Draft Chapter Research Articles

The Puzzle of Marx’s Missing “Results”: A Tale of Two Theories

A long-standing puzzle in the history of Marxian economic thought concerns Marx’s decision to omit the draft chapter titled “Results of the Immediate Process of Production” from the published version of volume 1 of Capital. A number of authors have explored this puzzle without satisfactorily resolving it. This article addresses the question by linking Marx’s omission to a larger set of revisions made to arguments he developed in earlier drafts of Capital. It identifies two distinct theoretical accounts of the phenomenon of surplus value in these drafts, based respectively on Marx’s historical analysis of developments in capitalist social relations and his treatment of the connection between commodity prices and values, and argues that Marx may have been driven to diminish and obscure his historical account in light of increasingly evident inconsistencies with his value-theoretic account. The argument concludes with a discussion of possible consequences of Marx’s decision for his theoretical legacy in the development of economic thought.

The Quality of Monopoly Capitalist Society: Culture and Communications

This is a hitherto unpublished chapter of Paul A. Baran and Paul M. Sweezy, Monopoly Capital (New York: Monthly Review Press, 1966). The text as published here has been edited and includes notes by John Bellamy Foster. The style conforms to that of their book. Part of the original draft chapter, dealing with mental health, was still incomplete at the time of Baran's death in 1964, and consequently has not be included in this published version. For the larger intellectual context see the introduction to this issue.This article can also be found at the Monthly Review website, where most recent articles are published in full.Click here to purchase a PDF version of this article at the Monthly Review website.

Innenfra Og Utenfra - Grunnloven Og Menneskerettighetene (From within, from outside - The Norwegian Constitution and Human Rights)

Constiutions are traditionally nation-specific, yet legal ideas transgress national borders and influence legal development beyond their origins. In a globalized legal world national constitutions are also influenced by international law. This draft chapter for a coming anthology on the evolution of the Norwegian Constitution of 1814 looks at how international Human Rights inspired the Norwegian Constitution in 1814, and continue to influence our understanding of it today.

Evidence-based Planning—A Myth or Reality: Use of Evidence by the Planning Commission on Public–Private Partnership (PPP)

Public–private partnerships (PPP) are being touted as the way forward for health care in the country as demonstrated by the draft chapter of the 12th Five-year Plan for health. The planning commission refers to the Rajiv Gandhi Super Specialty Hospital, Raichur, as ‘evidence’ of ‘good’ PPP without mentioning the multiple problems identified in this model, as documented in an evaluation report by the Government of Karnataka. The concerns raised by the evaluation team and the failure of the Planning Commission to take cognizance of these concerns are discussed in some detail in this article. Some of the issues identified with the PPP model of health care in Raichur are the absence of third-party evaluation, poor utilisation rates, lack of measurable benefit to the BPL population and poor governance and accountability systems.

Islamic Approaches to Fundamental Economic Problems

This paper argues that scarcity is not the fundamental economic problem, but rather distribution is. It also shows that economic growth will not solve our economic problem. offers a radically different perspective on human economic problems and how to solve them. These are exposited in the second part of the paper.This is an earlier draft of chapter written for Oxford University Handbook on and the Economy, edited by Kabir Hassan and Mervyn Lewis, Later it was revised and shortened, with title changed to Islam versus Economics

Administrative Law for Idaho Local Governments

This is a draft chapter on administrative law issues facing Idaho local governments. The chapter will eventually be part of a treatise on Idaho administrative law generally. Comments on this draft are invited.

The Image of Germany in the Russian Press and in the Eyes of The Russian Political Elite: Chapter Draft from 'Constructing Identities in Europe: German and Russian Perspective'

In recent years, Russia has intensified its economic, political and sociocultural contacts with Germany and with the European Union as a whole. The Laboratory for Political Research at the State University/Higher School of Economics has analyzed the image of Germany and the European Union as portrayed by the Russian media and Russian political elite. We have posed the following questions: – What is Germany’s place in the public consciousness, as shaped by the media? – How does the Russian press present Germany to its readers? – How do the Russian media correlate the image of Germany with ideas about the EU? – What does the Russian political elite think about the European Union?

A rightly balanced intellectual property rights regime as a mechanism to enhance commercial earth observation activities

Earth observation by satellites is one of the developing sectors of space activities with the growing involvement in private capital or actors. This leads to the question of how efficient legal rules governing this activity are. Copyright law is one of the key fields of law applicable to earth observation activities and is the subject of the present analysis. This paper describes the current state of copyright regulations in different jurisdictions. 1 1 The paper is largely based on my current doctoral research. Draft chapter on file with the author. It also addresses the issue of defining earth observation data for the purpose of applying copyright protection to them. Finally, it analyses whether more or less copyright protection would be beneficial for the commercialisation of the earth observation activities, and the distribution and further use of data they produce.

The International Criminal Court as a Political Object (La Cour Pénale Internationale: Objet Politique)

This draft chapter (in French) for an edited collection on the Rome Statute of the International Criminal Court aims to characterize the ICC as a political object. It suggests that whilst the ICC is premised on an aspiration to transcend politics, it finds it very difficult to achieve that goal in practice. On the one hand, the ICC is an improvement on victors' or ad hoc hoc justice, and it is shaped by a cosmopolitan vision of its role that sees itself as profoundly a-political. Politics, from thereon, are always seen as external to the Court, a contamination from the outside world to be minimized as much as possible in the courtroom. On the other hand the ICC can be seen as its own source of politics: it is in itself a form of soft power, if only that of its state parties; the prosecutor's discretion can hardly be described as anything but political, even in the best sense of the term; and, most importantly, the Court is called upon to implement an at least rough form of foreign policy if it is to achieve anything. All in all, the Court ends up being deeply reliant on some of those very practices that it is prone to condemn. The easy way out is to go for marginal targets and at least ensure that the Court fills its docket, but there is a very real risk that the ICC will become an instrument of politics, rather than a tool to challenge its worse aspects.

The Challenge of an International Environmental Criminal Law

This draft chapter for an edited collection examines the theoretical prospects of an international criminal law of the environment, in light of the evolution of international criminal law and the constraints posed by the concept of the environment itself. It suggests that international criminal law’s drive towards “cosmopolitan” crimes has left the international community curiously disarmed when it comes to “global” crimes such as those against the environment. International criminal law is confronted with the tragedy of the commons and the fact that, whilst all states collectively have an interest in certain grave attacks on the environment being repressed, no state individually is keen to take on that responsibility. The chapter nonetheless assesses a number of arguments both in favor of criminalization of attacks against the environment and for their international repression. Ultimately, the emergence of an international environmental criminal law would complement existing modes of regulation of the environment, not pose insurmountable problems to criminal law, and affirm the international community’s very global interest in ensuring that the conditions of global communal life are guaranteed.

Information as IP Subject Matter

This paper is a draft chapter from a forthcoming book on copyright law in the digital environment. This chapter (Draft Chapter 1 in the book) addresses the basic question of as subject matter of IP regulation, especially in the context of copyright law. It develops a conception of that seeks to descriptively and prescriptively inform the debate over property-like rights in information at a rather abstract level. The paper further suggests that this conception is applicable to numerous questions of regulation, policy and judicial interpretation.

Four Fundamental Procedural Rights in Criminal Proceedings Throughout the European Union

This is a draft chapter for a study that aims to update the study of T.N.B.M. Spronken, M. Attinger, Procedural Rights in criminal proceedings: Existing Level of Safeguards in the European Union, published on 12 December 2005. This chapter aims to provide a comprehensive overview of the ECtHR case law on four fundamental rights: right to information, right to legal advice, right to legal assistance free of charge, right to interpretation and translation. The study will be completed in September 2009.

Level of Service Analysis of Freeway Weaving Segments

This paper reports on the product of NCHRP Project 3-75, which resulted in the development and calibration of new models for freeway weaving segments, including a draft chapter for the forthcoming Highway Capacity Manual (HCM). The most critical element of the current procedures in the HCM 2000 is the prediction of the average speeds of weaving and nonweaving vehicles in the weaving segment. These speeds are converted to an overall density for the segment that determines the prevailing or expected level of service. The proposed method does away with the strict assignment of weaving geometries to one of three configuration categories and also the need to determine whether the operation of the weaving segment is constrained or unconstrained. That approach led to the need to calibrate 12 equations to predict speeds. In research, this greatly increased the size of the desirable database for calibration. The new approach relies on the prediction of lane-changing activity within the weaving segment to quantify the impact of configuration and type of operation on resulting speeds and densities.

The United Nations Human Rights System and the Protection of the Environment

The following another draft Chapter in a forthcoming text on Human Rights and the Environment by Anton and Shelton, to be published by Cambridge Univ. Press in 2009. The chapter walks students through possible avenues for environmental protection within the U.N. human rights system.

Religion Naturalized: The New Establishment

This essay is a draft chapter for inclusion in Courtney Bender and Pamela Klassen, eds., After Pluralism (forthcoming Columbia 2009). The chapter explores the idea that a new naturalization of religion is present in U.S. legal contexts. Using recent decisions in FFRF v. Nicholson and Hein v. FFRF, the chapter argues that there is an increasingly distinct move away from the high separationism of the mid-twentieth century toward what we might call a post-pluralistic acknowledgment of religion as natural or universal. While this move is seen as establishmentarian by some, by others it is seen as a benignly so, permissible because no longer tainted by religious bigotry. A legal division between the church and the state, or between persons of faith and persons not of faith, ontologically speaking, on which separation law depends, no longer makes sense, descriptively, if it ever did. Such a division can only be made on a doctrinal basis by established religious or legal authorities who define insiders and outsiders. Such authorities no longer exist in the U.S. Virtually all Americans, however orthodox their asserted religious identities, Protestant or Catholic or Jewish or Muslim, or, claim the right to associate themselves with religious communities and practices associations at will, and to mix and match religious traditions. That right is understood to be authorized by political, legal, and theological narratives and texts. There are no churches left to establish or to disestablish. In their place, the human, every human, is now imagined by law as being in need of spiritual care.

Foundations of Evolutionary Economics, Chapter Two: Evolutionary Causality

This is the second draft chapter of my book Foundations of Evolutionary Economics which is going to be published by Edward Elgar in 2009. With permission of the publisher, these draft chapters are posted on the SSRN website to facilitate academic discussion for further improvement. A full summary of chapter two can be found at the beginning of the main text. The chapter constructs an ontological foundation for evolutionary analysis. The core notion is bimodality, that is, every element of the world can be analyzed in either the matterenergy mode or the knowledge mode. This builds on recent physical theories which interpret the evolution of the universe in terms of information (Chaisson, Lloyd and others). I add the concept of an evolving state space with emergent novelty. Relative to the evolving state space, the concept of evolutionary causality is outlined, which is context-bound, emergentist, teleonomic and enformation-enhancing (enformation is Shannon information relative to an evolving state space). Evolutionary causality engenders the formation of new states in the state space, i.e. novelties, or, new knowledge bimodally related with matterenergy structures. The structural dynamics of this process can be described as a generalized hypercycle, with the biological archetype of closed loops of autocatalytic processes.

Academic Life: The Whole Package

When I received the unexpected but welcome invitation to write a Reflections article, I wondered which aspects of my life in science are sufficiently distinctive to make the article worth reading. One aspect may be my survival as a department chair for nearly 25 years while struggling to contribute as well in teaching and research, in other words, embracing the “whole package” of academic life: teaching, research, and service. Another part may be my experience as coauthor of a biochemistry textbook. To deal with both, I will begin with my introduction to biochemistry.

The Law of Group Boycotts and Related Economic Considerations

One of the more confusing areas of antitrust law is that dealing with group boycotts. The term has been applied to at least three distinct practices. This draft chapter of a forthcoming book focuses on regulatory and classic boycotts. It assesses them from the perspective of the economics of intellectual property. The conclusion is that regulatory boycotts are most appropriately viewed as potential ancillary restraints while classic boycotts are best teated as per se unlawful.

Torture in the Modern West

This document, which is a draft chapter (completed in December 2005) from an ongoing book project, discusses and analyzes the use of torture by modern democracies. The chapter surveys the conduct primarily of England, France, Israel, and Spain, but also to some degree of Canada, Italy, and Sweden. (I address the conduct of the United States in other parts of the book.) With the exception of a brief discussion of British practices in India, I focus on post-World War II conduct. For example, Kenya and Northern Ireland (England), Vietnam and Algeria (France), the Basque insurgency (Spain), and the treatment of Palestinians (Israel). I discuss specific allegations about the use of torture and related forms of mistreatment, as well as legal and political responses, including recent decisions of the Supreme Courts of Canada and Israel and of Britain's House of Lords. At the end of the chapter, I also discuss the issue of extraordinary rendition. Throughout the chapter, I make three claims. First, torture is not aberrational conduct in modern democratic societies but is instead pervasive. Second, the practice of torture in such societies reflects common ideas of racism, colonialism, emergency, exception, and necessity. Third, torture in modern democracies is almost always hidden and therefore always capable of being denied or explained away as exceptional. My hope is that readers of this draft will provide comments (or corrections) that will strengthen the analysis (or put me on notice of deficiencies). Perhaps, too, this draft will be helpful to the increasing number of people writing on torture.

Experience with Market-Based Environmental Policy Instruments

Environmental policies typically combine the identification of a goal with some means to achieve that goal. This paper, prepared as a chapter draft for the forthcoming Handbook of Environmental Economics, focuses exclusively on the second component, the means--the instruments--of environmental policy, and considers, in particular, experience around the world with the relatively new breed of economic-incentive or market-based policy instruments. I define these instruments broadly, and consider them within four categories: pollution charges; tradable permits; market barrier reductions; and government subsidy reductions. By defining market-based instruments broadly, I cast a large net for this review of applications. As a consequence, the review is extensive. But this should not leave the impression that market-based instruments have replaced, or have come anywhere close to replacing, the conventional, command-and-control approach to environmental protection. Further, even when and where these approaches have been used in their purest form and with some success, such as in the case of tradeable-permit systems in the United States, they have not always performed as anticipated. In the final part of the paper, I ask what lessons can be learned from our experiences. In particular, I consider normative lessons for: design and implementation; analysis of prospective and adopted systems; and identification of new applications.