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law of the common

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Journal Article
South Atlantic Quarterly (2019) 118 (4): 857–876.
Published: 01 October 2019
...Francesco Brancaccio This essay will show what are some of the qualifying characteristics of the theoretical construction of the law of the common. It will be divided into two parts. In the first part, I will review some of the main structural modifications that affected modern law with the advent...
Journal Article
South Atlantic Quarterly (2017) 116 (4): 707–725.
Published: 01 October 2017
...Giso Amendola In the struggles against neoliberalism, it is difficult to reconcile the language of instituent practices and the language of revolution, the transformation of the present in its totality. This difficult link also raises the problem of law. The production of commons is interpreted...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 877–893.
Published: 01 October 2019
... and the have-nots and revisit its role in the construction of social relations of production within the metropolis. The South Atlantic Quarterly 118:4, October 2019 doi 10.1215/00382876-7825672 © 2019 Duke University Press Maria Rosaria Marella The Law of the Urban Common(s) Cities are quintessentially human...
Journal Article
South Atlantic Quarterly (1968) 67 (4): 705.
Published: 01 October 1968
...B. Wilkinson Origins of the Common Law . By Hogue Arthur R. . Bloomington : Indiana University Press , 1966 . Pp. xii , 276 . $6.50 . Copyright © 1968 by Duke University Press 1968 Book Reviews 705 Origins of the Common Law. By Arthur R. Hogue. Bloomington: Indiana University...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 839–855.
Published: 01 October 2019
...Michele Spanò The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still...
Journal Article
South Atlantic Quarterly (2013) 112 (2): 366–376.
Published: 01 April 2013
... as the three-part strategy of social movements in deploying traditional political forums and mechanisms, illegal occupation, and contestation in courts of law. Access to common goods such as water, culture, and nature is fundamental to human life, and yet such access continues to be threatened by privatization...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 725–746.
Published: 01 October 2019
... centuries, communology challenges orthodoxy. This article presents communology’s evolving terminology, historical perspective, and intersections with law, politics, technology, and social sciences. The commons are subversive to the status quo; they do not assume—as given—sovereignty, statehood, boundaries...
Journal Article
South Atlantic Quarterly (2012) 111 (4): 847–856.
Published: 01 October 2012
..., the people, known as Chagossians, have struggled to return to their homeland and win proper compensation. Because US and UK law bar most suits challenging military and foreign policy and because the Chagossians are a people of around five thousand taking on two world powers, they have generally avoided...
Journal Article
South Atlantic Quarterly (2013) 112 (3): 473–479.
Published: 01 July 2013
..., dangerous bursts of violence; and exploited the physical intimacy of their work to steal from clients. In large measure due to their similar legal treatment under regulation, many prostitutes shared W. E. B. Du Bois’s common “economic condition and destiny” across racial lines. Nevertheless, Du Bois uses...
Journal Article
South Atlantic Quarterly (2021) 120 (3): 663–669.
Published: 01 July 2021
...Jonathan S. Parhusip Local labor laws in Taiwan push migrant workers to run away from contracted employment arrangements and become undocumented. This article examines the common forms of struggle pursued by runaway Indonesian migrant workers with a focus on the informal organizational structures...
Journal Article
South Atlantic Quarterly (2021) 120 (4): 809–822.
Published: 01 October 2021
... of management. Beyond the formal sharing of an independent contractor status, nuanced by a variety of positions including salaried work, platform drivers are unified in practice by their common economic dependence on platforms. This situation gives them the role of an adjustment variable in platforms...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 928–930.
Published: 01 October 2019
...; Beyond Public and Private: For a Law of the Commons), which has become a landmark for the Italian debate in this field. Mark Mancall is Professor of History, emeritus, at Stanford University. Trained as a historian of China, he has spent the last three decades working both theoretically and in practice...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 767–787.
Published: 01 October 2019
... . “ Common-Based Strategies and the Problem of the Patents .” Science 305 , no. 5687 : 1110 – 11 . Boyle James . 2003 . “ The Second Enclosure Movement and the Construction of the Public Domain .” Law and Contemporary Problems 66 : 33 – 74 . Coriat Benjamin , ed. 2015 . Le...
Journal Article
South Atlantic Quarterly (2001) 100 (4): 1053–1070.
Published: 01 October 2001
... some differences in structure and still more in operation. The Indian legal system is a standard common law democratic system. Law is conducted in English with much the same categories and vocabulary as in England...
Journal Article
South Atlantic Quarterly (1946) 45 (2): 165–175.
Published: 01 April 1946
... nature as a common fountain of legal concepts designed for uni­ versal application. The other considers rules and regulations with only limited national application to be the primary sources of law. The first group is known as the school of Naturalists ; its main pro­ ponent was Samuel Pufendorff, a mid...
Journal Article
South Atlantic Quarterly (1931) 30 (4): 382–393.
Published: 01 October 1931
... of our Republic, in making the rules of society, which we call law, responsive to common sense. This may be as simple in theory as the Chief Justice said, but it is most difficult in practice; the art of government of the people, by the people and1 for the people, is the most diffi­ cult of all arts...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 699–709.
Published: 01 October 2019
... the corporation itself as a productive common. At the same time, this perspective marks an epistemological turning point in the legal sciences affirming, regardless of public and private law, the autonomy of a law of the commons that finds its source first in the common- ers practices of self-government...
Journal Article
South Atlantic Quarterly (1982) 81 (1): 6–13.
Published: 01 January 1982
... portions of their papers. Historians in the twentieth century attacked the archaic claim of personal ownership of presidential papers as not sustained by law, ethics or common sense. Herbert Hoover and Franklin Roosevelt began the break from this tradition. Hoover was the first president to preserve...
Journal Article
South Atlantic Quarterly (1994) 93 (3): 631–658.
Published: 01 July 1994
... Sobran s outrage: In the course of breaking the law and offending common morality, groups of persons bring down upon themselves a dire plague which now threatens the populace as a whole. Public officials are then accused of bigotry and of furthering the disease when they hesitate to foster the actions...
Journal Article
South Atlantic Quarterly (2001) 100 (4): 981–1004.
Published: 01 October 2001
... philosophical foundations, which contemplate the equal treatment of both defendants and victims of crime, as well as the establishment and existence of the criminal laws as a common boundary of individual liberty. Fifth...