Certain scarce resources seem indivisible, unlike, e.g., land and cattle. But some such resources can be, and have been, turned into private property. In offshore fishing grounds, individual tranferable quotas have been issued to fishing firms that have, as a result, become custodians of fish stocks in those grounds. In the eel fishery on the Danish coast owners of farms by the coast had traditional rights to lay eeltraps leasing those rights out to professional fishermen. In the 1920’s (...) in the U.S., individual firms were gradually being granted, by court decision, exclusive broadcasting rights in a certain area and on a certain frequency. Grazing rights in Iceland were, from the beginning, allocated by quotas belonging to individual farmers. Fishing rights in Icelandic salmon rivers were also alocated by tradition to individual farmers.Certaines ressources rares semblent être indivisibles, contrairement à la terre et aux bovins par exemple. Mais de telles ressources peuvent devenir, et sont devenues, des biens privés. Dans le domaine des zones de pêche offshore, des quotas individuels transférables ont étés accordés aux entreprises de pêche qui sont devenues les gardiennes des stocks de poissons dans ces zones. Dans les pêcheries d’anguilles sur les côtes danoises, les propriétaires des fermes côtières avaient traditionnellement des droits pour poser des pièges et pouvaient louer ces droits à des pêcheurs professionnels. Dans les années 20 aux Etats Unis, des décisions de justice ont graduellement accordé à des entreprises individuelles des droits exclusifs de radiodiffusion sur certaines zones et sur certaines fréquences. Les droits de pâturage en Islande furent originellement alloués par quotas à des fermiers individuels. Les droits de pêche dans les rivières peuplées de saumons en Islande furent aussi alloués de manière traditionnelle à des fermiers individuels. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Large tracts of European rural land, mostly in the less favored areas (LFA), are devoted to low-inputs and large scale grazing systems (LSGS) with potential environmental and social functions. Although these LSGS may provide harbor for a good part of European nature values, their continuity is facing contrasting threats of intensification and abandonment. These areas, however, may be characterized by particular grazing structures and social dynamics of change that should be unveiled prior to attempts to devise rural development (...) strategies or to adapt policy frameworks in general. To wit, stakeholder interactions and legal and institutional processes are described and analyzed for the cereal-sheep system of Castile-La Mancha (CLM) in the central Iberian plain. Farmers and pastoralists still share the use of the land, but their roles and interests have changed over time, and particularly in the last 50 years. Arable farming, mainly cereal cropping, has followed an intensification path, partially tempered by the environmental constraints of the Castilian plain. Extensive pastoralism is still a secondary option of land use; in the main, sheep farmers depend on, and look to, the management practices of arable farmers. A mixed cereal and sheep operation may deliver environmental and economic benefits, but successful implementation of this strategy is only possible when the system serves the needs of both types of stakeholders. Paradoxically, the main drivers of change in the countryside overall are arrayed against this sensible and traditional agricultural system. We argue that the recent legal and institutional frameworks do not favor social cohesion and that policy-support schemes of the European Union (EU) have been, and continue to be, devised without taking into account the particular structures and social dynamic of the farming system. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This essay explores three case studies that illustrate the exemplary use of economic analysis in environmental decision-making. These include: 1) the creation of a market in tradable grazing rights in the American West; 2) a cost analysis that facilitated a negotiated rulemaking at a power plant in Arizona; and 3) a conception of production-based pollution allowances that led to an agreement for regulating Intel microprocessor production plants. The paper argues that cost–benefit analysis may be less useful than other (...) kinds of economic analysis that can guide and inform rather than judge and second-guess the outcome of negotiated and collaborative decision-making. (shrink)

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

The concept of the commons was made widely known by the research of economist Elinor Ostrom (1990), allowing the “commoners” of that community the right to sustain themselves by grazing animals and collecting wood and wild food (Bingham-Hall 2016:2). This concept denotes the public land and natural resources –such as water and air – accessible to all members of society for development and survival, around which, historically, commoners organized themselves as self-governing collectives (Brears 2021). Referring to Lessig (2001) and (...) the Oxford English Dictionary (Simpson and Weiner 1989), the commons is any collectively owned resource held in common use or possession to which anyone has access without obtaining permission of anyone else. Urban Commons “suggests a community of commoners that actively utilize and upkeep whatever is being commoned. In the new social definition, the term has taken on through grassroots projects and scholarly rethinking (…) common access has the potential to... (shrink)

The tin can rolled across the grimy tiles of the hallway. Dondog barely grazed it, with his left foot, I think, yet there it rolled. The thick cover of darkness made it impossible to know if it was a can of beer or of Coke. Empty, light, the tin cylinder followed its noisy course then stopped, no doubt because it had come up against heavier, grimier trash.The floor slanted. Like everywhere in the City, the masons who added blocks of housing (...) on top of existing ones had little regard for horizontality. They were of the mind that the cement would hold and, what's more, the walls would sink and undo any effort at getting it right. The hallway therefore had the look of a sordid and shabbily dug trench. It reeked of fish... (shrink)

Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as mining camp rules and whaling, property law sometimes relies on community custom, for example in adverse possession, nuisance law, and beach access. This Article proposes an informational theory of custom in property law. Custom is subject to a communicative tradeoff in the law: all else being equal, informationally demanding customs require an audience with a high degree (...) of common knowledge. General customs already known throughout society do not require much extra publicity from the law, and the law can easily draw on such customs. By contrast, customs that vary by community raise the question of the need for processing by non-expert audiences, i.e., outgroup dutyholders and government officials. This tradeoff helps explain the differential receptiveness to various customs and the process by which they are formalized if they are adopted into the law. The information-cost theory suggests that enthusiasts and skeptics of custom have both tended to ignore this process. The theory is then applied to some suggestive evidence from grazing customs and the pedis possessio doctrine in mining law, under which miners have pre-discovery rights to the spot being worked. Finally, the information-cost theory of custom sheds some light on the history and controversies over the numerus clausus and on the question of baselines of property entitlements in the law of takings. (shrink)

This paper offers an innovative interpretation of Socrates' disavowal of being a teacher as well as a new way of understanding Plato's depiction of sophistry. The author identifies two different types of sophists, forthrightly frivolous sophists and slyly flattering sophists, in order to compare the pedagogical methods and political motives of each of these two types of sophists with those of Plato's Socrates. In the course of this comparison it is made clear that Socrates endeavours to be not a teacher (...) but a 'cowherder', to use Plato's agricultural hunger imagery. He rejects the conventional pedagogy that endeavours to 'feed' information to students. Instead he fosters learning by putting students in a position to think ideas through for themselves, just as a cowherder puts the herd out to graze in the pasture. This pedagogy alone has the potential to produce citizens who assume responsibility for their own education. (shrink)

This paper offers an innovative interpretation of Socrates’ disavowal of being a teacher as well as a new way of understanding Plato’s depiction of sophistry. The author identifies two different types of sophists, forthrightly frivolous sophists and slyly flattering sophists, in order to compare the pedagogical methods and political motives of each of these two types of sophists with those of Plato’s Socrates. In the course of this comparison it is made clear that Socrates endeavours to be not a teacher (...) but a ‘cowherder’, to use Plato’s agricultural hunger imagery. He rejects the conventional pedagogy that endeavours to ‘feed’ information to students. Instead he fosters learning by putting students in a position to think ideas through for themselves, just as a cowherder puts the herd out to graze in the pasture. This pedagogy alone has the potential to produce citizens who assume responsibility for their own education. (shrink)

I have only two comments to make, both of which will appear incidental at first. Their full relevance to the paper you have just read will become clear at the end, as I hope.The first refers to Harris's remark that Jacobi, Schleiermacher and Herder “make strange bedfellows”. Actually, they do not. This is one more example, I believe, of Hegel's usual idiosyncratic yet conceptually sound classification of philosophers and philosophies. I am thinking especially of the Jacobi-Herder pair, but I suspect (...) that what I have to say would apply to the third member of the trio as well. We must remember that, at the time of the writing of the Preface to the Phenomenology, the 1815 edition of Jacobi's dialogue David Hume on Faith, which Jacobi himself had overseen, did not exist. It is the edition that we are most likely to have read, because the wonders of photomechanical reproduction have made it easily available. Hegel, however, could only have read the dialogue in its 1787 edition, without the long new Introduction which Jacobi added in 1815 as an introduction to his collected works as well. (shrink)

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with (...) recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

In the grammar of Christian spirituality, meditation and contemplation are often seen as synonyms. Is there a difference? This paper traces out the origin of contemplation, locating the practice of contemplation in Lectio Divina, reformed spirituality, and the experimental piety of the Puritans. This paper shows the differences in meditation and contemplation, and how they cooperate in the spirituality of those whose faith is seeking understanding. The clarification and retrieval of contemplation in evangelical spirituality is well served by attending to (...) the Puritans and their understanding of how contemplation functions in the life of those who have been raised with Christ and are setting their minds on things above, where Christ is. (shrink)

The Right and the Good, a classic of twentieth-century philosophy by the great scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

More than twenty years after its original publication, The Case for Animal Rights is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

This paperback edition is fully updated with new chapters on the livestoick crisis, fishing and BSE and a layman's guide introduction to philosophical concepts, ...

Children: Rights and Childhood is widely regarded as the first book to offer a detailed philosophical examination of children’s rights. David Archard provides a clear and accessible introduction to a topic that has assumed increasing relevance since the book’s first publication. -/- The third edition has been fully revised and updated throughout with a new chapter providing an in-depth analysis of the United Nations Convention on the Rights of the Child (UNCRC) and Part 2 has been restructured (...) to move the reader from general theoretical considerations of children’s rights through to practical issues. This volume is ideal reading for advanced studies across Philosophy, Social Work, Law, Childhood Studies, Politics, and Social Policy. (shrink)

_Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution (...) must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory. (shrink)

This article asks whether personal ventilators should be redistributed to maximize lives saved in emergency condition, like the COVID-19 pandemic. It begins by examining extant claims that items like ventilators are literally parts of their user’s bodies. Arguments in favor of incorporation for ventilators fail to show that they meet valid sufficient conditions to be body parts, but arguments against incorporation also fail to show that they fail to meet clearly valid necessary conditions. Further progress on this issue awaits clarification (...) of difficult normative, conceptual, and metaphysical questions about the possible boundaries of a person’s body. Rather than relying solely on incorporation arguments, we propose an argument against reallocation from widely accepted anti-discrimination principles. Possession of a personal ventilator is an obvious marker of disability identity; thus, reallocating ventilators from those that already possess them discriminates on the basis of a stigmatized trait – a paradigm case of presumptively wrongful discrimination. This discrimination claim, taken together with uncertainty about the bodily status of ventilators, yields a strong presumption against personal ventilator reallocation. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, (...) the distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)