Estate System Research Articles

RENOVAÇÃO DEMOCRÁTICA DO DIREITO À LUZ DA PARTICIPAÇÃO POPULAR NA “TEORIA DOS PRINCÍPIOS JURÍDICOS"

The article shows that the organic development of the World society is ambiguous and that the relations maintaining in the man’s world, in the History, in the Science and in the Law, they are environmentally tangled at the previous positions adopted to proceed the stabilization of the life’s contexts and to mitigate the contingence of the inexplicable. Actually, it’s perceptible that the conflict between the two paradigms of regulation and social development; that are: the “liberal-monetary system” and the “estate system”; disestablished the popular confidence at the bourgeois’ democracy whose legitimate always was contradictory at the practice; because it doesn’t foresee institutional forms to absorb the other’s true. Looking for optimism to analyse the matter is possible to suggest, with base on stud of a uncial case to use structurally the “theory of the juridical principles” like a “locus” to the greater approximation between the democratic overcoming of the bourgeois social theory and the inter-dogmatically compatibility of the law’s kinds principals that having autonomous principles surrounding at the world society.

Reform Options for the Estate Tax System: Targeting Unearned Income, Testimony Before the U.S. Senate Committee on Finance

This testimony makes three main points. First, inheritances tend to exacerbate existing economic disparities and may be the most important barrier to intergenerational economic mobility. These tendencies are most pronounced at the top of the income distribution. While inherited income is distributed fairly evenly across most of the population, it rises sharply at the very top. Second, the estate tax system is the most important mechanism by which the current fiscal system mitigates the effect of inheritances on economic disparities and intergenerational mobility. The burden of the estate and gift taxes falls largely on heirs, not donors. Moreover, on average, it rises rapidly with the amount the heir inherits and his economic income. Nevertheless, the relationship between the heir’s financial circumstances and his or her estate tax burden is relatively imprecise. Third, upcoming legislative changes create an opportunity to better focus the estate tax system on the unearned income that inheritances represent. We should use that opportunity to reform, not repeal, the estate tax system so that it continues to tax inherited income but in a more equitable manner. Two reform options are discussed. The first would replace the estate tax system with a comprehensive inheritance tax, under which heirs would pay tax on extraordinary amounts of inherited income at roughly the same rate that presently applies to earned income under the income and payroll taxes. The second would retain the estate tax but better focus it on the amount transferred as a proxy for the amount received. It would do so through a package of simplification reforms that would limit the extent to which the tax burdens on heirs depend on their access to sophisticated tax advice.

Holy Fathers, Secular Sons: Clergy, Intelligentsia, and the Modern Self in Revolutionary Russia , and: Vysshaia dukhovnaia shkola v Rossii v kontse XIX–nachale XX veka: Istoriia imperatorskikh pravoslavnykh dukhovnykh akademii (review)

Reviewed by: Holy Fathers, Secular Sons: Clergy, Intelligentsia, and the Modern Self in Revolutionary Russia, and: Vysshaia dukhovnaia shkola v Rossii v kontse XIX–nachale XX veka: Istoriia imperatorskikh pravoslavnykh dukhovnykh akademii Heather J. Coleman Laurie Manchester, Holy Fathers, Secular Sons: Clergy, Intelligentsia, and the Modern Self in Revolutionary Russia. xiv + 288 pp., illus., glossary, appendix. DeKalb: Northern Illinois University Press, 2008. ISBN-13 978-0875803807. $43.00. Vera Aleksandrovna Tarasova, Vysshaia dukhovnaia shkola v Rossii v kontse XIX–nachale XX veka: Istoriia imperatorskikh pravoslavnykh dukhovnykh akademii [Theological Higher Education in Late 19th- and Early 20th-Century Russia: A History of the Imperial Orthodox Theological Academies]. 567 pp., illus., appendices. Moscow: Novyi khronograf, 2005. ISBN 594881016X. Looking back on the meetings of the Religious-Philosophical Society in St. Petersburg in the first years of the 20th century, the poet Zinaida Gippius recalled the extraordinary novelty of this encounter between the secular intelligentsia and the clerical world: "As we got to know the 'new' people better, we went from surprise to surprise," she wrote. "I'm not even talking about internal difference but simply about habits, customs, language itself; everything was different, like a different culture. Neither origin nor direct membership in the clergy—the cloth—played a role here. A person from the church world of the era, be he an official, a professor, a writer, a teacher, or simply a theologian … invariably bore the imprint of that other world, one unlike our ordinary, secular (as the churchmen would say) world."1 Indeed, two generations after the 1860s reforms that granted Russian Orthodox clergymen's children secular legal status and made it easier for them to enter the secular professions, imperial Russia's clerical estate remained remarkably closed and caste-like. Priests still overwhelmingly married clergymen's daughters and sent their children to the separate church-run school system. Transfer between the seminaries and the gymnasia, which educated the sons of Russia's other educated estate, the nobility, remained virtually impossible. This perpetuated the social isolation of the clergy, for it was almost [End Page 181] unheard-of for someone from a nonclerical estate to become a priest. And so, unlike in most of Europe, family ties and shared educational experiences did not bind Russian educated society together; rather, that society was culturally bifurcated, as Gippius discovered. These recent books by Laurie Manchester and Vera Tarasova take us into the culture of the "church world," which was indeed in many ways a separate universe from the rest of educated society, even for its nonordained members. Previous studies of priests and of clerical institutions have, of course, shed light on this "world."2 Manchester and Tarasova expand our picture, however, by moving the focus away from clergymen themselves to their sons, the popovichi. Whether it is Manchester's collective biography of the popovichi or Tarasova's study of the theological academies that were overwhelmingly attended and staffed by priests' sons, both probe the mentalité of that world, exploring what it meant in practice to belong to a caste-like estate and how its members made sense of their estate identity. In the process, they challenge us to think anew about the nature of the Russian intelligentsia, about the broader consequences of the persistence of the estate system and estate mentalities in late imperial Russia, and about the question of the challenges to developing a "middle" class in Russian society and the consequences for Russian civic and political development in the late imperial period.3 Certainly, Manchester and [End Page 182] Tarasova describe the social isolation and cultural particularities of the clerical estate and show how cultural conflict among educated Russians impeded the development of the kinds of links and alliances across social groups that underpin civil society. But both authors also make clear that, despite their outsider status, the popovichi played a crucial role in shaping late imperial—and indeed, early Soviet—educated society. Students of Russian literature and history know well the figure of the revolutionary priest's son, cut loose from the bonds of the clerical estate yet unable to find his place in broader Russian society. In her fascinating study of the popovichi, Manchester explores this topic that...

The Long Morning of Medieval Europe: New Directions in Early Medieval Studies (review)

Reviewed by: The Long Morning of Medieval Europe: New Directions in Early Medieval Studies Gregory Halfond The Long Morning of Medieval Europe: New Directions in Early Medieval Studies. Edited by Jennifer R. Davis and Michael McCormick. (Burlington, VT: Ashgate Publishing Company. 2008. Pp. xx, 345. $99.95. ISBN 978-0-754-66254-9.) In 2007, the History Channel, perhaps the most influential outlet for popular history in the United States, aired The Dark Ages, a documentary on early-medieval Europe. The program's title served as a depressing reminder to professional medievalists of the wide gulf between popular and scholarly impressions of this period. Jennifer R. Davis and Michael McCormick have now published the proceedings of a 2004 conference held at Harvard University in 2004 as The Long Morning of Medieval Europein an attempt to demonstrate the sophistication of both early-medieval society and the diverse methodologies employed by scholars of the period. As Davis and McCormick declare in their introduction and as the individual contributions attest, the early Middle Ages was no Dark Age, even in the less objectionable sense of a period poorly represented in the historical record. Moreover, its glories were not simply the moldy remnants of a superior Roman past but also were true innovations. This thesis is ably and convincingly demonstrated by the individual essays, which are grouped under five topical rubrics: economy, religion, literature, politics, and art. Synergy between the contributions is provided by McCormick's introductory essays to each section, which lucidly place the individual essays within a common historiographical framework and provide linkage between the sections. Concluding essays for each section authored by other conference participants offer critical perspective on the papers. The quality of the individual essays is uniformly strong. Those that focus on historical methodology, for example, reveal medievalists' impressive new avenues of research. McCormick's essay surveys the information provided by biomolecular archaeology, including previously inaccessible data about human diet, the migration of peoples, and the spread of infectious diseases. Of particular interest to historians of religion, Guy Philappart and Michel Trigalet's contribution is a fascinating description of their ongoing database project that eventually will consist of 10,000 hagiographical works and 3320 saints, which aims to provide quantitative evidence about Christian sanctity between the third and fifteenth centuries. Other essays challenge conventional wisdom on a variety of disciplinary fronts. Joachim Henning, for example, argues that that a dynamic farmstead model of peasant society emerged in Western Europe following the disappearance of Roman authority, but was brought to a premature end by the emergent estate system of the Carolingian Empire, a change, he argues, that instigated economic stagnation. Similarly controversial, Riccardo Francovich challenges the traditional narrative of incastellamentoin Italy, employing archaeological evidence to argue that seventh- and eighth-century Tuscan peasant settlements were already nucleated and focused on hilltops, and that the appearance of aristocrats in [End Page 789]these communities occurred later. Still other contributors investigate previously neglected corners of early-medieval culture, such as Paul Dutton's examination of blood rain as a "cultural and historical experience," Joaquín Martínez Pizarro's reading of the Historia Wambaas an exercise in political damage control, and Mayke de Jong's search for political symbolism in Charlemagne's solarium. Although the majority of contributions ably promote the editors' stated goal of demonstrating the dynamism of early-medievalist scholarship, as well as the blatant unsuitability of the epithet "Dark Age," it is doubtful that they will hold much appeal or meaning to a nonspecialist audience, despite the inclusion of McCormick's introductions. This is a shame, not only because of the impressive quality of this anthology and its individual components but also because of the desperate need for a scholarly work of popular appeal that can change public perceptions of this deeply misunderstood period. For such a work we must continue to wait. Gregory Halfond Framingham State College Copyright © 2009 The Catholic University of America Press

The Estate System and Basic Future Interests

Estate System and Basic Future Interests set out the traditionally “difficult” estates material in a steady progression of easily absorbed bite-sized portions. As such, they provide a relatively quick and painless presentation of these subjects. Yet, the treatment is also thorough.Many regard the estate system and future interests as intricate and tedious. Indeed, for many law students these subjects are the hardest thing they do in their first year.Used as tutorials, this presentation of the estate system and future interests, along with a set of online “drill” questions, not only provides students of property law with a helpful learning supplement and review. They also can shorten and even potentially eliminate the class time needed on estates and future interests in the first-year property course. (Please note that this online presentation of the common-law estate system and future interests is absolutely free and is not connected with any revenue-generating venture. The goal is simply that students of property law benefit from using them.)

The Lamp-Oil Merchants of Iwashimizu Shrine: Transregional Commerce in Medieval Japan

The Lamp-Oil Merchants of Iwashimizu Shrine:Transregional Commerce in Medieval Japan Suzanne Gay (bio) During the medieval period, a group of lamp oil dealers near Kyoto built a prosperous business niche of remarkable durability and geographic reach. Based in the community of Ōyamazaki , located on the Yodo river south of Kyoto, they started out in the Heian period as producers and purveyors of oil to the nearby Iwashimizu Hachiman shrine. As lay affiliates (jinin or jinnin) of the shrine, they participated in and helped finance its major festivals in return for special privileges as protected merchants, in particular, access to raw materials on shrine lands and exemptions on tolls. They steadily extended their geographic range, which from the thirteenth century reached from Owari and Mino provinces in the east to Kyushu in the west; as they plied the trade routes connecting these regions, they acquired raw materials that they shipped back and processed into oil at Ōyamazaki. They submitted some of the finished product as a service tax to Iwashimizu shrine; they also supplied some oil to the imperial court and regency families and then sold the rest locally as a commodity. Thus even at the beginning of the medieval period they were both purveyors and merchants. Toll barriers posed the main impediment to their prosperity: the tariffs charged on travelers and goods at these ubiquitous stations could make transport costs prohibitive. To overcome this obstacle, which often exceeded the protective powers of Iwashimizu shrine, the oil merchants sought and received the mediation of the imperial court and later of the [End Page 1] Muromachi shogunate. They prospered, diversifying into transport, land acquisition, and moneylending.1 The oil merchants thrived in the context of a medieval commercial revolution. What had been in the eleventh century a largely subsistence economy with an estate-based core was transformed by the early fifteenth into one that was market driven and commodity based. Kyoto, home of the imperial government and numerous landed overlords, was the hub of a countrywide commercial system and had the largest concentration of consumers in Japan. Other notable features of this transformation included technological advances in agriculture and transportation; rising agricultural output; the expansion of existing land and sea trade routes; urbanization, including the growth of existing cities and markets as well as the emergence of new ones; and monetization.2 In this setting merchant and craft groups proliferated, typically enjoying local protection as guilds (za). These were occupational organizations with internal rules of governance that provided products and services (over time often commuted into a cash tax) to overlords who in return backed the group's commercial interests within a given locale. In economic terms, guilds used commonly agreed-upon business practices that resulted in collusive behavior, and they enjoyed protection from competition, either from outside their area or from local newcomers to their occupation. Thus it is axiomatic to attribute local monopoly powers to medieval [End Page 2] guilds. It is also usually assumed that over the medieval period guilds evolved from service groups subordinate to their overlords to semiautonomous commercial organizations. To apply the guild model to the Ōyamazaki oil dealers, as historians have traditionally done, is to posit that they enjoyed monopsonistic control of raw materials and a retail monopoly on oil over a large area.3 These oil dealers, however, stood outside any guild arrangement. As we will see, they did not enjoy sole control over raw materials or the sale of their product. Nor did they evolve from shrine subordinates into merchants. Rather, they were both, simultaneously and from very early times. One of the most prominent of medieval commercial groups, they likewise functioned on a different level in the medieval economy from that of guilds: for about two centuries their strategic location, high-demand commodity, and elite connections allowed them sustained success in the trans-regional economy. Even as local warriors slowly gained power at the expense of traditional overlords, the infrastructure supporting the estate system—including trade routes and personnel tying distant lands to markets—remained functional. Operating within its framework, the oil dealers were able to go beyond their base to thrive across regions. As an important contrast to the...

Estate interest vs. state service: the (un)easy integration of the Bessarabian nobility into the Russian imperial system

This article discusses the process of the integration of the regional local elite of Bessarabia into the Russian imperial estate system during the first half of the nineteenth century. Presenting the Bessarabian case in a comparative perspective, this case study examines two sets of problems. The first deals with the question of social identification and the specific pattern of centre–periphery relations that emerged in the Russian Empire by the early nineteenth century. The local noble elites were not just passive recipients of central policies, but attempted to articulate a political autonomist agenda that was frequently at odds with the centralist designs of the government. These attempts amounted to an alternative project for the province's organisation. The corporate identity of the Bessarabian nobles was rather fluid and uncertain due to the incongruity of the traditional Moldavian social hierarchy with the orderly structure of the Russian ‘first estate’. Centre–periphery relations were determined by the willingness of the empire to rely on a model of indirect rule in the borderlands. The nobility was viewed as an indispensable intermediary stratum carrying out administrative functions at the local level, but it frequently did not correspond to the model of imperial dvorianstvo elaborated by the government. The second block of issues focuses on the mechanisms of cultural interaction that determined the outcome of the negotiation between the centre and the regional elite, causing the failure of the autonomist experiment in Bessarabia. Using the concept of ‘cultural misunderstanding’, the article suggests that differing interpretations of social and cultural categories were at the root of the conflict that prompted the centre to curtail the previously granted privileges of the local elite. Finally, the article proposes a more complex approach to issues of resistance and mutual influence that are often interpreted in simplistic and dichotomous terms.

Ligand field torque: a π-type electronic driving force for determining ligand rotational preferences

Transition metal complexes with triply-degenerate T ground states are formally Jahn-Teller active but do not usually display the significant bond length distortions familiar from their E ground state counterparts like d(9) Cu(II). The electronic 'asymmetry' for T-state systems lies in the d(pi) orbitals, which interact with the ligands relatively weakly compared to the stronger sigma-type interactions for E-state systems. However, in combination with asymmetric M-L pi bonding, T-type systems have an additional mechanism for relieving the electronic strain. Density functional theory, ligand field theory and ligand field molecular mechanics calculations are used to show how rotations around the M-L bonds can affect their pi-pi (d(pi)-L(pi)) interactions and lead to significant energy lowering. For example, d(6) [Fe(OH(2))(6)](2+), which has a (5)T(g) state in cubic T(h) symmetry, 'distorts' to an S(6) structure 4.4 kcal mol(-1) lower in energy (by DFT) but with six equal Fe-O distances via Fe-O rotations of approximately 20 degrees and thus masquerades as an apparently regular geometry. Using model systems, we show that this effect is not restricted to formally Jahn-Teller active complexes. The combination of asymmetric pi bonding and asymmetric d(pi) orbital occupations can generate an M-L 'torque' worth up to 6 kcal mol(-1) per bond which can 'lock' the ligand in a particular orientation relative to the partially-occupied d orbital(s). The effect is particularly marked for imidazole, the donor group of histidine, which, in a model low-spin d(5) Fe(III) system, shows almost no orientational preference in its neutral form but a very strong (approximately 6 kcal mol(-1)) orientational preference in its deprotonated form.

Towards a system of estates in virtual property

Virtual worlds such as Second Life have received a lot of press in the USA recently. As individuals and businesses participate in these virtual worlds, questions arise regarding the application of existing laws to their virtual world transactions. Many questions have arisen regarding the property rights of participants in virtual worlds, and a Second Life member recently sued Linden Research, the company that developed Second Life, alleging that Second Life converted his virtual property. The questions regarding the legal nature of virtual world assets tend to mirror the questions regarding intangible rights generally, as courts have tended to struggle over whether these rights are property rights or contract rights. In this paper, I propose that the principle of numerus clausus be applied to virtual property, so that courts faced with disputes over such assets will have mandatory property forms to which to resort. Such an approach would limit the ability of vendors of such rights to customise them through their contracts, which are commonly embodied in electronically presented standard forms.

The Vicissitudes of a Medieval Japanese Warrior

In standard accounts of medieval Japanese society, enormous stress is put on the conflicts between local landholders (zaichi ryōshu) and absentee proprietors. Fuelled by the debate on feudalism that divided scholars up until the early 1990s, these conflicts have widely been recognised as proof of the diminishing powers of the central elite in, or near, Kyoto and of the increasing absorption of power by warriors in both the countryside and in the administration of the military government, the bakufu. The conflicts were, in other words, seen in the structural context of a system of huge landed estates (shōen) owned by court nobles or large religious institutions, which were gradually replaced by much smaller proprietary units controlled personally by individual warrior families.

Dynamic relationship between stock and property markets

This paper investigates the long-run and short term relationships between stock and property markets. Focus is on the combined and relative impacts of a real estate system that comprises residential and office property prices on general stock market prices. Using Autoregressive Distributed Lag (ARDL) cointegration procedure, a long-run contemporaneous relationship is found between the stock and property prices. Additionally, both the long-run and short-term influences of the combined residential and office property prices on the stock market prices weakened after controlling for changes in the macroeconomic influences. Whilst the stock market prices are largely influenced by the office property prices in the long run; the residential property prices impact stronger on the stock market prices in the short-term. Thus the combined perspective has significant implications in mixed asset allocation that includes stock and property investments.

From the Editors: Historians’ Reflections on the Prospects of a Linguistic and Anthropological Turn in the Study of Empire and Nationalism

17 Ab Imperio, 1/2006 From the EDITORS In 2006, the Ab Imperio editorial team decided to continue and further develop the thematic focus on languages of description and self-description launched as the annual theme in 2005. The annual program of four thematic issues in 2006 will be framed around “Anthropological Reflections on Languages of Self-Description of Empire and Nation.” The reason for this “anthropological turn” was manifold. First, the journal’s publications in 2005 revealed the novelty of the focus on languages of self-description. The ideological construction and semantics of imperial experience have remained under-researched and under-discussed in the current burgeoning literature on empire and nationalism studies. Thus the research on languages of self-description was conceived as a timely supplement to existing studies of imperial rule (government), social structures (especially, the imperial elite), and geography. Needless to say, studies of languages of self-description depart from the ossified notion of imperial ideology that betrays the largely misleading rationalistic and pragmatic assumption. This assumption leads to the conception of imperial agency that directs imperial power and acts in a rational way upon the empire. Contrary to HISTORIANS’ REFLECTIONS ON THE PROSPECTS OF A LINGUISTIC AND ANTHROPOLOGICAL TURN IN THE STUDY OF EMPIRE AND NATIONALISM 18 From the Editors, Historians’Reflections... that assumption, the present program focuses on historically constituted meanings, shifts the attention to the multiplicity of imperial agents and modes of legitimation, and brings to the fore the function of language in making sense of experience. The second reason for the editorial decision to continue the exploration of languages of self-description was the development of a controversial trend (in terms of its implications) in the field of empire studies. This trend may be characterized as a sort of revisionism that seeks to refocus the attention of the social sciences on empire as a way of avoiding the much criticized master narrative of the nation state and the pervasive discourse of modern nationalism.1 True, the studies of empire written in this revisionist mode and following the logic and enstrangement have made a significant contribution to our understanding of the logic of the social sciences and the modern world. However, one of the dangers of this revisionism remains an uncritical construction of empire as an ideological alternative to the sovereign state, democratic government, and international law. Another danger is the obliteration of the rich legacy of the theory of nationalism and nationalism studies, including the departure from the essentialism of the social sciences and opened new opportunities for understanding modern nationalism as a cognitive frame of human experience. Paradoxically, cutting edge research in the field of empire studies often tends to limit the definition of empire to a structure of power relations or to a social and cultural constellation (a multiethnic polity or system of estates).2 The suggested research agenda of languages of selfdescription helps to overcome this popular essentialist view of empire and allows us to ask the question of how empire was conceived as a space of experience, discovery, and encounter. In other words, it places a premium on the historically constituted and changeable meaning of imperial experience in the study of empire. The focus on historical dynamics is revealed in the fluctuation of key terms of the suggested research agenda: languages of description and self1 See, for example, the works by Niall Ferguson (Empire: The Rise and Demise of the British World Order and the Lessons for Global Power. New York: Basic Books, 2002), that reflect this trend in its right ideological explication, and the works byAntonio Negri and Michael Hardt (Empire. Cambridge: Harvard University Press, 2000) that display this trend, though in its left ideological implication. 2 See reviews of the “imperial studies” panels of the VII Berlin congress of the International Council of Central and East-European Studies (ICCEES) that were published in Ab Imperio (no. 3, 2005). 19 Ab Imperio, 1/2006 description. Languages of self-description stand for original, sometimes archaic, words and concepts (motherland, Vatan, subjecthood, etc.), the multiplicity of imperial actors, and those cognitive frames (modes of cognition) that lacked the secular and rationalized nature of modern social knowledge. Languages of description stand...

A proposal for an integrated real estate system in Turkey with reference to “The mystery of capital”

The Mystery of Capital written by Hernando De Soto in 2000 constitutes the framework of this study. Having brought a different perspective on the question of capital generation in developing countries, The Mystery of Capital has been the focus of academic debates since it was published. De Soto, in his famous book, discusses the question of why capitalism triumphs in the West and fails everywhere else and claims that capitalism triumphs in the West due to the integration of real estate assets into the economic system. According to De Soto, invisible property ownership can play a significant role in economic development of countries. In this article the ideas for integrating real estate assets into the economic system are discussed particularly for Turkish case with reference to De Soto’s framework. The possible guidelines for overcoming problems and establishing a proper real estate system that will contribute to the enlargement of capital markets in Turkey are highlighted throughout this study.

Investment Considerations Under the Prudent Investor Act

The author starts with the observation that much of estate planning concerns itself with navigating the shoals of the estate and gift tax systems to bring assets safely home to the client9s desired beneficiaries. Unfortunately, this focus on the hazards of transfer often allows for scant consideration of how the assets should be managed once they are safely brought to port. It is not uncommon to provide simply that trust assets should be managed “prudently,” as that term is defined by applicable state law, for the benefit of one or more individuals for life and distributed to one or more remainder beneficiaries when the lead interest ends. The author thus addresses the legal framework of fiduciary investing, the Uniform Prudent Investor Act and its corollary act, the Uniform Principal and Income Act, which form the basic legal framework within which fiduciaries perform their duties. He also briefly addresses income tax law as it applies to trust taxation.

The Estates system of politics and political culture in the two parts of Prussia (Royal Prussia and the Duchy of Prussia) in early modern times

SUMMARY The division of Prussia into two parts, the one under the rule of the King of Poland, the other under the Teutonic Order until 1525, and then the dukes of Prussia, did not mean that they went separate ways. By examining the key constitutional documents, Janusz Małłek traces the parallel development of the two bodies of estates. Under the Teutonic Order, the subordinate noble and urban Prussian population sought influence over government, but only gained control over taxation once the Order suffered military reverses against Poland from 1411 onwards. As early as 1422 they acquired the right of resistance should the Order break the terms of the treaty with Poland, and the middle decades of the fifteenth century saw the high point of their activity. After Royal Prussia (or Polish Prussia) was hived off from the Teutonic Order in 1466, the two parts were still strongly influenced by a charter of 1454. Royal Prussia was treated as a separate ‘country’ under Polish rule. Both sets of estates insisted on the principle of rule by indigenous officials, with the objective of securing the rights of the subjects. These principles were upheld when ducal Prussia became a fief of the Polish Crown in 1525. The Duke of Prussia was constrained in his rule over the country by his obligations both to his feudal overlord and to the estates. The separate identity of Royal Prussia was preserved by both its system of government and the role of the estates, which, however, had by 1526 become a regional diet of the Polish Commonwealth. The governing councils and bicameral estates of the two Prussias operated along similar lines, with the towns eventually forming a separate chamber alongside the Council and nobles. The common political culture of the Prussian elite ensured that basic rights were assured at least to this group, and placed restrictions on the rulers in much the same way as in Scandinavian countries or the Holy Roman Empire.

Gutsherren – Bauern – Broker Die ostelbische Agrargesellschaft in der zweiten Hälfte des 19. Jahrhunderts

Landlords – Peasants – Brokers. East Elbian Agrarian Society in the Second Half of the Nineteenth Century The power relations between noble or middle class estate holders, farmers, and the Prussian bureaucracy changed markedly as a consequence of the economic modernization process instigated by the agrarian reforms at the beginning of the nineteenth century. Up until the beginning of the 1870s, the disintegration of the villages and noble landholding led to the end of the estate system and to a notable increase in the power of the local representatives of the Prussian government, above all the county administrator (Landrat). After the reforms of the county and provincial administrations of 1872 and 1875, which strengthened the farmer and middle-class electorates, the Landrat developed into the organizer of conservative majority electorates loyal to the government and into the most important representative of large landholding interests. The farmers were tied into this system of bureaucratic clientelism through tax advantages, subventions, and active state policies regarding the modernization of the infrastructure of agrarian districts. The Prussian Landrat became the dominant broker between the nation state and agrarian society, which was increasingly marginalized in the national context by rapid industrialization. A constellation of powers ensued comparable to the mediating systems, which were established at the same time in the Mediterranean lands.

Partners in Conflict: The Politics of Gender, Sexuality, and Labor in the Chilean Agrarian Reform, 1950-1973

Partners in Conflict examines the importance of sexuality and gender to rural labour and agrarian politics during the last days of Chile's latifundia system of traditional landed estates and throughout the governments of Eduardo Frei and Salvador Allende (1964-1973). Heidi Tinsman analyses differences between men's and women's participation in Chile's Agrarian Reform movement, considering how conflicts over gender shape the contours of working-class struggles and national politics. Tinsman restores women to a scholarly narrative that has been almost exclusively about men, recounting the centrality of women's labour to the pre-Agrarian Reform world of the hacienda during the 1950s and recovering women's critical roles in union struggles and land occupations during the Agrarian Reform itself. Providing a theoretical framework for understanding why the Agrarian Reform ultimately empowered men more than women, Tinsman argues that women were marginalised not because the Agrarian Reform ignored women but because the Agrarian Reform, under both the Frei and Allende governments, promoted the male-headed household as the cornerstone of a new society. Although the Agrarian Reform's emphasis on gender co-operation stressed that men should have more respect for their wives and funnelled unprecedented amounts of resources into women's hands, the reform movement defined men as its protagonists and affirmed their authority over women. This is the first monographic social history of Chile's Agrarian Reform in either English or Spanish, and the first historical work to make sexuality and gender central to the analysis of the reforms.

建物の用途コンバージョンの実態からみた不動産制度の課題

建物の用途コンバージョンの実態からみた不動産制度の課題

Создание Социальных Основ Империи в XVIII Веке: Законодательные Практики в Отношении Городского Населения России и их Западноевропейские Источники

SUMMARY: This article explores legislative and administrative practices that were meant to create a basis for the Russian estate system. These practices emerged as part of a larger effort to create a “well organized police state,” while estates were simultaneously considered – in the spirit of the 18 th century Enlightenment – important in preventing despotic. In the Russian context, this meant overcoming fluid borders between different social groups as well as inconsistencies in correlation between estate status and economic role. It also meant accommodating serfdom. Beginning in 1775, Catherine II’s government attempted to make rules that made the urban estate more flexible and nuanced. At the same time, decrees providing for new rules to regulate the influx of the peasants into the cities were aimed at improving “the quality” of this immigration, setting up property or fiscal censes. In accordance with agro-centric, physiocratic ideas, the acceptance of peasants into the city or town estate ( meshchane ) was viewed as endangering the fiscal health of the state. Thus, the social structure of empire was programmed to prevent the upward social mobility of peasants, while at the same guaranteeing that “ meshchane ” would not slip down the social ladder (though, indeed, upward social mobility was also made difficult for them). Peasants were only allowed into the merchants’ estate, not that of “ meshchane. ” The latter estate, despite its supposedly urban character, remained identical with the peasantry in terms of its fiscal (and often economic) role.

Keepers of the land: Ideology and identities in the Scottish rural elite

This article examines how members of the rural elite in Scotland defend their ownership of large tracts of land in the face of powerful class and nationalist critiques. Referring to unique interview material throughout, we outline the key elements of how owners attempt to legitimate their landed interests. Their response to these two critiques relates to estate economics and more generally the ideology and rhetoric of “responsible” stewardship. The latter allows owners to create a distinct status group identity for themselves as “keepers of land,” one that is cohesive and subordinates any expected differences between them in terms of their residence characteristics, how they acquired their land, and their national identity. This is explained with reference to a diminishing system of private estates in Scotland and the need for landowners to maintain a united ideological front as they defend themselves in the face of mounting political pressure and land reform.