A Property of Peculiar Value: Land,Religion and the Constitution

In 1792, James Madison wrote that a man's ‘property of peculiar value [is] in his religious opinions, and in the profession and practice dictated by them’.1 1. James Madison in the National Gazette (27 March 1792). Quoted in Hall (1998 Hall T 1998 Separating church and state: Roger Williams and religious liberty Champaign, IL University of Illinois Press  , 135). View all notes In view of the ensuing 200 years, the phrase is telling in ways Madison would not have anticipated. For it is in relation to land and private property that the constitutional concept of religion—a concept designed in significant part by Madison himself—arose and is now in decline. This article traces the origins, development and decline of religion as a constitutional concept in relation to land and private property. The experience of Native Americans is a particularly important illustration of this history, because it is in response to them that the constitutional relations of land and religion have been debated in most detail. I begin therefore with the unsuccessful efforts of Native Americans in 1988 to claim Free Exercise protection for lands they regard as sacred. The second section briefly explores the joint origins of private land ownership and the modern Western concept of religion, which in turn impacted the European treatment of the land and religions of conquered and colonised peoples. Moving into the American constitutional period, the third section sketches the inter-related notions of land and religion that appeared in key framers, which again had profound implications for indigenous peoples. Arriving at the present day, the fourth section outlines the deterioration of the constitutional concept of religion, along with the democratic public sphere itself, in the age of privatisation. The final section, using the Faith-Based Initiatives movement as an illustration, argues that new and supposedly public roles for religion actually advance and protect privatisation. In conclusion, I will review and assess very briefly the prospects for religion as a constitutional construct.     

Land, Culture and Justice: A Framework for Group Rights and Recognition

Meet the Sorbs. They are a Slavic people in Germany who number around sixty thousand. They are not mistreated or oppressed by the German government. They live in two German states, but they are interspersed with other Germans. Do the Sorbs deserve special, group rights to help maintain their culture? The recent arguments of many theorists suggest that they do. Iris Marion Young has recently argued that all marginalized groups should have group rights. Avishai Margalit and Moshe Halbertal maintain that all cultural groups have certain rights. Will Kymlicka suggests that all ‘societal cultures’ have group rights, which might include the Sorbs.     

Empire,Eschatology and Stolen Land

Abstract : In this article I propose that empire be countered by a revised understanding of eschatology. I first explore the idea of an eschatology of space, wherein the notion of eschatos as limit is advanced. I then revisit a temporal understanding of eschatology illumining the theme of the pause, or rest. This Sabbath theme, in concert with attentiveness to space, is then brought to bear upon the primal North American experience of empire: the expropriation of aboriginal lands.     

The Land Ethic,Moral Development,and Ecological Rationality

There has been significant debate over both the imiplications and the merit of Leopold's land ethic. I consider the two most prominent objections and a resolution to them. One of these objections is that, far from being an alternative to an “economic” or cost‐benefit perspective on environmental issues, Leopold's land ethic merely broadens the range of economic considerations to be used in addressing such issues. The other objection is that the land ethic is a form of “environmental fascism” because it subordinates the welfare of humans to the good of the ecological whole. I argue that these objections are based on a fundamental misunderstanding of his theory by advocates and detractors alike. The land ethic is centrally a psychological theory of moral development and ecological rationality that advocates a shift in the way that environmental problems are conceptualized and approached.     

A Story about the Counselors in the Land of Help

Licensure is an issue of interest to many counselors. In some ways, however, the issue of licensure seems to be unresolved among them; in other words, some counselors want licensure, some don't, and others really don't seem to care one way or the other. This article recounts what happened to the counselors in the Land of Help when they were confronted with licensure and what they were able to do about it.     

马克思主义关于农业经济形态理论的新发展——读考茨基《土地问题》和列宁《土地问题笔记,1901-1915年》

在史学界对西方农业史的研究中,我国相当一部分学者仍然是按照马克思在19世纪中期前后从对英国农业分析中得出的某此结构去理解西方农业史的发展规律,这种规律以"两极分化"和"小农的消灭"为主要内容.     

新中国农地制度:绩效与变迁

新中国成立以来,中国农地制度主要有三种类型:土改时期的私有私营制、人民公社的公有公营制和改革开放以来的公有私营制。三种农地制度的绩效差异极大,各自的缺陷导致其处于不断的变迁之中。但无论任何变迁,中国农地制度必须同时兼顾效率和公平,农村土地必须同时承担资产与社会保障两种功能。这既是当前农民认同土地集体所有制的主要原因,也是今后农地制度改革必须考虑的重要因素。