Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

Legal Literacy and Immovable Property: Laws,Norms and Practices in Colombia

An equitable gender distribution of property ownership may be enhanced or limited by family law, individual knowledge of the law, and social norms. South America's laws of equal inheritance by sex and birth order and equal distribution of property upon divorce provide the basis of a gender‐equitable distribution of property ownership. This report of a qualitative case study exploring the gendered knowledge of immovable property laws and the practice of patterns of property ownership in central Colombia provides insights into the gap between law and practice caused by lack of information, social norms, gendered access to legal titles, a complex legal system and high transaction costs. It argues for greater attention to titling, legal procedures, legal education and legal advice to secure effective immovable property ownership for women.     

Defiant Innovation: The Adoption of Medical Marijuana Laws in the American States

Diffusion research often characterizes the role of the federal government in innovation adoption as a supportive one, either increasing the likelihood of adoption or its speed. We examine the adoption of medical marijuana laws (MMLs) from 1996 to 2014 to shed light on what motivates states to adopt innovations that are in explicit defiance of federal law. Furthermore, we examine whether federal signals have any influence on the likelihood of adoption. In doing so, we utilize implementation theory to expand our understanding of how the federal government's position impacts state policy innovation adoption. We find mixed evidence for the influence of federal signals on the adoption of MMLs. The results suggest that medical marijuana policies are much more likely to be adopted in states when proponents have the political or institutional capital, rather than a medical or fiscal need. Moreover, this political capital is sufficient independent of the federal government's real or perceived position.     

《张家山汉墓竹简·二年律令》中诸律的制作年代试探

对《二年律令》中《户律》、《赐律》、《秩律》、《置后律》及《收律》等的制作年代进行考证,证明《二年律令》中的诸律并非制作于同一时期,从而为正确运用《二年律令》提供了可供参考之处。     

Manufacturing and Regional Economic Growth in Turkey: A Spatial Econometric View of Kaldor's Laws

In this paper, the regional economic growth process of Turkey during the period 1990–2000 is analysed within the context of Kaldor's laws. The validity of Kaldor's three growth laws is empirically tested by spatial econometric methods as well as traditional econometric method. The empirical results reported in this paper demonstrate the validity of the laws for Turkey over the period under discussion. In testing the first law, spatial dependence is detected. The presence of spatial dependence indicates that the growth of neighbouring regions (and indirectly, the growth of their manufacturing sectors) has an effect on the growth of a region. All the empirical findings suggest that manufacturing has a key role in regional economic growth.     

Land Use Transition and Deforestation in Developing Countries

Deforestation in developing countries frequently occurs when logging interests abandon cut plots to farmers, who then make use of the land by producing either cash or food crops. This paper presents a model of land use transition that reveals conditions under which logging interests abandon cut plots to follow-on farmers. The model incorporates key characteristics of forest utilization contracts so that the effects of particular contracts may be observed. Thus, the model serves as a basis for designing contracts that can help control deforestation.     

Rule of Law Expedited: Land Title Reform and Justice in Burma (Myanmar)

Abstract

The development of rule of law is touted as one of the most important considerations in Burma (Myanmar) today, yet its meaning is highly contested after fifty years of military rule. This paper will examine how the rule of law in Burma’s transitional political environment has been influenced by the legacies of military rule and the government’s development policies since 2011. A series of laws introduced by the Thein Sein government under the rubric of rule of law and good governance had a significant impact upon small hold farmers across the country. While some laws specifically related to farmers and their land, others encouraged private investment in the land used by farmers. The combined effect of these laws was to formalise the pattern of land grabbing that had developed under the previous government and to encourage land speculation. Moreover, they show how an expedited procedural rule of law incited conflict and further injustice. Any progress towards substantive justice and a more democratic rule of law must keep pace with improvements in the country’s limited administrative and judicial capacities. Whether, and how far, Burma can develop and move beyond a thin or procedural rule of law will be tested as the country experiences life under the NLD government.     

Laws in medieval Iceland

Whereas in eleventh- and twelfth-century western Europe Christianity had taken firm root, monarchy had developed and legislation by royal and ecclesiastical authorities was a normal practice, in Iceland culture remained, for a long period, practically uninfluenced by Roman and canon law. In the present article early Icelandic laws, representatives of this culture, will be described, their formulation and application investigated, and the developments among the establishment of a central authority at the end of the thirteenth century discussed.     

On the Problem of Laws in Nature and History: A Comparison

In the philosophy of science there has traditionally been a tendency to regard physics as the incarnation of science per se . Consequently, the status of other disciplines has been evaluated according to their ability to produce laws resembling those of physics. This view has yielded a considerable bias in the discussion of historical laws. Philosophers as well as historians have tended to discuss such laws mostly with reference to the situation in physics; this often led to either one of two conclusions, namely that (1) history is epistemologically completely separated from natural science because it does not have universal laws, or that (2) the ultimate goal of the study of history must be the formulation of such universal laws. I maintain that neither conclusion is necessary. To substantiate this position, I discuss several aspects of natural laws. One aspect that is often neglected is that there are many kinds of statistical laws in nature; there is no close link between laws and determinism. Moreover, natural systems exist that have a history, that is, systems that are, like human history, shaped by irreversible, singular events. One important case is biological evolution; accordingly I discuss the relation between evolutionary theory and historiography. However, since we are part of the living world, and in addition to considering the methodological similarities between the two fields, one could also ask whether the laws of evolution are of direct relevance for understanding our history. This issue of history as evolution is investigated in detail in the final section of the paper.     

On Interrelationships Between Natural and Social Laws

The author takes issue with those geographers who argue that a unified geography is ruled out by the fact that natural laws and social laws cannot be blended and there are no general laws operating in the geographical environment. He seeks to demonstrate in philosophical terms that laws of nature operate in society by speeding or slowing the rate of social development and that, on the other hand, social laws affect the end result of the operation of natural laws.     

The Behavioral Impact of Drinking and Driving Laws

All U.S. states have laws designed to discourage people from drinking and driving, but enforcement varies across the states. Existing studies offer conflicting evidence on the effectiveness of these strategies in deterring drinking‐and‐driving behavior. Deterrence theories imply that the mere existence of such laws has little impact on criminal behavior, but the perception of enforcement and the probability of being detected have a deterrent effect. To test these hypotheses, we develop a measure of the propensity to drink and drive using item response theory and national survey data. Inferential models test the impact of perceptions of enforcement, actual enforcement levels, and deterrence laws on criminal propensity. Results indicate that the existence of statutes impacts only those least likely to drink and drive, while perceptions of the likelihood of arrest and individual agreement with the goals of drinking and driving laws significantly reduce the propensity for almost everyone. Actual enforcement rates display no behavioral effect.     

Borrowing of Land,Security of Tenure and Sustainable Land Use in Burkina Faso

Lack of formal security of land tenure is often cited as a constraint for participatory land management programmes which try to motivate African farmers to grow trees and to realize other improvements in their fields in order to control soil erosion. According to this approach, the borrowing of land would represent an insecure form of land tenure hindering sustainable land use. However, on the basis of a case study in Burkina Faso, this article demonstrates that this is not necessarily so: borrowing arrangements may play a part in avoiding local overload of the carrying capacity and in an efficient distribution of village lands among the farming units. Furthermore, borrowing does not hinder some major intensification techniques of land use which are currently being applied in Burkina Faso. Legal interventions which aim to increase security of tenure and to create favourable conditions for sustainable land use may in fact have the opposite effect.     

Reason and sense perception in comte's theory of mind

Hume is normally—and in my view, correctly—taken to be a legal conventionalist. However, the nature of Hume's conventionalism has not been well understood. Scholars have often interpreted David Hume as being largely indifferent to the specifics of the laws, so long as they accomplish their basic task of protecting people's property. I argue that this is not correct. Hume thinks certain systems of law will accomplish their purpose, of coordinating people's behaviour for the benefit of all, better than others. He introduces two concepts, which I call generality and convenience, to designate those features of the law that allow it to best accomplish its purpose. Of the two, generality is the more important. The ability to implement a system of what Hume calls “general laws” is a feature common to those governments he considers “civilized” rather than “barbarous.” A set of more specific criteria may be extracted from Hume's texts, which laws must meet if they are to be considered general. Many of the criteria Hume identifies later become associated with theorists of the so-called “rule of law.” Hume's conventionalism can thus be read an important development beyond that of Hobbes, one that lays a foundation upon which later theorists such as A.V. Dicey are able to build.     

A community out of balance: nationality law and migration politics in the history of post-unification Italy

Italian government policies concerning foreign immigration have to be understood in the context of laws on nationality. Since the time of unification, Italian laws on nationality have been closely determined by policies on emigration and immigration. As a result, the laws regarding the nationality status of Italian emigrants returning from abroad, and for foreign immigrants in Italy, have on the whole been determined by the procedures adopted for the acquisition or deprivation of Italian nationality. This is a subject that has not been studied and this article reconstructs the principal stages in the development of Italian nationality laws from the early twentieth century to the present. This reveals that Italian nationality law treats Italian emigrants and foreign immigrants in very different ways. Both the legal system and government policy has in the past been extremely generous towards the former and has made both the preservation and the reacquisition of nationality relatively easy for Italian nationals, even before there were practical motives for this (e.g. the right for Italians living overseas to vote). When it comes to foreign immigrants, however, Italian law is amongst the most restrictive in western Europe. The article concludes by arguing that this underlying imbalance is a major but largely ignored weakness in Italian democracy.     

Presidential Signing Statements and the Durability of the Law

Prior literature suggests that presidents use signing statements to unilaterally move policy closer to their own ideal point after Congress has already voted on and passed a particular bill. Congress, however, retains the ability to revisit and amend the law by passing another bill. A presidential signing statement may thus make a law less durable and more likely to be amended in the future. To investigate this relationship, we examine all laws passed from the 95th through the 108th Congresses in order to demonstrate the specific influence of presidential signing statements on future congressional amendment activity. The results of our analysis lend support to the theory that laws receiving presidential signing statements are in fact more likely to be revisited and revised by Congress. These findings add to the literature both on presidential signing statements as well as the evolution of laws.     

法律规制网络匿名表达的基本原则

网络匿名表达需要法律规制,而法律在对网络匿名表达进行规制时,应当遵循社会公共利益原则,限制网络匿名表达权要严格遵守既定程序的原则,政府要制定必要的救助原则,以防止行政权力对网络匿名表达限制过度。     

Making Law Work: Restructuring Land Relations in Africa

This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in Africa. Given current (external) donor tendencies, and (internal) pressures for reform from within, this is a particularly topical issue: in seeking to explore it, the author draws on his own experiences and involvement in land law reform, as well as other sources of information, concentrating on countries and events in Eastern and Southern Africa. After examining various models and country experiences, the article concludes that, while there is no single ‘right way’ to tackle land tenure reform in Africa, there are a number of factors which may be crucial to success, and in which the law—and lawyers—can play a vital role.     

Some Introductory Notes

The authority of a court to declare laws and official acts unconstitutional is a practice which sheds a strong light on the interplay of law and politics. It is a judicial act which gives to judges so obvious a share in policymaking that where it prevails there is little room left for the pretense that judges only apply the law (Ehrmann, 1976, p 138)     

The origin of the Racist Laws under fascism. Aproblem of historiography

Abstract

Why did the fascist regime adopt racial laws in the 1930s? The laws were aimed first atnon-Europeans and people of mixed race in the colonies, and then at the Jews. This article reviews recent studies on the racial laws, which took a variety of forms, within which the specificity of the anti-Semitic legislation has to be acknowledged even though the legislation against the Jews came at much the same time as the other racial legislation. Were these laws an attempt to imitate Nazi Germany, and hence in some form an off-shoot of foreign policy? Or were there seeds of racism already present in Italian politics and society that found fulfillment in the racial laws? These issues have for some time been the subject of major debate, in which different historiographical traditions have come into conflict, while attention has been drawn to the need to counter attempts to blame others for what remains the responsibility ofItalians.     

Australia,US torture and the power of international law

ABSTRACT

Australia cooperated extensively with the George W. Bush administration during the ‘war on terror.’ However, in doing so, Australia failed to condemn, and in some instances, condoned US torture and detention programs. Does Australia’s conduct demonstrate a failure of international law and human rights to constrain Australia’s actions? Although the Howard government was heavily criticised for failing to uphold human rights in the fight against terrorism, international law was not forgotten. This article argues that international law shaped Australia’s cooperation with the US. Australia strategically used international laws to legitimise its cooperation with the US in the face of evidence of US torture. International law was not dismissed to pursue national security interests but used to legitimise Australia’s security policies.