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Abstract: Economic activity is today to a great extent, totally or partially, developed in the electronic realm. Commercial transactions are more and more frequently concluded within electronic markets and other trading platforms, supplementing or even entirely replacing traditional negotiating channels and marketplaces. Likewise, non-commercial activities and professional and social interaction increasingly take place in digital spaces from P2P systems to social networks. These closed, network-based and community-building platforms compete with each other for gaining and retaining users, clients or participants. With such a purpose, electronic markets and platforms may be tempted to impose exclusivity obligations to ensure a minimum efficient scale or adopt leveraging and exploitative practices. At the same time, for certain disclosed reasons or merely on an arbitrary basis, platforms' managers may refuse to accept the application of a user or the offer of a business entity willing to join the network and become a member. As a premise, it can be argued that the electronic market is so exercising the right to run business activities, decide whom to deal with, and on which commercial conditions, under the free enterprise principle. Notwithstanding, such a refusal to deal can entail an abusive exercise of right ignoring constitutional principles and involve in practice an anticompetitive exclusionary behaviour resulting in market foreclosure or an effective social marginalization of the user, especially in the case of excessive concentration, market dominance or even essential facilities. Therefore, private autonomy in dealing with decisions, specifically in refusing admission, has to be carefully examined under public policy principles, considering, in particular, the specific features of the 'electronic markets' market' and the rules of the digital economy.

The transition from a family economy in which incomes were democratically secured through the best efforts of all family members to one in which men supported dependent wives and children appears as a watershed in many otherwise very different histories of the family. It looms large in both orthodox economic analyses of historical trends in female participation rates and feminist depictions of a symbiotic structural relationship between inherited patriarchal relationships and nascent industrial capitalism. Both camps agree, as Creighton has recently put it, about "the out-lines of [the] development" of the male breadwinner family. Where they disagree is in "the factors responsible for its origins and expansion". Why did families move away from an asserted "golden age" of egalitarian sourcing of incomes, which involved husbands, wives and children, to dependence on a male breadwinner who aspired to a family wage? Neo-classical economic historians emphasize the supply conditions, concentrating on income effects from men's earnings, family structure variables and alternatives to women's employment in terms of productive activities in the home. In contrast, dual systems theorists emphasize demand conditions in terms of institutional constraints on women's and children's employment exemplified by the exclusionary strategies of chauvinist trade unions, labour legislation which limited the opportunities of women and children, and the legitimation of men's wage demands by references to their need for a family wage. Our view is that systematic empirical investigation of the male breadwinner family has been lacking, even the timescale of its appearance and development remains obscure. Unless we fill in the outlines with more empirical detail we will never discover the reasons for its origins and expansion.

In using the example of informed consent guidelines for international research on human subjects, this book demonstrates one of the many useful ways that philosophy can be used to move from theory to praxis by providing a general picture of how a philosophical analysis of underlying concepts can affect the way that public policy is framed; the ways that such policies are exclusionary; and a general methodology for remedying injustices in public policy and practice once they have been identified.With diseases, such as AIDS, reaching epidemic proportions in less developed countries, medical research on human subjects in these areas is on the rise. Current international guidelines for research on human subjects stress the importance of informed consent, which is meant to ensure that people freely choose whether to participate in research trials. In an effort to be more globally applicable, many current international ethical guidelines for informed consent in research on human subjects attempt to incorporate community in the informed consent process. This book explains how these attempts encounter two primary problems: (1) they fail to adequately acknowledge the importance community has for many people in less developed countries; and (2) they fail to attend to the constraints to autonomy that oftentimes become magnified once community is involved in the informed consent process. The reason for these shortcomings can be traced to the current account of autonomy reflected in international informed consent guidelines, which is here referred to as the traditional account of autonomy. Although traditional autonomy can account for what this book defines as external constraints to autonomy, it is unequipped to recognize the internal constraints which arise in the medical context. In order to adequately recognize the importance of community in autonomy and

Technologically-facilitated violence (TFV) can take many shapes and forms, In this thought piece, we reflect on TFV from structural and intersectional perspectives, examining how these might change our understanding of TFV, with particular attention to gender-based TFV. We are motivated to engage in this reflection for two main reasons. First, traditional understandings of violence, including gender-based violence, tend to prioritise physical acts (whether in word or in application), contributing to a trivialisation of the kinds of harms effected through digitised communications networks (Dunn, 2021). Second, if TFV is understood primarily in terms of individual interpersonal acts, our ability to understand how intersecting oppressions such as sexism, racism, homophobia, transphobia, colonialism affect the likelihood of being targeted and the experience of violence will be compromised. As Black feminist and critical race scholars such as Crenshaw (1991), Hill Collins (2017), and Jiwani, Berman and Cameron (2010) have ably demonstrated, individualistic single axis accounts of violence outside of technologised contexts have resulted in exclusionary and dangerous outcomes that selectively harm members of equality-seeking communities. The result of these individualised understandings of violence is that structural oppressions are 'erased, trivialised, or contained within categories that evacuate the violation of [structural] violence' (Jiwani, 2006, xi–xii). Among other effects, such erasure risks rendering invisible opportunities to intervene with respect to violence not carried out by individuals, often resulting in 'remedies' that emphasise interventions by the state against individual actors (for example, through criminal law), powers that already disproportionately target members of equality-seeking communities, and misses the potential need to intervene on capitalistic corporate systems and behaviours. In both cases, the prospect of achieving justice recedes.

The phenomenon of protectionism in land policy has survived in the globalised age for various reasons. This case study on the destruction of racially discriminatory zoning in laissez-faire Colonial Hong Kong shows what could happen when protectionist measures are removed by the government. Approaching the reality of discrimination from Cheung's (1974) economic theory of price controls, this paper argues, on the basis of the records of official speeches and writings and a small sample of post-war assignments for housing lots, that the pre-World War II segregation law was motivated more by economic protectionism in favour of Europeans rather than by any social stigma against non-Europeans or genuine environmental externalities generated by Chinese housing. The paper approaches the same phenomenon from a new perspective and with a better method. It was revealed that natural or contractual, as opposed to legal, agglomeration could happen even under written discriminatory laws that allowed a degree of inclusion for the ethnic group that suffered discrimination. This revelation was based on an examination of the ethnicity of the original owners and subsequent purchasers of all identifiable 627 housing lots on the Peak in Hong Kong for 115 years from 1876 to 1990, as found in the 421 relevant Crown Leases and 1255 assignments. These housing lots fell into 23 street neighbourhoods and could be classified by altitude. The key findings lend support to the arguments that even if the post-war colonial literature evaded or even distorted the subject, there was no true racial animosity between European and Chinese citizens because the exclusionary laws were driven by economic protectionist motives and the repeal of the laws was socially and economically beneficial for both Chinese and Europeans. © 2011 Elsevier Ltd. ; postprint

El concepto de cohesión social, emparentado con la definición sociológica de integración social, señala problemas de relación entre Estado y Sociedad cuya síntesis conduce a la respuesta de una sola interrogante: ¿Son viables nuestras sociedades? Examinando la situación de Centroamérica, la combinación compleja de modernización política con estancamiento social, lo que puede advertirse es una problemática teórica y a la vez política: determinada interacción de capacidades produce integración social, pero ésta no deja de ser excluyente. Dado que hay avances políticos, normativos, institucionales y de cultura democrática, respecto de los oscuros momentos de la lucha armada y el autoritarismo político, no se puede desconocer la existencia de niveles de integración o cohesión social que en ese sentido son precarios en sus efectos. Por esa razón, la situación de Centroamérica puede bien calificarse paradójicamente como nuestra excluyeme cohesión social. ; The concept of social cohesion, related to the sociological definition of social integration, indicates problems of relation between State and Society whose synthesis drives to the response of only one question: are our societies viable? Examining the situation of Central America, the complex combination of political modernization with social stagnation, is both a theoretical and political dilemma: certain interaction of capacities produces social integration, but this one does not stop being exclusionary. Since there are political, normative and institutional advances in the democratic culture, with regard to the dark moments of the armed struggle and the political authoritarianism, is more than evident the existence of integration or social cohesion that are precarious in his objective effects on the peoples quality of life. For this reason, the situation of Central America can be paradoxically defined as the social cohesion of the excluded.

The Israeli democratic system is facing a serious crisis. After five rounds of parliamentary elections within three and a half years, Benjamin Netanyahu was able to forge a relatively strong coalition in late 2022. The political instability, however, did not end and instead morphed into widespread protests against the new cabinet seeking to pass a judicial reform. The meltdown is accompanied by incessant populist rhetoric stemming from Israeli right-wing parties which formed the coalition. Populism is inherent in a great number of countries around the globe. Israel is no exception in this regard. The phenomenon has been gradually taking a central place in its political arena since the 1970s. Currently, most major Israeli parties have certain populist elements in their rhetoric. This is in many ways a consequence of the heterogeneity of Israeli society and a plethora of its intersectoral contradictions. They have constituted an integral part of the state from its inception only to grow deeper. The unresolved Israeli-Palestinian conflict is an additional contributing factor. Right-wing populist parties possess a lot of traits that resemble similar movements in other countries, but at the same time are defined by their own specific features. In particular, they often combine inclusionary and exclusionary populism. By "us" these movements imply mainly the Jews and counterpose themselves to the Arab population in the country, as well as non-Jewish migrants. They also prioritize the Jewish character of the state over the democratic one, though without denying the importance of democratic structures. Concurrently, right-wing populist actors envisage their implementation in a different way. Even if they are not the reason for the parliamentary crisis in Israel, they still exacerbate it instigating further escalation in already considerable intersectoral tensions and narrowing opportunities for dialogue with other political actors.

Facing the complexity of a curatorial approach that does not reduce its subject to a univocal definition, and addressing curating as an ambivalent practice crossed by institutional meanings and power asymmetries, this doctoral research pushes a critical and challenging analysis about the art world's inherent discriminant, exclusionary and oppressive biases. In the attempt of demodernising curating while identifying the reasons for its hierarchical, racist, sexist, elitist and perpetuated structure, questions are raised about the ethical and social responsibility curators have. The notion of performativity, in its distinction from performance art and when applied to the curatorial as a strategy and methodology, allows curators to understand identities accordingly to specific realities and plural meanings, and to connect with their self-transformative potential. The aim is to raise awareness and create consciousness about the social and interrelational nature of the self, and to conjure and evoke its creation outside the repetition of controlling cultural norms, and through co-creation between all agencies involved. In the current crisis of humanity, a process of self-emancipation is demanded to art curators to interrogate and shape their agency from the community perspective, and to take on a soul work, which accounts the curatorial dilemma and repositions the human cause by activating performative processes of becoming. It is urgent to embody the research itself, and to witness and summon renewed modes of being. Based on the analysis of both the curatorial genealogy, in terms of identity politics, the myth of culture and institutional critique, and of a selection of radical curatorial experiences that have pushed the curatorial boundaries and challenged the myth of the art autonomy as for its objects and subjects, four axes have been identified to navigate this praxis cartography that builds up letter after letter: Letter I Becoming Research; Letter II Curating Language Matters; Letter III Performing Ethical ...

This is the first installment of a two-part commentary on the New Brandeis School (the "New Brandeisians") in Antitrust. In this first part, I examine why the New Brandeisians are correct to reject the consumer welfare standard. Instead of arguing, as the New Brandeisians do, that the consumer welfare standard leads to unacceptable outcomes, I argue that the consumer or total welfare standard was theoretically flawed and unrigorous from the start. My basic argument is that antitrust law addresses the impact of business strategies in markets where there are winners and losers. For example, in the classical exclusionary monopolist case, the monopolist's conduct is enjoined to increase competition in the affected market or markets. As a result of the intervention, consumers benefit, but the monopolist is worse off. One hundred years of analysis by the welfare economists themselves shows that in such situations "welfare" or "consumer welfare" cannot be used as a reliable guide to assess the results of antitrust policy. Pareto Optimality does not apply in these situations because there are losers. Absent an ability to divine "cardinal utility" from observations of market behavior, other approaches such as consumer surplus, and compensating and equivalent variation cannot be coherently extended from the individual level to markets. The Kaldor-Hicks compensation principle that is in standard use in law and economics was created to address problems of interpersonal comparisons of utility and the existence of winners and losers. However, the Kaldor-Hicks compensation principle is also inconsistent. Additional problems with the concept of welfare raised by philosophers, psychologists, and experimental economists are also considered. In light of this literature, the New Brandeisians are correct to reject Judge Bork's original argument for adoption of the consumer welfare standard, but for deeper reasons than they have expressed thus far.

One of the most important issues faced by the European civilization is immigrants. These immigrants are not considered to be European, can be marginalized due to national-ethnic-religious reasons, and defined in the invisible European 'other'. This attitude is not rational at all for the European civilization and it is on the agenda of many European countries on the verge of the 21st Century. With political decisions taken and practices put into effect, the existing distinction is being clarified and efforts are exerted to make the increasing contrast extant. It has become quite a common situation for many European countries that individuals, especially politicians, coming to the agenda with clearly Eurocentric rhetorics, increase their popularity and serve to exclusionary rhetorics along with such popularity. The social category which is the basic object of such an action again becomes the emigrating citizens of Muslim countries which were included in the colonization movements a few centuries before as well as the people of Muslim countries who were invited to European countries by the latter due to the labour needs. In addition to passing of at least 70 years since they were recruited as labour force, the third and fourth generation Muslims have preferred to remain as citizens in several European countries. It should be emphasized that social and political issues started at this point. It is a pleasing and rational development for harmony and coexistence that those people who were once regarded as religious minorities or Muslim minorities are beginning to have a voice. Yet, it needs emphasizing that this situation is unacceptable in most cases, national policies complicate harmonization rather than facilitating, and a considerable part of the European countries subject them to otherisation due to their different ethnic and religious identity, and most importantly they are not accepted in European countries.

Persons with more than one nationality ("multiple nationals") who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships. The 1951 U.N. Convention Relating to the Status of Refugees, however, expressly makes them ineligible for refugee status unless they have a well-founded fear of being persecuted in all their countries of nationality. The U.S. Refugee Act omits this exclusionary language but nonetheless has been read by immigration agencies as if it incorporated the Convention's approach. This Article challenges the view that multiple nationals should not be considered refugees. It argues that asylum should be denied only when it would be reasonable, under all the circumstances, to expect the person to resettle in a second country of nationality after taking into account factors such as family ties, social and cultural constraints, and any hardships the person would face. The Refugee Act's text and historical context establish that Congress intended to allow multiple nationals to qualify as refugees if they face persecution in any one of their countries of nationality. Drawing on archival research as well as a close examination of legislative and administrative history, this Article shows that the Refugee Act's drafters meant to preserve a long standing U.S. policy of accepting refugees with more than one nationality as long as they had not "firmly resettled" in another country of nationality before coming to the United States--a policy especially salient to the Act's proponents because it allowed for the continued admission of Soviet Jews as refugees even though Israel welcomed them as citizens. This Article also argues that other refugee-receiving countries should reconsider their stance toward multiple national asylum-seekers. The Convention's approach to multiple nationality has become increasingly anomalous in light of the wide international acceptance of the principle ...

This thesis argues that 'ethnicity' can be seen as the interplay between culture and politics in a specific social context. It compares the ethnic identity and organization of two migrant groups, Eritreans and Egyptians, in Milan and their contrasting relationship with the 'host society'. It also assesses the theoretical significance of 'cultural strategy', 'social closure' and the 'social construction of race', evaluating their significance for the concept of 'ethnicity'. The main method adopted is that of qualitative participant research. After a description of the social and cultural background of emigration and of the context of arrival, the thesis analyzes the main differences between the two groups in terms of patterns of employment, legal situation and housing. While these differences may partly be explained by the two groups' different demographic structures, social networks and ethnic identity, the crucial difference is in their different patterns of leadership, organization and political contacts with the 'host society'. The Eritreans have a high attendance at their 'ethnic institutions' because their leaders have been able to draw support from and to establish contacts with, sections of the 'host society' in order to find employment, to obtain sojourn permits and to gain access to public housing. By contrast, the Egyptians have a low attendance at the religious institution that they share with other Muslims, not only for ideological reasons, but also because of the institution's relative lack of resources. Instead, intermarriage is one of the main avenues of social advancement. The thesis concludes that 'ethnicity' can be seen as a 'usurpatory cultural strategy' in relation to the racist ideologies and 'exclusionary' practices of the 'host society'. For the Eritreans it involves the stressing of cultural distinctiveness and social enhancement at a group level. For the Egyptians it involves concealment of cultural difference and social enhancement pursued at an individual level.

What are the implications of donor agencies pursuing contradictory approaches in the same locale? The question is interesting for two reasons. The first is that, while critical case studies of individual interventions are common, "donor collision" is not widely reported. The phenomenon poses an alternative explanation for the failure of donor interventions that challenges universalist assertions by both modernists and post-developmentalists. The second reason is that the future of Overseas Development Assistance (ODA) and the interventions of a Global North-dominated donor infrastructure in the Global South are once more topical. Recent contributions have debated the implications of current trends for ODA and its associated policies and practices, collectively defined by Gillian Hart as "big D" (Hart, 2001). Such trends include rising middle classes in the Global South and economic convergence with the North, a "universal" set of Sustainable Development Goals and the now looming challenge of a changing climate.The global problem of contested rights in "agrarian environments" is of particular relevance to these debates. The need to protect the "lungs of the earth" was assuming a higher profile due to the rising urgency of changing climate before the Covid-19 pandemic. With future pandemic risk associated with land use change in biodiversity hotspots, a global focus on conservation and biodiversity is likely to sharpen. The question of how to reconcile conservation outcomes with the land rights of forest dwelling populations is, therefore, of general and increasingly urgent importance.The study is set in an agrarian environment in Bangladesh, where for twenty years different donor agencies have pursued contradictory approaches to this general and urgent question. On the one hand, USAID has supported Forest Department interventions, which are broadly exclusionary and are predicated on the negation of the local Indigenous Peoples' land rights. On the other, various agencies have supported such rights, explicitly challenging Forest Department authority over the area. Through analysing why and how donors collide in this instance, the study sets out a number implications for general development theory and practice. The three most important are that, first, more work is required on inter-donor conflict as a cause of development failure. Second, the future of big D will continue to be dominated by very old questions of politics, participation and institutions. Finally, blanket endorsement of "national partnership," particularly in more authoritarian contexts, is likely to result in significant human and environmental costs.

While it has repeatedly been observed that pastoralist resource governance systems tend not to conform to the assumptions and principles of mainstream scholarship on property rights and governance of commons, coherent theoretical reasons why this is the case are less common. One exception is the concept of open property regimes. This view holds that the quintessential features of dryland pastoralist systems—limited and highly variable rainfall, low resource density, mobility, and institutions and norms that emphasize flexibility and access—can result in pastoralist herders dynamically distributing and redistributing themselves across a territory without the assumed benefit of clear boundaries or of collective decision-making and rules. However, the open property regimes explanation describes some pastoralist systems better than others. This paper argues that some pastoralist systems are neither conventional commons nor open property regimes. Instead they tend reflect another model, referred to here as a complex mosaic regime, in which there is gradation of strength and clarity of exclusionary property rights over different resources, in which property rights are often unbundled and allocated to different actors and governance mechanisms, and in which a prominent role is played by social processes and governance mechanisms other than property rights institutions. Social and biophysical characteristics that may be more conducive to complex mosaic regimes than to open property systems, particularly if all of those characteristics are found together, include a severe and chronic shortage of one or more critical resources, spatial heterogeneity of resources, scalar heterogeneity of interests, and a herd mobility pattern that involves occasional convergence on highly valued key resource areas. In elaborating the complex mosaic regime model, this paper addresses a blind spot in scholarship on property rights and commons, deepening the understanding of why pastoralist systems tend not to conform to mainstream theory, as well as helping to explain some of the differences among pastoralist systems. Understanding the internal logic of alternative resource governance regime models and the social-ecological conditions that make one model more viable than another can help to guide national policies and the strategies of conservation and development actors.

Recent works illustrate the significance of understanding the nuances of the Ku Klux Klan of the 1920s in the context of demographic and geographic differences. Using archival documents, newspaper records, and published works, this analysis dissects the differences in the Klan's ideology manifested within Utah, Idaho, and Oregon. Categorizing the Klan as a violent, extremist group with great political influence does not accurately describe any one of the Klans in these three states. While the Klan in Oregon and Idaho demonstrated varying levels of political power throughout their respective states, Utah's unique mostly homogenous religious, and therefore political, environment rendered the state relatively immune to Klan political influence. Utah, however, was no more immune to anti-Catholic sentiments than the other two, revealing an underlying theme throughout the three states. Utah's Mormon dominated culture is the reason behind its differences in Klan activity; Idaho and Oregon differ primarily in the strength with which their respective Klan's demonstrated. While similar in ideological emphasis and political infiltration, Oregon's Klan was much larger and more powerful politically than Idaho's. Understanding each state's Klan individually is foundational in adequately comparing the three states' experience in Klanism. It is equally important to note that anti-Catholicism as a part of the national Klan's platform presented itself in each of the three states. The differences in which these discriminatory sentiments surfaced in each of the states, burning crosses and parading in Utah and Idaho and codifying anti-Catholicism through exclusionary school legislation in Oregon, illustrates the understanding lost when making blanket statements about the 1920s Klan. Providing a state-wide comparison of the Klan in three western states reveals the differing significant characteristics evident in each state. The second wave Klan, while consistent in its anti-Catholic sentiments across Utah, Idaho, and Oregon, is incompletely characterized as a stratified, cohesive organization. The differences between the states reflect the importance of analyzing the Klan on a local level in order to understand the nuances of the Klan by geographic location, revealing a more rich and detailed understanding of the mechanisms and motivations of the Klan.