scholarly journals Effects of commonality in transaction contracts and their provisions – Comparative Jurisprudence Study –: آثار الشيوع في عقود المعاملات وأحكامها – دراسة فقهية مقارنة –

2021 ◽  
Vol 4 (2) ◽  
pp. 63-35
Author(s):  
Shamsul Alam Mohammed Fayaz Al-Ghazi Shamsul Alam Mohammed Fayaz Al-Ghazi
Keyword(s):  
Common Property ◽  
Public Domain ◽  
The Public ◽  
The Third ◽  
The Commons ◽  
The Common

This research deals with the rule of benefiting from the common share and its effects on transaction contracts; this research has been presented in five sections. In the first, I explained the commons and its causes with mentioning their types. In the second, I knew the effects of commonality in companies and demonstrated the dispute of jurists regarding the requirement of communality in the profit of the company. The third came indicating the effects of common property in mortgage, including the doctrine of the jurists in that and their evidence and what was mentioned in the discussions, indicating the most correct saying of the scholars. On the fourth, I explained the provisions of common lease between two partners. The fifth section included the doctrines of jurists in the endowment of one of the partners share of the public domain, explaining the evidence of jurists in that and what was mentioned in the discussions and indicated the most correct in it; then it was concluded with a conclusion that included the most important results and recommendations.

Vickers Hot Springs

2017 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Jennifer M. Bernstein
Keyword(s):  
Common Good ◽  
Common Property ◽  
Hot Springs ◽  
Public Access ◽  
Common Property Resource ◽  
Resource Conflict ◽  
Social Ecological ◽  
The Commons ◽  
Local Residents ◽  
The Common

Vickers Hot Springs is located near the rural Southern California town of Ojai, and local residents have long enjoyed soaking in the sulfuric pools. But as knowledge of the springs spread, the area saw increases in fights, traffic, burglaries, and drug use. In response, two residents purchased the land and committed to restore the property while allowing limited public access, subsequently generating a great deal of controversy within the community. Privatizing Vickers Hot Springs follows the archetypical lesson of Garrett Hardin's 1968 essay, “The Tragedy of the Commons.” Hardin stated that the problem for common-pool resources was that a finite amount of services are demanded by a potentially infinite number of users, who have little to gain by sacrificing for the common good. But Hardin's theory does not always apply. Many communities have come together to manage resources, often without government oversight. Thus, the question is not whether or not Hardin's theory is accurate, but rather “under what conditions it is correct and when it makes the wrong predictions.” Case studies provide nuance to the broad brushstrokes of a theory, and whether Hardin's parable is applicable depends on the particularities of the common property resource conflict. Employing the frameworks established by Hardin, Dietz et al., and Ostrom, this paper examines the management of Vickers Hot Springs within its broader social, ecological, and political context, asking whether the particular circumstances of this resource use conflict made privatization the most predictable outcome.

scholarly journals The influence of common property rights on forest management policy: a case study in Sardinia region, Italy

2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti
Keyword(s):  
Forest Management ◽  
Property Rights ◽  
Common Property ◽  
Private Property ◽  
Local Development ◽  
Management Policy ◽  
Private Forests ◽  
The Public ◽  
The Common

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.

scholarly journals Rethinking Hijab in Contemporary Indonesia: A Study of Hijab Community “Tuneeca Lover Community”

2019 ◽  
Vol 4 (2) ◽  
pp. 214-221
Author(s):  
Wardah Nuroniyah
Keyword(s):  
Social Class ◽  
Qualitative Method ◽  
Public Domain ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
The Common ◽  
The Veil ◽  
The One ◽  
Common Perception

Hijab (veil) for female Muslims has been subject to a debate regarding its meanings. On the one hand, it represents the virtue of religious obedience and piety. Still, on the other hand, it is associated with the form of women oppressions in the public domain. At this point, the hijab has been an arena of contesting interpretations. Meanwhile, contemporary Indonesia is witnessing the increase in the use of veil among urban female Muslims that leads to the birth of various hijab wearer communities. One of them is Tuneeca Lover Community (TLC). This community has become a new sphere where female Muslims articulate their ideas about Islam through various activities such as religious gathering, hijab tutorial class, fashion show, and charity activities. This study seeks to answer several questions: Why do these women decide to wear a hijab? Why do they join the TLC? How do they perceive the veil? Is it related to religious doctrines or other factors such as lifestyle? This research employs a qualitative method using documentation and interview to gather the data among 150 members of the TLC.  This research shows that their understanding of the hijab results from the common perception that places the veil as a religious obligation. Nevertheless, each of the members has one's orientation over the hijab. This paper also suggests that they try to transform this understanding into modern settings. As a consequence, they are not only committed to the traditionally spiritual meaning of the hijab but are also nuanced with modern ideas such as lifestyle and particular social class. Their participation in the TLC enables them to reach both goals simultaneously.

Military Stock Footage

2016 ◽  
Author(s):  
Steffen Hantke
Keyword(s):  
Cold War ◽  
Science Fiction ◽  
Public Domain ◽  
The Public ◽  
Standard Device ◽  
The Common ◽  
Science Fiction Films ◽  
The Military

This chapter focuses on the recruitment of the audience into the “military metaphysics” that C. Wright Mills decries as a symptom of America's Cold War mentality. More specifically, it reads attempts at recruitment made by science fiction films of the period through the use of military stock footage. Pilfering the public domain for footage to be inserted into one's own film was a standard device of inexpensive filmmaking that found one of its most extreme expressions in Alfred E. Green's Invasion U.S.A. (1952). Generally dismissed as a hack job and mercilessly lampooned by Mystery Science Theater 3000, Invasion U.S.A. is a prime example of a politically engaged film using one of the common stylistic devices of 1950s low-budget filmmaking.

Copyright and the Commons

2017 ◽  
pp. 106-126
Author(s):  
Erika Balsom
Keyword(s):  
Visual Culture ◽  
Public Domain ◽  
Fair Use ◽  
Moving Image ◽  
The Public ◽  
The Commons ◽  
Digital Reproduction ◽  
Cultural Commons ◽  
Made In ◽  
Do So

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse copyrighted materials, but fail to interrogate the particular circumstances that it make possible for them to do so without retribution, while simultaneously avoiding an engagement with the significant encroachments on fair use and the public domain that have been implemented as part of new copyright legislation that seeks to control the unruliness of digital reproduction. As a counterpoint to such positions, this chapter examines Ben White and Eileen Simpson’s Struggle in Jerash (2009), a work made by repurposing a public domain film of the same title made in 1957 in Jordan. Simpson and White contest the increasing privatization of visual culture, insisting on the wealth of the cultural commons precisely as it is under threat.

Unnatural conversations in unnatural conversations: speech reporting in the discourse of spiritual mediumship

2009 ◽  
Vol 18 (4) ◽  
pp. 347-356 ◽  
Author(s):  
Katie Wales
Keyword(s):  
Public Domain ◽  
Practical Reasons ◽  
Contemporary Society ◽  
The Public ◽  
Speech Representation ◽  
The Common ◽  
Speech Presentation ◽  
Blended Spaces

Despite the popular attraction of spiritualism in contemporary society, the discourse of spiritual mediumship has attracted little attention from linguists or stylisticians. One of the practical reasons for this is probably the lack of material in the public domain. On the basis of a recording of a whole session between a professional medium and her client, this article looks at the reporting strategies used by the medium to convey alleged messages from those who have Passed Over: messages which are central to the claims of spiritualism and hence to the authority of the medium. It will be argued that the common accepted formalist terminology of speech representation is inadequate, failing to do justice to the blended spaces of this world and that Beyond and to the medium’s role as ‘intermediary’. Four types are illustrated (interpreted, relayed, dictated and unmediated speech). The methodology proposed might offer a useful approach to the complexities of speech presentation even in This World.

The Public Domain: Enclosing the Commons of the Mind

2011 ◽  
Vol 31 (4) ◽  
pp. 414-416
Author(s):  
Robert A. Mittelstaedt
Keyword(s):  
Public Domain ◽  
The Public ◽  
The Commons ◽  
The Mind
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