Although rural povertyalleviation was often one of their aims, evidenceshows that rights to irrigated land and water wererarely vested in poor men, and even less in poorwomen. In spite of the strong role of irrigationagencies in vesting rights to irrigated land and waterin some people and not in others, the importance ofagencies‘ targeting practices is still ignored.This article disentangles (...) how public irrigationagencies either included or excluded women and mensmallholders as right holders to irrigated land andwater. This is done on the basis of significant casestudies from Africa, Asia, and Latin America thatpoint in both positive and negative directions. Thegeneral conclusions are the following. Rights toirrigated land are related to the site-selection andphysical design of land-bound irrigationinfrastructure. These rights are vested in the pooreither by implementing a localized land reform or bydirectly selecting poor people‘s land forimprovement. Among all potential land users in aselected site, water rights have to be defined. Thepoor are included as title holders if water rights arevested in land users rather than land owners, and inboth women and men, rather than in male householdheads. A common condition to get water rights is thatone has to participate in construction investments.Agencies need, firstly, to open up this condition forthe poor, also for women, and, secondly, ensure thatpoor people‘s investments are linked to rights.Parallel to vesting land and water rights, externalagencies influence the composition of the local forumsin which decisions on land and water rights arerefined, endorsed, and implemented, and they influencethe order in which project activities are planned andundertaken. Early inclusion of the poor in theseforums and crystallization of expropriation andallocation criteria and procedures before constructionstarts are pivotal for poverty alleviation. (shrink)

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a (...) moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force. (shrink)