Interest and Disinterestedness

2021 ◽  
pp. 144-183
Author(s):  
Mark Knights
Keyword(s):  
Seventeenth Century ◽  
Conflict Of Interest ◽  
Multiple Roles ◽  
The Public ◽  
Competing Interests ◽  
Political Office ◽  
Conflicting Interests

This chapter explores the abuse of trust when an official’s interest conflicted with that of the entrusting power or beneficiary of the trust, or where an agent’s multiple roles conflicted with each other so that the performance of a trust was compromised. Trust and interest were, it is argued, intertwined, since entrusted power demanded disinterestedness. The chapter relates the emergence of the ‘language’ of interest in the seventeenth century to debates about the competing and conflicting interests. Over the period, measures were put in place in both commercial and political office to go some way to separating competing interests and to subordinate the pecuniary self-interests of officials to the trusts from their companies or the public. Long before 1850 ‘conflict of interest’ had become an established lexicon and concept, used to debate, define and tackle corruption in office.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Biblical Philology and Hermeneutical Debate in the Dutch Republic in the Second Half of the Seventeenth Century

2017 ◽  
Author(s):  
Jetze Touber
Keyword(s):  
Seventeenth Century ◽  
Human Dignity ◽  
Dutch Republic ◽  
Biblical Scholarship ◽  
The Enlightenment ◽  
Conflicting Interests ◽  
The Ideal ◽  
Held Back

Spinoza’s time was rife with conflicts. Historians tend to structure these by grouping two opposing forces: progressive Cartesio-Cocceian-liberals versus conservative Aristotelian-Voetian-Orangists. Moderately enlightened progressives, so the story goes, endorsed notions such as human dignity, toleration, freedom of opinion, but shied away from radicalism, held back by the conservative counterforce. Yet the drift was supposed to be inevitably towards the Enlightenment. This chapter tries to capture theological conflicts in the Dutch Republic of the Early Enlightenment in a triangular scheme, that covers a wider range of conflicting interests. Its corners are constituted by ‘dogmatism’ (Dordrecht orthodoxy), ‘scripturalism’ (Cocceianism), and ‘rationalism’ (theology inspired by Cartesianism, Spinozism, or any other brand of new philosophy). Dogmatics and rationalists battled in terms of philosophy, whereas the scripturalists and their respective opponents fought each other rather in the field of biblical scholarship. This multilateral conflict within Dutch Calvinism made the ideal of a unified church untenable.

Patents for Critical Pharmaceuticals: The AZT Case

1991 ◽  
Vol 17 (1-2) ◽  
pp. 145-180
Author(s):  
Evan Ackiron
Keyword(s):  
The United States ◽  
Incentive System ◽  
The Public ◽  
Incentive Programs ◽  
The Past ◽  
Research And Innovation ◽  
Monopoly Pricing ◽  
Conflicting Interests ◽  
Necessary Evil ◽  
Near Future

Patents and other statutory types of market protections are used in the United States to promote scientific research and innovation. This incentive is especially important in research intensive fields such as the pharmaceutical industry. Unfortunately, these same protections often result in higher monopoly pricing once a successful product is brought to market. Usually this consequence is viewed as the necessary evil of an incentive system that encourages costly research and development by promising large rewards to the successful inventor. However, in the case of the AIDS drug Zidovudine (AZT), the high prices charged by the pharmaceutical company owning the drug have led to public outcry and a re-examination of government incentive systems.This Note traces the evolution of these incentive programs — the patent system, and, to a lesser extent, the orphan drug program — and details the conflicting interests involved in their development. It then demonstrates how the AZT problem brings the interest of providing inventors with incentives for risky innovative efforts into a sharp collision with the ultimate goal of such systems: ensuring that the public has access to the resulting products at a reasonable price. Finally, the Note describes how Congress and the courts have attempted to resolve these problems in the past, and how they might best try to solve the AZT problem in the near future.

scholarly journals EFEKTIVITAS PENGELOLAAN HUTAN BERSAMA MASYARAKAT SEBAGAI RESOLUSI KONFLIK SUMBER DAYA HUTAN

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
M Imam Arifandy ◽  
Martua Sihaloho
Keyword(s):  
Conflict Resolution ◽  
Forest Management ◽  
Conflict Of Interest ◽  
Community Forestry ◽  
Forest Resources ◽  
Community Based ◽  
Resources Management ◽  
The Public ◽  
Forest Resources Management

Community Based Forest Management (CBFM) is a system of state forest management that conducted Perhutani joinly with community forestry forest villages. CBFM include: drafting plans, utilization of forest resources, and protection of forest resources. CBFM regulated the rights and obligations of all stakeholders involved. Conflict of interest in the management of forest resources can lead to conflicts beetwen any stakeholders. This research aim to determine (1) history and sources of forest resources conflict in the Kalimendong village, (2) conflict resolution mechanism that were implemented based on the CBFM, (3) effectiveness CBFM as conflict resolution in forest resources management. The result of this study found that the conflict in Kalimendong village occured since 1998 that comes from the differences in perception, interest, and ownership beetwen the public and Perhutani. CBFM then can be conflict resolution of forest resources management, but CBFM can then generate a new conflict when the interests of stakeholder can not be accomodated. The analysis shows that characteristic of number of dependents has negatively correlation related to the effectiveness of CBFM as conflict resolution.<br />Keywords: conflict, CBFM, conflict resolution, forest resources

The Culture of Catechesis and Lay Theology

2018 ◽  
Vol 98 (1) ◽  
pp. 31-55
Author(s):  
Jetze Touber
Keyword(s):  
Seventeenth Century ◽  
Biblical Interpretation ◽  
Benedictus De Spinoza ◽  
Dutch Republic ◽  
The Public ◽  
The Bible ◽  
Collective Effort ◽  
Lay Theology ◽  
Public Church

Abstract In the seventeenth-century Dutch Republic, non-professional theologians articulated well-informed biblical interpretation, producing a lay theology that was unwelcome to representatives of the churches. Historians have long considered this lay theology as a manifestation of Early Enlightenment. It did not, however, necessarily result from the activities of rationalist philosophers usually associated with the Dutch Early Enlightenment, such as Benedictus de Spinoza (1632–1677). Equally important were the clergy’s efforts to educate laity in reading the Bible and contemplating divinity autonomously. This paper reconstructs the Dutch “culture of catechesis,” a collective effort to involve laity in reflection on religion and the Bible, dating back to at least the 1640s. Based on catechetical materials and their authors, this paper argues that the “culture of catechesis” had its roots in the Public Church itself, and that it contributed to lay theology, as much so as the outspoken programs of eccentric philosophers.

‘Marpesia cautes’

2018 ◽  
pp. 361-376
Author(s):  
Deana Rankin
Keyword(s):  
Seventeenth Century ◽  
Civil War ◽  
The Public

Amazons have long made their presence felt in epics of love, empire, and war; and from early antiquity to the present day, it is both at generically rocky impasses and geographically distinct interstices that they make themselves known. This chapter explores these ideas with respect to the performance of the Amazon on the English and Irish stage across the first half of the seventeenth century. It focuses on a particular moment in early 1640, on the verge of the outbreak of civil war across the Three Kingdoms of England, Ireland, and Scotland, when, in London, Sir William Davenant’s Salamanca Spolia is performed at court and, in Dublin, Henry Burnell’s play Landgartha is performed at the public theatre in Werburgh Street. It locates these coinciding performances in the context of two evolving and competing English literary embodiments of the figure of the Amazon.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Ceri Sullivan
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
Lyric Poetry ◽  
History Plays ◽  
The Public ◽  
Private Prayer

Fiction is good at registering how speakers approach God in ways that are specific to their time and place. Literary critics have studied the dramatic qualities in the public prayer of the early modern liturgy; religious historians have taken a lead from lyric poetry when discussing the language of private prayer. This chapter crosses these lines of research to show how private prayer at the turn of the seventeenth century is explicitly dramatic. Shakespeare scholars focus on his plays’ oaths, prophecies, and curses. Yet private prayers in the folio versions of the history plays go beyond these genres, to structure the action on stage. They are, moreover, greater in number and substance than in the quarto versions, and are original, rather than being sourced from the liturgy, Bible, or chronicles.

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