2,379 research outputs found
Norm Typology and the Study of Commons
No full text33 slides. Abstract available at: https://2025.iasc-commons.org/abstract_author/author-189/ .Ostrom’s institutional grammar provides an analytical framework for identifying different rule-types used in the governance of commons, in other words, it provides a typology of rules for how commons can be regulated. Outside of Ostrom’s institutional grammar, norm typology is also found in particular in legal theory, most famously in Hohfeld’s oft-cited (though less often applied) study of jural relations (1919), while a more recent example is Frändberg’s study of the foundations of legal order (2018). By identifying the formal characteristics of rules in general and of different rule types, such analysis provides standards for the appraisal of particular substantive rules. In particular, Ostrom’s institutional grammar provides an overall framework for apprehending the range of possible rule types in the regulation of commons, as well as design principles derived from empirical studies allowing optimal approaches to commons governance. Ostrom made some reference to Hohfeld’s work, but did not use it extensively or compare her rule types to Hohfeld’s jural relations, while Ostrom’s work has been little cited in legal scholarship. Within literature inspired by Ostrom’s institutional grammar, some authors have suggested adjusting aspects of Östrom’s typology (such as Siddiki et al 2011), while others have not relied on Ostrom’ rule types, instead adopting a considerably more detailed typology of rules (de Moor et al 2016). This paper considers Ostrom’s institutional grammar in light of legal norm typology to assess to what extent the latter might be a basis for critiquing or supplementing Ostrom’s approach
Evaluating Proposals for Taxation of Space Activities from the Perspective of Space as a Global Commons
No full text13 slides. Abstract available at: https://2025.iasc-commons.org/abstract_author/author-397/ .The term ‘commons’ has become widely used in recent years to convey shared or cooperative ownership or governance of natural resources, including more open access and global natural resources such as outer space. Governance of commons has a financial dimension to it, including the financing of governance institutions and processes, while also possibly entailing a system of taxation, e.g. applied to the income derived from the exploitation of natural resources. This paper first places taxation in the context of space as commons, i.e. in the context of the range and types of regulation of activities in space that currently exist, especially at international level. It assesses the issue of regulation of space in light of Ostrom’s institutional grammar and subsequent literature on regulating commons. In light of this discussion, it then surveys and evaluates several existing proposals for global taxes relating to space or proposals that are closely analogous to taxation of space activities, in particular: Brock & McMaster on global aviation taxes (2018), Savir’s proposal regarding space-related royalties (2021), and Caljuri on the OECD Model Convention relating to double taxation (2023). The paper concludes by considering the implications for taxation of understanding space within the framework of governance of a commons
Interview with Philip Gerard
No full textInterview with Philip Gerard, author and professor of creative writing at UNCW. Here, he discusses his background and education, the founding and structure of UNCW's MFA in Creative Writing program, and the concerns of memoir and creative nonfiction
Philip Gerard, 25th Annual ODU Literary Festival
No full textPhilip Gerard has published fiction and nonfiction in numerous magazines, including New England Review, Bread Loaf Quarterly, Creative Nonfiction, Hawaii Review, Hayden\u27s Ferry Review, and The World & I. He is the author of three novels: Hatteras Light, Cape Fear Rising, Desert Kill; two books of nonfiction, Brilliant Passage...a schooning memoir and Creative Nonfiction - Researching and Crafting Stories of Real Life, and Writing a Book that Makes a Difference. His most recent book is Secret Soldiers, about the first and last battlefield deception outfit ever authorized by the U.S. Army. Gerard has written shows for public television and radio. He teaches creative writing at the University of North Carolina at Wilmington
Recommended from our members
The limits of legal reasoning and the European Court of Justice /
No full textThe European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ
The Evolution of UK-EU Relations since Brexit
No full text18 slides.The Trade and Cooperation Agreement (TCA) between the EU and UK covers a very broad range of areas of cooperation, from the core integration issue of trade to criminal justice, while still leaving numerous matters open for further agreement and negotiation. Since the TCA was adopted in late 2019, the major subsequent agreement has been the Windsor Framework, primarily concerned with further reconciling the exceptional situation of Northern Ireland as being in principle within both the EU and UK internal markets. Amongst the issues publicly identified as having potential for greater agreement between both sides is mutual recognition in trade in goods, a framework for which could not be agreed in the TCA. This has been amongst the most noticeable practical effects of Brexit, at least for traders if not for the general public, as it has required an extensive phased new set of trading arrangements, as well as the pragmatic negotiation of a rolling over of CE recognition. This paper evaluates the longer-term significance of the Windsor Framework as an adjustment to the TCA as well as the matters which could be considered to be obviously outstanding or with an evident potential for further negotiation and agreement in the right political circumstances, including mutual recognition. It seeks to put the development of ongoing cooperation under the TCA in the political context of the future EU-UK political relationship and whether the UK is likely to prefer either a close and cooperative alignment with the EU or a more self-assertive path of differentiation
The investigation and prosecution of financial crime: a comparative perspective on institutional roles and responsibilities
No full text19 slides
The limits of legal reasoning and the European Court of Justice /
No full text"The European Court of Justice (EJC) is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ"--Provided by publisher."This book seeks to offer a critical perspective on the legal reasoning of the European Court of Justice (ECJ). In particular, it focuses on the question of the limits of legal reasoning: how far creativity and freedom from constraint can go in the task of legal reasoning by the EU judiciary. This question has two aspects to it: the epistemic or descriptive possibility of conserving versus creative interpretation and the normative desirability of conserving versus creative interpretation. The argument of the book is that interpretation by the judiciary linked to the understanding or interpretation of the law-maker is both epistemically possible and normatively desirable. This conserving (or orginalist or historical) approach to interpretation coheres much better with the rule of law and democracy, the twin pillars of accepted political morality in Europe, than the relatively creative, teleological approach to interpretation that is widely recognised to be the hallmark of the ECJ"--Provided by publisher
- …
