Validation of Automatically Generated Global and Regional Cropland Data Sets: The Case of Tanzania

There is a need to validate existing global cropland maps since they are used for different purposes including agricultural monitoring and assessment. In this paper we validate three recent global products (ESA-CCI, GlobeLand30, FROM-GC) and one regional product (Tanzania Land Cover 2010 Scheme II) using a validation data set that was collected by students through the Geo-Wiki tool. The ultimate aim was to understand the usefulness of these products for agricultural monitoring. Data were collected wall-to-wall for Kilosa district and for a sample across Tanzania. The results show that the amount of and spatial extent of cropland in the different products differs considerably from 8% to 42% for Tanzania, with similar values for Kilosa district. The agreement of the validation data with the four different products varied between 36% and 54% and highlighted that cropland is overestimated by the ESA-CCI and underestimated by FROM-GC. The validation data were also analyzed for consistency between the student interpreters and also compared with a sample interpreted by five experts for quality assurance. Regarding consistency between the students, there was more than 80% agreement if one difference in cropland category was considered (e.g., between low and medium cropland) while most of the confusion with the experts was also within one category difference. In addition to the validation of current cropland products, the data set collected by the students also has potential value as a training set for improving future cropland products

The Law of Society: Governance Through Contract

This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, governance by contract has emerged as the central concept in the context of domestic privatization, domestic and transnational commercial relations and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, governance of contract through contract adjudication, consumer protection law and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that only an expanded legal realist perspective can adequately explain the complex nature of contractual agreements in contemporary practice. The paper argues for an understanding of contracts as complex societal arrangements that visibilize and negotiate conflicting rationalities and interests. Institutionally, contractual governance has been unfolding in a complex, historically grown and ideologically continually contested regulatory field. Governance through contract, then, denotes a wide field of conflicting concepts, ideas and symbols, that are themselves deeply entrenched in theories of society, market and the state. From this perspective, we are well advised to study contracts in their socio-economic, historical and cultural context. A careful reading of scholars such as Henry Sumner Maine, Morris Cohen, Robert Hale, Karl Llewellyn, Stewart Macaulay and Ian Macneil offers a deeper understanding of the institutional and normative dimensions of contractual governance. Their analysis is particularly helpful in assessing currently ongoing shifts away from a welfare state based regulation (governance) of contractual relations. Such shifts are occurring on two levels. First, they take place against the backdrop of a neo-liberal critique of government interference into allegedly private relations. Secondly, the increasingly influential return to formalism in contract law, which privileges a functionalist, purportedly technical and autonomous design and execution of contractual agreements over the view of regulated contracts, is linked to a particular concept of sovereignty. The ensuing revival of freedom of contract occurs in remarkable neglect of the experiences of welfare state adjudication of private law adjudication and a continuing contestation of the political in private relationships. The paper takes up the Legal Realists\u27 search for the \u27basis of contract\u27, but seeks to redirect the focus from the traditional perspective on state vs. market to a disembedded understanding of contractual governance as delineating multipolar and multirational regulatory regimes. Where Globalization has led to a fragmentation, disembeddedness and transnationalization of contexts and, thus, has been challenging traditional understanding of embeddedness, the task should no longer be to try applying a largely nation-state oriented Legal Realist perspective and critique to the sphere of contemporary contractual governance, but - rather - to translate its aims into a more reflexive set of instruments of legal critique. Even if Globalization has led to a dramatic denationalization of many regulatory fields and functions, it is still not clear, whether and how Globalization replaces, complements or aggravates transformations of societal governance, with and through contract

Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules

This Article considers Justice Stevens’ approach to equal protection and free speech cases. It contrasts his longstanding attempts to pierce through mediating doctrinal rules in these areas and apply true constitutional meaning (“the law beyond the rules”) with the more rule-bound approach exemplified by Chief Justice Roberts and other members of the Court’s conservative bloc. While appreciating JusticeStevens’ efforts in this regard, this Article also recognizes some of the problems he encountered in his quest. However, it also notes that the more rule-bound approach suffers from flaws of its own, even when judged against the criteria more rule-friendly justices offer to evaluate a given method of constitutional adjudication. Thus, whatever one might think of the ultimate success of Justice Stevens’ project, it is surely the case that the more rule-bound approach has not proven its clear superiority