A Review of Hohfeld\u27s Fundamental Legal Concepts

Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called the lowest common denominators of the law. All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld\u27s story. The first thing that needs clarifying is what kind of rights, duties, etc., Hohfeld was talking about. Where do they come from? How do you know one when you see it? In general, Hohfeld\u27s rights, duties, powers, etc., all come from the rules of positive law

"Phenomenal Conservatism" - Ch 2 of Seemings and Epistemic Justification

In this chapter I introduce and analyse the tenets of phenomenal conservatism, and discuss the problem of the nature of appearances. After that, I review the asserted epistemic merits phenomenal conservatism and the principal arguments adduced in support of it. Finally, I survey objections to phenomenal conservatism and responses by its advocates. Some of these objections will be scrutinised and appraised in the next chapters

Drivers of pCO2 Variability in Two Contrasting Coral Reef Lagoons: The Influence of Submarine Groundwater Discharge

The impact of groundwater on pCO2 variability was assessed in two coral reef lagoons with distinct drivers of submarine groundwater discharge (SGD). Diel variability of pCO2 in the two ecosystems was explained by a combination of biological drivers and SGD inputs. In Rarotonga, a South Pacific volcanic island, 222Rn‐derived SGD was driven primarily by a steep terrestrial hydraulic gradient, and the water column was influenced by the high pCO2 (5501 µatm) of the fresh groundwater. In Heron Island, a Great Barrier Reef coral cay, SGD was dominated by seawater recirculation through the sediments (i.e., tidal pumping), and pCO2 was mainly impacted through the stimulation of biological processes. The Rarotonga water column had a higher average pCO2 (549 µatm) than Heron Island (471 µatm). However, pCO2 exhibited a greater diel range in Heron Island (778 µatm) than in Rarotonga (507 µatm). The Rarotonga water column received 29.0 ± 8.2 mmol free‐CO2 m−2 d−1 from SGD, while the Heron Island water column received 12.1 ± 4.2 mmol free‐CO2 m−2 d−1. Over the course of this study, both systems were sources of CO2 to the atmosphere with SGD‐derived free‐CO2 most likely contributing a large portion to the air‐sea CO2 flux. Studies measuring the carbon chemistry of coral reefs (e.g., metabolism and calcification rates) may need to consider the effects of groundwater inputs on water column carbonate chemistry. Local drivers of coral reef carbonate chemistry such as SGD may offer more approachable management solutions to mitigating the effects of ocean acidification on coral reefs

The Impact of Public Budgets on Overall Productivity Growth

To fulfil their tasks, governments rely on public expenditures and taxes. Both influence the incentives and shape the decisions and actions of private economic agents. As governments resort to both instruments simultaneously, their combined theoretical impact on economic performance is a priori indeterminate. Clarification can only come from empirical evaluations. This paper reviews the recent literature trying to quantify the impact of fiscal policies on productivity and growth. Unfortunately, this survey shows that the empirical literature too is inconclusive: although the growth and composition of public expenditures and taxes as well as the fiscal stance seem to have some effect in the short run, their long-run implications cannot easily be quantified because of, e.g., reverse causation and crowding-out effects. The empirical evidence on the growth effects of government size points at a non-linear relationship: For small governments additional public expenditures seem to have a positive impact on growth, while for large governments further additions tend to be growth-retarding. It is an open question, however, where the optimum is located

A Review of Hohfeld\u27s Fundamental Legal Concepts

Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called the lowest common denominators of the law. All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld\u27s story. The first thing that needs clarifying is what kind of rights, duties, etc., Hohfeld was talking about. Where do they come from? How do you know one when you see it? In general, Hohfeld\u27s rights, duties, powers, etc., all come from the rules of positive law

Perchlorate: Sources, Uses, and Occurrences in the Environment

Perchlorate contamination of groundwater and soil continues to be a hot topic in many sectors, including industry, the federal Departments of Defense and Energy, regulators, and the general public. This article presents information on what is currently known regarding perchlorate uses, known and suspected naturally occurring versus anthropogenic perchlorate sources, and past and present manufacturing locations. It provides the reader with a baseline as well as background information to facilitate an understanding of perchlorate in the environment for the ultimate purpose of remediation. The article is based on research conducted by the Interstate Technology Regulatory Council for a forthcoming, more substantial perchlorate overview document scheduled for publication later in 2005. The document will include an overview of the chemical and discussions of remediation techniques and methods of analysis

Perchlorate: Sources, Uses, and Occurrences in the Environment

Perchlorate contamination of groundwater and soil continues to be a hot topic in many sectors, including industry, the federal Departments of Defense and Energy, regulators, and the general public. This article presents information on what is currently known regarding perchlorate uses, known and suspected naturally occurring versus anthropogenic perchlorate sources, and past and present manufacturing locations. It provides the reader with a baseline as well as background information to facilitate an understanding of perchlorate in the environment for the ultimate purpose of remediation. The article is based on research conducted by the Interstate Technology Regulatory Council for a forthcoming, more substantial perchlorate overview document scheduled for publication later in 2005. The document will include an overview of the chemical and discussions of remediation techniques and methods of analysis