“De-skilling” the 1891 Censuses in New South Wales and Tasmania

The 1891 censuses taken in New South Wales and Tasmania abandoned the long-established practice of grouping working-class occupations into “skilled” and “unskilled” categories. Instead, they were grouped into “Industrial” categories that did not differentiate between grades or degrees of skill. In this paper the sudden disruption to the preceding practice is explained as an effect of the intersection of two histories: the changing meaning of skill, and the history of scientific method. The paper traces the transformations in meanings of skill from an “artisanal” to an “industrial” form and examines how the two central figures in the construction of the 1891 census — the statisticians T.A Coghlan and R.M Johnston — were enmeshed in that history. Coghlan is usually given the more prominent role in accounts of late nineteenth-century statistics, but in this case Johnston's expertise in using scientific method was instrumental in the “deskilling” of the census.     

The search engine's dilemma: implied licence to crawl and cache?

A German court rules that web publishers who choose not to usewidely available technical protection measures, such as therobot exclusion protocol (robot.txt), grant an implied licenceto search engines to crawl and cache for the purpose of indexingcontent on the internet.     

党加强自身建设适应环境变化的基本经验

中国共产党之所以能从胜利走向胜利,一个重要原因就是能认真分析客观环境的发展变化,加强自身建设,适应环境。     

Politics and Power in the European Convention

The Convention on the future of the European Union has been heralded by many as a unique political setting. So far the process of EU Treaty change was subject to the collision of national political interests in Intergovernmental Conferences. By contrast, the Convention appears to promise a fundamentally open and normatively informed arena. This article probes the validity of this promise by dissecting the political dynamics of the Convention along three dimensions: political behaviour and alliance formation; agenda management; and the norms informing its proceedings.     

Simultaneous and Sequential Anticommons

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.     

重评斯顿夫的机能心理学

德国著名心理学家斯顿夫提出的机能心理学，是对布伦塔诺意动心理学的继承与推进，在西方人文心理学的思想发展中具有承上启下的作用，由于有关他的文献毁于战火之中，导致他长期以来受到心理学史家的冷 落，本文根据新近发现的资料，重新阐述了斯顿夫机能心理学的理论体系，包括心理学的性质，对象，方法以及心理状态的特征与分类等思想，在基本观点上，斯顿夫的机能心理学与布伦塔诺的意动心理学一脉相承，但在具体内容，前者是后者的发展与超越。     

Duality in Property: Commons and Anticommons

Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While commons and anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.     

Understanding and assessing school police officers: A conceptual and methodological comment

Although law enforcement officials have been involved in the provision of school security services for the past half century, prior to the 1990s the practice of assigning sworn police officers to serve in schools on a full-time basis was uncommon. Over the past decade the number of police officers serving in schools increased substantially, but few studies of school police officers were conducted and little attention was devoted to understanding the role of school police officers. This article contributes to the literature on school police officers by providing an overview of the development of school police officers, an outline of issues which should be considered in conceptualizing school police officers, and a discussion of methodological issues pertaining to the assessment of school police officers.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence

Contrary to the leading studies of Brenner and McLaren, it is argued that nuisance law was consistently a robust constraint on polluting industrial enterprise during the industrial revolution. The defining nuisances of industrialisation were ‘inter‐neighbourhood’ in character. They affected country estates surrounding industrial seats into which pollutants were displaced by increasingly tall chimneys and long outfalls. The victims of revolutionary nuisance included elite proprietors with unsurpassed capacity to enforce the law. Like Galanterian ‘haves’, who (it is postulated) use the law to reinforce a social advantage, nineteenth century proprietors enforced the common law to protect the ecological fabric of rural life from the threat of polluting corporate enterprise. This is a fundamental challenge to the orthodox view of the common law's complicity with industrial ecological harm in the past, and poses important questions about the prospect of strengthened common law protection of the environment in the modern day.