Life, Liberty, and . . .: Jefferson on Property Rights
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20 Thomas Jefferson.Pdf
d WHAT WE THINK ABOUT WHEN WE THINK ABOUT THOMAS JEFFERSON Todd Estes Thomas Jefferson is America’s most protean historical figure. His meaning is ever-changing and ever-changeable. And in the years since his death in 1826, his symbolic legacy has varied greatly. Because he was literally present at the creation of the Declaration of Independence that is forever linked with him, so many elements of subsequent American life—good and bad—have always attached to Jefferson as well. For a quarter of a century—as an undergraduate, then a graduate student, and now as a professor of early American his- tory—I have grappled with understanding Jefferson. If I have a pretty good handle on the other prominent founders and can grasp the essence of Washington, Madison, Hamilton, Adams and others (even the famously opaque Franklin), I have never been able to say the same of Jefferson. But at least I am in good company. Jefferson biographer Merrill Peterson, who spent a scholarly lifetime devoted to studying him, noted that of his contemporaries Jefferson was “the hardest to sound to the depths of being,” and conceded, famously, “It is a mortifying confession but he remains for me, finally, an impenetrable man.” This in the preface to a thousand page biography! Pe- terson’s successor as Thomas Jefferson Foundation Professor at Mr. Jefferson’s University of Virginia, Peter S. Onuf, has noted the difficulty of knowing how to think about Jefferson 21 once we sift through the reams of evidence and confesses “as I always do when pressed, that I am ‘deeply conflicted.’”1 The more I read, learn, write, and teach about Jefferson, the more puzzled and conflicted I remain, too. -
Me, Myself & Mine: the Scope of Ownership
ME, MYSELF & MINE The Scope of Ownership _________________________________ PETER MARTIN JAWORSKI _________________________________ May, 2012 Committee: Fred Miller (Chair) David Shoemaker, Steven Wall, Daniel Jacobson, Neil Englehart ii ABSTRACT This dissertation is an attempt to defend the following thesis: The scope of legitimate ownership claims is much more narrow than what Lockean liberals have traditionally thought. Firstly, it is more narrow with respect to the particular claims that are justified by Locke’s labour- mixing argument. It is more difficult to come to own things in the first place. Secondly, it is more narrow with respect to the kinds of things that are open to the ownership relation. Some things, like persons and, maybe, cultural artifacts, are not open to the ownership relation but are, rather, fit objects for the guardianship, in the case of the former, and stewardship, in the case of the latter, relationship. To own, rather than merely have a property in, some object requires the liberty to smash, sell, or let spoil the object owned. Finally, the scope of ownership claims appear to be restricted over time. We can lose our claims in virtue of a change in us, a change that makes it the case that we are no longer responsible for some past action, like the morally interesting action required for justifying ownership claims. iii ACKNOWLEDGEMENTS: Much of this work has benefited from too many people to list. However, a few warrant special mention. My committee, of course, deserves recognition. I’m grateful to Fred Miller for his many, many hours of pouring over my various manuscripts and rough drafts. -
Thomas Jefferson and the Ideology of Democratic Schooling
Thomas Jefferson and the Ideology of Democratic Schooling James Carpenter (Binghamton University) Abstract I challenge the traditional argument that Jefferson’s educational plans for Virginia were built on mod- ern democratic understandings. While containing some democratic features, especially for the founding decades, Jefferson’s concern was narrowly political, designed to ensure the survival of the new republic. The significance of this piece is to add to the more accurate portrayal of Jefferson’s impact on American institutions. Submit your own response to this article Submit online at democracyeducationjournal.org/home Read responses to this article online http://democracyeducationjournal.org/home/vol21/iss2/5 ew historical figures have undergone as much advocate of public education in the early United States” (p. 280). scrutiny in the last two decades as has Thomas Heslep (1969) has suggested that Jefferson provided “a general Jefferson. His relationship with Sally Hemings, his statement on education in republican, or democratic society” views on Native Americans, his expansionist ideology and his (p. 113), without distinguishing between the two. Others have opted suppressionF of individual liberties are just some of the areas of specifically to connect his ideas to being democratic. Williams Jefferson’s life and thinking that historians and others have reexam- (1967) argued that Jefferson’s impact on our schools is pronounced ined (Finkelman, 1995; Gordon- Reed, 1997; Kaplan, 1998). because “democracy and education are interdependent” and But his views on education have been unchallenged. While his therefore with “education being necessary to its [democracy’s] reputation as a founding father of the American republic has been success, a successful democracy must provide it” (p. -
Chapter 18 County Budgets and Fiscal Control
CHAPTER 18 COUNTY BUDGETS AND FISCAL CONTROL Last Revision September, 2010 18.01 INTRODUCTION Balancing the Budget Ohio counties and other local political subdivisions are required by state law to adopt a budget resolution annually. Along with other local governmental entities, Ohio’s counties should adopt proper financial accounting, budgeting, and taxing standards as part of the requirement to maintain their fiscal integrity. 1 The basic outline of the county budget process is set by state law. Each board of county commissioners is required to pass an annual appropriation measure based on a “tax budget” that certifies that tax revenues and other receipts and resources will be sufficient to meet planned expenditures. It should be noted that ORC Section 5705.281 allows the county budget commission to waive the tax budget, and a number of counties have implemented this authority. For those counties that have waived the tax budget, the county budget commission may require the commissioners to provide other information during the budget process. See Section 18.10 for additional information. Counties maintain a variety of funds that support their programs and services. Budgeting by fund is a distinguishing feature of the public sector. State law recognizes 1 The roles and responsibilities of county offices are discussed in Section 18.02 of this Chapter, as well as in Chapter 1, and in the respective chapters of this Handbook , which are referred to in Chapter 1. 1 that balancing a county’s operating budget for each fund is at the heart of sound fiscal management. The following passage from the Ohio Revised Code (ORC) contains this fundamental requirement of balancing each fund within a county’s budget: The total appropriations from each fund shall not exceed the total of the estimated revenue available for expenditure therefrom, as certified by the budget commission, or in case of appeal, by the board of tax appeals. -
The Causes of the American Revolution
Page 50 Chapter 12 By What Right Thomas Hobbes John Locke n their struggle for freedom, the colonists raised some age-old questions: By what right does government rule? When may men break the law? I "Obedience to government," a Tory minister told his congregation, "is every man's duty." But the Reverend Jonathan Boucher was forced to preach his sermon with loaded pistols lying across his pulpit, and he fled to England in September 1775. Thomas Jefferson wrote in the Declaration of Independence that when people are governed "under absolute Despotism, it is their right, it is their duty, to throw off such a Government." Both Boucher and Jefferson spoke to the question of whether citizens owe obedience to government. In an age when kings held near absolute power, people were told that their kings ruled by divine right. Disobedience to the king was therefore disobedience to God. During the seventeenth century, however, the English beheaded one King (King Charles I in 1649) and drove another (King James II in 1688) out of England. Philosophers quickly developed theories of government other than the divine right of kings to justify these actions. In order to understand the sources of society's authority, philosophers tried to imagine what people were like before they were restrained by government, rules, or law. This theoretical condition was called the state of nature. In his portrait of the natural state, Jonathan Boucher adopted the opinions of a well- known English philosopher, Thomas Hobbes. Hobbes believed that humankind was basically evil and that the state of nature was therefore one of perpetual war and conflict. -
Women's Emancipation Through Education: the Radical Agenda of Mary Wollstonecraft (1759-1797)
DOCUMENT RESUME ED 359 085 SO 022 348 AUTHOR Roberts, Leonard H.; Pollman, Mary Jo TITLE Women's Emancipation through Education: The Radical Agenda of Mary Wollstonecraft (1759-1797). PUB DATE [92] NOTE 43p. PUB TYPE Information Analyses (070) Reports Descriptive (141) EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Educational Change; *Educational History; Educational Opportunities; Educational Philosophy; Educational Theories; Elementary Secondary Education; *Equal Education; Females; *Feminism; Sex Bias; Sex Discrimination; *Womens Education IDENTIFIERS *Wollstonecraft (Mary) ABSTRACT Two hundred years ago, Mary Wollstonecraft, the English women's rights pioneer, published her immortal work: "A Vindication of the Rights of Woman." In it she placed much ofthe blame for women's inferior political, intellectual, and socialstatus on "faulty education." In "Vindication," she offered a number of recommendations aimed at enhancing the quality of educationfor women. These included: boys and girls schooled together and sharinga curriculum rich in experiential learning, particularly in scientific studies. She advocated physical exercise and playas well as health education specifically aimed at women's needs. These andother education proposals marked her asan important progenitor of many modern and widely accepted educational innovations. Contains20 references. (Author) *********************************************************************** Reproductions supplied by EDRS are the best thatcan be made from the original document. *********************************************************************** -
Justifying Group Intellectual Property: Applying Western Normative Principles to Justify Intangible Cultural Property
JUSTIFYING GROUP INTELLECTUAL PROPERTY: APPLYING WESTERN NORMATIVE PRINCIPLES TO JUSTIFY INTANGIBLE CULTURAL PROPERTY HARSHAVARDHAN GANESAN* I. INTRODUCTION What does Yoga,1 the German band Enigma,2 fan fiction,3 anti-fungal properties of Neem,4 Wikipedia,5 the Chain Art Project,6 and aboriginal paintings have in common? They all belong to a legal lacunae, a lacuna relating to group-rights (or collective rights) in Intellectual Property Law. Intellectual Property (‘IP’) has almost consistently, since its inception, romanticized the idea of a sole creator, or individual genius.7 This has deprived vast numbers of small, creative groups and indigenous people of IP protection, which has had varied effects on them, ranging from moral disparagement,8 to economic deprivation,9 and even cultural misappropriation.10 These events have not been ignored either at the domestic or international level however, with a steady consensus building up in favor of Cultural Property (‘CP’),11 particularly following the * Harshavardhan Ganesan is an advocate currently practicing in the Madras High Court with Senior Counsel, Mr. Satish Parasaran. 1 Stuart Schüssel, Copyright Protection Challenges and Alaska Natives' Cultural Property, 29 ALA. L. REV. 313, 315 (2012). 2 Timothy D. Taylor, A Riddle Wrapped in a Mystery: Transnational Music Sampling and Enigma's “Return to Innocence,” in MUSIC AND TECHNOCULTURE, 64, 68 (René T. A. Lysloff & Leslie C. Gay, Jr. eds., 2003). 3 Margaret Leidy, Protecting Creation: The Twilight Series, Creation Stories, and the Conversion of Intangible Cultural Property, 41 Sw. U. L. REV. 509 (2012). 4 Srividhya Ragavan, Protection of Traditional Knowledge, 2 MINN. INTELL. PROP. -
Opinion No. 298 Water Rights-State Lands-Easements Opinion No. 299
202 OPI~IOXS OF THE ATTORXEY GE~ERAL to put a check upon public officers in tana give a person the right to go on the expenditure of moneys authorized the public domain for the purpose of under the general laws, and in the col appropriating water flowing through lection and expenditure of which the the same or ha ,-ing its source therein. taxpayers have no direct vote. The diversion of such water may be In our opinion the legal voters of made by a ditch, flume, pipe or aque· the district, who are taxpaying free duct. (Section 7093 et seq., Re,ised holders therein, have the power to au Codes 1921; Smith v. Denniff, 24 Mont. thorize a le,-y to produce amounts in 20; Prentice v. McKay, supra.) excess of the maximums specified in The first appropriator on a stream or Section 5, Chapter 178, J~a ws of 193:3. >=pring is entitled, b~' drtue of his prior right, to the use and enjoyment Opinion No. 298 of the water to the full extent of his original appropriation, even when this Water Rights-State Lands-Easements includes all of the water of the stream or spring, and this right continues so HELD: A water right may be per long as he applies all of the water fected when water from springs has appropriated to some useful or hene been appropriated on state land and ficial purpose. (Mettler v. Ames Realty com-eyed across said land through a Co., 61 Mont. 152; 2 Kinney on Irri pipe line without securing a right o~ gation and Water Rights, sec. -
Critical Notice of GA Cohen's Self-Ownership, Freedom
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Missouri: MOspace “Critical Notice of G.A. Cohen’s Self-Ownership, Freedom, and Equality ”, Canadian Journal of Philosophy 28 (1998): 609-626. Peter Vallentyne SELF-OWNERSHIP FOR EGALITARIANS G.A. Cohen’s book brings together and elaborates on articles that he has written on self- ownership, on Marx’s theory of exploitation, and on the future of socialism. Although seven of the eleven chapters have been previously published (1977-1992), this is not merely a collection of articles. There is a superb introduction that gives an overview of how the chapters fit together and of their historical relation to each other. Most chapters have a new introduction and often a postscript or addendum that connect them with other chapters. And the four new chapters (on justice and market transactions, exploitation in Marx, the concept of self-ownership, and the plausibility of the thesis of self-ownership) are important contributions that round out and bring closure to many of the central issues. As always with Cohen, the writing is crystal clear, and full of compelling examples, deep insights, and powerful arguments. Cohen has long been recognized as one of the most important exponents of analytic Marxism. His innovative, rigorous, and exciting interpretations of Marx’s theories of history and of exploitation have had a major impact on Marxist scholarship. Starting in the mid-1970s he has increasingly turned his attention to normative political philosophy. As Cohen describes it, he was awakened from his “dogmatic socialist slumbers” by Nozick’s famous Wilt Chamberlain example in which people starting from a position of equality (or other favored patterned distribution) freely choose to pay to watch Wilt Chamberlain play, and the net result is inequality (or other unfavored pattern). -
On Original Appropriation
On Original Appropriation Peter Vallentyne, University of Missouri-Columbia in Malcolm Murray, ed., Liberty, Games and Contracts: Jan Narveson and the Defence of Libertarianism (Aldershot: Ashgate Press, 2007), pp. 173-78 Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes any role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso. The Lockean Proviso can be interpreted in several different ways. Nozickean right- libertarianism interprets the proviso as requiring that no one be left worse off by the appropriation than she would be if the thing remained in common use.1 Equal share left- libertarianism2 interprets the Lockean Proviso as requiring that no one be worse off than she would be if no one appropriated more than an equal share of the competitive value (i.e., based on demand and supply) of initially unowned things. Equal opportunity (for wellbeing) left- libertarianism3 interprets the Lockean Proviso as requiring (roughly) that no one be worse off than she would be if no one appropriated more than is compatible with everyone having an equally valuable opportunity for wellbeing.4 I shall not here assume any particular version of the Lockean Proviso. -
Fiscal Law Deskbook, 2014, Chapter 2
C hapter 2: Availability of Appropriations as to Purpose THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 2 AVAILABILITY OF APPROPRIATIONS AS TO PURPOSE I. REFERENCES. .......................................................................................................................1 II. CONSTITUTIONAL, STATUTORY AND OTHER BACKGROUND. .......................1 A. U.S. Constitution ................................................................................................................1 B. The Purpose Statute............................................................................................................ 2 C. The “Necessary Expense Doctrine” (a.k.a. The 3-part Purpose Test). .............................2 III. THE APPROPRIATION ACTS .........................................................................................4 A. Overview. ...........................................................................................................................4 B. Appropriations ....................................................................................................................4 C. Continuing Resolution Authorities .....................................................................................5 D. Researching Appropriation Acts.. ......................................................................................5 IV. EXPRESS STATUTORY PURPOSE: THE DEPARTMENT OF DEFENSE APPROPRIATIONS......................................................................................................................6 -
Reviving the Public Ownership, Antispeculation, and Beneficial Use Moorings of Prior Appropriation Water Law
REVIVING THE PUBLIC OWNERSHIP, ANTISPECULATION, AND BENEFICIAL USE MOORINGS OF PRIOR APPROPRIATION WATER LAW GREGORY J. HOBBS, JR.* This article addresses originating principles of Colorado prior appropriation water law and demonstrates how the Colorado Supreme Court has applied them in significant cases decided during the first decade of the twenty-first century, a sustained period of drought. These principles include public ownership of the water resource wherever it may be found within the state, allocation of available unappropriated surface water and tributary groundwater for appropriation by private and public entities in order of their adjudicated priorities, and the antispeculation and beneficial use limitations that circumscribe the amount and manner of use each water right is subject to. Demonstrating that Colorado water law is based on conservation of the public's water resource and its use by private persons, public entities, federal agencies, and Indian Tribes, the article focuses on the following points. Colorado's prior appropriation doctrine started off recognizing adjudication only of agricultural uses of water. Now it embraces environmental and recreational use, in addition to serving over five million persons, most of who live in urban and suburban areas. The viability of the water law is dependent upon faithful enforcement of water rights in order of their adjudicated priorities when there is not enough water available to serve all needs. At the same time, innovative methods have emerged to ameliorate strict prior * Member of the Colorado Supreme Court. This article was prepared for the University of Colorado Law School Symposium A Life of Contributions for All Time: Symposium in Honor of David H.