“…The Hohfeldian framework is a contribution about how to think, not what to think: Hohfeld did not attempt to prescribe or recount the substance and the distribution of actual entitlements. Over time, many complex visions (and reinterpretations of) the Hohfeldian framework have been proposed in an abundant literature (Duarte d'Almeida 2016), some of which even tested its validity (Brown 2005). In this article we provide a simple, accessible account of Hohfeld's framework.…”
Section: A Theoretical Framework To Specify What Is a Right In Open Pmentioning
Several misunderstandings obscure the understanding of access to pastoral resources in farming areas of West Africa. Firstly, pastoral resources are often considered as commons, whereas they are mostly based on open access. Secondly, these open access regimes are understudied and suffer from a poor understanding of what is a "right" in such regimes. This is an important issue, because grazing resources are disappearing in farming regions while fields for crops are extending, and because herders' rights do not protect them from this adverse change in land use. Grounded on field work in western Burkina Faso, this article specifies herders' rights of access in the area by drawing upon the concepts forged by Wesley Newcomb Hohfeld (1913). This American legal scholar sees rights as a relational issue, not as individual or collective entitlements. His analytical framework has been influential since the beginning of the 20th century and proves to be relevant to highlight farmers-herders relations. The article demonstrates that herders benefit from liberty of access rather than rights in the strictest sense of the word. Access to pastoral resources is weak because herders are subject to farmers' power to change their land use from pastoral to agricultural.
“…The Hohfeldian framework is a contribution about how to think, not what to think: Hohfeld did not attempt to prescribe or recount the substance and the distribution of actual entitlements. Over time, many complex visions (and reinterpretations of) the Hohfeldian framework have been proposed in an abundant literature (Duarte d'Almeida 2016), some of which even tested its validity (Brown 2005). In this article we provide a simple, accessible account of Hohfeld's framework.…”
Section: A Theoretical Framework To Specify What Is a Right In Open Pmentioning
Several misunderstandings obscure the understanding of access to pastoral resources in farming areas of West Africa. Firstly, pastoral resources are often considered as commons, whereas they are mostly based on open access. Secondly, these open access regimes are understudied and suffer from a poor understanding of what is a "right" in such regimes. This is an important issue, because grazing resources are disappearing in farming regions while fields for crops are extending, and because herders' rights do not protect them from this adverse change in land use. Grounded on field work in western Burkina Faso, this article specifies herders' rights of access in the area by drawing upon the concepts forged by Wesley Newcomb Hohfeld (1913). This American legal scholar sees rights as a relational issue, not as individual or collective entitlements. His analytical framework has been influential since the beginning of the 20th century and proves to be relevant to highlight farmers-herders relations. The article demonstrates that herders benefit from liberty of access rather than rights in the strictest sense of the word. Access to pastoral resources is weak because herders are subject to farmers' power to change their land use from pastoral to agricultural.
“…The literature on the correlativity axiom has mostly focused, as I said, on the claim‐right/duty pair, but some authors, like Brown () or van Duffel (), have considered the issue from the perspective of liberties. Brown has an interesting take on the matter: her claim is that alongside Hohfeldian claim‐rights, we should recognise three kinds of liberties rather than just one.…”
Section: Comprehensiveness and Fundamentalitymentioning
confidence: 99%
“…Brown has an interesting take on the matter: her claim is that alongside Hohfeldian claim‐rights, we should recognise three kinds of liberties rather than just one. She offers the following ‘reformulated scheme of rights’ (: 363): …”
Section: Comprehensiveness and Fundamentalitymentioning
confidence: 99%
“…Her starting‐point is a distinction between two notions of ‘permissible’ – mere absence of prohibition, and express permission – which she identifies as two basic kinds of liberty . The former, which she calls a ‘simple liberty’, concerns actions that stand ‘outside the remit of the law’ and are thus ‘not unlawful’ (: 351); an example would be one's liberty to eat breakfast. The latter she calls a ‘liberty‐right’, and here the action ‘lies within the remit of the law in being expressly permitted’ and is thereby ‘made lawful’ (: 352, 354).…”
Section: Comprehensiveness and Fundamentalitymentioning
Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very inf luential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition (with some revisions) of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.
“…Professional staff recognition can co-exist with the traditional roles of academic staff. The limitation here is that action on the part of professional staff are not directly protected from an attempt at changing the boundaries of what professional staff represent at universities, demonstrating different notions of what is permissible (Brown 2005;d'Almeida 2016). …”
It is a generational work designed to take a comprehensive and utilitarian look at higher education in the first decade of the twenty-first century and to provide a glimpse of potential developments as the century progresses. In this regard, it combines many of the intentions found in the three antecedent works previously described. This series provides basic and (per force) historical perspectives on topics covered that touch upon the impact and approach within universities regarding issues of social justice; designing and fostering a climate and structure that promotes the provision of high skills and new knowledge (transmitted and created); creating schema that ensure the quality and integrity of all programs across the campus; issues and approaches toward establishing and maintaining good external and internal governance; the effective management of financial and human resources; the importance of purpose in generating a viable university structure; the impact of changing paradigms in learning, teaching, and student engagement (the changing toward a learner-centered environment); capacities in relation to human and financial resources available to higher education; and the expectations from and performance of higher education institutions. This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.Printed on acid-free paper This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
PrefaceVolumes discussing the functions and roles of professional staff at higher education institutions (HEIs) are rare. HEIs are complex and highly specialized organizations based on performing a variety of tasks within the university or similar institution of higher learning. Tasks range from clerical activity to high level managerial activity to ...
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