6. Formality, perpetuity, and illegality: trust creation and public policy I

2020 ◽  
pp. 181-217
Author(s):  
Gary Watt

Trust property apparently belongs to the person who is not the true owner despite having all the forms and powers of ownership. Thus, a trust creates an illusion of ownership that may prejudice trade creditors when the trustee becomes insolvent and deceive the state’s tax collection agencies. However, there are a number of safeguards designed to prevent the undesirable creation and operation of trusts. For example, the disposition of equitable interests under trusts must be made in writing and the creation of trusts of land must be evidenced in writing. This chapter discusses the ways in which the creation of trusts is influenced by special considerations of public policy, focusing on formality, perpetuity, and illegality. It also considers rules against perpetuities—the rule against remoteness of vesting, the rule against inalienability of capital, and the rule against accumulation of income—and finally, looks at the Perpetuities and Accumulations Act 2009.

Author(s):  
Gary Watt

Trust property apparently belongs to the person who is not the true owner despite having all the forms and powers of ownership. Thus, a trust creates an illusion of ownership that may prejudice trade creditors when the trustee becomes insolvent and deceive the state's tax collection agencies. However, there are a number of safeguards designed to prevent the undesirable creation and operation of trusts. For example, the disposition of equitable interests under trusts must be made in writing and the creation of trusts of land must be evidenced in writing. This chapter discusses the ways in which the creation of trusts is influenced by special considerations of public policy, focusing on formality, perpetuity, and illegality. It also considers rules against perpetuities—the rule against remoteness of vesting, the rule against inalienability of capital, and the rule against accumulation of income—and finally, looks at the Perpetuities and Accumulations Act 2009.


2021 ◽  
pp. 1-26
Author(s):  
Ruth Schmidt ◽  
Katelyn Stenger

Abstract Despite widespread recognition that behavioral public policy (BPP) needs to move beyond nudging if the field is to achieve more significant impact, problem-solving approaches remain optimized to achieve tactical success and are evaluated by short-term metrics with the assumption of stable systems. As a result, current methodologies may contribute to the development of solutions that appear well formed but become ‘brittle’ in the face of more complex contexts if they fail to consider important contextual cues, broader system forces, and emergent conditions, which can take three distinct forms: contextual, systemic, and anticipatory brittleness. The Covid-19 pandemic and vaccination rollout present an opportunity to identify and correct interventional brittleness with a new methodological approach – strategic BPP (SBPP) – that can inform the creation of more resilient solutions by embracing more diverse forms of evidence and applied foresight, designing interventions within ecosystems, and iteratively developing solutions. To advance the case for adopting a SBPP and ‘roughly right’ modes of inquiry, we use the Covid-19 vaccination rollout to define a new methodological roadmap, while also acknowledging that taking a more strategic approach may challenge current BPP norms.


2020 ◽  
Vol 47 ◽  
pp. 195-218
Author(s):  
Nora El Qadim

Abstract:This article examines the digitization policy of Archives du Maroc (AdM), Morocco’s national archival institution, which was set up in 2011 and opened in 2013. Given its recent creation, the AdM lead us to question the particularity of digitization in archiving policies when included from the start rather than retroactively. Through an analysis of the creation and development of AdM as a public policy connected to national efforts at transparency and “good governance,” I argue that digitization has served as a way of performing modernity through technology and international standards, thus reinforcing the legitimacy of a nascent institution.


2020 ◽  
Vol 62 (2) ◽  
pp. 262-295
Author(s):  
Timothy P. A. Cooper

AbstractFor many city dwellers in Pakistan the distant memory of outdoor cinemas in their ancestral villages rekindles the thrill of first contact with film exhibition. This paper considers attempts made in colonial British India and postcolonial Pakistan to understand, wield, and benefit from the staging of such memorable and affective filmic events. In its cultivation of “cinema-minded” subjects, the British Empire commissioned studies of audiences and their reactions to film exhibition in hopes of managing the unruly morality and materiality of the cinematic apparatus. After Partition and the creation of the Dominion of Pakistan, similar studies continued, evincing a residual strategy of elicited contact. The elicitation of film contact aimed at the exertion and commandment of the event of film exhibition for the purposes of knowing their constituent subjects at a moment of malleability. Yet the Empire's struggle with the perceived problems of “Muslim tastes” and audience members’ ambivalence over rural screenings in post-Partition Pakistan calls for a reconsideration of the efficacy of these tactics. I argue that what complicated these encounters are affective responses that questioned the address, permissibility, and efficacy of film exhibition. In these tactics of elucidation, disenchantment, and denial, ruptures are refused and the new is dismissed as inoperable, incompatible, or impermissible.


2021 ◽  

The history of European videogames has been so far overshadowed by the global impact of the Japanese and North American industries. However, European game development studios have played a major role in videogame history, and prominent videogames in popular culture, such as <i>Grand Theft Auto</i>, <i>Tomb Raider</i> and <i>Alone in the Dark</i> were made in Europe. This book proposes an exploration of European videogames, including both analyses of transnational aspects of European production and close readings of national specificities. It offers a kaleidoscope of European videogame culture, focusing on the analysis of European works and creators but also addressing contextual aspects and placing videogames within a wider sociocultural and philosophical ground. The aim of this collective work is to contribute to the creation of a, so far, almost non-existent yet necessary academic endeavour: a story of the works, authors, styles and cultures of the European videogame.


2020 ◽  
pp. 108-131
Author(s):  
Paulina Orellana

Este artículo analiza cómo se construyen sujetos por parte del Estado en torno a la institucionalización de políticas de género en un contexto neoliberal, sustentada en mi investigación de maestría “La paradoja entre los discursos de igualdad y las prácticas desiguales. La construcción de sujetos en torno al género en Chile: El caso del Servicio Nacional de la Mujer”. Se hace revisión a los condicionamientos estructurales del neoliberalismo y las relaciones entre Estado y política pública en el contexto de institucionalización de las demandas del movimiento feminista “Concertación Nacional de Mujeres por la Democracia”[1] en la creación del Servicio Nacional de la Mujer en 1991. [1] A lo largo del texto se utilizará la sigla “CNMD”. This article analyzes how is the State’s subject construction on gender policies institutionalization on a neoliberal context. It’s based on my master's thesis research called “The paradox between equality discourses and unequal practices. Subject’s construction around gender in Chile: The case of the National Women's Service”. It reviews neoliberalism structural conditionings, the relationship between State and public policy on the context of institutionalization of feminist movement “Women`s National Concentration for Democracy” demands on the creation of the National Women's Service on 1991.


2012 ◽  
Vol 37 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Michael Yeo

One of the main issues in the long-form census controversy concerned the relationship between science and politics. Through analysis of the arguments and underlying assumptions of four influential and exemplary interventions that were made in the name of science, this paper outlines a normative account of this relationship. The paper nuances the science-protective ideals that critics invoked and argues that such conceptual resources are needed if science is to be protected from undue political encroachment. However, in their zeal to defend the rights of science critics claimed for it more than its due, eclipsing the value dimension of policy decisions and failing to respect the role of politics as the rightful locus of decision making for value issues. An adequate normative account of the relationship between science and politics in public policy must be capable not only of protecting science from politics but also of protecting politics from science.


2020 ◽  
Vol 54 (6) ◽  
pp. 1565-1587
Author(s):  
Juan Guillermo Vieira Silva ◽  
Jeraldine Alicia del Cid Castro

Abstract This article has two interrelated objectives: to introduce the Colombian Political Agendas Project (COL-PAP) and offer an exploratory example of the applications of its databases. As a prelude, we describe some characteristics of the Colombian political system and the presidents analyzed. The study presents the objectives of COL-PAP, the creation of the codebook and the databases built so far, with special attention to the databases gathering bills and CONPES documents. The example discussed explores the dynamics of presidential attention in the period 2002-2018, especially the attention distributed among public policy issues over time, and its allocation among instruments. The study shows that attention varies among issues, but also that it is assigned differently between instruments, according to the opportunity structure they offer. Inspired in the discussion and findings related to the databases built so far for COL-PAP, the study suggests future lines of research for Colombia, Latin America, and the CAP in general.


Author(s):  
Adhitya Yuspitara ◽  
Karona Cahya Susena ◽  
Herlin

Adhitya Yuspitara, Karona Cahya Susena, Herlin; The purpose of this study is to provide an overview of tax collection actions with a forced letter made in the tax office Pratama Argamakmur, Knowing the effect of tax collection by a forced letter in the tax service office pramama argamakmur in order to increase tax revenue in KPP Prtama Argamakmur in particular corporate income tax.  Data collection method used is secondary data in the form of documentation. The method of analysis used is simple linear regression analysis and hypothesis testing with t test. Based on the results of research and data analysis on the effect of tax collection with a letter of force against tax revenue in the tax office Pratama Argamakmur can draw the conclusion of the results of simple correlation analysis, simple linear regression value Y=7.105.100,391+977.683,917X r value = 0,803 The coefficient of determination = 0.645 and the value of t arithmetic greater than t table is 5,714>1.725 it indicates that Ho is rejected and Ha received which means that there is influence of tax collection with the letter of force against the tax revenue.Key Words:  Tax collection and Tax Receipts


Author(s):  
Jonathan Baron

This chapter discusses three impediments to proper use of science in the creation of public policy. First, citizens and policymakers follow moral rules other than those that involve consequences, yet the main role of science in policy is to predict outcomes. Second, citizens believe that their proper role is to advance their self-interest or the interest of some narrow group, thus ignoring the relevance of science to policy issues that affect humanity now and in the future. Third, people fail to understand the nature of science as grounded in actively open-minded thinking, thus giving it an advantage over some alternative ways of forming beliefs.


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