Redistribution Of Rights Research Articles

Rights redistribution and COVID-19 lockdown policy

What is the tenet upon which the public policy of lockdown by fiat experienced during the COVID-19 pandemic is based on? The work approaches this question about the rationale of the mandatory shelter-in-place policy as an interpersonal exchange of rights, but where the exchange occurs coercively instead of voluntarily. It compares, in positive political economy terms, the normative principles of utilitarianism and Rawlsianism, and shows that lockdown by fiat is a policy that is closer to a maximin equity criterion rather than to a utilitarian one. The work moreover shows, also with the aid of a thought experiment and with factual applications, that the fiat redistribution of rights to liberty in favor of rights to health—from those least affected to those most affected by COVID-19—is, in the main, a policy choice that is to be expected under certain constraints.

Canadian Librarianship and the Politics of Recognition

Recent controversies in Canadian librarianship—the Toronto Public Library room rental to a "gender-critical feminist" group and the institution of “airport-style” security at the Winnipeg Public Library—have exposed divisions within the profession. This article attempts to untangle the relationship of Canadian libraries to state power and explores hegemonic leadership within the library profession. It also investigates the part played by a politics of recognition, both in the reinforcement of professional discipline and in the maintenance of the social, political, and economic status quo regarding the rights and democratic participation of marginalized communities. The paper begins with a brief account of recent controversies, looks at intellectual freedom, and then analyzes the ways in which politics of recognition play out in libraries and settler-colonial societies. Based on Taylor’s theory of recognition and its critique by Coulthard and Fraser, this article argues that, within the context of a needed refoundation of social relations, recognition must be combined with real redistribution of rights and participation.

Moral and Ideological Consequences of Pandemic

The pandemic influenced various aspects of social reality and made our future rather uncertain. The specificity of any epidemic is dissimilar with such national troubles as a war or natural disaster, because a disease does not unite people, but separates them. This is typical for the pandemics of the past that occurred repeatedly in human history, starting with the Athenian epidemic of 430 BC. A paradoxical situation arises now, during the SARS-CoV-2 pandemic. On the one hand, all citizens may be actually or potentially under control approved and legalised by the new ideology of “protection.” On the other hand, the essence of social control and means of administration change significantly, as the management itself begins to be administered by PC software. This software is not fully controlled by the political elites and governments. In these strange ideologically-determined conditions, the nature of moral, political and social responsibility is changing and there is a redistribution of rights and obligations. By degrees, moral and interpersonal relationships in a community give way to relationships that are completely determined and regulated from without the community.

Defining and Defending a Progressive Market Square: Bringing Institutionalist Development Discourse in Line with the Reality of Post-Soviet Transition Experiences

:This article is a response to two crucial ideas about progressive institutional change: the first is J. Fagg Foster’s principle of “minimal social dislocation,” which asserts that socio-economic changes should be implemented gradually, to avoid unraveling the social fabric of the community; the second is Karl Polanyi’s principles of redistribution of rights and powers by relevant authorities and reciprocity, a symmetrical and highly personalized exchange system, which is likewise a protective mechanism that society employs against anonymity and disintegration brought about by unregulated market. Using lessons learned in the thirty-year transition to market in post-Soviet countries, this article argues that to commence progressive institutional change in the honesty- and transparency-resistant cultures of former Soviet states, impersonal exchange and impartial rule of law must be given far greater weight than personalization of contacts and continuation of cultural traditions.

Modern approaches to the management of material and technical support in integrated agricultural facilities

The article discusses the ways to increase the efficiency of the use of commodity stocks and supplies in the course of production and sale. It is argued that the improvement of the organization of material management is one of the most important factors in the increase of the efficiency of using huge volumes of raw materials in agricultural production along with the introduction of new equipment and technology. The implementation of this concept in large agricultural facilities provides savings of millions of rubles a year by reducing the level of stocks, accelerating the turnover of funds invested in materials, technical equipment, etc., which gives the same profit growth as the increase of the sales of products by 20 %. The main tools of the mechanism for the mobilization of these reserves are considered: further improvement of the existing linear-functional apparatus due to the redistribution of rights and responsibilities for the management of the material and technical flow between different units in order to coordinate their work and the use in the field of stock management of logistics structures. It is proposed that in the formation of logistics systems, the main attention should be focused not so much on organizing the work of each of the functional subsystems of management individually, but on the coordination of their efforts to achieve the ultimate goals of integrated agricultural formation.

ЗАКОНОДАТЕЛЬНЫЕ ИНИЦИАТИВЫ, СТИМУЛИРУЮЩИЕ ЭФФЕКТИВНОЕ РАЗВИТИЕ РЫБНОГО ХОЗЯЙСТВА РОССИИ

The study presents the fundamental regulatory legal acts that determine the activities of the fisheries industry in Russia. It is determined that the system of current legislation has a complex, ramified system, which is a weighty basis for making management decisions at each level of the management pyramid. It is noted that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. The "historical principle" is presented as the basis for decisions made in the field of state regulation, its main purpose at the current stage of development of the fishery complex (FHC) of the country. The mechanism of updating the regulatory framework of the fishing industry, discussion of legislative initiatives has been analyzed. The proposals of LLC “Russian Fish Industry Company” (LLC “RRPK”) on legislative changes in the field of allocation of quotas and tax regulation, aimed at the effective development of the Russian Fish Chemical Complex, were considered. The opinions, appeals and position of the industry professional community on the proposed initiatives are shown. The latest regulatory legal acts of state regulation of the Russian agricultural complex are presented. The “auction system” is designated as an alternative to the “historical principle”, its legislative support, as well as the reaction of fishermen in the North and the Far East on the redistribution of rights to access the country's aquatic biological resources. The purpose of the study is to assess the role of the current legislation of the Russian Federation, the process of updating the regulatory legal acts that are the basis for the activities of the fishing industry and stimulate its effective development. Emphasizes the importance of working out legal issues in order to reboot positive processes aimed at restoring effective employment, effective demand, improving the business climate, and accelerating the technological development of the economy.

Mining-sector dynamics in an era of resurgent resource nationalism: Changing relations between large-scale mining and artisanal and small-scale mining in Tanzania

Tanzania's mining sector has long been dominated by two opposing scales of operations, large-scale mining (LSM), and artisanal and small-scale mining (ASM). From the mid-1990s, changing governments promoted LSM as a key sector for the restructuring of the economy through the generation of much needed foreign capital and increased fiscal earnings. However, a gradual shift in policies towards facilitating ASM, linked to the re-emergence of resource nationalism over the last two decades, can be observed. The paper analyses three types of dynamics that have the potential to improve the lot of ASM in Tanzania, namely increased efforts to enforce ASM rights, stronger support programmes, and the emergence of medium-scale miners (MSM) linked to global value-chains with the potential to bridge the gap between ASM and LSM and promote upgrading. Recent resource nationalist legislation also has the potential to promote more pro-ASM business models. This points to the increased political leverage of the ASM sector, which supports people in their millions, driven by electoral politics. However, from an ASM perspective the development is not unambiguous. Registration of rights to some extent remains ‘paper formalization’, the implementation of support programmes has slowed down, and MSM has so far been dominated by investors from emerging markets in partnership with local elites. Experience suggests that the continued emphasis on the redistribution of rights and revenues from foreign LSM may end up benefitting larger domestic business interests and state coffers more than ASM.

Democracy learning as failing template for establishing student participation for school improvement: A participatory case study within a secondary school

Participation of students is defined as a conditional factor for the acquisition of democracy learning and is increasingly taken into account in Austrian schools. Nevertheless, in contrast to other countries, little research has been conducted in Austria about if or how democracy learning provides a template for the social practice of student participation within school improvements. The current qualitative case study sought to investigate, explanatively from the perspective of school actors, how a secondary school tries to implement a self-imposed demand for more student participation in school improvement by using aspects of democracy learning as template. Qualitative guideline-based interviews using a participative research method were conducted and the data were analysed by means of content-structuring qualitative content analysis. A total of 33 school actors (students, teachers, parents) participated. The two central findings emerged due to marginal rights and a limited understanding of student participation based on democracy learning. First, despite the demand for greater participation in school improvement, students remain dependent on individual actors and can only assert their interests within school objectives and not against the interests of the teachers or the school management. Second, participation within the framework of school development promotes not so much the strengthening of pupils as subjects as the strengthening of the identity of the school’s organization. The individual case study is thus a hypothesis-generating example of how the depoliticized participation rhetoric of imparting democratic competencies leaves the claim to equal consideration of students’ perspectives unfulfilled and ultimately prevents the redistribution of rights of disposal.

Does community-based forest management in Indonesia devolve social justice or social costs?

The Indonesian government is committed to allocating 12.7 million hectares of forest land to local communities through community-based forest management (CBFM) schemes. We analysed CBFM case studies from three provinces throughout the archipelago. In all cases, actions focused on nominal redistribution of land but ignored local participation and aspirations. CBFM was used as a tool to solve problems of forest tenure, legalization of forest communities and forest rehabilitation, rather than to empower communities and therefore address issues of social justice. Communities remained subject to land-use restrictions, limiting their opportunities. Their participation was often weak and limited to the village elites. Technical support to communities was almost inexistent, leaving them without the financial and technical skills required to run the schemes efficiently. The analysis indicates that redistribution of rights only serves social justice when the process recognises local aspirations and cultural values of participants.

ПАРТИСИПАТИВНОЕ ПРАВОПРЕЕМСТВО В АБСОЛЮТНЫХ ИМУЩЕСТВЕННЫХ ГРАЖДАНСКИХ ПРАВАХ: ПОСТАНОВКА ВОПРОСА

the article considers on the analysis of the set of theoretical views on the category succession, the grounds for the classification of this definition. The significant terminological ambiguity in the framework of the theory of succession is offered. The classification of succession by the presenceor absence of transformation of the regime of a subjective civil right is overviewed, the necessity to identify the category of participatory succession is shown. The number of legal acts are classified according to both the traditional dichotomy of translational and constitutional succession and the criterion of the presence or absence of a regime-forming effect. The usage of the concept of participatory succession is demonstrated not only in relation to the transformation of corporate rights and obligations, but also in relation to the case of legal separation. The further study led to the formation of the civil law community, redistribution of rights of participation in the civil law community and its abolition, in which the original owner of the subjective right is not a complete loss, but there is a transformation of the mode of existence of the subjective right.

Articulating the history and major departure points evident in post-apartheid South African national water policy and law

Governance of the water sector in South Africa has reflected the political changes taking place in society. For instance, due to apartheid policies of segregation, inequality of access to water resources marks South Africa's history in a very profound way and redistribution of rights to water to redress the results of past discrimination became an explicit purpose of the post-apartheid water governance policy and legislative regime. In this paper, we articulate the history and major departure points evident in post-apartheid South African national water policy and law. This includes documenting and reflecting on most of the available information that shows how the new water policy and law were developed. Findings from the study show that the key players active in the water law review process deliberately took into account the political goals and dynamics of power asymmetry within which the law was being articulated. Therefore, the water law as it stands today and in the past must be understood within the context of the socio-economic and political landscape that has prevailed in South Africa at different historical junctures. We contend that a detailed examination and articulation of the history and major departure points evident in post-apartheid South African national water policy and law enables practitioners and scholars to better understand the main motivations behind the water sector reforms and the then prevailing thinking behind the policy and legislation eventually promulgated. The present water law must be understood in the context of these reforms and the objectives they sought to achieve.

The Commission’s internal conditions for social re-regulation: Market efficiency and wider social goals in setting the rules for financial services in Europe

The European Union is often considered as a prime example of a liberal regulatory state. We argue, however, that being limited to the regulatory policy does not prevent the European Commission from pursuing political aims going beyond market efficiency. We draw up two ideal-type perspectives of market regulation – being either efficiency or equality enhancing – that differ systematically in terms of rationale, degree of intervention, patterns of stakeholder access and conflict within the regulator. We trace these aspects in three financial services initiatives on the registration and supervision of reinsurers, equal treatment in financial services and the regulation of consumer credit. Our analyses suggest that there is scope for equality-enhancing re-regulation when proactive agents proceed decidedly on the basis of social-treaty concerns and frame regulatory beneficiaries as market participants as well as when they seek the redistribution of rights instead of resources.

When should households be compensated for land-use restrictions? A decision-making framework for Chinese forest policy

Competing uses of land mean that regulations aimed at environmental conservation often conflict with the land-use rights of rural households. Several reports suggest that this has occurred with the introduction of the Natural Forest Protection Programme (NFPP) in China, one of the world's largest logging ban programmes. This paper investigates whether households should be compensated for infringements on property rights, drawing on institutional economics literature on regulation. We distinguish between cases where regulation solves local collective action problems and increases the welfare of those affected, and those where regulation involves a redistribution of rights from one group to another. We apply this to the NFPP by estimating the net welfare impacts, using household level stated preference data with econometric techniques that explicitly account for zero and negative values of the dependent variable. We find that the ban on logging does not affect the net welfare of the affected forest communities. This indicates that the losses resulting from the restrictions on property rights are offset by the benefits from restrictions on other local households. We also find evidence that a partial reduction in logging would be welfare increasing, indicating that the NFPP is to some extent addressing local collective action problems in forest areas. Broader implications for the question of compensating for infringement of property rights as the result of regulatory interventions in contexts of institutional imperfections are also drawn.

Can we play Fun Gay? Disjuncture and difference, and the precarious mobilities of millennial queer youth narratives

This article takes up the complex project of unthinking neoliberal accounts of a progressive modernity. The authors position their anxieties about an ‘after’ to queer as an affect modality productive of both an opportunity and an obligation to think critically about the move to delimit historically, and as a gesture to an entirely different futurity, the time when queer, and therefore, gay, were organized in a relation of explicit politicization. The authors interrogate celebratory, modernist readings of millennial queer youth narratives where the potentially democratizing significance of the Internet as a cultural technology is deemed constitutive of mobility, play, and possibilities for a redistribution of rights of recognition, communality, and knowledge in a significant public sphere. Drawing on an analysis of research interviews that is framed as ‘anecdotal theory,’ the authors discuss four properties of networked publics – searchability, replicability, persistence, and invisible audiences – not uniquely as properties of technological interfaces, but rather as ‘technologies of otherness.’ Within a modality of critically queer attention, the authors consider the varied and complex precarious mobilities that constitute millennial queer youth narratives.

Policy evolution and dynamics of governance at the Lake Kariba kapenta fishery

At independence, Zimbabwe's major challenge in managing its natural resources was to create an equitable, sustainable and democratic society. In the case of the Lake Kariba kapenta fishery, the government's main concern was to eliminate the inequalities of the colonial era, without compromising the integrity of the resource. Macroeconomic development policies, which were formulated during several socio-political periods, determined the redistribution strategy at any given point in time. Within each development period, a configuration of narratives, and the requirements of conflicting and contradictory state, market and community discourses, directed the process of redistribution. This paper uses an actor-oriented approach to discuss how redistribution affected the governance of fishery, and the political−ecological conflicts the redistribution generated, and a storyline methodology to show how redistribution of rights from white to black entrepreneurs polarised the fishing industry.

The credit crisis and corporate governance: excessive bonuses of TARP banks

Maximising TARP banks' value to society would require the integration of all stakeholders rights and 'moral debt' (obligations) claims providing justice in protecting and distributing alienable and inalienable rights as well as their associated benefits and costs. For instance, the TARP banks that maximise their value only for an elite group through excessive bonus payments to executives incur 'moral debt' claims from other stakeholders, which will make the firm less valuable to society. This study shows that the unjust redistribution of rights through compulsory layoffs, whilst making excessive executive bonus payments reduces the value of TARP banks to society.

Water Rights in South Africa: Insights from Legislative Reform

Inequality of access to water resources marks South Africa's history even more profoundly than inequality of access to land. Redistribution of rights to water to redress the results of past discrimination is an explicit purpose of the National Water Act of 1998 (NWA). In other respects the NWA is consistent with 'best practice' embodied in the 1992 Dublin principles. Under the NWA, water management is devolved to 17 Catchment Management Agencies (CMA), each with a governing board that is representative of the water users within the catchment. This paper traces the development and current status of the Inkomati CMA, the first to be approved (in 2004) by the South African government. In the Inkomati catchment water use is dominated by established commercial agriculture and forestry, by important environmental interests, including the Kruger National Park, and by the demands for improved access to water from a black population of around 1.5 million living in ex-bantustan areas. The paper reflects on the experience of the Inkomati CMA and considers the insights it provides, both on universal 'best practice' principles and also on the role of water management as an arena of political struggle, compromise and experimentation in South Africa.