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We present a model of collective decision making in which aggregation and deliberation are treated simultaneously. Individuals debate in a public forum and potentially revise their judgements in light of deliberation. Once this process is exhausted, a rule is applied to aggregate post-deliberation judgements in order to make a social choice. Restricting attention to three alternatives, we identify conditions under which a democracy is ‘truth-revealing’. This condition says that the deliberation path and the aggregation rule always lead to the correct social choice being made, irrespective of both the original profile of judgements and the size of the electorate.
Hausman and McPherson defend welfare economics by claiming that even if welfare does not consist in preference satisfaction, preferences still provide good, if fallible, evidence of welfare. I argue that this strategy does not yet fully solve the problems for welfare economics stemming from the preference satisfaction theory of welfare. More work is needed to show that our self-interested preferences are sufficiently reliable, or in some other sense our best, evidence of well-being. Thus, my aim is to identify the challenges that remain and clarify what additional work is needed before Hausman and McPherson's defence of welfare economics succeeds.
Luck egalitarians claim that disadvantage is worse when it emerges from an unchosen risk than when it emerges from a chosen risk. I argue that disadvantage is also worse when it emerges from an unchosen risk that the disadvantaged agent would have declined to take, had he or she been able to do so, than when it emerges from an unchosen risk that the disadvantaged agent would not have declined to take. Such a view is significant because it allows both luck egalitarians and prioritarians to respond to Voorhoeve and Fleurbaey's charge that they fail to accommodate intuitions about the moral relevance of interpersonal boundaries – the so-called separateness of persons objection. I argue that the view is plausible independently of its ability to answer the separateness of persons objection, and is a natural extension of the luck egalitarian concern with the impact of unchosen circumstance.
This article explores some of the ways in which the closely regulated layouts and property boundaries within Scottish medieval towns may have influenced the form and character of domestic buildings during the late medieval and early modern periods. Drawing together strands of scattered evidence from archaeology, morphology, history and architecture, it re-examines how plot boundaries, main thoroughfares and subsidiary access passages acted as site constraints in relation to the design and configuration of individual structures or groups of buildings, focusing in particular on building frontages and so-called ‘encroachments’ such as booths, stairs, galleries and arcades.
There is no definitive approach to assessing the effectiveness of international environmental regimes. In order to explore the regime established by the 1979 Geneva Convention on Long-Range Transboundary Air Pollution this article broadly integrates the approach to effectiveness taken by Peter H. Sand in The Effectiveness of International Environmental Agreements, and Daniel Bodansky in The Art and Craft of International Environmental Law. The article finds that compliance, institutional, and normative effectiveness can be evaluated relatively confidently. An effectiveness assessment of the long-range transboundary air pollution (LRTAP) regime indicates that, on the whole, it has helped states to reach agreement on contentious issues and achieve results in air pollution reduction. However, it faces significant challenges with regard to participation, implementation procedures, empowerment of domestic stakeholders, and funding. The article provides an in-depth and up-to-date look at the LRTAP regime, including the most recent amendments and its relationship with European Union and international law.
In Navajo Nation v. U.S. Forest Service, 535 F.3d 1058 (9th Cir. 2008), cert. denied, 129 S. Ct. 2763 (2009), the Ninth Circuit seated en banc found that federal approval of a plan by a ski resort to make artificial snow with treated sewage effluent on Arizona's San Francisco Peaks, a mountain massif held sacred by the Navajo, Hopi, and four other claimant tribes, did not violate their religious liberty under the Religious Freedom Restoration Act (RFRA). The court accepted numerous factual findings about sincere religious exercise, but found federal approval of the scheme did not constitute a “substantial burden” on religion; rather, it only “decreased spiritual fulfillment” of tribal members. Despite a spirited dissent, the Ninth Circuit narrowly interpreted RFRA's language of “substantial burden” by making reference to the Supreme Court's 1988 holding in Lyng v. Northwest Cemetery Protective Association, 485 U.S. 439 (1988). This article shows how conventional wisdom about individualistic, subjective, and protean “spirituality” and in particular about “Native American spirituality” equips the court to denature highly specific and collective religious claims about the mountain by plaintiff tribes, and in turn to naturalize those claims as merely spiritual. Misrecognition of Native religions as Native spirituality then troubles the substantial burden analysis. While Navajo Nation suggests courts may never fully understand Native claims to sacred sites, the Supreme Court's 2014 holding in Burwell v. Hobby Lobby, Inc., 134 S. Ct. 2751, 2759 (2014), opens the door to revisiting the interpretive posture spelled out in Navajo Nation, and the Ninth Circuit's interpretive approach to “substantial burden” bears revisiting.
In scholarly writings, the term “agrarian labour” is used variously. It can refer to a very specific set of productive activities – the cultivation of crops and animal husbandry – but it can also have the much broader connotation of rural or non-urban labour. These different uses can be confusing, especially in comparative research. This paper starts from the French comparative agriculture school and its conceptualization of three nested scales of analysis – the “cropping system”, the “activity system”, and the “agrarian system”. It tests these ideas in a comparison of labour employed in the production of indigo dye in two colonial systems (British India and the Dutch East Indies). The article concludes that this approach helps counteract monocausal explanations of labour relations in terms of agro-environmental determinants, the force of colonial capitalism, or local work cultures. It also promotes agriculture-sensitive readings of social transformations by comparing social orders that comprise both agricultural and non-agricultural labour relations.
This article discusses the material and spatial features of the tournaments on the Grote Markt, the central market square in Brussels, in the fifteenth and first half of the sixteenth century. It investigates how the tournament acquired meaning in the urban space where it was organized, and how the chivalric event in its turn altered that urban space. These Brussels tournaments, for which both archival, iconographical and narrative sources are available, show us the dynamics of an inherently courtly festival within an urban setting. Recent historiography has stressed that these tournaments, just like other urban festivals, for example joyous entries, demonstrate the submission of the town to the ruler. Indeed, the prince and his household used the public space of the Grote Markt and the facilities of the town hall to organize tournaments and festivities. However, they could not do this on their own. They needed the town government for the organization and logistics of the tournament and for its hospitality. Moreover, the town managed to put its own stamp on the architecture, both permanent and ephemeral, emphasizing the responsibilities that the duke had towards his town, as well as the long tradition of subservience and loyalty of the town to the duke.
The author would like to amend the incorrectly labelled segments of the scale bar he used in Figure 1 of the above article. Segments on the scale bar should read 100, 200 and 300 rather than 10, 20 and 30. The author would also like to remove from the scale bar, the ratio scale, which is reported to be 1:50,000, because this is inaccurate. The corrected figure is published on the following page.
The Kyoto Protocol is remarkable among global multilateral environmental agreements for its efforts to depoliticize compliance. However, attempts to create autonomous, arm’s length and rule-based compliance processes with extensive reliance on putatively neutral experts were only partially realized in practice in the first commitment period from 2008 to 2012. In particular, the procedurally constrained facilitative powers vested in the Facilitative Branch were circumvented, and expert review teams (ERTs) assumed pivotal roles in compliance facilitation. The ad hoc diplomatic and facilitative practices engaged in by these small teams of technical experts raise questions about the reliability and consistency of the compliance process. For the future operation of the Kyoto compliance system, it is suggested that ERTs should be confined to more technical and procedural roles, in line with their expertise. There would then be greater scope for the Facilitative Branch to assume a more comprehensive facilitative role, safeguarded by due process guarantees, in accordance with its mandate. However, if – as appears likely – the future compliance trajectories under the United Nations Framework Convention on Climate Change will include a significant role for ERTs without oversight by the Compliance Committee, it is important to develop appropriate procedural safeguards that reflect and shape the various technical and political roles these teams currently play.