Intellectual property and the licensing of Canadian government geospatial data: an examination of GeoConnections' recommendations for best practices and template licences

In Canada, Crown copyright permits government to assert control over its works. These Crown rights have often been justified on the basis that government must assert intellectual property rights so as to be better able to control the accuracy, integrity and quality of any information that reaches the public through Crown works. In this article, the authors examine GeoConnections' template agreements for the licensing of government geographic data. They argue that not only is the basis and scope of claims to intellectual property rights uncertain, the objectives of quality control, data integrity and accuracy do not appear to motivate the licence terms. The uncertainty as to the legal basis of the intellectual property claims is significant, as licences of this kind may give support to otherwise weak downstream claims by third parties to copyright in data products generated through the use of geographic data provided by the Crown.     

The Absence of Macpherson and Strauss in Pocock’s Machiavellian Moment

SUMMARY

Pocock's Machiavellian Moment is monumental in its erudition, and thus one may be surprised that Pocock virtually ignored Macpherson's Political Theory of Possessive Individualism in his assessment of seventeenth-century political thought, and ignored Strauss's Thoughts on Machiavelli. Pocock noted that ‘the schools of Marx, Strauss and Voegelin concur’ in holding Locke to be a bourgeois or possessive individualist. Pocock elaborated a paradigm of republicanism as civic humanism as a contrast to liberalism as possessive individualism. Pocock seemed to accept tacitly Macpherson's and Strauss's view that Locke inverted the Aristotelian view of property as a means to political participation, whereby politics became a means to the protection and accumulation of property. Macphersonian scholars have criticised Pocock for misinterpreting the function of property in the Atlantic republican tradition and Straussian scholars have criticised The Machiavellian Moment for its failure to distinguish ancient from modern republics, and for Pocock's failure to appreciate the epochal significance of Machiavelli's call to master fortune or dominate nature through technique. But it is questionable whether or not it is incumbent on an intellectual historian to address present preoccupations about capitalism or global technique.     

Winding Back Australian Women's Rights: Conventions,Contradictions and Conflicts

Since 1996, Australia's Coalition government has been involved in winding back women's rights. It has diluted the role of the Sex Discrimination Commissioner, attempted to weaken the Sex Discrimination Act to allow for discrimination on the basis of marital status, and has refused to provide Australian women protection through the international realm via the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. In taking these steps, the government has not only placed rights in conflict against each other but has also been contradictory in its approach. The attempts to wind back women's rights demonstrate the fragility of existing rights protection measures in Australia more generally and suggest the need to consider alternative rights protection mechanisms such as sex equality guarantees in a bill of rights.     

The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin.These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin. These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

A queen without a sceptre: public opinion and the political-constitutional debate in Italy in the first fifty years of national unification

Italy's intellectual debate over the concept of ‘public opinion’ in the first fifty years after unification can be better understood if one starts from an analysis of the constitutional framework. The definition of the rights and duties of rulers and ruled was the most pressing concern for the liberal ruling class. It should be noted that a strong paternalistic element was always present in the Italian intellectual debate. This paternalistic approach emerges clearly in the official Catholic culture. The main difference between Catholic intellectuals and liberals was over the ‘public sphere’. Liberalism mistrusted the masses because they were prone to insubordination and easily manipulated by demagogy, but it also believed the masses could elevate themselves. The ruling class's culture was essentially a synthesis between ‘moderatismo’ and that section of Catholicism that was less closed to modernity. Public opinion was considered by many as ‘queen of the world’, but according to the Albertine constitutional statute, the king was more politically influent.     

The Geopolitics of the ‘Future Return’: Britain's Century-Long Challenges to Norway's Control over the Spitsbergen Archipelago

Within the context of Arctic geopolitics, the article focuses on British policies toward Spitsbergen or Svalbard over the past century. The 1920 Spitsbergen Treaty accorded Norway sovereignty over the archipelago, but it gave other signatories, including Britain, non-discriminatory access to its natural resources. It is argued that while geopolitical interests have played a role in Britain's policy-making, its main rationale has been a determination to use international law to protect pre-existing mining rights and potential future oil rights in the Svalbard area. Apart from Russia, Britain has been most active in challenging Norway's interpretation of its sovereign rights, especially the view about the treaty's non-applicability to Exclusive Economic Zones and continental shelves. It is shown that the Britain's economic focus was tempered during the Cold War by the need for Western solidarity and for supporting Norway's resistance to Soviet Spitsbergen claims. But having been instrumental in watering down Norway's sovereignty provisions in the negotiations on the Spitsbergen Treaty, Britain has never been prepared to abandon its interpretation of the treaty's stipulations on natural resources and equal access to the archipelago's maritime areas.     

Beyond the Right to the City: Territorial Autogestion and the Take over the City Movement in 1970s Italy

The cry and demand for the Right to the City (RttC) risks becoming a cliché, merely signifying urban rebellion rather than proving its practical content on the ground. I explore the limits of the thesis via its fraught entanglement with private property rights and the state‐form; and through Lefebvre's radical critique of the state, political economy and rights elsewhere. Rights claims, I contend, unintentionally reify the uneven power relations they aim to overcome, while routinely cauterising the hard‐fought collective social force that forces social gains. As a counter to the RttC thesis, I explore the autonomous Take over the City (TotC) movements of 1970s Italy, arguing that these largely neglected eminently immanent forms of territorial community activism, brought here into dialogue with Lefebvre's conception of territorial autogestion, surpassed the RttC thesis in praxis. The experience of “Laboratory Italy” thus provides highly suggestive lessons for a contemporary politics of urban space.     

A new sociology of nationalism: The sociology of property and nation

In this essay, I will reflect upon what has been sociology's contribution to understanding the emergence and development of nationalism and how sociology can contribute to understanding nationalism's present and future through a property rights perspective. The essay will discuss, in particular, how historical sociological analysis of property rights and property rights regimes may be central to understanding nationalism past and future. After a general and brief discussion on the current, so‐called return of nationalism, the essay starts with discussion of some late enlightenment proto‐sociologists, suggesting that these writers actually analysed some crucial early dynamics of property and sovereignty which is central to understanding nationalism. The essay then moves on to suggests why a property rights focus might be a useful perspective to understanding nationalism in the 21st century.     

The Applicability of Human Rights: A Voegelinian Interpretation

ABSTRACT

The human rights discourse is prevalent in our contemporary social and political setting. In large part it determines the way we understand justice and therefore plays a crucial role in shaping the way we think and act. But despite its prevalence and widespread acceptance, this discourse is not without its difficulties. One of the more persistent, significant, and well-documented problems associated with human rights is whether they are universal or relative in their application. The following essay attempts to confront this question from a novel and more informative perspective than the ones offered thus far. Analyzing the debate concerning the universality or relativity of human rights from within the intellectual framework of Eric Voegelin's philosophy of history, this essay endeavors to uncover the essence of human rights and thus bring to light their true function lest we burden them with tasks that are beyond their scope.     

Property Rights for Biodiversity Conservation and Development: Extractive Reserves in the Brazilian Amazon

Many of the world's most valuable biodiverse areas are successfully managed by indigenous communities, often under peculiar property rights structures. In many cases, these communities are economically disadvantaged, even by local standards. But can particular local property rights regimes which are ecologically successful also allow communities to compete productively in market economies? The extractive reserves of the Brazilian Amazon offer an opportunity for investigating the connections between property rights, conservation and development in the context of tropical forests. This article aims to analyse whether the existing property rights in these reserves — an idiosyncratic mixture of public, collective and private property rights — can support the explicit development aim of a competitive, yet sustainable, exploitation of the area's natural resources. The analysis identifies three promising development paths open to extractive reserves, but points to a fundamental contradiction between the static structure of the property rights system and the dynamic nature of two of these paths. The current design of internal property rights fails to take into account the broader economic context in which reserves must generate a viable revenue stream. If extractive reserves are expected to develop without reliance on external aid, then changes to the property rights structure both inside and outside the extractive reserves have to be explicitly considered.     

European Union Constructive Engagement with Iran (2000–2004): An Exercise in Conditional Human Rights Diplomacy

In 2002, the European Union (EU) announced that it would enter a Trade and Cooperation Agreement with Iran. The deepening of economic and diplomatic relations between the EU and Iran was, however, linked by the Commission to progress in four areas: human rights, non-proliferation, terrorism and the Middle East Peace Process. This article argues that the current focus on efforts to find a solution to Iran's nuclear ambitions has overshadowed the dynamics of EU human rights diplomacy towards that country. Unlike diplomatic pressure on the non-proliferation issue, the EU-Iran Human Rights Dialogue did not only enjoy great support by politicians and human rights activists, but did indeed result in changes in legislation and policies aimed at the protection of human rights. Europe's multi-track strategy allowed Iranian activists and members of the legal profession to approach the notion of human rights from within the Shi'a notion of justice and rationality and thus managed to assert Islamic roots for human rights and uncovered the very secular realities of human rights violations in the Islamic Republic. The Dialogue was launched at a critical juncture in Iran's reformist movement and helped likeminded politicians, particularly the executive and parliament, to gain momentum domestically and credibility internationally. While efforts at reform were and still are often impeded by the country's competing centers of power, this article argues that efforts to promote and protect human rights in Iran must not be sacrificed for concerns over the nuclear issue.     

Sex in the City: The Politics of Sexual Liberalism in Los Angeles, 1963–79

In Los Angeles, Hollywood in particular, straight‐themed pornography and gay male nightlife became more visible and, moral reformers believed, of grave public concern between the early 1960s and the early 1970s. As a result, defining the limits of sexual freedom became a problem for urban public officials, who resolved the dilemma by casting heterosexual sex entertainment as disruptive of neighbourhood quality of life, making it a question of property values and crime, and reframing gay nightlife as an issue of privacy and the right of public assembly. The article considers battles over commercial pornography and battles over gay male rights and culture. As the civil rights and black power movements commanded, then lost, the attention of liberals, sexual libertarians and a mobilised gay rights movement forced urban politicians to reconsider the place of sex and sexual identity in public life. A new generation of urban liberals faced a difficult challenge: to respond to their constituents' libertarian views of sex and sexuality while not appearing to endorse civic disorder and economic decline. They had to defend both privacy rights and property rights.     

Values and assumptions underpinning policy for children and young people in England

This paper provides an account of current ideas about English childhood that seem to underpin policies ‘for’ children. New Labour values the future adulthood of children more than their childhoods, and stresses children's responsibilities over their rights. Generally, child protection and provision for children has higher status than children's participation. Children are excluded from participation in social life. Traditional psychological formulations remain powerful in their stress on childhood as a preparatory stage of life, where children are socialised into conformity with the norms of social life. However, the last 15 years have seen greater respect for children's own views and experiences, for their rights and for the idea that childhood is socially constructed. But the idea that children are contributors to society is still rarely recognised and they continue to suffer from low social status accordingly.     

The Advantages of Ambiguity? Development,Rule Formation and Property Rights During Transition in China

Legally protected individual private property rights and a constrained state are doctrines of neoclassical economics-derived development theory. But what about China? It lacks strong rule of law, property rights can be collective, contested and ambiguous, and the state is relatively unconstrained and maintains a central role in the economy; yet it has seen impressive economic growth to take it to the world’s second largest economy. I argue that in the absence of legal/rational protections of individual property rights, political and social networks can provide alternative methods of property protection, allowing for economic development – with political protection substituting for legal. The novel claim I make is that ambiguity of property rights can provide opportunities and spaces for development and innovation, with the building of meaning and institutions found in a transitional state, where rules are unclear and contested, and where formal rules can “catch up” if apparent success can be demonstrated.     

The Right to the City and Critical Reflections on China's Property Rights Activism

Wholesale clearance and eviction that typify China's urban development have often resulted in discontents among urban residents, giving rise to what critics refer to as property rights activism. This paper is an attempt to critically revisit the existing debates on the property rights activism in China. The paper refers to the perspective of the “right to the city” to examine whose rights count in China's urban development contexts and proposes a cross‐class alliance that engages both migrants and local citizens. The alliance itself will have substantial political implications, overcoming the limited level of rights awareness that mainly rests on distributional justice in China. The discussions are supported by an analysis of empirical data from the author's field research in Guangzhou, which examines how local and non‐local (migrant) residents view nail‐households resisting demolition and forced eviction.     

The Struggle for La Sierra: Sovereignty,property, and rights in the San Luis Valley

In 2002 the Colorado Supreme Court reversed decades of precedent in Lobato v. Taylor by awarding Hispano heirs to the Mexican-era Sangre de Cristo Land Grant renewed access rights to that grant's former communal land for grazing, timber, and firewood. Placing Lobato in historical context, this paper examines the contingent emergence of sovereignty and private property in the San Luis Valley of Southern Colorado through acts of violence, land loss, and dispossession. The paper argues that sovereignty and property, as forms of boundary drawing, are unfinished and contested projects rather than abstract, achieved universals. U.S. sovereignty in the San Luis Valley has emerged contingently through the iteration of private property, as struggles over resource access have produced sovereign effects. Such a perspective makes visible how Lobato has reiterated private property rights and U.S. sovereignty in ways that create new exclusions, even as the case returns access rights to the commons.     

The more‐than‐minimal state defended against Nozick

Robert Nozick's book, Anarchy, State, and Utopia provides one of the most influential statements of the argument that the welfare state is lacking in moral justification because it infringes property rights. Most previous criticisms of Nozick's work have been concerned to reject the concept of abstract individual rights that forms his starting point. While sound, these criticisms may have little influence on those who find the concept of abstract rights plausible. In this paper Nozick's assumptions about rights are accepted and it is shown that a much more extensive state than Nozick's minimal defensive agency can be supported. Under the specified conditions this stage does not violate these rights. If so much of the argument of those who accept abstract rights is undermined.     

Women's rights and misogyny in Brazil: An interview with Debora Diniz

In 2018 anthropologist and feminist Debora Diniz appeared as an expert witness in a Supreme Court hearing that addressed decriminalizing abortion. After receiving death threats, she was placed under police protection and forced to go into hiding. The police discovered that a right-wing extremist gang plotted an attack against her, and Diniz had to go into exile abroad, a fate she shares with several other academics working on women's rights and economic and racial inequalities. In this interview, Diniz reflects on the Brazilian political climate and its consequences for academics, freedom, women's rights and healthcare.     

Outline of an intuitionist response to Nozick

The paper is divided into two main parts. In the first part, I counter criticisms that in Anarchy State and Utopia Nozick has no argument for his views on property rights, by presenting what I take to be his main argument that the absolutist nature of property rights makes redistributive taxation impermissible. In the second part, I outline an intuitionist response to this argument. This response presupposes the truth of all the premises of Nozick's argument except its basic absolutist premise : Never use persons (coercively) merely as a means without their consent.