Custom in context : Medieval and Early Modern Scotland and England

Studying custom and its context gives unique insights into relations of property, production and law in a society. The first part of the article discusses meaning in Scotland, focusing on ‘custom as normative practice, custom as unwritten law, and custom in opposition to law’. The second seeks to demonstrate (using evidence focusing principally on landholding) that custom as legal currency was more restricted for Scots than English. The third sets out the implications for continuity of landholding and for agrarian change in the Highlands of Scotland, an area where custom might be thought strong. The fourth deals with the differential legal development of Scotland and England between the twelfth and eighteenth centuries and its effects on social and tenurial relationships. A final section suggests why custom mattered more as a resource to the English, the domains in which it was important to Scots and the implications for understanding the comparative development of the two societies since the Middle Ages.PostprintPeer reviewe

Infinite-horizon choice functions

We analyze infinite-horizon choice functions within the setting of a simple technology. Efficiency and time consistency are characterized by stationary consumption and inheritance functions, as well as a transversality condition. In addition, we consider the equity axioms Suppes-Sen, Pigou-Dalton, and resource monotonicity. We show that Suppes-Sen and Pigou-Dalton imply that the consumption and inheritance functions are monotone with respect to time - thus justifying sustainability - while resource monotonicity implies that the consumption and inheritance functions are monotone with respect to the resource. Examples illustrate the characterization results.Intergenerational resource allocation, infinite-horizon choice

Secure tenure for home ownership and economic development on land subject to native title

The public policy debate on land rights, the struggle of Indigenous peoples to have their pre-colonial possession of land recognised and interests in how land rights might be exercised to fulfil Indigenous peoples’ hopes for economic development and home ownership.Those people who have had their native title rights and interests in land legally recognised are contemplating the implications for their future prosperity. They are pondering the types of investments they can make to develop their land for social and economic purposes, the use and development rights they might temporarily exchange for income, or, as a last resort, the rights and interests they are prepared to relinquish in return for compensation. Western Australia (WA) presents a unique case in the Australian context because, unlike other states and the Northern Territory, WA does not have a statutory Aboriginal land rights system despite its large and remote Aboriginal population. What is termed ‘Aboriginal land’ in Western Australia covers approximately 12 per cent of the state but has generally been granted at the discretion of the Minister for Lands, or else is held in trust as a reserve for the ‘use and benefit of Aboriginal inhabitants’.1 This estate has not been transferred to Aboriginal ownership under state legislation on the basis of statutory rights conferred on Aboriginal people as the result of a formal claim based on their cultural connections to the land or waters. According to the former Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma (AHRC 2005), this reflects ‘protection’ style legislation from the 19th century, which has been the basis of calls for reform of the system since the early 1980s (Seaman 1984; Bonner 1996; Casey 2007)

FARM GROWTH AND ESTATE TRANSFER IN AN UNCERTAIN ENVIRONMENT

Farm Management,

The Adaptive Dynamics of Function-valued Traits

This study extends the framework of adaptive dynamics to function-valued traits. Such adaptive traits naturally arise in a great variety of settings: variable or heterogeneous environments, age-structured populations, phenotypic plasticity, patterns of growth and form, resource gradients, and in many other areas of evolutionary ecology. Adaptive dynamics theory allows analyzing the long-term evolution of such traits under the density-dependent and frequency-dependent selection pressures resulting from feedback between evolving populations and their ecological environment. Starting from individual-based considerations, we derive equations describing the expected dynamics of a function-valued trait in asexually reproducing populations under mutation-limited evolution, thus generalizing the canonical equation of adaptive dynamics to function-valued traits. We explain in detail how to account for various kinds of evolutionary constraints on the adaptive dynamics of function-valued traits. To illustrate the utility of our approach, we present applications to two specific examples that address, respectively, the evolution of metabolic investment strategies along resource gradients, and the evolution of seasonal flowering schedules in temporally varying environments

Creative tension: parliament and national security

Overview: This paper argues that enhancing parliament’s role in national security will reinforce executive accountability, improve the quality of public debate over national security and serve to strengthen the foundations of Australia’s parliamentary democracy. There are several measures that would materially improve parliament’s role in the conduct of national security:  enhance respect for parliament as the forum for consideration of national security issues by utilising the parliament’s existing procedures to more fully consider issues of foreign affairs, defence, intelligence and border security develop parliamentarians’ education in national security by providing a new members’ orientation program focussed on national security examine parliament’s exercise of war powers  encourage parliamentary diplomacy  a material improvement in parliament’s role demands more attention to increasing the human and financial resources available to key national security committees undertake an examination of national security committee mandates, particularly in intelligence oversigh

The Depressing Effect of Agricultural Institutions on the Prewar Japanese Economy

The question we address in this paper is why the Japanese miracle didn't take place until after World War II. For much of the pre-WWII period, Japan's real GNP per worker was not much more than a third of that of the U.S., with falling capital intensity. We argue that its major cause is a barrier that kept agricultural employment constant at about 14 million throughout the prewar period. In our two-sector neoclassical growth model, the barrier-induced sectoral mis-allocation of labor and a resulting disincentive for capital accumulation account well for the depressed output level. Were it not for the barrier, Japan's prewar GNP per worker would have been close to a half of the U.S. The labor barrier existed because, we argue, the prewar patriarchy, armed with paternalistic clauses in the prewar Civil Code, forced the son designated as heir to stay in agriculture.

India's Socially Regulated Economy

By far the larger part of the contemporary Indian economy - judged by measures as disparate as GDP and livelihoods - is not directly regulated by the state. It is regulated through social institutions. Social institutions express forms of power not confined to the economy. Macro-economic policy is implemented through their filters. In this paper some propositions derived from a large primary literature concerning the roles of gender, religious plurality, caste, space, class and the state are introduced. Liberalisation is argued to increase the tension between forces dissolving social forms of regulation and those intensifying them.