Welfare and Freedom: Towards a Semi-Kantian Theory of Private Law

The Kantian theory of private law, as Ernest Weinrib and Arthur Ripstein have developed it over the last two decades, is based on a fundamental normative truth, viz., no person is subordinate or superior to another person. Kantians construe any attempt to understand and justify the distribution of the rights-claims and rights-liberties that constitute private law in terms of aggregate welfare and/or distributive justice, as a deep category mistake. This essay outlines a ‘semi-Kantian’ theory of private law, which is like Kant’s in that it understands private law as a means of instituting and protecting private freedom. Yet, semi-Kantians insist that the choice between different private law programs, which respect private freedom equally well, can at times be justified by considerations of aggregate welfare and distributive justice, as well as other considerations that concern the impact on society as a whole.

     

Between reform and Islam: The Arab spring in Jordan 2011–2014

This article discusses the Arab Spring in Jordan and the reasons the Hashemite regime was able to survive it. Liberals, retired military officers, young people, members of tribes, and members of the Muslim Brotherhood all participated in the demonstrations against the regime, which began in January 2011. In the beginning, it seemed that diversified demonstrations would bring about the regime’s collapse, as happened in other Arab countries. But in the end, it turned out that each group acted in its own interests. Tribal leaders worried about economic concerns, liberals sought to promote political reform, and the Muslim Brotherhood demanded the establishment of an Islamic caliphate. The lack of a common goal combined with Jordan’s policy of allowing demonstrations free from the fear of violent repression, sapped protesters’ motivation and minimized the number of participants. The fear of the type of anarchy and terror seen in Syria and Egypt also frightened the protesters and led them to the conclusion that it is better to live in an undemocratic but stable regime than pursue a fight for democracy that might end badly. Ultimately, it was King Abdullah’s astute political strategy in combination with international contingencies that enabled Jordan’s Hashemite regime to survive the Arab Spring.     

Pantheonizing the Jerusalem Haram: from Pan-Islamic to a national Palestinian pantheon

Analyzing the initiative to establish an Islamic–Arab–Palestinian pantheon in the holiest place in Jerusalem against the background of the Arab–Jewish conflict in Palestine, this article discusses the transformation of the Haram pantheon from an all-Islamic burial place to a Palestinian national one in which the Husayni family was given priority. Understanding decision-making regarding who was entitled to be buried in this special place is the main focus of the article. The eight personalities who were buried at the Haram signify different motivations according to the authority in charge of allowing the burial in the Haram, family ties and networks and the political needs of the Arabs of Palestine as well as the Hashemites.     

Nuisance Value: Uyghur activism in Germany and Beijing–Berlin relations

While a small number of Uyghur communities had begun to settle in Germany already in the 1950s and 1960s, since the 1990s they have chosen Munich as their center of national and political activism in Europe and worldwide. By that time the Chinese had begun to apply pressure on the German government to restrict Uyghur activities and to monitor and intimidate them and their German supporters, also by using spies and collaborators. As a democratic country Germany rejected the Chinese demands, although refusing to admit former Uyghur Guantanamo inmates. Despite occasional tension, Sino–German relations have not been affected by the presence of Uyghurs, some of them labeled as ‘terrorists’ by Beijing. My conclusion is that the Uyghur ‘threat’ has been deliberately inflated by China as a tool in its relations with other governments and that economic relations and technology import are far too important to spoil by persecuting Uyghurs.     

Fiscal Distress in Local Authorities in Israel: the Convened Committee as a Method and a Solution

This study addresses fiscal distress in local authorities in Israel and around the world, and provides an in-depth analysis of the city of Bnei Brak from 1994 to 2003. When the city of Bnei Brak grappled unsuccessfully with fiscal distress, the Ministry of the Interior appointed a Convened Committee (CC; Va'adah Kruah) to handle the crisis. This study explores the methods and solution used by the government to extricate the authority from bankruptcy, while examining the sources and repercussions of this decision. The findings show that the CC solution was borne of necessity, due to the gravity of the financial crisis and the fact that the government had no other way of bailing out the city. However, the situation in Bnei Brak did not improve even after the CC was appointed, which challenges the very efficacy of the solution. This forms the basis for a discussion of the complexities of resolving the fiscal distress of localities in Israel.     

The Assassination of King Abdallah: The First Political Assassination in Jordan: Did It Truly Threaten the Hashemite Kingdom of Jordan?

King Abdallah was assassinated as a result of his relationship with Arab leaders. The opposition included three leaders: the Mufti Hajj Amin al-Huseini, King Faruq and Ibn Saud. Jordanian intelligence knew about the conspiracy and warned King Abdallah, but he decided to visit Jerusalem as originally planned and there he was assassinated. After the assassination on 20 July 1951, the Jordanian government was faced with two dangers that threatened the Hashemite regime in Jordan. The first, a Palestinian rebellion the purpose of which was the replacement of the Hashemite regime with a Palestinian one; the second an invasion of Jordan by either Syria or Saudi Arabia or both countries together, and their possible control of it. However, the dangers turned out to be neither tangible nor serious and the Hashemite regime remained in power.     

The Heralds of Opposition to Perestroyka

A review and analysis is presented of substantive material published in the journals Nash sovremennik and Mohdaya gvardiya from Gorbachev's advent to power through roughly October 1989. The size of the journals' circulations is noted to assess the influence of writers who are in the vanguard of opposition to perestroyka. The article includes a section devoted to the tradition of Russian “thick journals.” It concludes by examining the popularity and power of Russian nationalism in relation to peresiroyka and the nature of the opposition to it as reflected in both journals. Journal of Economic Literature, Classification Number: 052.