Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...) story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

A commercial tenant's interest in the retention of the rented item can be of paramount importance. In the event of landlord insolvency, the landlord's demands fade into the background and the creditor's rights take precedence. This unforeseeable development for the tenant can endanger the tenant's very existence due to divestiture of the rented item, i.e. his business, shop or factory. This work deals with the typical scenarios of such cases and answers the question concerning the (...) possibility of effectively preventing the specialized right of termination according to 111 of the German Insolvency Act. ". (shrink)

Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses (...) a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI. (shrink)

Land tenure relations have both social and environmental implications, ranging from potential power issues to land stewardship. Drawing upon survey data of landowners collected in the Great Lakes Basin of the U.S., this study builds upon existing research by examining absentee landlords of agricultural land—a vastly understudied but growing category of landowners. By furthering analysis on gender dynamics in the landlord-tenant relationship, the study findings augment Gilbert and Beckley’s (Rural Sociology, 1993) suggestion that subordinate landlord-dominant tenant (...) relationships may be a pattern and contribute to understanding the nuances that co-ownership potentially plays in these relationships. (shrink)

The Curia dei Foretani, or the Court of the Countrymen, of the commune of Lucca was a sort of rural small-claims court. Designed by an urban government to hear minor civil cases which originated in the countryside, it was occupied with the variety of issues that punctuated country life, most especially cases brought by landlords, merchants, and speculators whose living was tied to the rural economy of northwestern Tuscany. The records of the Curia dei Foretani offer an unusual opportunity to (...) investigate landlord-tenant, lender-borrower, and speculator-producer relations during the critical period of the fourteenth century when urban interest in the countryside was intense. As will become clear, the streamlined procedure used by the court was designed to allow rapid petition, hearing, and judgment, which, it has been argued, were designed to favor the wealthy, usually urban, elites. Yet as analysis of the actual functioning of the court will show, villagers in this part of Tuscany were able to avoid, or at least moderate, the most complete forms of landlord domination. The reasons why are complex, but one aspect was the court procedure itself, which could be manipulated by knowledgeable members of strong, semi-autonomous rural communities who had access to legal advice or who had broadly based communal support for their actions. Urban landlords in the Lucchesia never achieved the sort of economic domination of rural life which seems to have typified the region around Florence and Siena. (shrink)

As a conscientious moral agent, a judge in a court of law often finds herself in a difficult position. She is confident that the law requires a certain result in the case before her, but she is at least as confident that this legally required result is unjust or otherwise morally objectionable. Consider some examples of cases in which a reasonable judge might consider herself to be in this position: ▪ The law of landlord and tenant can require (...) a judge to evict an impoverished, elderly widow from her apartment for missing rent payments.1 ▪ A student in a poor school district sues his state for providing a much lower caliber of education than students receive in wealthier districts. Binding legal precedent requires the judge to dismiss the student’s lawsuit. ▪ Binding precedents construing the Fourth Amendment require judges to exclude evidence obtained without a search warrant. As a result, a child molester is acquitted, and, predictably, strikes again. (shrink)

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks', for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We (...) expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism. (shrink)

Rent-control laws limiting the rents private landlords can charge tenants are controversial in the United States. Critics have condemned rent control’s mandated wealth transfer from landlords to tenants, and economists have decried its negative effects on rental supply and quality. With the advent of the sharing economy, rent-controlled tenants can rent out their below-market units for short durations at market-level or premium prices, a practice I term “rent control sharing.” The reaction to rent-controlled tenants pocketing money from Airbnb and other (...) homesharing sites at the expense of their hapless landlords has been negative. Yet, the sharing economy has not changed an essential feature of rent control: the redistribution of wealth from landlord to tenant. Instead, Airbnb and similar platforms have altered the form of the redistribution and the legal relations between landlord and tenant, and increased the salience of the wealth transfer from landlord to tenant. As a result, rent control sharing collides with public preferences for in-kind redistribution and stronger legal protections for property used personally or intimately. This Article explores how rent control sharing accentuates some of the flaws of rent control and fuels the debate over rent control’s future. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial (...) decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 13 Stephanie Yingyi Wang When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China Ang Lee’s film The Wedding Banquet could be classic introductory material for tongzhi studies and, particularly, for research on cooperative marriage.1 In the film, Wai-Tung, a Taiwanese landlord who lives happily with his American boyfriend Simon in New (...) York, is troubled by his parents’ constant efforts to try and find him a bride. His partner Simon suggests he could arrange a marriage of convenience with WaiTung ’s tenant Wei Wei who is from mainland China and is also in need of a green card to stay in the United States. However, their plan backfires when Wai-Tung’s enthusiastic parents arrive in the United States and plan a big wedding banquet. As the film critic and scholar Chris 1. Tongzhi, literally “same purpose,” is the Chinese term for “comrade.” Since the 1990s, it has been appropriated to replace the more formal tóngxìnglìan (same-sex love) to refer to gay men and lalas (same-sex desiring women) in the Chinese-speaking world. The translation of xinghun as “cooperative marriage” is debatable, as xinghun literally means “pro-forma marriage.” In other works, “contract marriage,” “fake marriage,” or “pro-forma marriage” are used to refer to gay-lala marriage. Informed by Lucetta Kam’s work, I use “cooperative marriage ” to highlight that such marriage is not merely functional without sustenance, but is contingent on the cooperation and negotiation between multiple parties in the relationship, as my findings suggest. See Lucetta Yip Lo Kam, Shanghai Lalas: Female Tongzhi Communities and Politics in Urban China (Hong Kong: Hong Kong University Press, 2013), 85. winner of the 2018 Feminist Studies Graduate Student award 14 Stephanie Yingyi Wang Berry points out, analysis of the film rests not on any individual, but on the Confucian family as “it negotiates the interface with globally hegemonic American culture,” suggesting that there exists an understanding of gayness in the context of the family that is distinct in Chinese culture.2 Berry continues to argue that the moral ambivalence produced by the film is structured by different sets of values: the gay person is not merely concerned about individual identity fulfillment, but he also adjusts his actions to satisfy the family expectation; the parents, especially the father figure, is not merely a patriarch with strict moral provisions and standards, but someone who can allow for implicit negotiation to keep the surface harmony as long as he gets a grandson; the woman is not merely an independent agent freed from social constraints, but a bride who is also attached to emotional comfort and conjugal ideals. Just as The Wedding Banquet tactfully reveals one type of cooperative marriage with its mutual benefits and examines the multilayered complexity of each individual player in the marriage game, this research takes as its subject cooperative marriage between gay men and lalas as an exciting departure to understand queer subjectivities and queer kinship intersected with gender, sexuality, class, and tongzhi politics in urban China.3 Though seemingly monolithic, marriage and family have become contested terrains for tongzhi to negotiate their gender performance, queer desires, and aspirations for better lives. The transnational makings of gayness and rights-based identity politics have contributed to the increasing awareness of a cosmopolitan gay identity and the desiring of alternative life choices of Chinese tongzhi, which lays the very foundation of their motivation to seek ways to cope with the heteronormative family model. Coming out and gay marriage are upheld as primary tropes of identity politics, facilitated by the self-identified tongzhi grassroots groups that emerged during the initiation of AIDS work in 1994 for gay men and at the 1995 Fourth World Conference on Women, which gathered hundreds of lesbians from around the world in Beijing.4 How2. Chris Berry, “Wedding Banquet: A Family (Melodrama) Affair,” in his Chinese Films in Focus: 25 New Takes (London: British Film Institute, 2003), 183. 3. Lala is a slang term in China for same-sex desiring women and includes lesbian, bisexual, and trans women. 4. Katie King, “‘There Are No... (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants (...) Mirvac, a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

In 2015, the predominantly visible minority immigrant community of Herongate, in Ottawa, Ontario, was slated for redevelopment by its landlord, Timbercreek Asset Management. This redevelopment involved mass eviction of the incumbent tenants, demolition of the existing affordable housing and its replacement with luxury rentals, which, by all indications, are beyond the financial reach of the former Herongage tenants. This paper seeks to problematize large-scale residential real estate redevelopment in Canada and examine its impact, using the Herongate situation as a (...) case study. Among other things, it profiles the Herongate community, its history and present redevelopment, and explores the legal framework, and the limits thereof, constraining mass evictions of this type in Ontario. The findings indicate that the selection of Herongate for redevelopment was not fortuitous; generally, racialized and immigrant communities like Herongate are disproportionately likely to be selected for large-scale redevelopment projects, and thus subjected to mass-evictions. Further results suggest that the dissolution of the Herongate community – and the attendant dislocation of its members – has exacted a pronounced social and economic toll and compounded the racial discrimination already experienced by the former Herongate residents, most of whom are visible minorities. The paper concludes with an appeal to imbue the redevelopment process with a greater regard for social justice, and a right to housing as a policy solution to address the injustice caused by real estate redevelopment. (shrink)

In his classic paper on social costs, social scientist R. H. Coase has argued that in a world without transaction costs in the "buying and selling," of social benefits and damages, resource allocation would be unaffected by a change in the apportioning of liabilities. That is, whether or not a social nuisance-causer must pay damages to those to whom he is a nuisance, will not, in an efficient economy with no transaction costs, have any effect on resource allocation. In this (...) paper, the author intends to show that there is a certain class of nuisances that are not amenable to Coasean solutions even if one grants Coase 's intuitive notions of prudence and rationality, it is considered these situations only in the short term, and considerations of equity are ignored. This class of nuisances comprises certain of those instances in which the interests of a tenant are not identical with those of his landlord. The article also purposes to shed light on the merits of an "unearned increment" tax on the value of land. (shrink)

a houseis a structure that provides shelter for humanity. Studies have shown that in most parts of the world, urban rents are determined by various factors. These factors include location, level of facilities and services, neighborhood characteristics, space etcetera. Among these factors, the most influencing factor of rent in Wa Municipality is the level of facilities and services provided for tenant use. The objectives of this research was to examine the cost of housing construction, to determine the role played (...) by government in housing provision, recommend policies for housing provision, determine the portion of household income spent on rent. The methodology of this research is base on interplay of deskwork and fieldwork and these took the form of data collection, presentation and data analysis of findings. In the course of this study, both qualitative and quantitative primary and secondary data were collected. A summary of the findings from the research indicates that: cost of building materials is the major contributory factor to the cost of construction aside land and labour cost, the existing rent control law as currently operated have little or no impact on rent charged in the Municipality, current rent levels in the municipality are deemed to be satisfactory, besides the already documented rent determinants, population, occupation, and prospective duration of lease were also identified. One other major finding was that landlords do not take into account the room v let but take into consideration the number of people occupying the room to charge their rent and as such tenants who cannot afford to pay the full recoverable rent has to search for tenants they don‟t know. The group recommends that, There should be given a high priority to local building materials, which could reduce the cost of building and the improvement of the supply chain of various building materials; there should be a mechanism that would ensure that the Rent Control Board, the house owners and tenants would be provided with a platform where consensus building can be done in order to ensure transparency in rent charge Finally, the government should also urge the exemption of value added taxes on building components sourced locally as well as import duties on imported goods. (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

The author studies with the problems of formation of the tenancy institution, the social composition and land tenure by the tenants. The obligations, share and territorial location of the peasants - tenants in the Southern Urals are analyzed. Complicated land relations between the tenants and Bashkir’s are revealed. The results of the undertakings by the government in land relations rights regulation of Bashkir’s and their tenants are analyzed. The purposes, the main content of the decrees of 1830-1850s on land arrangement (...) of the tenants are distinguished. It is emphasized that the activity of Russian authorities on land tenure had not liquidated the uncertainty of land relations between Bashkir’s and their tenants. (shrink)

Community standards, ethical norms, and perceptions of fairness often serve as constraints on pure profit maximizing behavior. Consider the following examples: Most hardware stores refrain from raising prices on snow shovels after a major snow storm, even where short term profits might be increased. Most employers do not lower wages for existing employees, even as unemployment in the area increases. Automobile dealerships rarely raise sticker prices to cope with the long waiting periods for a popular model. Each of these anomalies (...) is consistent with the proposition that firms increase profits subject to fairness constraints.This paper examines perceptions of fairness in the residential real estate industry and explores how community standards affect economic decision-making. The residential real estate industry is unique. One party to the transaction (the landlord) frames decisions as pure business decisions. The other party to the transaction (the tenant) frames decisions more broadly. While a tenant's choice of apartments is in part viewed as a business decision, tenants consider a broad spectrum of non-business issues, as well. (shrink)

Residential rent control is a contentious issue in many jurisdictions throughout the world. While tenant groups have often argued vociferously in defence of control, landlord groups and the vast majority of economists have been equally vehement in their criticisms. This paper examines some key normative issues involved in rent control. In particular I examine arguments in favor of control based on the alleged unfairness of winfall profits, upon affordability, and finally on the creation of rights to security of (...) tenure. Various objections by libertarian and free market philosophers and economists are examined. I conclude with a somewhat limited defense of rent control as used in specific situations as part of a more comprehensive policy to satisfy the normative demands at the root of tenant pressure for rent control. (shrink)

In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, (...) it is not clear if they are impermissible, given the benefits for the recipients. I argue that payments are impermissible if at least one of two conditions are met: The payments demean or harm other members of society, or the payments are provided to recipients who have failed to consent to the payments. (shrink)

Advocates of gentrification regard it as a strategy of urban rehabilitation. Critics see in it the displacement of people from old neighborhoods, the polarizing of communities and both the expression and exacerbation of existing inequalities. Within political theory, assessments of gentrification have engaged primarily in evaluating gentrification’s benefits (rehabilitation) and burdens (displacements). In this paper, I argue gentrification is best understood as a relationship of domination between, on the one hand, the producers and consumers of gentrification, connected to one another (...) by a state-administered legislative apparatus that both commodifies land and makes it available as a consumable product, and on the other, all those individuals who are outside of that relationship, but who must nevertheless live in the shadows it casts. Focusing on how the boons of rehabilitated urban space can be weighed against the burdens assumed by displaced people is thus beside the point: domination is baked into gentrification as a strategy of capitalist urban development and should therefore be rejected. (shrink)

The central topic for this book is the ethics of treating individuals as though they are members of groups. The book raises many interesting questions, including: Why do we feel so much more strongly about discrimination on certain grounds – e.g. of race and sex - than discrimination on other grounds? Are we right to think that discrimination based on these characteristics is especially invidious? What should we think about ‘rational discrimination’ – ‘discrimination’ which is based on sound statistics? To (...) take just one of dozens of examples from the book. Suppose a landlord turns away a prospective tenant, because this prospective tenant is of a particular ethnicity – arguing that statistics show that one in four of this group have been shown in the past to default on their rent. That seems clearly unfair to people of this ethnicity. But we are routinely being judged in this way – not just on the basis of our ethnicity, but assumptions are made about us and decisions taken about us based on our gender, religion, job, post-code, hobbies, blood-group, nationality, etc. Now suppose that another landlord turns away a convicted criminal, arguing that one in four of convicted criminals have been shown to be unreliable rent payers. Is our intuition the same as before? Should it be? This book is suitable for all students of philosophy, especially those with an interest in applied ethics. (shrink)

This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of ‘family’ for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between (...) discursive legal reasoning (underpinned by normative heterosexuality), and aversion of the family which is ‘other’ to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law’s normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse. (shrink)

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author explores doctrinal hurdles facing plaintiffs alleging biotrespass. To overcome concerns about the metaphysicality of molecular biotrespass, the author draws analogies to “cybertrespass.” To confront the problem of suing patent licensors for the actions of (...) their licensees, the author makes reference to principles of landlord-tenant law. Well-established laws concerning wandering animals shed light on the policies underlying biotrespass. In the second part, the author examines such policies in further detail and considers the purpose of transporting property metaphors into bio/nanospace. The article concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly. (shrink)

Research on sexual harassment in the workplace is extensive, yet research on sexual harassment in housing is extremely limited. In this study, the author qualitatively analyzes 60 cases of sexual harassment in rental housing to expand on recent research addressing this topic by examining the forms and processes of housing-related sexual harassment in more detail, with a particular focus on class and race. This study reveals that sexual coercion is the most common form of sexual harassment for women in housing. (...) It also demonstrates the intersections of race, gender, and class in shaping this harassment. Landlords used their institutional authority in the housing context and racialized gender stereotypes to exploit tenants'economic vulnerabilities and sexually coerce them. Landlords also used these strategies to defend themselves against complaints of harassment. (shrink)

The rights granted to individuals by the legal system are examined with a fundamental distinction as regards their economic value as "property rights" and "personal rights". Property rights, which differ from personal rights in terms of their economic value, are characterized as ‘absolute’ if they can be asserted against everyone and as ‘relative’ if they can only be claimed against the convict on behalf of the debtor. If absolute property rights are based on a tangible (physical) subject, they are referred (...) to as real rights. Real rights and rights of claim that have relative characteristics and can therefore only be used through the act of a specific person constitute two important components of a property. Although various attempts have been made to bring these two types of rights closer together in the historical process, these rights have continued to be considered different in terms of both nature and legal implications. The aforementioned difference arises from the form of dominance over the subject of the right, whether it is direct or indirect, the impact of these rights on the ownership of the property, whether the right is absolute or relative, whether it is continuous or not, and priority/superiority, which will be discussed in detail in the article. The conceptual framework and terms belonging to the Continental European legal system are also found in Islamic legal doctrine in similar or equivalent forms. In this context, the term "milk" has been used in the fiqh literature to encompass all property rights, and terms such as "milk al-ayn," "milk al-manfaa," "milk al-dayn," and "milk al-habs wal-yad" have been developed depending on the nature of the property subject to the right. Real rights and personal rights constitute two important parts of the asset. In some cases where legal interests between people are confronted, it may be necessary to choose between these two types of rights. In such cases, considering the authorities it contains, a kind of priority has been given to real rights over personal rights. One of the cases where this priority is most clearly seen is when a leased property is transferred to third parties while the current lease agreement is in effect. In Islamic law, the authorities granted to the person by the lease contract differ from the Continental European legal system. At this point, the powers granted by the lease contract in Islamic law differ from those in the Continental European legal system. This article argues that the right of the tenant in this regard is considered as real right in Islamic law, unlike in the Continental European legal system. To justify this, the authorities granted to the tenant in Islamic law have been examined in cases where the leased property is transferred to third parties through means that can be interpreted as unlawful acts such as sale, lease, or usurpation during the lease period. In addition, the unique approach of Islamic law on this issue has been expressed by considering both classical and modern fiqh works, and by making comparisons with Turkish law. (shrink)

Le Locataire ("The Tenant"), one of Polanski's lesser-known films, uses both an unreliable narrator and manipulates an unreliable audience to achieve its horror effect.

Using historical documents and evidence gathered in the field, Rubie Watson provides a social history of the 600-year-old Chinese lineage village of Ha Tsuen in the New Territories of Hong Kong, and demonstrates the crucial role that the lineage played in the evolution of the community from a few scattered households in the fourteenth century into a regional power from the 1700s onwards. Despite a patrilineal ideology that extols the virtues of brotherhood and equality, Dr Watson shows that the lineage (...) has in fact played a central role in the formation, development and maintenance of an élite class of landlords and merchants, who, even though their economic importance has now declined, continue to exert political control. Dr Watson examines the dynamics of interclass relations within a single lineage and shows how these relations have been transformed as a consequence of the growth of wage labour. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

RésuméÉtant donné un ensemble de données D, les tenants de l'unicité épistémique soutiennent qu'une seule réponse doxastique est rationnelle, tandis que les tenants du permissivisme épistémique soutiennent que plusieurs réponses doxastiques peuvent être rationnelles. Comme certains auteurs l'ont signalé, l'un des attraits de la position permissiviste est qu'elle nous permet de comprendre le désaccord philosophique comme un désaccord dans lequel aucune des parties ne commet de faute rationnelle, et donc de respecter le statut épistémique de chacune d'elles. Je soutiens au (...) contraire que la position permissiviste ne parvient pas à offrir un tel avantage dans de nombreux désaccords philosophiques. (shrink)

Over the last thirty years, once staunchly historical cinema scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, and André Gaudreault have abandoned history for historiography and film studies for media archaeology. With increasing attention on the “database” as a symbolic metaphor for postmodernity and the decentered, networked tenants of the global present, cinema is taking on the characteristics of new media, existing in intertextual space. Thus, the term “post-cinema” has been co-opted as a viable intermediary that accounts for new (...) media conditions, as cinema is no longer emblematic of our cultural climate. As Giorgio Agamben wrote in 1992, “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema…human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere." Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. (shrink)

This book presents a critical reconstruction of the social and political facets of Thomas Hill Green’s liberal socialism. It explores the complex relationships Green sees between human nature, personal freedom, the common good, rights and the state. It explores Green’s analysis of free exchange, his critique of capitalism and his defence of trade union activity and the cooperative movement. It establishes that Green gives only grudging support to welfarism, which he saw as a conservative mechanism in effect if not conscious (...) design. It is shown that he believes state provision of welfare to be justified only to the extent that peasants and the proletariat lack a culture and institutions which enable them to assert themselves against abusive landlords and capitalists. Ultimately, it is shown that Green’s guiding ideal is the creation of a eudaimonically-enriching kingdom of ends, which favours the creation of a dynamic and free society driven by mass participation through decentralised social and political institutions. This book builds on Colin Tyler’s The Metaphysics of Self-realisation and Freedom, although it can also be read as a freestanding work. (shrink)

The decriminalisation of homosexuality was a measure originally adopted by the bourgeois revolutions, which was abandoned by the bourgeois parties as the rise of the labour movement led the bourgeoisie to seek a compromise with landlords, clergy and monarchy in different countries. The demand to decriminalise homosexuality was therefore taken over by the Marxist workers’ parties, such as the Social-Democratic Party of Germany before the First World War and the Bolshevik Party in Russia after the Revolution of October 1917. This (...) article outlines the cooperation between the Scientific-Humanitarian Committee led by Magnus Hirschfeld and Social Democracy to decriminalise homosexuality by removing Paragraph 175 of the German Penal Code before the First World War. It also describes the decriminalisation of homosexuality in Russia under Lenin, with the adoption of the first Soviet Penal Code in June 1922, and Magnus Hirschfeld’s relations with prominent figures of the early Soviet government such as N.A. Semashko, the first People’s Commissar of Public Health, and Anatoly Lunacharsky, the first People’s Commissar for Education. Those ties ceased with the Nazis’ rise to power in January 1933, which resulted in the destruction of the institutions created by Hirschfeld, such as the Institute for Sexual Science and the World League for Sexual Reform, while in the Soviet Union itself Stalin recriminalised homosexuality in March 1934, shortly before Hirschfeld’s death, linking homosexuality and fascism. (shrink)

Historically, land tenure theory tends to present the relationships between agricultural landowners and their renter as either a dominant renter-subordinate landlord relationship where the renter holds the power in decision-making on the land, or a dominant landlord-subordinate renter relationship where the landlord maintains the power over decisions on the land. However, these relationships are much more complex and nuanced, as more recent studies have begun to emphasize. In our study, we contribute to this evolving re-orientation in land (...) tenure theory by showing the varying ways women landowners manage their renter relationship. Using qualitative interview data from 56 women agricultural landowners in the Midwestern U.S., we add detail to the nuances that exist in the landowner-renter relationship, helping to re-orient land tenure theory by increasing the understanding of the power dynamics at play within the patriarchal structure of U.S. agriculture. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 102-117 [Access article in PDF] Gossip and Literary Narrative Blakey Vermeule Northwestern University Since its murky origins in Grub Street, a specter has haunted the novel—the specter of gossip. In its higher-minded mood, literary narratives have been very snobbish about gossip and the snobbishness is unfair. Even the most casual reader of social fiction will recognize that gossiping is what characters do most passionately. (...) However, they can neither admit nor be aware of it. Only minor or morally compromised characters are allowed to indulge in its pleasures. Matronly middle-aged women, chatty maids, little girls, and effeminate fops are the ones who gossip; their more reflective counterparts—the men and women designated as heroes and heroines—only briefly tolerate such idle chatter. Gossip is derided, decried, condemned, and maligned. It is womanish, low, slavish, servantish, silly, pert, loose, wanton, jiggetty, mean. It is the "tittle-tattle of Highbury" in Austen's Emma, an activity for the old maid Miss Bates and her even older, blind, and senile mother. In Middlemarch, although the world is "apparently a huge whispering-gallery," the greatest gossip of all is Mrs. Cadwallader, a matron with a mind like "phosphorous, biting at everything" (Spacks, p. 194). In Richardson's Clarissa, Lovelace—a man not known for his indifference to social information—airily dismisses gossip as "the female go-round." (In novels, the male equivalents of the "female go-round" tend to be such despised modes of exchange as business letters, gambling, chess, and games of chance.) Gossip has always been a part of charivari with the power to turn the world upside down. It also has the power to destroy lives (Les Liasons Dangereuses) and to derail love (when it becomes the "prejudice" of Pride and Prejudice). If it ever innocent, it is only because it is meaningless.Gossip is all of these things even—especially—when it powers the [End Page 102] whole narrative. This paradox is evident almost anywhere we choose to look. Social novelists view the stuff of direct, unmediated social information as so intense that it requires special handling—even disavowal. I will briefly survey examples from French, English, and Russian fiction. The first is a lurid and overheated speech by Henri de Marsay, the peculiar hero of Balzac's short novel, The Girl with the Golden Eyes (1815). De Marsay is a dissipated aristocrat in love with a mysterious young girl who, he finds out much later, is the sexual slave of de Marsay's long-lost sister. But first, after a night of passion that "had begun with a slow trickle of pleasures and ended in overflowing torrents," de Marsay realizes, when his lover accidentally lets slip the name of his rival, that the person he is competing with is female. The next day he becomes consumed with a bitter plan to kill his faithless lover. He reflects to his friend Paul "Upon my honor, man is a clown dancing on the edge of a cliff. We're told about the immorality of Les Liaisons dangereuses, and some book with the name of a chambermaid. But there is one ghastly, dirty, dreadful, corrupting book that is always open and never closed, the great book of the world—not to mention another book, a thousand times more dangerous, that consists of everything passed on by word of mouth between men or women behind their fans at the ball."1 Even though de Marsay is a corrupt aristocrat, his sentiments are little different from those the narrator expresses in the book's opening chapter, a panoptic survey of Parisian life as a glorious mosaic of infection, rot, and moral disease.In Emily Bronte's Wuthering Heights, Heathcliff's new tenant Lockwood breaks his self-imposed exile from social life by pressing the housekeeper Nellie Dean to do what housekeepers do best and launch into an aggrieved saga about her master's family. He wants her to serve up the gossip hot. "I ate..., hoping sincerely she would prove a regular gossip, and either rouse me to animation, or lull me to sleep... (shrink)

BackgroundSolitary death (kodokushi) has recently become recognized as a social issue in Japan. The social isolation of older people leads to death without dignity. With the outbreak of COVID-19, efforts to eliminate solitary death need to be adjusted in line with changes in lifestyle and accompanying changes in social structure. Health monitoring services that utilize wearable devices may contribute to this end. Our goals are to outline how wearable devices might be used to (1) detect emergency situations involving solitary older (...) people and swiftly connect them with medical treatment, to (2) reduce the frequency of deaths that remain undiscovered and (3) to reduce social isolation by promoting social interaction. MethodsTheoretical and philosophical approaches were adopted to examine ethical issues surrounding the application of wearable devices and cloud-based information processing systems to prevent solitary death in the world with/after COVID-19.Main body(1) Technology cannot replace social connections; without social support necessary to foster understanding of the benefits of health management through wearable devices among older adults, such devices may remain unused, or not used properly. (2) Maturity of the technology; systems face the difficult task of detecting and responding to a wide range of health conditions and life-threatening events in time to avert avoidable morbidity and mortality. (3) Autonomy and personhood; promoting the voluntary use of wearable devices that are a part of larger efforts to connect isolated individuals to a community or social services might be effective. Legal force should be avoided if possible. There is some concern that landlords may require an older person to sign a contract agreeing to wear a device. The autonomy of solitary older people should be respected. (4) Governance: policies must be developed to limit access to data from wearables and the purposes for which data can be used.ConclusionIf thoughtfully deployed under proper policy constraints, wearable devices offer a way to connect solitary older people to health services and could reduce cases of solitary death while respecting the personhood of the user. (shrink)