Advocates of gentrification regard it as a strategy of urban rehabilitation. Critics see in it the displacement of people from old neighborhoods, the polarizing of communities and both the expression and exacerbation of existing inequalities. Within political theory, assessments of gentrification have engaged primarily in evaluating gentrification’s benefits (rehabilitation) and burdens (displacements). In this paper, I argue gentrification is best understood as a relationship of domination between, on the one hand, the producers and consumers of gentrification, connected to one (...) another by a state-administered legislative apparatus that both commodifies land and makes it available as a consumable product, and on the other, all those individuals who are outside of that relationship, but who must nevertheless live in the shadows it casts. Focusing on how the boons of rehabilitated urban space can be weighed against the burdens assumed by displaced people is thus beside the point: domination is baked into gentrification as a strategy of capitalist urban development and should therefore be rejected. (shrink)

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

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...) story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 13 Stephanie Yingyi Wang When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China Ang Lee’s film The Wedding Banquet could be classic introductory material for tongzhi studies and, particularly, for research on cooperative marriage.1 In the film, Wai-Tung, a Taiwanese landlord who lives happily with his American boyfriend Simon in New York, (...) is troubled by his parents’ constant efforts to try and find him a bride. His partner Simon suggests he could arrange a marriage of convenience with WaiTung ’s tenant Wei Wei who is from mainland China and is also in need of a green card to stay in the United States. However, their plan backfires when Wai-Tung’s enthusiastic parents arrive in the United States and plan a big wedding banquet. As the film critic and scholar Chris 1. Tongzhi, literally “same purpose,” is the Chinese term for “comrade.” Since the 1990s, it has been appropriated to replace the more formal tóngxìnglìan (same-sex love) to refer to gay men and lalas (same-sex desiring women) in the Chinese-speaking world. The translation of xinghun as “cooperative marriage” is debatable, as xinghun literally means “pro-forma marriage.” In other works, “contract marriage,” “fake marriage,” or “pro-forma marriage” are used to refer to gay-lala marriage. Informed by Lucetta Kam’s work, I use “cooperative marriage ” to highlight that such marriage is not merely functional without sustenance, but is contingent on the cooperation and negotiation between multiple parties in the relationship, as my findings suggest. See Lucetta Yip Lo Kam, Shanghai Lalas: Female Tongzhi Communities and Politics in Urban China (Hong Kong: Hong Kong University Press, 2013), 85. winner of the 2018 Feminist Studies Graduate Student award 14 Stephanie Yingyi Wang Berry points out, analysis of the film rests not on any individual, but on the Confucian family as “it negotiates the interface with globally hegemonic American culture,” suggesting that there exists an understanding of gayness in the context of the family that is distinct in Chinese culture.2 Berry continues to argue that the moral ambivalence produced by the film is structured by different sets of values: the gay person is not merely concerned about individual identity fulfillment, but he also adjusts his actions to satisfy the family expectation; the parents, especially the father figure, is not merely a patriarch with strict moral provisions and standards, but someone who can allow for implicit negotiation to keep the surface harmony as long as he gets a grandson; the woman is not merely an independent agent freed from social constraints, but a bride who is also attached to emotional comfort and conjugal ideals. Just as The Wedding Banquet tactfully reveals one type of cooperative marriage with its mutual benefits and examines the multilayered complexity of each individual player in the marriage game, this research takes as its subject cooperative marriage between gay men and lalas as an exciting departure to understand queer subjectivities and queer kinship intersected with gender, sexuality, class, and tongzhi politics in urban China.3 Though seemingly monolithic, marriage and family have become contested terrains for tongzhi to negotiate their gender performance, queer desires, and aspirations for better lives. The transnational makings of gayness and rights-based identity politics have contributed to the increasing awareness of a cosmopolitan gay identity and the desiring of alternative life choices of Chinese tongzhi, which lays the very foundation of their motivation to seek ways to cope with the heteronormative family model. Coming out and gay marriage are upheld as primary tropes of identity politics, facilitated by the self-identified tongzhi grassroots groups that emerged during the initiation of AIDS work in 1994 for gay men and at the 1995 Fourth World Conference on Women, which gathered hundreds of lesbians from around the world in Beijing.4 How2. Chris Berry, “Wedding Banquet: A Family (Melodrama) Affair,” in his Chinese Films in Focus: 25 New Takes (London: British Film Institute, 2003), 183. 3. Lala is a slang term in China for same-sex desiring women and includes lesbian, bisexual, and trans women. 4. Katie King, “‘There Are No... (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

A commercial tenant's interest in the retention of the rented item can be of paramount importance. In the event of landlord insolvency, the landlord's demands fade into the background and the creditor's rights take precedence. This unforeseeable development for the tenant can endanger the tenant's very existence due to divestiture of the rented item, i.e. his business, shop or factory. This work deals with the typical scenarios of such cases and answers the question concerning the possibility of effectively preventing the (...) specialized right of termination according to 111 of the German Insolvency Act. ". (shrink)

The nineteenth century is a very important period from our contemporary point of view. It is then that many socio-political ideas were born and have affected our social and individual life until now. It is in the nineteenth century that humankind sought to reflect on freedom, individualism and progress, and often paid dearly for any utopian misinterpretations in this area. Last but not least, in the nineteenth century the modern philosophical perception clashed with Christianity. The paper sought to show this (...) intellectual turmoil by focussing on the main adherents of reconciling new ideas with religion. This reconciliation could be effected with an integral view of the human being in mind. The integral human being, advocated by Newman and Acton, can manage to abide by timehonoured traditions and assimilate whatever there is of positive value in civilization.Le 19ème siècle est une période riche en enseignements pour notre réflexion contemporaine. C'est durant ce siècle que nombre d'idées sociopolitiques ayant influé jusqu'à présent sur notre vie individuelle et sociale sont nées. C'est au 19ème siècle que l'humanité chercha à réfléchir sur la liberté, l'individualisme et le progrès, et elle paya au prix fort les erreurs d'interprétation utopiste commises dans ces domaines. Aussi, et non des moindres, c'est au 19ème siècle que la perception philosophique moderne entra en conflit avec le christianisme. L'article vise à dépeindre cette agitation intellectuelle en mettant l'accent sur les principaux tenants de la réconciliation des nouvelles idées avec la religion. Cette réconciliation peut se faire si on a à l'esprit une vision complète de l'être humain. Cet être humain complet, tel que défendu par Newman et Acton, possède les qualités suffisantes pour respecter les traditions ancestrales et assimiler ce qu'il y a de valeureux dans la civilisation. (shrink)

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author explores doctrinal hurdles facing plaintiffs alleging biotrespass. To overcome concerns about the metaphysicality of molecular biotrespass, the author draws analogies to “cybertrespass.” To confront the problem of suing patent licensors for the actions of (...) their licensees, the author makes reference to principles of landlord-tenant law. Well-established laws concerning wandering animals shed light on the policies underlying biotrespass. In the second part, the author examines such policies in further detail and considers the purpose of transporting property metaphors into bio/nanospace. The article concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly. (shrink)

The Curia dei Foretani, or the Court of the Countrymen, of the commune of Lucca was a sort of rural small-claims court. Designed by an urban government to hear minor civil cases which originated in the countryside, it was occupied with the variety of issues that punctuated country life, most especially cases brought by landlords, merchants, and speculators whose living was tied to the rural economy of northwestern Tuscany. The records of the Curia dei Foretani offer an unusual opportunity to (...) investigate landlord-tenant, lender-borrower, and speculator-producer relations during the critical period of the fourteenth century when urban interest in the countryside was intense. As will become clear, the streamlined procedure used by the court was designed to allow rapid petition, hearing, and judgment, which, it has been argued, were designed to favor the wealthy, usually urban, elites. Yet as analysis of the actual functioning of the court will show, villagers in this part of Tuscany were able to avoid, or at least moderate, the most complete forms of landlord domination. The reasons why are complex, but one aspect was the court procedure itself, which could be manipulated by knowledgeable members of strong, semi-autonomous rural communities who had access to legal advice or who had broadly based communal support for their actions. Urban landlords in the Lucchesia never achieved the sort of economic domination of rural life which seems to have typified the region around Florence and Siena. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial (...) decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (shrink)

In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, it (...) is not clear if they are impermissible, given the benefits for the recipients. I argue that payments are impermissible if at least one of two conditions are met: The payments demean or harm other members of society, or the payments are provided to recipients who have failed to consent to the payments. (shrink)

Residential rent control is a contentious issue in many jurisdictions throughout the world. While tenant groups have often argued vociferously in defence of control, landlord groups and the vast majority of economists have been equally vehement in their criticisms. This paper examines some key normative issues involved in rent control. In particular I examine arguments in favor of control based on the alleged unfairness of winfall profits, upon affordability, and finally on the creation of rights to security of tenure. Various (...) objections by libertarian and free market philosophers and economists are examined. I conclude with a somewhat limited defense of rent control as used in specific situations as part of a more comprehensive policy to satisfy the normative demands at the root of tenant pressure for rent control. (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...) a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

The central topic for this book is the ethics of treating individuals as though they are members of groups. The book raises many interesting questions, including: Why do we feel so much more strongly about discrimination on certain grounds – e.g. of race and sex - than discrimination on other grounds? Are we right to think that discrimination based on these characteristics is especially invidious? What should we think about ‘rational discrimination’ – ‘discrimination’ which is based on sound statistics? To (...) take just one of dozens of examples from the book. Suppose a landlord turns away a prospective tenant, because this prospective tenant is of a particular ethnicity – arguing that statistics show that one in four of this group have been shown in the past to default on their rent. That seems clearly unfair to people of this ethnicity. But we are routinely being judged in this way – not just on the basis of our ethnicity, but assumptions are made about us and decisions taken about us based on our gender, religion, job, post-code, hobbies, blood-group, nationality, etc. Now suppose that another landlord turns away a convicted criminal, arguing that one in four of convicted criminals have been shown to be unreliable rent payers. Is our intuition the same as before? Should it be? This book is suitable for all students of philosophy, especially those with an interest in applied ethics. (shrink)

a houseis a structure that provides shelter for humanity. Studies have shown that in most parts of the world, urban rents are determined by various factors. These factors include location, level of facilities and services, neighborhood characteristics, space etcetera. Among these factors, the most influencing factor of rent in Wa Municipality is the level of facilities and services provided for tenant use. The objectives of this research was to examine the cost of housing construction, to determine the role played by (...) government in housing provision, recommend policies for housing provision, determine the portion of household income spent on rent. The methodology of this research is base on interplay of deskwork and fieldwork and these took the form of data collection, presentation and data analysis of findings. In the course of this study, both qualitative and quantitative primary and secondary data were collected. A summary of the findings from the research indicates that: cost of building materials is the major contributory factor to the cost of construction aside land and labour cost, the existing rent control law as currently operated have little or no impact on rent charged in the Municipality, current rent levels in the municipality are deemed to be satisfactory, besides the already documented rent determinants, population, occupation, and prospective duration of lease were also identified. One other major finding was that landlords do not take into account the room v let but take into consideration the number of people occupying the room to charge their rent and as such tenants who cannot afford to pay the full recoverable rent has to search for tenants they don‟t know. The group recommends that, There should be given a high priority to local building materials, which could reduce the cost of building and the improvement of the supply chain of various building materials; there should be a mechanism that would ensure that the Rent Control Board, the house owners and tenants would be provided with a platform where consensus building can be done in order to ensure transparency in rent charge Finally, the government should also urge the exemption of value added taxes on building components sourced locally as well as import duties on imported goods. (shrink)

As a conscientious moral agent, a judge in a court of law often finds herself in a difficult position. She is confident that the law requires a certain result in the case before her, but she is at least as confident that this legally required result is unjust or otherwise morally objectionable. Consider some examples of cases in which a reasonable judge might consider herself to be in this position: ▪ The law of landlord and tenant can require a judge (...) to evict an impoverished, elderly widow from her apartment for missing rent payments.1 ▪ A student in a poor school district sues his state for providing a much lower caliber of education than students receive in wealthier districts. Binding legal precedent requires the judge to dismiss the student’s lawsuit. ▪ Binding precedents construing the Fourth Amendment require judges to exclude evidence obtained without a search warrant. As a result, a child molester is acquitted, and, predictably, strikes again. (shrink)

Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses (...) a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI. (shrink)

In 2015, the predominantly visible minority immigrant community of Herongate, in Ottawa, Ontario, was slated for redevelopment by its landlord, Timbercreek Asset Management. This redevelopment involved mass eviction of the incumbent tenants, demolition of the existing affordable housing and its replacement with luxury rentals, which, by all indications, are beyond the financial reach of the former Herongage tenants. This paper seeks to problematize large-scale residential real estate redevelopment in Canada and examine its impact, using the Herongate situation as a case (...) study. Among other things, it profiles the Herongate community, its history and present redevelopment, and explores the legal framework, and the limits thereof, constraining mass evictions of this type in Ontario. The findings indicate that the selection of Herongate for redevelopment was not fortuitous; generally, racialized and immigrant communities like Herongate are disproportionately likely to be selected for large-scale redevelopment projects, and thus subjected to mass-evictions. Further results suggest that the dissolution of the Herongate community – and the attendant dislocation of its members – has exacted a pronounced social and economic toll and compounded the racial discrimination already experienced by the former Herongate residents, most of whom are visible minorities. The paper concludes with an appeal to imbue the redevelopment process with a greater regard for social justice, and a right to housing as a policy solution to address the injustice caused by real estate redevelopment. (shrink)

Rent-control laws limiting the rents private landlords can charge tenants are controversial in the United States. Critics have condemned rent control’s mandated wealth transfer from landlords to tenants, and economists have decried its negative effects on rental supply and quality. With the advent of the sharing economy, rent-controlled tenants can rent out their below-market units for short durations at market-level or premium prices, a practice I term “rent control sharing.” The reaction to rent-controlled tenants pocketing money from Airbnb and other (...) homesharing sites at the expense of their hapless landlords has been negative. Yet, the sharing economy has not changed an essential feature of rent control: the redistribution of wealth from landlord to tenant. Instead, Airbnb and similar platforms have altered the form of the redistribution and the legal relations between landlord and tenant, and increased the salience of the wealth transfer from landlord to tenant. As a result, rent control sharing collides with public preferences for in-kind redistribution and stronger legal protections for property used personally or intimately. This Article explores how rent control sharing accentuates some of the flaws of rent control and fuels the debate over rent control’s future. (shrink)

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks', for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to (...) have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism. (shrink)

Community standards, ethical norms, and perceptions of fairness often serve as constraints on pure profit maximizing behavior. Consider the following examples: Most hardware stores refrain from raising prices on snow shovels after a major snow storm, even where short term profits might be increased. Most employers do not lower wages for existing employees, even as unemployment in the area increases. Automobile dealerships rarely raise sticker prices to cope with the long waiting periods for a popular model. Each of these anomalies (...) is consistent with the proposition that firms increase profits subject to fairness constraints.This paper examines perceptions of fairness in the residential real estate industry and explores how community standards affect economic decision-making. The residential real estate industry is unique. One party to the transaction (the landlord) frames decisions as pure business decisions. The other party to the transaction (the tenant) frames decisions more broadly. While a tenant's choice of apartments is in part viewed as a business decision, tenants consider a broad spectrum of non-business issues, as well. (shrink)

In his classic paper on social costs, social scientist R. H. Coase has argued that in a world without transaction costs in the "buying and selling," of social benefits and damages, resource allocation would be unaffected by a change in the apportioning of liabilities. That is, whether or not a social nuisance-causer must pay damages to those to whom he is a nuisance, will not, in an efficient economy with no transaction costs, have any effect on resource allocation. In this (...) paper, the author intends to show that there is a certain class of nuisances that are not amenable to Coasean solutions even if one grants Coase 's intuitive notions of prudence and rationality, it is considered these situations only in the short term, and considerations of equity are ignored. This class of nuisances comprises certain of those instances in which the interests of a tenant are not identical with those of his landlord. The article also purposes to shed light on the merits of an "unearned increment" tax on the value of land. (shrink)

Research on sexual harassment in the workplace is extensive, yet research on sexual harassment in housing is extremely limited. In this study, the author qualitatively analyzes 60 cases of sexual harassment in rental housing to expand on recent research addressing this topic by examining the forms and processes of housing-related sexual harassment in more detail, with a particular focus on class and race. This study reveals that sexual coercion is the most common form of sexual harassment for women in housing. (...) It also demonstrates the intersections of race, gender, and class in shaping this harassment. Landlords used their institutional authority in the housing context and racialized gender stereotypes to exploit tenants'economic vulnerabilities and sexually coerce them. Landlords also used these strategies to defend themselves against complaints of harassment. (shrink)

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

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)

Over the last thirty years, once staunchly film history scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, André Gaudreault and Benoît Turquety (to name just a few) have abandoned history for historiography and film studies for media archaeology. Considering the heightened attention given to kulturtechnik (Siegert), the database as a dominant symbolic metaphor,1 and the decentered networked tenants of the postmodern global present, cinema is taking on the characteristics of new media, existing in increasingly intertextual space. Thus, the term (...) “post-cinema” has been co-opted as a viable intermediary that accounts for new media conditions, as cinema is no longer emblematic of our cultural climate. It was once presaged in 1992 that “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema, of which we are seeing the beginning, human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere.” Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. By locating post-cinema within the semblance of social media, we are allocated a newfound series of theoretical interventions, the most marked of which is that of media archeology vis-à-vis dialectical materialism. This is a lens through which Brian Winston has recently deftly decried Virtual Reality’s “empathy machine” utopic illusionism, bolstered by Chris Milk and a slew of neurohumanities researchers, steadily maintaining that the fundamental myth of “technologies of seeing” is in disguising “their artifice, their cultural formation and their ideological import.” However, this approach, which illuminates the bifurcation between Max Horkheimer/Theodor Adorno and Walter Benjamin, neglects what Benjamin identified as occurring to the work of art in the age of its technological reproducibility—a shift from a technology’s “cult value,” associated with the unique work, to its “exhibition value,” associated with the social act of viewing as part of a mass. Speaking to this divarication, Benjamin Barber, in Strong Democracy, foresaw new media’s two-fold potential—as they are organized and networked, new media and communications technologies possess the possibility to both energize citizen information and political participation but, simultaneously, to supplement the deterioration of public debate. As evinced by Mark Adrejevic’s concept of Infoglut, this two-pronged possibility has only been exacerbated by the interlocking relationship between the advent of a “glut” of information, post-truth politics, the demise of symbolic efficiency, and a renewed focus on the role of affect and emotion as “alternative modalities for thinking about the role of communication in a post-referential era.” Manuel Castells qualifies Barber’s pessimism, noting that the Internet can “be an appropriate platform for informed, interactive politics, stimulating political participation.. […] beyond the closed doors of political institutions,” but that the Internet, like any technology, “is shaped by its uses and users.” Thus, if there exists a positive correlation between exposure to post-cinema media artifacts and political participation, then I seek to explore the revelatory political possibilities of “exhibition value” by way of a particular “post-cinema” case study: the Marxist-Leninist Turkish hacktivist group Redhack’s YouTube-circulated documentary RED! (2013), a project that demanded—by way of the moving-image—to galvanize cyberprotest and democratize a “hacktivist commons. (shrink)

Celebrated as the equal to the great philosophers of old, namely Plato and Aristotle, whom – as Cassiodorus put it – he taught to speak Latin better than they spoke Greek, Boethius aspired to fully emancipate Roman culture from its Greek models through translations and exegesis so faithful they would leave nothing more to be desired from the original. The essay focuses on Boethius philhellenism, without complexes insofar as it had little to do either with the mixed feelings of his (...) Roman predecessors or with the plundering agenda of his Christian contemporaries. Special attention is paid to the close relationship Boethius established between word for word translations and multi-layered commentaries which he thought of and – albeit partially – carried out as part of the same scholarly endeavour. Devoid of literary pretentions as well as free from aspirations to autonomy, Boethius literal rendering and scrupulous interpretation were meant to be completely self-sufficient. Together they stand out as both the most innovative and the most conservative features of his ambitious cultural project. -/- Célébré comme l’égal des grands philosophes du passé, auxquels il aurait appris à parler Latin mieux qu’ils ne parlaient Grec, Boèce a caressé le rêve d’une émancipation radicale de la culture romaine vis-à-vis des modèles grecs qu’il se proposait de traduire et interpréter assez fidèlement pour que la comparaison avec les sources ne soit plus nécessaire. De son effort de livrer un Aristote et un Platon latins à la hauteur des originaux grecs, nous étudions l’étroite solidarité qui relie la traduction mot-à-mot des textes grecs et la restitution scrupuleuse de leur sens. Cette double tâche, que Boèce a conçue et menée d’un seul tenant, nous est dès lors apparue comme le reflet d’un philhellénisme sans complexes, tout aussi éloigné des sentiments ambivalents que nourrissaient vis-à-vis des hellènes ses devanciers romains que des efforts visant à domestiquer l’héritage classique auxquels se livraient certains de ses contemporains de même confession que lui. Affranchis de tout rêve d’autonomie, les traductions et les commentaires de Boèce se conçoivent comme parfaitement autosuffisants. Ensemble ils constituent ce qu’il y a à la fois de franchement novateur et de profondément conservateur dans son projet de faire parler Latin les sources grecques. (shrink)

Summary This paper examines the entomological investigations carried out by the French naturalist Henri-Louis Duhamel du Monceau during a series of insect epidemics that ravaged France in the second half of the eighteenth century.1 This article began as a paper for Pamela H. Smith's ?Knowledge in Transit? graduate seminar. I would like to thank the participants of that seminar for comments and feedback. I would also like to thank Pamela Smith, Carl Wennerlind, Anya Zilberstein, Christopher L. Brown, Charly Coleman, Matthew (...) Jones, Peter Walker and Melissa Morris for their suggestions and comments on this paper. Finally, thanks to Vanessa Copeland for invaluable assistance in the archives in Paris. The author acknowledges support from the Social Sciences and Humanities Research Council of Canada and the Graduate School of Arts and Sciences, Columbia University. It shows how a particularly fierce invasion of caterpillars in the Angoumois region in the 1760s sparked theoretical debates about the nature of animal generation between academic naturalists, farmers, provincial officials and amateur naturalists. As part of a wider effort to reform agricultural production in France, Duhamel du Monceau sought to eliminate vernacular understandings of insect generation and to reform local pest control techniques. In his attempt to develop a body of pest-control knowledge grounded in the systematic observation of insect generation, however, Duhamel du Monceau relied heavily on the efforts of amateur naturalists. The paper shows how he mobilized a nation-wide network of entomological observers, and collected specimens and observational reports from farmers, improving landlords and local officials throughout France. Some informants did not only act as ?mere? observers, but formulated their own causal claims about insect generation that sometimes contradicted those of their metropolitan counterpart. Finally, it demonstrates that a ?patriotic? discourse that joined agricultural improvement and civic virtue provided a powerful impetus for the formation of collaborative relationships between academic naturalists, state officials and enlightened agricultural improvers. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

Farm to School programs aim to connect school children with local foods, to promote a synergistic relationship between local farmers, child nutrition and education goals, and community development. Drawing from 18 months of ethnographic research with a regional FTS project and interviews with child nutrition program operators implementing FTS across Georgia, we identify perceptions of food safety as an emerging barrier in efforts to bring local foods into schools. Conducting a thematic analysis of data related to food safety, we (...) find that FTS participation may be hindered by discourses and perceptions of safety risks attributed to local foods—and to local produce in particular. We argue that this results, paradoxically, from a core tenant of FTS and other local food movements: forging personal relationships with farmers, through which POs confront the transparency of local food production, in contrast to the opacity of food procured through standard supply chains. Faced with unfamiliar production practices, and responsibilized to protect students as “at risk” subjects, POs may decide that buying local food is “not worth the risk.”. (shrink)

This essay explores theories of place, or lived-space, as regards the role of objectivity and the problem of relativism. As will be argued, the neglect of mathematics and geometry by the lived-space theorists, which can be traced to the influence of the early phenomenologists, principally the later Husserl and Heidegger, has been a major contributing factor in the relativist dilemma that afflicts the lived-space movement. By incorporating various geometrical concepts within the analysis of place, it is demonstrated that the lived-space (...) theorists can gain a better insight into the objective spatial relationships among individuals and within groups—and, more importantly, this appeal to mathematical content need not be construed as undermining the basic tenants of the lived-space approach. (shrink)

Dans son Histoire de la divination dans l’Antiquité, Auguste Bouché-Leclercq intègre une présentation de l’incubation à l’étude de la « divination par les songes », cette dernière constituant le premier chapitre de la partie consacrée à la « divination intuitive » . Il y revient notamment, plus longuement, dans le chapitre consacré aux « oracles d’Asklépios ». La relecture de ces pages conduit à une mise à l’épreuve de la classification « divination inductive » / » divination inspirée » dans (...) laquelle l’incubation a trouvé, non sans difficulté, sa place en même temps qu’elle permet, en tenant compte du contexte dans lequel l’ouvrage a été écrit, de souligner la rupture qu’A. Bouché-Leclercq était en train d’opérer dans la conception que l’on pouvait avoir à la fin du XIXe siècle de la relation des Anciens avec le divin.In his History of divination in Antiquity, Auguste Bouché-Leclercq includes a presentation of the practice of incubation in the study of “divination through dreams”, which constitutes the first chapter of the section on “intuitive divination”. He notably returns to the subject, at greater length, in the chapter on the “Oracles of Asclepius”. Rereading these pages leads to a questioning of the classification “inductive divination” / “inspired divination” in which, with some difficulty, incubation has found its place. At the same time, by taking into account the context in which the book was written, it makes it possible to emphasize the break that Bouché-Leclercq was making from the conception of the relationship of the Ancients with the divine, which prevailed at the end of the nineteenth century. (shrink)

We contend that software developers have an ethical responsibility to strive for reliable software. We base that obligation on long standing engineering traditions that place the public good as a central tenant and on the professional relationship between a software developer and the users of the software developed.

This book presents a critical reconstruction of the social and political facets of Thomas Hill Green’s liberal socialism. It explores the complex relationships Green sees between human nature, personal freedom, the common good, rights and the state. It explores Green’s analysis of free exchange, his critique of capitalism and his defence of trade union activity and the cooperative movement. It establishes that Green gives only grudging support to welfarism, which he saw as a conservative mechanism in effect if not conscious (...) design. It is shown that he believes state provision of welfare to be justified only to the extent that peasants and the proletariat lack a culture and institutions which enable them to assert themselves against abusive landlords and capitalists. Ultimately, it is shown that Green’s guiding ideal is the creation of a eudaimonically-enriching kingdom of ends, which favours the creation of a dynamic and free society driven by mass participation through decentralised social and political institutions. This book builds on Colin Tyler’s The Metaphysics of Self-realisation and Freedom, although it can also be read as a freestanding work. (shrink)

L'idée que la concentration géographique est essentielle au processus d'innovation est largement admise. Or, ce lien n'est pas clairement établi et il convient de réinterroger les relations entre communication, localisation et processus d'innovation. Cet article s'attache à le faire en privilégiant une entrée par les dynamiques de proximité, c'est-à-dire par la question de la coordination des acteurs. Nous identifions dans un premier temps le rôle de la proximité entre les différentes parties prenantes du processus d'innovation. Nous proposons ensuite une typologie (...) de la diversité des configurations spatiales de l'innovation en tenant compte du jeu dynamique des proximités.The idea that geographic concentration is essential to the process of innovation is widely recognized. However, this relationship is not clear and should re-examine the relationship between communication, location and process innovation. This article attempts to do so by favoring entry dynamics proximity, that is to say, by the issue of coordination of the actors. We identify firstly the role of proximity between the various stakeholders in the innovation process. We then propose a typology of the diversity of spatial patterns of innovation taking into account the dynamic interplay of proximity. (shrink)

Farm to School programs aim to connect school children with local foods, to promote a synergistic relationship between local farmers, child nutrition and education goals, and community development. Drawing from 18 months of ethnographic research with a regional FTS project and interviews with child nutrition program operators implementing FTS across Georgia, we identify perceptions of food safety as an emerging barrier in efforts to bring local foods into schools. Conducting a thematic analysis of data related to food safety, we (...) find that FTS participation may be hindered by discourses and perceptions of safety risks attributed to local foods—and to local produce in particular. We argue that this results, paradoxically, from a core tenant of FTS and other local food movements: forging personal relationships with farmers, through which POs confront the transparency of local food production, in contrast to the opacity of food procured through standard supply chains. Faced with unfamiliar production practices, and responsibilized to protect students as “at risk” subjects, POs may decide that buying local food is “not worth the risk.”. (shrink)

A. Reinach et J. Searle sont bien connus pour avoir chacun développé une théorie de la réalité sociale prenant appui sur le cas particulier de la promesse. Celle-ci est vue comme un acte de parole primordial où la relation à l’autre à qui l’on promet est constitutive de l’acte : c’est ce qui fait son caractère social. Cette caractéristique entraîne une véritable objectivité des obligations engendrées. Pourtant, ces similitudes dans l’analyse recouvrent des divergences conceptuelles fortes entre le tenant d’une phénoménologie (...) réaliste découvrant des essences sociales et le théoricien des actes de parole qui propose un constructivisme social.A. Reinach et J. Searle are well-known for both having elaborated a theory of social reality founded on the particular case of promise. This one is seen as a seminal speech act constituted by relationship to other people : hence its social character. This social feature enables the obligations deriving from the promise to get real objectivity. Despite these similarities of analysis, there is strong divergence between the supporter of realistic phenomenology looking for social substances and the speech-act theorist proposing a social constructivism. (shrink)

No estudo dedicado às relações entre teologia e filosofia, très modelos de compreensão são submetidos a exame; estes modelos apoiam-se respecti-vamente sobre Hegel, Husserl e Heidegger. Mas ao mesmo tempo aparece a limitaçâo interna de cada um des tes modelos: a relaçâo representaçâo--pensamento, a análise transcendental da consciência religiosa e o estudo da diferença do ser e do ente nâo podem fornecer do problema de Deus uma apresentaçâo que satisfaça quer o filôsofo quer o crente. É por isso que a (...) anâlise deve ser retomada com outras bases - o conceito de pessoa e o de desimplicaçâo - tendo em conta o resultado destes modelos. /// Dans l'étude consacrée aux relations entre théologie et philosophie, trois modèles de compréhension sont soumis à l'examen; ces modèles s'appuient respectivement en Hegel, Husserl et Heidegger. Mais en même temps appa-rait la limitation interne de chacun de ces modèles: le rapport représentation--pensée, l'analyse transcendantale de la conscience religieuse et l'étude de la différence de l'être et de l'étant ne peuvent donner du problème de Dieu une présentation qui satisfasse ni le philosophe ni le croyant. C'est pourquoi l'analyse doit être reprise sur de nouvelles bases - le concept de personne et celui de désimplication - en tenant compte du résultat de ces modèles. /// In this study dedicated to the relationship between theology and philosophy, three models of understanding are considered; these models are those of Hegel, Husserl, and Heidegger. But there is an internal limitation within each one of these models: the relation between representation and thought, the transcendental analysis of religious consciousness, and the difference between Being and being cannot provide the problem of God with a satisfactory presentation for neider philosophers nor believers. For this reason the analysis has to be reconsidered from a new perspective - that of the concept of Person and that of "desimplication" - after studying the results of those models. (shrink)

The author studies with the problems of formation of the tenancy institution, the social composition and land tenure by the tenants. The obligations, share and territorial location of the peasants - tenants in the Southern Urals are analyzed. Complicated land relations between the tenants and Bashkir’s are revealed. The results of the undertakings by the government in land relations rights regulation of Bashkir’s and their tenants are analyzed. The purposes, the main content of the decrees of 1830-1850s on land arrangement (...) of the tenants are distinguished. It is emphasized that the activity of Russian authorities on land tenure had not liquidated the uncertainty of land relations between Bashkir’s and their tenants. (shrink)

Psychologists often characterize the infant’s attachment to her primary caregiver as love. Philosophical accounts of love, however, tend to speak against this possibility. Love is typically thought to require sophisticated cognitive capacities that infants do not possess. Nevertheless, there are important similarities between the infant-primary caregiver bond and mature love, and the former is commonly thought to play an important role in one’s capacity for the latter. In this work, I examine the relationship between the infant-primary caregiver bond and (...) love. I argue that while these very early attachments do not represent genuine love, a fuller understanding of them can inform extant philosophical views of love. (shrink)