Global heating, wildlife extinction and pollution are among the most important ecological matter, they call for our urgent attention and deserve prominent documentation. The Globethics.net environmental ethics collection aims at gathering all most important sources on this matter. The content in the library is available in multiple languages and is mainly harvested from a wide variety of open access repositories. A limited set of manually submitted documents complete this collection, f.ex. documents published by the Earth Charter Initiative and Green Cross International.

Recent Submissions

  • Closing the Food Gap: Resetting the Table in the Land of Plenty

    Cornelia Butler Flora (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-10-01)
    First paragraph: Mark Winne’s book Closing the Food Gap: Resetting the Table in the Land of Plenty comes as a welcome contrast to the volumes by intellectuals about their quests to eat locally as part of their mission to expose the industrial food system. While equally personal and situated in the structural, Mark Winne describes and analyzes his efforts to close the food gap through providing healthy food for the urban poor. As personal as the foodquest books by Kingsolver and by Pollan, Winne shares his attempts to reduce poverty by increasing access to healthy food by people who are food-insecure. He takes us through his first efforts at gardening and organizing community gardens, reminding us that the most important word in that phrase is “community.” He illustrates his premise that the best programs link members of the community to each other as well as to programs that increase access to good food. He introduces us to teenagers, parents, farmers, and organizers who are part of the food- and social-justice movement. And he demonstrates the many barriers to healthy eating in the food deserts of inner cities and the various attempts — few of which have been successful — to make healthy food available to the food-insecure people who live there....
  • Making Do or Moving Forward: An Assessment of Our Global Food System [review of Rethinking Food Systems: Structural Challenges, New Strategies and the Law]

    Linda M. Young (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-10-01)
    First paragraphs: The rich and diverse perspectives of Lambek, Claeys, Wong, and Brilmayer in Rethinking Food Systems: Structural Challenges, New Strategies and the Law lend a great deal to their assessment of the extent to which our current system of institutions and law supports the achievement of a "just, equitable and sustainable" food system. The law here comprises a messy and complex mix of covenants, trade agreements, World Trade Organization (WTO) jurisprudence, and national laws. This book addresses the law, both as it exists and as it is being written in developing countries, while recognizing the institutional context and interests at play. The fundamental question asked by the authors is whether the current institutional and legal structure governing global food systems can be rethought to serve communities, particularly the poor, rather than corporate interests and the elite. This question is the thread that unifies discussion of the "right to food" and disparate issues, such as how some states are incorporating this right into their constitutions, legal structures, and policies; the rejection of free trade for food sovereignty by an international social movement of peasants; the challenges presented by an increase in land grabs; and negotiation of competing concepts and treaties governing the intellectual property of farmers....
  • Community Food Security via Urban Agriculture: Understanding People, Place, Economy, and Accessibility from a Food Justice Perspective

    Mahbubur R. Meenar; Brandon M. Hoover (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-08-01)
    This paper examines the role of urban agriculture (UA) projects in relieving food insecurity in lower-income neighborhoods of post-industrial U.S. cities, using Philadelphia as a case study. Based on food justice literature and mixed-methods such as GIS, survey, field observations, and interviews, we discuss how neighborhoods, nearby residents, and the local food economy interact with UA projects. Our findings suggest that, although UA projects occupy a vital place in the fight against community food insecurity in disadvantaged inner-city neighborhoods, there are debates and concerns associated with the movement. These concerns include geographic, economic, and informational accessibility of UA projects; social exclusion in the movement; spatial mismatch between UA participants and neighborhood socioeconomic and racial profiles; distribution of fresh produce to populations under poverty and hunger; and UA's economic contributions in underprivileged neighborhoods. Finally, we outline future research directions that are significant to understanding the practice of UA.
  • All Roads Lead to the New Food Activism

    Mustafa Hasanov (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2019-04-01)
    First paragraph: 
 The New Food Activism: Opposition, Cooperation, and Collective Action reminds us that understanding food activism in the world of alternative facts and post-truth politics requires breaking off with com­monly established norms, criticisms, and contro­versies. With an awareness that there are conno­tations associated with “food justice” and “neo­liberalism” that are quintessential in discussing food matters, Alison Hope Alkon and Julie Guthman propose that food activism is fertile ground for the growth of reflexive, innovative, and immersive food politics. Departing from the view that alter­native food systems have been described as apolitical and short-sighted, this edited volume suggests that food activism embodies politics and strategic action. This new sort of food activism seeks to build alliances and coalitions that go beyond the current notion of alternatives in describing transformative changes in food systems. The book is divided into three parts, each unpack­ing different possibilities for the role of activism in reshaping food systems. . . .
  • In This Issue: Advancing the Right to Food

    Duncan Hilchey (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-10-01)
    Full text of this issue's editorial: I just returned from the University of Vermont's fourth annual Food Systems Summit, entitled The Right to Food: Power, Policy, and Politics in the 21st Century. The right to food is often misunderstood as meaning that a government has the obligation to feed its people. Instead, in our capitalism-based world it is the right of people to have unfettered access to food, and more specifically to feed themselves. Three remarkable keynote speakers hammered this point home. Lawyer, activist, and human rights expert Smita Narula delved deep into the conference theme by speaking to the foundation for considering food as a human right while noting that the U.S. has dragged its feet on this issue, making more advances in civil and political rights than in economic and social rights that include the right to food. Berkeley conservation biologist Claire Kremen made the case for agroecology as a commonsense response to Earth's biophysical constraints to the right to food. And Stuffed and Starved author Raj Patel suggested why the medicalization of food by adding vitamins ("nutritionism") is not the route to solving the issue of widespread hunger. From additional panel speakers we heard about New England's lofty goal of supplying 50% of its own food by 2060; case studies of agroecology projects and working with smallholder farmers in Central America to adjust to climate change; and a remarkable program run by Vermont Youth Conservation Corps called the Health Care Share that includes a CSA operated with paid youth trainees in which shares are actually prescribed—and are free of charge—to limited-resource patients who have health issues related to weight and nutrition (see http://www.farmatvycc.org/). The patients pick up their shares at their doctor's offices. While the long-term financial model for supporting this innovative approach to addressing two community issues (youth work development and health) will be an issue, this kind of multisectoral problem-solving offers a welcome and fresh example. But one of the most powerful moments for me actually happened the evening before the conference, when organizers hosted a dinner gathering at the Intervale Center in Burlington. It was at this event that I met several very thoughtful and eager law students and young attorneys who were participating in the conference, since the Vermont Law School was cosponsoring this year's Food Systems Summit. As we ate dinner together and chatted about issues it occurred to me how the right to food will require their guidance and perhaps activism to move forward. Furthermore, it dawned on me how attorneys and legal experts are needed now and will be needed as time goes on in related food systems work: land use, farmland protection, alternative land ownership arrangements, labeling, place branding, food systems labor negotiations, international food treaties, trade negotiations, interstate commerce law, right-to-farm law and farm-neighbor relations, environmental regulation, food product liability, and minimizing litigation in all of the above through mitigation and mediation. With its Center for Agriculture and Food Systems, the Vermont Law School is now one of the leading institutions with a focus on legal aspects of food systems, and it is exciting to think we'll soon have a cadre of attorneys who will be able to put their shoulders to the wheel of the food movement. I like to think JAFSCD covers many of the topics discussed at the UVM Food Systems Summit. In this open call issue, we begin with a focus on economics. Two of our columnists focused on topics at the core of their respective wheelhouses. In his "Metrics from the Field" column,  Ken Meter introduces Two New Tools for Measuring Economic Impacts, and in his inimitable fashion our Economic Pamphleteer John Ikerd addresses the question, Can Small Farms Be Sustained Economically? The first paper in this issue, published through JAFSD Open Choice (publicly available), is by Danielle Lake, Lisa Sisson, and Lara Jaskiewicz and entitled Local Food Innovation in a World of Wicked Problems: The Pitfalls and the Potential. In it the authors examine how an urban food project's ability to play a social "bridging" role in the community is hampered by a top-down development approach—and yet exhibits potential. Next we offer a coincidental triptych of papers on community supported agriculture. In Defining the "C" in Community Supported Agriculture, Jennifer Haney, Michael Ferguson, Elyzabeth Engle, Kathleen Wood, Kyle Olcott, A. E. Luloff, and James Finley ask operators and members of four CSAs about what community means to them and find some interesting differences in perception that can be valuable to CSA operators and supporters who are trying to manage member turnover. Ted White takes a candid look at the image and the realities of CSAs and offers constructive criticism in The Branding of Community Supported Agriculture: Collective Myths and Opportunities. In the third CSA-related paper, entitled From Bread We Build Community: Entrepreneurial Leadership and the Co-creation of Local Food Businesses and Systems, Matthew M. Mars offers an in-depth case study of a community supported baker whose entrepreneurial leadership has served the local food community well through collaboration beyond the baking business. Next, Sherrie K. Godette, Kathi Beratan, and Branda Nowell find that formulaic approaches to food systems work are likely to struggle in Barriers and Facilitators to Local Food Market Development: A Contingency Perspective. Building the Capacity for Community Food Work: The Geographic Distribution of USDA Community Food Projects Competitive Grant Program Grantees, by Keiko Tanaka, Erica Indiano, Graham Soley, and Patrick H. Mooney, shows that the U.S. Southeast region is not as competitive in securing its share of CFP grant funds as other regions and suggests ways to remedy the problem. Also focused on the Southeast, Libby Christensen and Rita O'Sullivan apply social network analysis to food systems work in North Carolina as a way to model trends in collaboration, in Using Social Network Analysis to Measure Changes in Regional Food Systems Collaboration: A Methodological Framework. Our final paper of this issue is the Potential of Local Food Use in the Ohio Health Care Industry: An Exploratory Study, by Brian Raison and Scott Scheer, who identified the key factors that inform hospital foodservice directors' decisions to purchase more local food. Wrapping up this issue are three book reviews relevant to the global right to food movement. Angela Gordon Glore reviews Sustainable [R]Evolution: Permaculture in Ecovillages, Urban Farms, and Communities Worldwide, edited by Juliana Birnbaum and Louis Fox. Matt Hess reviews The Third Plate: Field Notes on the Future of Food, by Dan Barber. Returning to the critical role played by the law in food system innovation, Rachel Pilloff reviews The Intellectual Property and Food Project: From Rewarding Innovation and Creation to Feeding the World, edited by Charles Lawson and Jay Sanderson.   Publisher and Editor in Chief
  • Building an Airplane While Flying It: One Community's Experience with Community Food Transformation

    Catherine Sands; Carol Stewart; Sarah Bankert; Alexandra Hillman; Laura Fries (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-12-01)
    Across the country, local and regional food policy councils are collaborating to make healthy, afford­able food more available to everyone. What ingre­dients are needed for a true collaboration that changes social and racial equity dynamics? How can these collaborations influence systems, policy, and awareness in school food environments, specifically? This reflective case study describes some of the accomplishments and challenges faced by the multistakeholder Holyoke Food and Fitness Policy Council (HFFPC) for nearly a decade. Using a mixed-method participatory evaluation approach to lift up diverse partners’ insights, we conducted key informant interviews with people who were engaged with the project during its eight operating years; focus groups and participatory asset mapping with stakeholders; and reviewed meeting notes from the eight years of the HFFPC. We identify several crucial ingredients that sustain equitable community-based collaboration: changing the dominant narrative, community and youth leader­ship and advocacy, and aligned multistakeholder partnerships. We also discuss critical structural and values-based challenges to multistakeholder organizing, including issues of trust, transparency, resources, leadership development, and differences in perceptions of racial equity in an under­resourced, predominantly Latino community. As such, this case study investigates community engagement and effectiveness. It provides insights for those food policy councils and local coalitions endeavoring to build from within the community while accomplishing policy goals, and will help to further the practice of equity, community food policy and systems change, and governance.
  • Going "Beyond Food": Confronting Structures of Injustice in Food Systems Research and Praxis

    Catarina Passidomo (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-09-01)
    This commentary argues for a need to go "beyond food" in research, writing, and activism on the food system. Noting a tendency within both academic and activist discourse around food to focus on "the food itself," rather than on broader structures of inequality and disinvestment, I argue that more research is needed that focuses explicitly on the ways in which institutional structures and systems (including nonprofits, schools, housing, as well as the food system) can exacerbate broad injustices, including limited food access. I draw on research experience in post–Hurricane Katrina New Orleans, USA, as well as commentary from eminent food systems scholars, to advocate for new research trajectories that utilize food as a lens for contesting broader structures of injustice, rather than advocating for more and better food as an end in itself.
  • In This Issue: Labor in the Food System, from Farm to Table

    Patricia Allen (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-10-01)
    First paragraphs of this issue's editorial: Labor is at the heart of the food system—economically, politically, and ethically. This JAFSCD issue brings concerns about labor economics, politics, and ethics to contemporary food systems praxis. In so doing, we build upon the work of Cesar Chavez, Carey McWilliams, Deborah Fink, Dolores Huerta, Don Villarejo, Frank Bardacke, John Steinbeck, William Friedland, and countless others. Their activism and scholarship, set in an earlier context, has not always translated into the promise of the new sustainable or alternative agrifood movement, which, as Biewener states, has often focused more on "good food" than "good jobs." As someone who has worked as a farm laborer, food factory worker, and food service worker and written about social justice, racism, labor, gender, and localism in sustainable and alternative food systems for more than 25 years, I am honored to introduce the work of scholar-activists in this journal issue. The articles collectively address a wide range of labor issues, and in this introduction I highlight three themes that emerge: the need to see labor issues and solutions as social rather than individual problems; the reproduction of disenfranchisement; and the need to create new political economic systems. The articles in this issue demonstrate in a number of ways that labor problems are not so much the result of individual choices, but rather part of an entire system that extracts value from those who are the most vulnerable and allocates it to those who are the most powerful. Nowhere is this seen more clearly than in the agrifood system, where jobs are low-wage, dangerous, and contingent. Workers are often treated as instrumental factors of production and are commodified (Clayton, Ikerd) rather than as people with feelings, intellect, and aspirations....
  • Exploring Food, Agricultural, and Environmental Law and Policy Reforms

    Sheila Fleischhacker (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-09-01)
    First paragraphs: Books have played an important role in shaping the United States' food, agricultural, and environmental systems. One of the most influential is a1906 book entitled The Jungle written by Upton Sinclair that used investigative reporting to descriptively portray the working and living conditions endured by immigrants working in American meatpacking factories. Sinclair horrified readers and stimulated public outrage that led to political pressure to enact the Meat Inspection Act and the Pure Food and Drug Act, as well as establish the U.S. Food and Drug Administration. Another influential book, Silent Spring (1962) by Rachel Carson, led to stronger pesticide regulations and launched the environmental movement. More recent examples include Fast Food Nation: The Dark Side of the All-American Meal by Eric Schlosser (2001) and a series of writings by Michael Pollen (e.g., The Botany of Desire: A Plant's-Eye View of the World (2001) and The Omnivore's Dilemma: A Natural History of Four Meals (2006)). Both authors raised awareness about the associations between an increasingly industrialized food supply and obesity. These literary pieces provide unique, descriptive food systems insights; however, individually or collectively, they do not provide a systematic approach to understanding the complex and dynamic set of laws, regulations, policies, and procedures established under global, federal, tribal, state, and local authority governing our food, agricultural, and environmental systems. As advocacy mounts for various reforms and research advances our understanding of the multifaceted opportunities and challenges for our current and future food, agricultural, and environmental systems, a need exists for a transdisciplinary examination of the historical and contemporary legal and political developments influencing these systems....
  • Food Policy Councils in the Mid-Atlantic: Working Toward Justice

    Sam Boden; Brandon M. Hoover (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2018-02-01)
    Moral political action within a food system is vital to human health and survival in the Anthropocene. Over the last 20 years, the alternative food move­ment has unpacked what that moral food system looks like, and how people either participate or are marginalized in various food systems. Largely overlooked in the alternative food discourse is the role of food policy councils (FPCs) in promoting, plan­ning, and advocating for a regional food system that serves and supports its people. Researchers at Johns Hopkins Center for a Livable Future put the number of FPCs in North America at 282 in 2015, a more than 650 percent increase over the previous decade (Johns Hopkins Center for a Livable Future, 2015). While the basic design of an FPC is often standard—a locally minded group of stakeholders recommending changes to food policy—the groups are often structured in different ways. This paper uses a mixed-methods approach, including participant interviews and website analysis, to study FPCs from the mid-Atlantic region of the United States and look at how their structure affects their emphasis on food justice. In an age of crippling food insecurity, diet-related diseases, corporate hegemony, and food injustice, communities are looking for greater control of their regional food system; local FPCs can serve as a central hub for people to engage in food politics and enact change.
  • Expanding Technical Assistance for Urban Agriculture: Best Practices for Extension Services in California and Beyond

    Kristin A. Reynolds (Thomas A. Lyson Center for Civic Agriculture and Food Systems, 2016-06-01)
    Past studies have suggested the expansion of extension programs for urban agriculture (UA). With the growing interest in UA, the case for such programs is even stronger. In order to develop effective extension programs, it is important to begin with an understanding of the diversity of UA activities and the types of assistance that may be useful to operators. It is also important to explore whether extension staff are interested in expanding their programs in urban areas. This study sought to address these questions. It examined characteristics of UA in the study area, Alameda County, California; operators' challenges and assistance needs; and Extension staff members' interest in expanding programming for urban agriculture. Data was collected through the University of California Small Farm Program from 2006 to 2009, and consisted of on-site interviews with 52 urban farmers and gardeners as well as surveys of Extension staff members and participant observation, which took place throughout the study.
  • After Indonesia’s Ratification: The ASEAN Agreement on Transboundary Haze Pollution and Its Effectiveness As a Regional Environmental Governance Tool

    Daniel Heilmann (SAGE Publishing, 2015-01-01)
    On 20 January 2015 Indonesia deposited its instrument of ratification for the ASEAN Agreement on Transboundary Haze Pollution with the ASEAN Secretariat, becoming the last ASEAN member state to join the treaty. Haze pollution poses a serious health threat to the people of Indonesia, Singapore and Malaysia, and for decades haze pollution has been a highly contentious issue among ASEAN member states. This article argues that Indonesia’s ratification will not be an immediate game changer. The mechanisms of the agreement are too weak to contribute much to a reduction of haze pollution in the region. The agreement is designed according to the ASEAN way: a non-binding approach that is based on the principles of state sovereignty and non-intervention. This makes it unlikely that the agreement itself will bring about change, even now that all ASEAN member states have ratified it.
  • THE REGULATORY SUPPORT THE GOVERNANCE OF LAND RESOURCES IN MOSCOW

    Sergey F Grebenichenko (Peoples’ Friendship University of Russia (RUDN University), 2014-12-01)
    In connection with dynamic development of Moscow in the beginning of the XXI century, it is especially increases the value of its land resources. The article is devoted to the experience of Moscow in improvement of the legal framework in regulating of the land and property relations and also increasing the economic potential of urban land.
  • MULHER E DIREITOS HUMANOS: POR QUE PRECISAMOS TRATAR DESTE TEMA?

    André Fontes; Reis Friede (Centro Cultural Justiça Federal, 2018-09-01)
    This paper was organized from the speech of the authors, in the opening of the event Women, Power and Democracy, held in 2018, in the Cultural Center of Federal Justice. The text makes a brief presentation of human rights and argue about the need to discuss such rights, considering the problems still faced by women, in the fight against sexual harassment and against what has been recently conceptualized as femicide, it means the persecution and intentional death of female people. It also discusses the need for public policies to effect women's rights, which is in perfect alignment with Objective 5, ODS 5, of 2030 Agenda for the Sustainable Development of the United Nations, UN.
  • Implementation of Indigenous Rights in Russia: Shortcomings and Recent Developments

    ANNA KOCH (University of Western Ontario, 2014-10-01)
    After more than 20 years of active engagement in Indigenous issues, RAIPON, the umbrella organization of the Indigenous peoples of the North, Siberia, and the Far East, was ordered to suspend its activities by the Russian Ministry of Justice in November 2012. Eventually, this order was withdrawn provided that RAIPON changed its statute, which subsequently took place in early 2013. Why such sudden and definitive decisions? Apparently, the measures taken against RAIPON were due to its active engagement to defend Indigenous peoples' rights especially vis-à-vis the Russian extractive industry. A starting point for all possible explanations is thus the existing gap between the legal protection of Indigenous peoples' and its enforcement. The aims of this article are thus to gain a deeper understanding of the legal protection of Indigenous peoples’ rights in the Russian Federation, and to explore the interests and the politics lying behind the government attitude vis-à-vis Indigenous peoples.
  • Biocultural Rights: A New Paradigm for Protecting Natural and Cultural Resources of Indigenous Communities

    Cher Weixia Chen; Michael Gilmore (University of Western Ontario, 2015-06-01)
    This article proposes a new concept of “biocultural rights” that justly reflects a broader intellectual and policy trend to holistically address the protection of Indigenous natural and cultural resources. The concept of biocultural rights combines nature with culture; takes into consideration the past, the present, and the future; and values “special” Indigenous elements that are indispensable to the diversity of our universe. It aims at protecting Indigenous resources holistically and more effectively.
  • Utilizing Photovoice to Support Indigenous Accounts of Environmental Change and Injustice

    Felicia M. Mitchell; Shanondora Billiot; Stephanie Lechuga-Peña (MDPI AG, 2020-04-01)
    Global environmental changes can happen quickly or over extended periods and have compounding effects. Indigenous communities experience environmental changes that can lead to a decline in quality of life, illness or disease, and unwelcome cultural adaptations that extend to future generations. Due to limited resources and political marginalization, members of these communities may not be able to respond to or prevent these conditions. Cultural connections to the land and community, along with limited resources, impact Indigenous peoples’ willingness and ability to relocate to different geographic locations experiencing less damaging ecological changes or environmental risk. In this article, we respond to the Special Issue prompt probing “[m]ethods in which Indigenous communities engage within their environment and on the land to conduct research”. We begin by describing environmental change, followed by a scoping review of Photovoice studies focused on environmental issues. Environmental changes affecting Indigenous groups are discussed, including a case study and a discussion of the ways that Photovoice can support and honor Indigenous peoples’ connection to the natural environment. This article is not intended to be an exhaustive review, but rather seeks to understand how Photovoice is being used to respond to and document environmental change, and how such visual methodologies can be used in Indigenous communities.
  • Intellectual Property and Innovation Process under Goal 17 of Sustainable Development

    Gabriela Antosova; Jorge Hernán Cifuentes-Valenzuela (Universidad Sergio Arboleda, 2019-07-01)
    This paper presents a conceptual discussion focused on the basic vision of science and technology, which is the primary purpose and reference framework of the produced United Nations’ documents and the Sustainable Development Goals (SDGs) of the 2030 Agenda. The most important intention and the objective of these documents is the technology transfer, which carries a risk of not recognizing other technological options—such as eco-technology—and the limited role representing science and innovation in the achievement of these Sustainable Development Goals. We focused on the broader aspects of international patent law approaches that approximate to incentives of technological transfer and innovation process. This article contributes to the theoretical overview of patent law in the application process of intellectual property use in the international context. In conclusion, we discussed, according to the literature review, the possibility of maintaining the environment by considering technological transfer and innovation process as solutions for world disasters. Sustainable development goals are proposed for the same prevention, which should be clear for every country in the world.
  • Купівля і продаж землі в Османській імперії XV-XIX століть

    Andrii Chalyi (Ukrainian Center for Cultural Studies, 2019-09-01)
    У сучасній історіографії усталеною є думка про те, що в Османській імперії не існувало ринку землі в сучасному економічному тлумаченні. Базуючись на створеній у XVIII столітті концепції феодалізму й розвиненої в працях марксистсько-радянського штибу, було створено образ суспільства, що не знало приватної власності на землю, яка належала обмеженій кількості юридично повноправних вельмож. Для «Сходу» й для Османської імперії зокрема, ця теорія, органічно поєднуючись із концепцією «східного деспотизму», створила хибне уявлення про земельні відносини, згідно з яким, неначебто, вся земля належала державі, уособленням якої була постать султана, що роздавав земельні наділи в тимчасове користування. Користувачі земельних угідь не мали права продати, купити, орендувати, заповідати, розділяти земельний наділ тощо. Люди, що працювали на землі, були лише тимчасовими тримачами-орендаторами, які постійно перебували під економічним, а часто й під фізичним гнітом привілейованої частини османського суспільства (здебільшого військової), й ледь не на становищі рабів, прикріплених до тієї чи іншої ділянки. Навіть привілейовані верстви володіли землею на час несення державної служби і моментально втрачали будь-які права на землю після припинення служби. Згідно такої картини, приватної власності на землю не могло бути апріорі. У статті здійснюється спроба довести на основі законодавчих актів, що в Османській імперії існував вільний ринок землі, яка могла бути об’єктом економічних стосунків між усіма підданими Османської держави, що земля була поділена на велику кількість різноманітних типів в залежності від економічних та природніх обставин, земельний наділ міг знаходитися в приватній власності, а типологія землі в Османській імперії була зумовлена максимізацією прибутку держави. Кричуща невідповідність даних, базованих вже на перекладених і доступних джерелах із історії османських земельних відносин ґрунтується на застарілому радянському погляді, складності перекладу османських юридичних та економічних термінів та недотриманні принципу історизму при зіставленні османських соціоекономічних реалій із сучасними.
  • Notes in Defense of the Iraq Constitution

    Hamoudi, Haider Ala (Scholarship@PITT LAW, 2011-01-01)
    This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop such incremental resolutions.

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