To Sue or Not to Sue: How Afghan Merchants Strategically Choose to Use or Avoid Courts

2019 ◽  
Vol 14 (2) ◽  
pp. 211-244
Author(s):  
Haroun RAHIMI

AbstractThis article explores how and why Afghan merchants choose to use courts or informal dispute resolution methods. It goes beyond the common corruption and inefficiency arguments, which maintain that Afghans do not use courts because they are corrupt and inefficient. It leverages rich, original data on variation of dispute resolution practices across provinces and types of disputes to gain insights into Afghan merchants’ dispute resolution decisions. In so doing, I reveal a more complex picture of commercial dispute resolution in Afghanistan. In this article, I demonstrate that Afghan merchants do choose courts when courts enforce the parties’ expectations and courts’ judgments are necessary and effective. Moreover, while Afghan merchants do prefer informal dispute resolution methods, they do so because informal methods hold important advantages over courts in the context of Afghanistan where the formal property rights system is a failure, and the business climate is highly volatile.

Author(s):  
C. Daniel Batson

Despite its virtues, empathy-induced altruism can at times harm those in need, other people, and the altruistically motivated person. Specifically, it can hurt those in need when acted on without wisdom and sensitivity or when a cool head is required. It can produce paternalism. It is less likely to be evoked by nonpersonalized, abstract, chronic needs. It can be a source of immoral action, leading us to show partiality toward those for whom we feel empathic concern even when we know that to do so is neither fair nor best for all. Indeed, when our behavior is public, empathy-induced altruism can pose a more serious threat to the common good than does self-interest. Finally, it can at times jeopardize our mental and physical health—even our life. Any attempt to call on empathy-induced altruism to build a more humane society needs to take these problems into account lest we do more harm than good.


Author(s):  
Daniel Halliday

This chapter considers various arguments both for and against taxing inherited wealth, each of these being associated with some or other type of libertarian outlook. Libertarianism in the Lockean guises (‘left’ and ‘right’ varieties) is distinguished from its classical liberal alternative, which downplays the Lockean emphasis on private property rights in favour of a more defeasible case for small government and low taxation. These different perspectives generate a variety of quite different arguments about inheritance, some more persuasive than others. Some attention is paid to the common claim that inheritance taxes ‘punish’ virtue and generosity. It is then argued that a Rignano scheme may be particularly attractive in light of certain left-libertarian commitments and as a way of accommodating a classical liberal concern about perpetual savings.


2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti

Abstract The property rights and the type of ownership (private owners, public domain and commons) are two fundamental concepts in relationship to the local development and to the social and environmental sustainability. Common forests were established in Europe since the Middle Ages, but over the centuries the importance of commons changed in parallel with economic and social changes. In recent decades, the scientific debate focused on the forest management efficiency and sustainability of this type of ownership in comparison to the public and private property. In Italy common forests have a long tradition with substantial differences in the result of historical evolution in various regions. In Sardinia region the private forests are 377.297 ha, the public forests are 201.324 ha, while around 120.000 ha are commons. The respect of the common rights changed in the different historical periods. Today, the common lands are managed directly by municipalities or indirectly through third parties, in both cases the involvement of members of community is very low. The main objective of the paper is to analyse forest management differences in public institutions with and without common property rights. To achieve the objective of the research the forest management preferences of community members and managers were evaluated and compared. The analysis was realized through the use of the principal-agent model and it has been tested in a case study in Sardinia region (Arci-Grighine district). The analysis of the results showed that the categories of actors considered (members of community, municipalities and managers) have a marked productive profile, but municipalities manage forests perceiving a moderate multifunctionality. Moreover, the representatives of the municipalities pay more attention to the interests of the collectivity in comparison to the external managers. They also attribute high importance to environmental and social forest functions.


Author(s):  
Yannis Theocharis ◽  
Joost de Moor

Creative participation refers to citizens’ invention of, and engagement in, new action forms that aim to influence, or take responsibility for, the common good in society. By definition, these action forms are constantly evolving and cannot be listed or summarized. Yet some, like guerrilla gardening, have over time become more established in political repertoires, and specific arenas are known to be particularly productive sites for their development. These include in particular the Internet, and lifestyles and consumption. The constant changes in how citizens become active represented by creative participation present considerable challenges for scholars of political participation—both in terms of theory and methodology. In particular, such forms test our ability to distinguish political from nonpolitical activities. However, how political creative participation is, is often subtle and implicit, and therefore hard to establish. Yet being able to do so is essential for an ongoing assessment of the quality of participatory democracy. With conventional forms of participation declining and creative participation becoming more common, scholars must be able to agree on definitions and operationalizations that allow for the comparison of participatory trends. For instance, a key concern has been whether creative forms of participation crowd out more conventional ones, like voting or lobbying politicians. Developments in survey research have been able to show that this is not the case and that creative participation may in fact increase conventional participation. In addition, qualitative research methods like focus groups and ethnography, allow for more open-ended explorations of this elusive research topic. As to who participates, creative participation has enabled traditionally underrepresented groups like women and young people to catch up with, and sometimes overtake, those older men who have long dominated conventional political participation. Still, education remains a key obstacle even to creative participation. The COVID-19 crisis that took hold of the world in 2020 has compromised access to collective action and public space. It has thereby once more put the onus on citizens to engage creatively with ways to influence, and take responsibility for, society. At the same time, the crisis presents a need and opportunity for political participation scholarship to engage more deeply with theoretical debates about what it means to be political or to participate.


2014 ◽  
pp. 53-91
Author(s):  
Terry L. Anderson ◽  
Gary D. Libecap

1998 ◽  
Vol 37 (04/05) ◽  
pp. 394-403 ◽  
Author(s):  
J. J. Cimino

AbstractBuilders of medical informatics applications need controlled medical vocabularies to support their applications and it is to their advantage to use available standards. In order to do so, however, these standards need to address the requirements of their intended users. Overthe past decade, medical informatics researchers have begun to articulate some of these requirements. This paper brings together some of the common themes which have been described, including: vocabulary content, concept orientation, concept permanence, nonsemantic concept identifiers, polyhierarchy, formal definitions, rejection of “not elsewhere classified” terms, multiple granularities, mUltiple consistent views, context representation, graceful evolution, and recognized redundancy. Standards developers are beginning to recognize and address these desiderata and adapt their offerings to meet them.


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