An Illuminating Exchange The Construction of Social Reality

A BSTRACT . In his The Construction of Social Reality , Searle presents an account of rights, responsibilities, obligations, duties, and similar entities in terms of the formula X counts as Y in context C , where " X " refers in the simplest case to some physical object or event and " Y " to the result of imposing upon X some deontic power or function. Smith attempts to show the limitations of this formula, focusing especially on the examples of contested property rights (where C is not uniquely defined), and of money in bank accounts and other phenomena (where no physical X -term is available). Searle responds to these criticisms, above all by pointing to the fact that some of the problems Smith raises are to be addressed not by an ontological analysis of social reality but rather through legal or political means.     

农民对农地产权认知及意愿的实证分析——基于赣、浙、桂三地546份农户的问卷调查

比较分析不同区域农民对农地产权的认知和意愿,有利于因地制宜地制定相关政策,为农地产权制度创新提供政策依据。通过对东(浙)、中(赣)、西(桂)部地区农户抽样问卷调查的实证分析,结果表明:东(浙)、中(赣)、西(桂)部地区农民对农地产权的认知及意愿具有较大的异质性;农民对于农村土地所有权改革的主流意愿,与现阶段国家主张维护农地集体所有的主张并不一致;农民对相关土地法律的熟悉程度很低;大多数农民认为土地权益受到侵害时不能得到很好解决。     

Searle's Monadological Construction of Social Reality

A BSTRACT . One aim of this paper is to make visible the connection between Searle's views on social reality and his general ontology, and at the same time to show that some peculiar features of his analysis of social reality are a natural outcome of his general ontology. The paper contains five sections. In the first Searle's naturalism is philosophically situated and its differentia specifica explained. Then, Searle's view that intentional states exist only in brains is presented. One might say that, according to Searle, each mind is, although caused by a material brain, a Leibnizian monad. This view is related to an important, but neglected, distinction that Searle himself has made between requirement conditions of satisfaction and required conditions of satisfaction. In the third section, it is pointed out that, necessarily, sometimes there has to exist some kind of relation of satisfaction between the two kinds of conditions of satisfaction. Searle, however, has never really discussed what this satisfaction relation may look like. The upshot of all the remarks is that, fourth, Searle's general ontology automatically implies an ontology of social reality according to which a social fact can only exist as a scattered aggregate whose items exist in the brains of the people who constitute it. Finally and fifth, I try to think with Searle against Searle. His monadological view of social reality cannot, Searle notwithstanding, be regarded as being close to the direct realism of common sense. Searle's realism is an indirect realism. However, if Searle's view that intentional states exist only in brains is rejected, then the rest of his ontology has features that may take us closer to a direct realism. Such a move, which in one respect takes us closer to common sense, takes us in another respect away from common sense. The title of the last section is "Social Reality and the Impossibility of Common Sense."     

农民对农地产权认知及意愿的实证分析——基于赣、浙、桂三地546份农户的问卷调查

比较分析不同区域农民对农地产权的认知和意愿,有利于因地制宜地制定相关政策,为农地产权制度创新提供政策依据。通过对东（浙）、中（赣）、西（桂）部地区农户抽样问卷调查的实证分析,结果表明：东（浙）、中（赣）、西（桂）部地区农民对农地产权的认知及意愿具有较大的异质性;农民对于农村土地所有权改革的主流意愿,与现阶段国家主张维护“农地集体所有”的主张并不一致;农民对相关土地法律的熟悉程度很低;大多数农民认为土地权益受到侵害时不能得到很好解决。     

房地产市场中的政府行为外部效应解析

1988年建立的土地有偿使用制度,实现了我国土地产权的市场化,对培育土地市场和促进经济发展发挥了重要作用,但土地产权的界定不够明晰,缺少外部效应内部化的政策机制,引发土地市场的一系列问题.借助新制度经济学的分析框架,从土地产权的角度分析了政府行为对土地市场的影响,并运用特征价格法,对广州市地铁二号线和内环路建设的实例,分析评价了政府行为对土地价值的影响.最后从完善土地产权的角度探讨了政府在土地市场中的角色和作用,指出由于缺乏对政府行为引起的"得益"和"受损"的应对机制,导致政府利益受损和土地市场的不公平与不确定性,需从土地产权角度出发,完善相关政策.     

A Property Rights Paradox: George and Rothbard on the Conservation of Environmental Resources

A bstract . Murray N. Rothbard is recognized as one of the most articulate modern critics of Henry George's land value tax. A leading libertarian thinker, Rothbard condemns George's recommendation that government act to affect private transactions in land, arguing that such interventions infringe on previously defined private property rights. However, Rothbard's social system has no explicit mechanism for accommodating the emergence of tradeable property rights to newly recognized environmental resources. In effect, Rothbard calls for controls on such resources—no trading. Henry George, on the other hand, provides for the evolution of new property rights and their emergence into private markets. The paradox here is that George's solution to the property rights question might accommodate the social yearnings of one of his most severe critics, Murray N. Rothbard.     

土地发展权跨区域流转的现实与前景——一个分析框架

土地发展权虽未作为一项正式的制度设置,但事实上作为地方政府进行"制度创新"的重要工具,为经济增长和城市化扩张做出了实质性贡献。同时,这种颇具中国特色的土地发展权流转机制具有渐进性特征,正深刻影响中国土地产权制度改革进程。本文在总结我国土地发展权跨区域流转的理论、制度和实践基础上,对土地发展权跨区域流转的前景进行了一个框架性的拓展分析。研究发现,因城乡二元土地制度的异质性,土地发展权跨区域流转将存在迥异的发生机制。国有土地发展权可围绕"建设用地节余指标"这一具象载体进行跨区域流转,农村土地发展权则可围绕特定的"发展权标准单位"这一虚拟载体进行跨区域流转。在此基础上,本文从改革方案、机制设计、交易市场等方面提出了建议。     

Accessing the Urban Commons Through the Mediation of Information: The Eliana Silva Occupation,Belo Horizonte,Brazil

This essay demonstrates how mediations (called Dialogues) between the University of Belo Horizonte and the residents of the Eliana Silva Occupation in that city have secured not only the right to urban land and constitutional rights that have been historically violated in Brazil, but also the right to that which is of common interest. The essay speaks to Michael Hardt and Antonio Negri's contention that what is common goes far beyond the provision of public services. This starting point allows us to see that urban occupations are politically empowered, to the extent that poor people consciously violate the Brazilian law governing the right of possession and ownership over urban land through creative and cooperative actions that are undertaken and extended across networks. This essay will focus on the centrality of the struggle to build a common communication platform serving to nourish social ties and sociability among those social actors who share the same human deprivation—lack of access to what should be widely available to all citizens. On the theoretical side, the essay takes Pierre Bourdieu, Bruno Latour and Milton Santos as its guides to understanding how social actors act in the struggle for socio‐spatial coexistence and urbanity.     

The Economics of Property Rights and Human Rights

A bstract . Human rights and property rights are rights of the person , with the former being numbered among the latter. The property rights school of economics analyzes the impact of maximizing behavior within alternative sets of institutional structures defined in terms of the definition and distribution of property rights. Property rights are tools or parameters, not goals of economic policy in themselves. It is useful to view human rights in the same way. The 'optimal' structure of human rights in an exchange economy , like property rights, depends on the nature of market imperfections such as transactions costs . The views of Rawls, Arrow and Sen can be interpreted in the light of this analysis. It makes a tentative case for some communal human rights (aimed at moderating the effects of an unequal ditribution of resources ) within a system of private human rights vested in individuals rather than the State. This conclusion depends, however, on the distribution of transactions costs in human rights and the chosen role of human rights as tools of public policy.     

The Social Ontology of Virtual Environments

This paper analyzes the ontological structure of institutional and other social entities in virtual environments. The emphasis is on institutional reality, which consists of entities (objects, events, etc.) like money, contracts, and chess pieces, which are constituted in part through collective agreements. It is studied how institutional entities are constructed in virtual environments, how they relate to institutional entities in the real world, and how they are recognized by users.     

论企业知识资产形成的制度安排

文章认为企业知识资产的形成是企业内外制度安排的结果。知识在企业内的“资产化”不仅需要交易制度安排和国家产权制度安排,还需要企业外部的社会性制度安排以及内部的组织化制度安排和激励性制度安排。     

农村集体土地制度改革与土地征收补偿

党的十八届三中全会审议通过的《中共中央关于全面深化改革若干重大问题的决定》为我国农村集体土地制度的改革指明了方向。我国农村集体土地制度改革有利于建立城乡统一的建设用地市场、健全城乡发展一体化体制和赋予农民更多财产权利,也有利于预防土地腐败,促进社会和谐。在具体政策实施过程中,要做好农村集体土地的确权工作,规范农村集体土地流转,实行城乡土地同价同权,逐步建立城乡统一的土地市场,并要有效地解决征收制度对农村土地市场秩序的威胁,进一步完善土地补偿保障机制。     

唐宋至清末土地流转制度的正负效应分析

唐宋以后,我国封建社会相对完全自由的土地私有制度开始确立.国家在制度层面上不断明晰产权,使土地的所有权、使用权等进入市场,土地流转速率加快.土地流转制度一方面可以增进社会福利、优化资源配置、调节宏观经济,并能起到融通资金的作用;另一方面由于我国诸子均分的财产继承制度和其他历史因素的影响,土地流转制度使土地趋于零散化、分配平均化,形成了我国农业小规模经营和过密化生产方式,导致社会经济发展缓慢.     

9. Human Rights: Historical Learning in the Shadow of Violence

This paper emphasizes the historical dimension of human rights understood as a social ethic. Rather than timeless principles, human rights and the universality proper to them emerge in a process of suffering, conflict, political assertion, and institutional change. We can understand them as historical yet also universal by seeing that human rights arise in processes of social learning that take place in an increasingly globalized world. Such learning often has advanced in the face of dramatic violence, for example, the bombing of Hiroshima. But the demands on a global social ethic today are not only a matter of responding to threats and acts of dramatic violence in isolation. Attention to the example of Hiroshima suggests that the problem of violence is bound up with other questions about the regulation of emerging technical powers in a context of inequality and social conflict. To what extent can an ethic centered on human rights provide an ethics that can inform effective responses to these problems? To consider the promise of human rights, we look more closely at the kind of social learning they involve and explore in particular the role of social movements in forging new identities and reciprocities along with normative claims proper to a global public sphere (the anti‐apartheid movement provides an example). We go on to see that these political experiences can inform interpretations of historical experience that can inform a widened sense of historical possibilities, both those missed in the past and those that confront us today. While this argument may thicken our sense of the promise of a human rights ethic, it remains speculative, not least because of the limited effectiveness of these norms in practice today. We close with the suggestion that nonetheless a coherent ethical response is possible, one that in the wealthy parts of the globe might take the form of an ethic of democratic responsibility. This would both represent a distinctive kind of learning and perhaps contribute to a wider advance of human rights.     

Henry George's Land Reform: A Comment on Pullen

Henry George described his proposal to tax land rent as tantamount to abolition of the private ownership of land . However, Pullen's suggestion that it might better be described as "conditional, modified, or restricted ownership" falls foul of the fact that all ownership is conditional, modified, or restricted in some sense. Whereas, for George, the private ownership of labor products may be positively justified on grounds of equity, and is subject only to conditions that apply to ownership in general, the private ownership of land may be permitted , but only on grounds of social utility, and only if a radical condition (social appropriation of most of its rent) is met that satisfies the demands of equity.     

城市化、农地征用与失地农民利益补偿

政府主导的低成本获取城建用地的城市化,并没有为我国生产出低价位的城市产品。这是由于我国现有的农地征用制度与对失地农民利益补偿机制的缺陷,从而内生出高昂的交易费用,其根源于我国现有的农地产权制度。因此发展我国的农地产权,赋予农民土地发展权,是问题的关键所在。     

中国“二元经济”结构下的土地银行研究

土地问题是中国社会问题的核心。从中国的二元经济结构入手,研究土地银行是非常有意义的课题。本文研究发现,二元分割的经济结构对土地产权的交易更容易产生败德行为,并加深二元经济的对立;不完整的产权制度造成了比较混乱的多中心主体的利益格局,出现弱化一方,增强另一方的经济权利的现象,造成土地资源配置的低效率;土地货币却是政府对土地定价权独占的衍生物,通过控制土地货币的发行量来增减财政收入。但它们严重地妨碍了土地资本化的深化,并且不利于土地银行业务的拓展。     

Strategy-proofness, core, and sequential trade

We extend the Shapley-Scarf (1974) model - where a finite number of indivisible objects is to be allocated among a finite number of individuals - to the case where the primary endowment set of an individual may contain none, one, or several objects and where property rights may be transferred (objects inherited) as the allocation process unfolds, under the retained assumption that an individual consumes at most one object. In this environment we analyze the core of the economy and characterize the set of strategy-proof and Pareto efficient mechanisms. As an alternative approach, we consider property rights implicitly defined by a strategy-proof and Pareto efficient mechanism and show a core property for the mechanism-induced endowment rule.Received: 19 February 2004, Accepted: 14 April 2005, JEL Classification: C71, C78, D71, D78We would like to thank two anonymous referees for valuable comments. Financial support from The Swedish Council for Research in the Humanities and Social Sciences is gratefully acknowledged by Lars-Gunnar Svensson. Financial support from The Jan Wallander and Tom Hedelius Foundation is gratefully acknowledged by Bo Larsson.     

浙江宅基地和农房产权制度调查研究

基于2009-2010年组织的浙江10个县(市、区)农户和官员问卷调研,描述浙江宅基地与农房产权管理现状,论述各地宅基地与农房产权制度改革实践探索情况,并分析宅基地与农房产权制度改革需求和方向。调查分析表明,当前各地宅基地与产权管理现状差异较大,农户和官员对宅基地与产权制度改革需求较大。建议采取有力措施,推动宅基地与农房产权制度改革,保障农民的财产权益,提高农民的财产性收入。