Articles de revues sur le sujet « Reservation of ownership »

A decision of the Rota of Siena: between leasing and reservation of ownership at the beginning of Modern Times. – Late medieval and early-modern legal developments took place in Italy within the general framework of ius commune and iura propria, original legal constructs which present similar features to leasing in English law. These developments can be traced in the doctrinal corpus of the Italian ius commune tradition, but it may be surmised that they also appeared in sources related to legal practice. Thus, a case decided by the Rota of Siena in 1541–1543 shows that contractual forms similar to the leasing and to the emptio–venditio cum reservatione dominii were known and used in Italian practice, at least from the latter part of the 15th century onwards.

This work addresses the theoretical issues pertaining to alien land ownership by devoting systematic attention to the economic, human rights and national security perspectives. It suggests tht an integrated system could be established with respect to states’ regulation on foreign land ownership. Firstly, alien property investors should be granted national treatment regarding land as the internationalization of the real estate market will offer optimum capital utilization and facilitate overall global economic prosperity. Secondly, in the case of investors’ free access to domestic real estate markets, states may maintain flexibility in protecting their public policies with respect to human rights and national security. However, there must be a rational justification for invoking such a reservation. Therefore, alien land law originating from human rights and agricultural security concerns may need to be closely examined to distinguish those regulations which genuinely entail public interest concerns from those which do not. Thirdly, the deep participation of states in the international regime has greatly changed the traditional views towards alien land ownership. If a free real estate market is to be established, the trend of globalization has to be further advanced.

In collaboration with an American Indian nation, we conducted a survey that is the first of its kind in Indian Country. The survey explored tribal members' financial experiences in the months before the first bank opened on their reservation. In this article, we connect respondents' reported ex ante trust in banks to their support for the new bank. Descriptively, respondents are highly supportive of the new bank whatever their ex ante trust in banks, but the relationship is nonlinear. Native ownership seems to be particularly silent to those in the middle or low end of the trust distribution.

Pine Ridge Indian Reservation is in need of several thousand houses to alleviate overcrowding and improve living conditions. The United States government has failed to provide appropriate or sufficient housing and other individuals and organizations that have attempted to build homes for the Lakota have met with widely varying results. This paper documents community-based housing activities of fifteen Pine Ridge residents who attempted to implement a variety of construction techniques. The biggest challenges were obtaining and paying for resources and finding competent, reliable labor. The interviewees used local and salvaged materials extensively and worked within the local, informal economy to meet these challenges and address their dissatisfaction with government cluster housing. Findings suggest that local, community-based construction may provide a successful and culturally sustainable strategy for residential construction because it equips builders with a means to earn a living, develops construction skills, establishes a sense of ownership, and provides appropriate housing that enriches lives and builds pride.

In an economic climate plagued by the risk of insolvency, sellers will not wish to sell unless they can be sure of getting paid. At the same time most sellers would go out of business if they asked for cash on delivery and did not sell on credit. In Europe one way to combine these conflicting business realities is by selling goods subject to a reservation of title clause or a clause de réserve de propriété or an Eigentumsvorbehalt (hereafter RTC). An RTC may be defined as “merely an agreement between the parties as to the time when ownership is to pass”. By reserving title in the goods sold until they are paid for, it ensures that goods revert to the seller in case of the buyer's insolvency, and hence escape from the hands of the liquidator. The sale fails but the seller's losses are minimised. This is particularly important in the current context of insolvency practice where the legal order for the distribution of assets is very unfavourable to the supplier of goods who does not use an RTC. As an unsecured creditor he will receive any money owed only after the costs of the insolvency procedure and the shares of preferential and secured creditors are subtracted from the assets. He will, in the blunt words of Templemann LJ, ‘receive a raw deal’.

Teresa L. McCarty takes us to Rough Rock in the center of the Navajo Reservation, and to a bold experiment in Native American ownership of education. As the first school to be run by a locally elected, all-Indian governing board, and the first to incorporate systematically the native language and culture, it proved to be an influential demonstration of community-based transformation. McCarty describes the changes in Rough Rock's social,economic, and political structures, and examines the relation of these changes to educational outcomes for children. Further, she critiques the irony created by the larger institutional structure of federal funding, which both "enables and constrains genuine control over education by Native American communities."

After years of policies that undermined tribal sovereignty and land ownership, tribal access to traditional lands has expanded in the U.S., with growing opportunities for tribal land reacquisition. This is occurring within the context of changing rural land use, policies, and tenures, as timber and ranch land owners have divested ownership, resulting in greater land availability. This case study explores, through a political ecology lens, trends connecting rising tribal capacity and power with access to traditional lands, and the connections between politics, economics, race, power, and ecological change. This case provides lessons for indigenous land re-acquisition elsewhere, as indigenous groups globally gain access to political decisionmaking processes and seek to reacquire or rehabilitate their traditional homelands. We explore these trends through the case of the Klamath Tribes in south central Oregon, where the recent breakup of formerly industrial timberland has afforded the Tribes the opportunity to purchase the Mazama Tree Farm, a 36,000 ha part of the former Klamath Reservation. Though the Mazama has not (at the time of publication) been purchased by the Klamath Tribes, they have poised themselves to do so through a series of mechanisms that are driven by increasing tribal capacity, including the capacity to manage forests and to conduct successful negotiations over land and water use.Key words: Tribal capacity, forest restoration, American West, rural restructuring, industrial forest use

Gender disparities exist since antiquity. There has been inequality based solely on gender in various aspects of life usually in favour of men. Such inequalities are evident in employment, earning, education, leadership, land ownership, language use, religion, health rights and decision making. Tanzania like any other countries has incorporated gender in various legal instruments, policies, institutions and various strategies that have been employed to replicate gender gap in the country. It has been noted that life has been stratified by system of oppression and privileges. Throughout history women have been confined to uninvisible, unpaid and undervalued work. 1Accordingly, we cannot eliminate gender disparities unless the community is convinced and ready to embrace new practices. Furthermore, it has been observed that Tanzania has undergone major legal reforms to mitigate gender disparities. The Land legal regime provide for women safeguard, though such right cannot be realized as patriarchal practices places women to a disadvantaged position, besides, inheritance and marriage laws are still weak and discriminate against women thus, diversely affect their land rights. It is recommended that ‘will’ writing practices and willingness of the court to honor and enforce the law may mitigate the problem since reform on inheritance law has been proved ineffective. Therefore, this article discusses the patterns of disparities in the legal framework concerning women vis-a vis its practices blatantly inconsistent with the principles of equality and non-discrimination and the spirit of the constitution and international conventions which Tanzania signed without reservation.

Mathias Risse’s On Global Justice is a unique and important contribution to the growing literature on global justice. Risse’s approach to a variety of topics, ranging from domestic justice and common ownership of the earth, to immigration, human rights, climate change, and labour rights, is one that conceives of global justice as a philosophical problem. In this commentary I focus on a number of reservations I have about approaching global justice as a philosophical rather than an inherently practical problem. To his credit Risse does acknowledge at various stages of the book that a good deal of the applied terrain he ventures into presupposes complex and contentious empirical assumptions. A greater emphasis on those points would, I believe, helpfully reveal the shortcomings of tackling intellectual property rights by appealing to Hugo Grotius’s stance on the ownership of seas, or the shortcomings of tackling health by invoking the language of human rights without acknowledging and addressing the constraints and challenges of promoting health in an aging world.

Adam's Smith's invisible hand guiding market mechanisms toward moral conduct seems recklessly idealistic today, in light of forces that have dramatically skewed international free-market operations. Donaldson argues that major changes are necessary in the decision-making process as well as in the conduct of multinational corporations in order to exercise moral obligations and meet culture-specific needs of host countries. Donaldson proposes standards for international institutions by which to protect fairness and freedom, ownership of property, free speech, and minimum education and subsistence levels. “Are such changes in the decision-making process of multinational corporations likely or even possible?” he asks. With some reservations, the author is optimistic that a more ethical approach to market issues is workable.

Shared mobility is a service that allows users to share various transportation modes and use them with reservations when necessary. It started with private automotive car-sharing and ride-sharing services. Currently, it operates on a wider range, including personal mobility devices such as electric bicycles and scooters. The purpose of this study is to derive a direction for providing future shared mobility services through analysis of factors affecting the usage intention of both current and prospective users. The survey targets 753 citizens living in Gyeonggi Province, Korea. The survey period is from February 12, 2020, to February 26, 2020. In this study, a logistic regression analysis is conducted to investigate the factors affecting the use intention of shared mobility. The analysis results show that gender, car ownership, and education, among variables reflecting socio-demographic characteristics, have significant effects on intention to use shared mobility. Moreover, we find that experience factors, including mainly used transportation modes, ownership of shared mobility device, past experience in similar services, satisfaction of existing shared mobility services, and distance from the home to the nearest bus stop, are also statistically influential. The analysis results are expected to lay the foundation for the introduction of shared mobility services and can be used as data for planning smart mobility services in the future.

Intellectual Property Rights (IPRs) appear to be vital for the sustenance of our present society. Not only do they seem to protect the original works of creators but they also fight infringement, a major problem in today’s world. But do we really need to fear the use of our works by others? Is it right to consider knowledge as a commodity and seek recognition for it? Ancient Indian scriptures appear to suggest that people of the Indian sub-continent did not uphold the concept of ownership of bases of knowledge and believed that knowledge was to be passed down without reservations: A Parampara (tradition ) of the Guru ( the erudite teacher) and Sishya (the understudy). This article is an effort to understand the views and values of the present and past that appear consistently divergent. In this paper we also recognise the growing initiatives that call for knowledge to be freely shared through means of open licensing. In fact these initiatives across the world are indicative of a rising movement with high potential for change in people’s perspectives for a better world where knowledge is free. This paper in this context is our humble attempt to reconnect with the values of the past.

The findings of this research suggests that the Nigerian private investors like their counterparts elsewhere (e.g. the U.S.A. and the U.K.) do like both capital appreciation and dividend income. Furthermore, the majority of the respondents preferred to invest in ordinary shares rather than in any other securities on the Stock Exchange. Indeed it was found that other forms of securities, especially the government development stocks or bonds, were little known to the respondents. The majority of the respondents (57.9%, Table 4) appeared to take investment decisions on their own initiative rather than acting on the advice of stockbrokers or other experts, and that they often rely on company reports for market information. This is perhaps due to lack of clear understanding of the role of the stockbrokers in investment advice. The respondents showed a great reliance on three main sources of market information for investment decisions [company reports (34%), stockbrokers/or experts (27%), and the media (27%)]. However, as other authors have shown the average Nigerian investor may not be financially literate, the great reliance on company reports implies that the private investors take investment decisions by guessing at a company’s financial progress and position. The media has shown its value in providing market information and educating the public on matters of investment but there is also a need for enhanced financial journalism in the country. Taxation does not appear to have any significant effect on personal share ownership in Nigeria. The large majority of the respondents showed their ignorance of tax rate on dividends. This may be partly because the tax on dividends was relatively small at the time of the survey (1992) and did not warrant serious consideration by the private investors whose size of share ownership is normally small. The effects of the background characteristics of the respondents, (education and training, portfolio holdings, number of shareholdings, frequency of contact with stockbrokers, and years of experience of share ownership) did have an effect on people’s understanding of listed companies. With the exception of the size of shareholdings and years of experience of share ownership all the presented variables have a significant influence on the respondents’ understanding of listed companies (see Table 9). Training in business and/or finance has no significant influence on the method of taking investment decisions. Both respondents with significant training and those who had little or no training in business and/or finance appeared to rely on their own initiative when taking investment decisions. It is also clear that, although the majority of the respondents expressed their satisfaction with the services rendered by the Stock Exchange, a great many respondents seem to have reservations on the efficacy of the services of the stock exchange and the market in general.

The article deals with the problem of the transformation of maritime ports' property institutes, the relevance of which is confirmed in the program documents of the Government: the National transport strategy of Ukraine for the period up to 2030, the Agreement on the coalition of deputy factions «European Ukraine», the requirements of the International Monetary Fund.The purpose of the article is to investigate the impact of the transformation of the ports of Ukraine ownership on the efficiency of their activities, the peculiarities of various forms of public-private partnership (concessions, privatization, lease) for the development of stevedoring campaigns.On the basis of statistical data of general, import and export volumes of cargo handling at sea ports of Ukraine, the dynamics and calculated proportion of stevedoring companies of state, private and leasehold ownership in the period 2015-2018 have been formed. It has been proved that privatization processes help to increase the effectiveness of the stevedoring campaigns.In accordance with the Law of Ukraine dated January 18, 2018, No. 2269-VIII «On Privatization of State and Communal Property», the option of privatization of stevedoring campaigns as objects of large privatization in an auction with conditions is considered (auction, the winner of which is not only the bidder who offered the largest price, but also the one who agreed to accept additional privatization conditions).The most progressive form of operation of stevedoring campaigns is the lease of berths with their subsequent concession. However, there are three reservations: the impossibility of transferring a single port to a single company by concession, without thereby violating the rights of all other tenants and investors; politicization of the process of transferring objects to a concession; the advantage will be large foreign companies that are already leasing complexes. It is necessary to carefully approach the process of transformation of property institutions, to take into account the cost, size, volumes and range of goods processed by the stevedoring campaign.

The customized bus (CB) is an innovative and environmental supplementary mode of public transport, providing demand-responsive and user-oriented service to specific passenger groups with similar travel demands, especially commuters, based on online reservations. However, sufficient travel demand is essential for the successful operation of CB. The purpose of this study is to analyze the factors influencing the attraction of CB to commuters, which is tied to the ordered mode shift decisions, do no transfer to CB, remain undecided, and transfer to CB. A combination of revealed preference (RP) survey and stated preference (SP) survey is conducted among commuters in Beijing through online and offline questionnaire, collecting 1304 valid commuting demands. The ordered logit (OL) model and two-level mixed-effect ordered logit (MEOL) model are used to estimate the variable effects and the difference in five commute modes, including car, taxi, bus, rail, bus + rail, is considered. Common variables significantly influencing the transfer decision in all groups are specified in models, including familiarity to CB, seat availability, and gender. Meanwhile, travel cost, travel time, and transfer time of the current travel mode have positive effects on the attraction of CB. In addition, car ownership and accessibility to bus stations also influence the attraction of CB to certain group commuters. This paper can provide references to CB operators for formulating differentiation strategies and attracting more passengers in Beijing.

Preparations for the adoption of the new Law on Cultural Values Protection, its discussion and debates, that seriously puzzled the German Government, and also caused acute criticism from the representatives of the world of art are analyzed. Attention is focused on approaches to the important and quite complex in this regard issue concerning preservation of illegal movement of cultural objects that belong to the cultural heritage of the state. The main purpose of the bill is to enhance the protection of cultural property and effectively combat the illicit trafficking of them. The intentions of the Federal Government to integrate pre-existing laws in the field of cultural values into one law are very important. The main principles of the law in the new edition are protection from being sold overseas collections of state museums, including exhibits from private ownership that are in museums temporarily. It is highlighted that under current legislation, in each federal state of art and other cultural treasures, including libraries, must be entered in the register of national cultural values. These items have privileges in taxation, their export outside Germany requires special permission from the Ministry of Internal Affairs of Germany, which can be stipulated for a number of restrictions and reservations. In the article it is underlined that he XXI century has set new challenges and tasks for German scientists that require operational, but balanced approach in their solution.

Purpose – Existing studies on corporate governance mainly focus on how a strong governance system enhances the valuation of firms with cash holding or free cash flow agency problem. The aims of this paper are threefold. First, it investigates the impact of surplus free cash flows (SFCF) on earnings predictability. Second, it investigates whether corporate governance variables moderate the negative impact of SFCF on earnings predictability. Finally, this study examines whether the ability of corporate governance to mitigate SFCF and improve the predictive value of earnings varies between large and small firms. Design/methodology/approach – This paper uses heteroskedasticity-corrected least square regressions upon a sample of Malaysian listed firms. Findings – This paper finds that firms with high SFCF experience less earnings predictability. It also indicates that earnings of firms with high SFCF are more predictable when institutional investors hold a large stake of shares and when a chairperson is independent. Finally, this paper reveals that the role of institutional and managerial ownership in mitigating agency conflict of free cash flow and improving earnings predictability is more prominent in larger firms. This study implies that investors still have reservations about the ability of boards to enhance earnings numbers in Malaysia, although efforts were taken to reform the corporate governance mechanisms following the Asian financial crisis. Originality/value – This research is considered as the first attempt to examine the relationships between SFCF, corporate governance, firm size, and earnings predictability in a developing county such as Malaysia. The findings of this paper serve as a wake-up call to policy makers to evaluate the importance of governance structure in enhancing earnings predictability in emerging economies.

Occupied Jammu and Kashmir is not the only state in the Indian constitution with special status but in addition to Article 370, there is also an Article 371 in the Indian Constitution which has 10 sub-clauses that give special status to other 9 states and territories. The nature of relations of these states is explained in these clauses of article 371 which is very helpful to understand article 370 of the Indian constitution. As far as Kashmir and Article 370 are concerned, the Indian government of Narendra Modi has axed the Indian position itself as all other states with constitutional guarantees are suspicious about their future in the Indian union. By repealing Article 370, Indian Prime Minister Narendra Modi has brought to an end the false or true annexation of Kashmir with India. Thus, if there was any annexation of Kashmir with India, Indian Prime Minister Narendra Modi had cut down that relation on 5 August 2019. Article 370 is not a myth, it is a historical fact as Article 370 specifies that apart from Foreign Affairs, Defense, Communications and subsidiary matters (matters that were specified in the Instrument of Accession to India), in all other matters and subjects Parliament of India needs the approval of assembly of the people of Kashmir. Thus, Kashmir residents lived under a distinct set of laws, together with those linked to fundamental rights, citizenship, and ownership of property as compared to other citizens of India. Occupied Jammu and Kashmir were the only states to be stripped of its status of special unite of Indian federation. As of August 5, 2019, India had 29 states in principle, but with the repeal of Article 370, there are now 28 states. Prime Minister Narendra Modi’s actions regarding Occupied Jammu and Kashmir have raised concerns in these 28 states especially the states with special status like Kashmir. These concerns and reservations will sow the seeds of insincerity in the Indian Union. Expressing concern over national security, the Indian Home Ministry spokesman said separatist activities were on the rise in 200 of the country's 600 districts. Not only separatist movements but racial conflicts and caste disputes have increased after the August 5 action in Kashmir. The main reason for this unrest in India is that the states with special status under article 370 and 371 have started to ponder the federation of India as a union that is established through a system of repression. In the intellectual circles, these development are not normal as intellectuals of India are not happy with the approach of Indian Prime Minister Narendra Modi as they are taking it dangerous for the federation of India that will be left with no confidence of the federating unite.

Purpose – This paper aims to investigate residents’ perceptions of risk towards owning and living in residential property in Christchurch subsequent to the 2010 and 2011 Canterbury earthquakes to identify how these perceptions impact on the price residents are willing to pay for affected property. Such market behaviour can motivate homeowners to adopt risk mitigation measures. Design/methodology/approach – An online survey was developed and the Web link distributed to Canterbury residents via the media. This method of distribution was adopted, as a postal survey was not possible due to the number of homes that had been destroyed by the earthquakes and the highly transient nature of the community as a result. Findings – The results indicate that with the recent earthquake experience, residents are demonstrating risk mitigation behaviours through an aversion to investing in properties affected by, or with a risk of, liquefaction. Specifically, the majority of respondents had strong reservations about buying Technical Category 3 property, and would be prepared to pay 20 per cent (or > 20 per cent) less for it, indicating some stigma towards affected property. Further, most respondents would now prefer the construction of their home to be of a type that fared better in the earthquakes: lightweight, single-storey, with a concrete slab foundation. These housing preferences will likely drive the market towards the adoption of risk mitigation measures in the retrofit of existing homes as well as in the design and construction of new homes. Research limitations/implications – Due to the number of homes that had been destroyed by the earthquakes and the highly transient nature of the community as a result, probability sampling was not possible. This, together with the low response rate, means that the respondents surveyed may not be representative of the Christchurch population. Practical implications – The outcomes of this research will be of interest not only to homeowners wanting to know how their home’s value has been impacted by market perceptions towards earthquake and liquefaction damage, particularly in the worst-affected areas, but also the rating valuers tasked with assessing property values for rating purposes. Property developers and builders involved in the repair of existing homes and construction of new homes will also want to know current market preferences. Government bodies will find the results informative of how the media has, and can be used, to motivate market behaviour towards risk mitigation, particularly in regard to “material risk” (as described in Solberg et al., 2010), that is risk from a scientific and technical viewpoint of probability of future risk, and as related to what has become known about these risks in terms of building structure, height, age, soil type/land categories and flood zones. Further, the results provide a gauge of how the community perceived the handling of the recovery process, so that the weaknesses highlighted can be addressed, which will help restore community trust. Originality/value – This study fills a research void on the impact of residents’ perceptions of risk towards home ownership in a city impacted by significant earthquakes and resulting liquefaction.

Abstract Does land fragmentation impair spatially expansive natural resource use? We conduct empirical tests using ownership variation on the Bakken, one of the world's most valuable shale oil reserves. Long before shale was discovered, U.S. policies created a mosaic of private, jointly owned, and tribal government parcels on the Fort Berthold Indian Reservation. We find that all three forms of fragmentation reduced production during the 2010–2015 oil boom, especially joint ownership and the interspersion of small parcels of government and private land. We estimate implied gains from consolidation and discuss implications for the use (or conservation) of other spatially expansive resources.

Abstract In May 2020, the first Chinese Civil Code was enacted. This Civil Code incorporates several modifications of the law of secured transactions concerning corporeal movables and receivables. These modifications are made under the influence not only of international conventions, model laws, and legislative guides by the International Institute for the Unification of Private Law and the United Nations Commission on International Trade Law but also of overseas legislation, especially Article 9 of the Uniform Commercial Code. First, a semi-functional approach is taken by the Civil Code. The security agreement includes, in addition to typical security contracts, ‘other contracts having a function of security’. Consequently, the rules concerning the property right of charge (hypothec) are also applicable to reservation of ownership, financial lease, factoring, and other security interests, provided that there is no lex specialis. This leaves a larger space of autonomy for individual parties. Moreover, the new Civil Code intends to construct a more inclusive register by requiring reservation of ownership, financial lease, factoring, and other types of security rights to be registered to be effective against third parties. The future register for ordinary corporeal movables and claims will very possibly be a notice-filing system.

Urbanization has inflated populace. This has upsurged traffic and pollution turning traffic management into a tangible reality. Gazillions of people around the globe prefer ownership of private vehicles over public mode of transportation. There is an imbalance between the available parking space and demand. The proposed Internet-of-Things (IoT) based nifty parking information system (IPIS) module is deployed on-site to monitor vehicles, signal the availability of parking space to the user, facilitate reservation of the parking slot and thereby reduce the time in finding the parking slot. MIT App Inventor creates applications on Android operating system to facilitate slot reservation for authenticated users. IPIS integrates IoT based Raspberry Pi module with the mobile Application to design an eased parking system operable with minimal energy. The user details are recorded in a server database. Based on this, an RFID tag permits user entry and exit into the parking slot. A Raspberry-Pi(R-Pi) camera module captures the license plate image and uses image recognition algorithm to match the license plate of the vehicle with the database, authenticates and then allows the member to park his vehicle in the respective slot. IPIS provides highly secured, double verified user vehicle authentication. The Raspberry- Pi also adjusts the intensity of the lights using machine learning based on the density of the traffic recorded by the camera module. This research focuses on slot reservation for authenticated users, providing map guidance to the booked slot, maximizing slot utilization, facilitating with vehicle and user timestamp transit details in real time for surveillance, conserving parking slot light energy utilization while regulating the cars through parking spaces and also performs predictive analysis on evaluating the optimum distance between the camera and number plate for recognition and power dissipation.

Abstract Our analysis (Baucells and Lippman [2001]) of the problem of legal hold-up in co-ownership, in which legal partition is the only remedy to force a sale, proceeded as if a sale of the asset could be effected at any time at a fixed price if the cotenants agree. Here we utilize the more realistic assumption that potential buyers appear intermittently (in accord with a Poisson process and that the price offered is drawn from a specified distribution). In applying the Nash bargaining solution, we select the disagreement point in accord either with Nash's methodology of rational threats or with reservation values. While neither methodology for selecting the disagreement point produces a credible threat when the agents incur legal costs, we argue that the rational threats approach produces more reasonable answers. Our main analysis considers the impact of a Poisson arrival of offers and an exponential time to court upon the optimal bargaining strategies of the cotenants.

AbstractState ownership, worker ownership, and household ownership are the three main forms in which productive assets (firms) can be held. I argue that worker ownership is not wise in economies with high capital-labor ratios, for it forces the worker to concentrate all her assets in one firm. I review the coupon economy that I proposed in 1994, and express reservations that it could work: greedy people would be able to circumvent its purpose of preventing the concentration of corporate wealth. Although extremely high corporate salaries are the norm today, I argue these are competitive and market determined, a consequence of the gargantuan size of firms. It would, however, be possible to tax such salaries at high rates, because the labor - supply response would be small. The social-democratic model remains the best one, to date, for producing a relatively egalitarian outcome, and it relies on solidarity, redistribution, and private ownership of firms. Whether a solidaristic social ethos can develop without a conflagration, such as the second world war, which not only united populations in the war effort, but also wiped out substantial middle-class wealth in Europe - thus engendering the post-war movement towards social - insurance is an open question.

Introduction Many anthropologists and other academics have attempted to argue that the spread of technology is a global homogenising force, socialising the remaining indigenous groups across the planet into an indistinct Western "monoculture" focussed on consumption, where they are rapidly losing their cultural distinctiveness. In many cases, these intellectuals -– people such as Jerry Mander -- often blame the diffusion of television (particularly through new innovations that are allowing it to penetrate further into rural areas, such as satellite and cable) as a key force in the effort to "assimilate" indigenous groups and eradicate their unique identities. Such writers suggest that indigenous groups can do nothing to resist the onslaught of the technologically, economically, and aesthetically superior power of Western television. Ironically, while often protesting the plight of indigenous groups and heralding their need for cultural survival, these authors often fail to recognise these groups’ abilities to fend for themselves and preserve their cultural integrity. On the other side of the debate are visual anthropologists and others who are arguing that indigenous groups are quickly becoming savvy to Western technologies, and that they are now using them for cultural revitalisation, linguistic revival, and the creation of outlets for the indigenous voice. In this school of thought, technology is seen not so much as a threat to indigenous groups, but instead as a remarkable opportunity to reverse the misfortunes of these groups at the hands of colonisation and national programmes of attempted assimilation. From this perspective, the rush of indigenous groups to adopt new technologies comes hand-in-hand with recent efforts to assert their tribal sovereignty and their independence. Technology has become a "weapon" in their struggle for technological autonomy. As a result, many are starting their own television stations and networks, and thus transforming the way television operates in their societies -– away from global monocultures and toward local interests. I hypothesise that in fact there is no correlation between television viewing and acculturation, and that, in fact, the more familiar people are with the technology of television and the current way the technology is utilised, the more likely they are to be interested in using it to revive and promote their own culture. Whatever slight negative effect exists depends on the degree to which local people can understand and redirect how that technology is used within their own cultural context. However, it should be stated that for terms of this investigation, I consider the technologies of "video" and "television" to be identical. One is the recording aspect, and the other the distribution aspect, of the same technology. Once people become aware that they can control what is on the television screen through the instrumentality of video, they immediately begin attempting to assert cultural values through it. And this is precisely what is going on on the Cheyenne River Reservation. This project is significant because the phenomenon of globalisation is real and Western technologies such as video, radio, and PCs are spreading throughout the world, including the "Fourth World" of the planet’s indigenous peoples. However, in order to deal with the phenomenon of globalisation, anthropologists and others may need to deal more realistically with the phenomenon of technological diffusion, which operates far less simply than they might assume. Well-meaning anthropologists seeking to "protect" indigenous groups from the "invasion" of technologies which will change their way of life may be doing these groups a disservice. If they turned some of their effort away from fending off these technologies and toward teaching indigenous groups how to use them, perhaps they might have a better result in creating a better future for them. I hope this study will show a more productive model for dealing with technological diffusion and what effects it has on cultural change in indigenous societies. There have been very few authors that have dealt with this topic head-on. One of the first to do so was Pace (1993), who suggested that some Brazilian Indians were acculturating more quickly as a result of television finally coming to their remote villages in the 1960s. Molohon (1984) looked at two Cree communities, and found that the one which had more heavy television viewing was culturally closer to its neighboring white towns. Zimmerman (1996) fingered television as one of the key elements in causing Indian teenagers to lose their sense of identity, thus putting them at higher risk for suicide. Gillespie (1995) argued that television is actually a ‘weapon’ of national states everywhere in their efforts to assimilate and socialise indigenous and other ethnic minority groups. In contrast, authors like Weiner (1997), Straubhaar (1991), and Graburn (1982) have all critiqued these approaches, suggesting that they deny subjectivity and critical thinking to indigenous TV audiences. Each of these researchers suggest, based on their field work, that indigenous people are no more likely than anybody else to believe that the things they see on television are true, and no more likely to adopt the values or worldviews promoted by Western TV programmers and advertisers. In fact, Graburn has observed that the Inuit became so disgusted with what they saw on Canadian national television, that they went out and started their own TV network in an effort to provide their people with meaningful alternatives on their screens. Bell (1995) sounds a cautionary note against studies like Graburn’s, noting that the efforts of indigenous New Zealanders to create their own TV programming for local markets failed, largely because they were crowded out by the "media imperialism" of outside international television. Although the indigenous groups there tried to put their own faces on the screen, many local viewers preferred to see the faces of J.R. Ewing and company, and lowered the ratings share of these efforts. Salween (1991) thinks that global media "cultural imperialism" is real -– that it is an objective pursued by international television marketers -– and suggests a media effects approach might be the best way to see whether it works. Woll (1987) notes that historically many ethnic groups have formed their self-images based on the way they have been portrayed onscreen, and that so far these portrayals have been far from sympathetic. In fact, even once these groups started their own cinemas or TV programmes, they unconsciously perpetuated stereotypes first foisted on them by other people. This study tends to side with those who have observed that indigenous people do not tend to "roll over" in the wake of the onslaught of Western television. Although cautionary studies need to be examined carefully, this research will posit that although the dominant forces controlling TV are antithetical to indigenous groups and their goals, the efforts of indigenous people to take control of their TV screens and their own "media literacy" are also increasing. Thus, this study should contribute to the viewpoint that perhaps the best way to save indigenous groups from cultural eradication is to give them access to television and show them how to set up their own stations and distribute their own video programming. In fact, it appears to be the case that TV, the Internet, and electronic 'new media' are helping to foster a process of cultural renewal, not just among the Lakota, but also among the Inuit, the Australian aborigines, and other indigenous groups. These new technologies are helping them renew their native languages, cultural values, and ceremonial traditions, sometimes by giving them new vehicles and forms. Methods The research for this project was conducted on the Cheyenne River Sioux Reservation headquartered in Eagle Butte, South Dakota. Participants chosen for this project were Lakota Sioux who were of the age of consent (18 or older) and who were tribal members living on the reservation. They were given a survey which consisted of five components: a demographic question section identifying their age, gender, and individual data; a technology question section identifying what technologies they had in their home; a TV question section measuring the amount of television they watched; an acculturation question section determining their comparative level of acculturation; and a cultural knowledge question section determining their knowledge of Lakota history. This questionnaire was often followed up by unstructured ethnographic interviews. Thirty-three people of mixed age and gender were given this questionnaire, and for the purposes of this research paper, I focussed primarily on their responses dealing with television and acculturation. These people were chosen through strictly random sampling based on picking addresses at random from the phone book and visiting their houses. The television section asked specifically how many hours of TV they watched per day and per week, what shows they watched, what kinds of shows they preferred, and what rooms in their home had TVs. The acculturation section asked them questions such as how much they used the Lakota language, how close their values were to Lakota values, and how much participation they had in traditional indigenous rituals and customs. To assure open and honest responses, each participant filled out a consent form, and was promised anonymity of their answers. To avoid data contamination, I remained with each person until they completed the questionnaire. For my data analysis, I attempted to determine if there was any correlation (Pearson’s coefficient r of correlation) between such things as hours of TV viewed per week or years of TV ownership with such things as the number of traditional ceremonies they attended in the past year, the number of non-traditional Lakota values they had, their fluency in the Lakota language, their level of cultural knowledge, or the number of traditional practices and customs they had engaged in in their lives. Through simple statistical tests, I determined whether television viewing had any impact on these variables which were reasonable proxies for level of acculturation. Findings Having chosen two independent variables, hours of TV watched per week, and years of TV ownership, I tested if there was any significant correlation between them and the dependent variables of Lakota peoples’ level of cultural knowledge, participation in traditional practices, conformity of values to non-Lakota or non-traditional values, fluency in Lakota, and participation in traditional ceremonies (Table 1). These variables all seemed like reasonable proxies for acculturation since acculturated Lakota would know less of their own culture, go to fewer ceremonies, and so on. The cultural knowledge score was based on how many complete answers the respondents knew to ‘fill in the blank’ questions regarding Lakota history, historical figures, and important events. Participation in traditional practices was based on how many items they marked in a survey of whether or not they had ever raised a tipi, used traditional medicine, etc. The score for conformity to non-Lakota values was based on how many items they marked with a contrary answer to the emic Lakota value system ("the seven Ws".) Lakota fluency was based on how well they could speak, write, or use the Lakota language. And ceremonial attendance was based on the number of traditional ceremonies they had attended in the past year. There were no significant correlations between either of these TV-related variables and these indexes of acculturation. Table 1. R-Scores (Pearson’s Coefficient of Correlation) between Variables Representing Television and Acculturation R-SCORES Cultural Knowledge Traditional Practices Modern Values Lakota Fluency Ceremonial Attendance Years Owning TV 0.1399 -0.0445 -0.4646 -0.0660 0.1465 Hours of TV/Week -0.3414 -0.2640 -0.2798 -0.3349 0.2048 The strongest correlation was between the number of years the Lakota person owned a television, and the number of non-Lakota (or ‘modern Western’) values they held in their value system. But even that correlation was pretty weak, and nowhere near the r-score of other linear correlations, such as between their age and the number of children they had. How much television Lakota people watched did not seem to have any influence on how much cultural knowledge they knew, how many traditional practices they had participated in, how many non-Lakota values they held, how well they spoke or used the Lakota language, or how many ceremonies they attended. Even though there does not appear to be anything unusual about their television preferences, and in general they are watching the same shows as other non-Lakota people on the reservation, they are not becoming more acculturated as a result of their exposure to television. Although the Lakota people may be losing aspects of their culture, language, and traditions, other causes seem to be at the forefront than television. I also found that people who were very interested in television production as well as consumption saw this as a tool for putting more Lakota-oriented programs on the air. The more they knew about how television worked, the more they were interested in using it as a tool in their own community. And where I was working at the Cultural Center, there was an effort to videotape many community and cultural events. The Center had a massive archive of videotaped material, but unfortunately while they had faithfully recorded all kinds of cultural events, many of them were not quite "broadcast ready". There was more focus on showing these video programmes, especially oral history interviews with elders, on VCRs in the school system, and in integrating them into various kinds of multimedia and hypermedia. While the Cultural Center had begun broadcasting (remotely through a radio modem) a weekly radio show, ‘Wakpa Waste’ (Good Morning CRST), on the radio station to the north, KLND-Standing Rock, there had never been any forays into TV broadcasting. The Cultural Center director had looked into the feasibility of putting up a television signal transmission tower, and had applied for a grant to erect one, but that grant was denied. The local cable system in Eagle Butte unfortunately lacked the technology to carry true "local access" programming; although the Channel 8 of the system carried CRST News and text announcements, there was no open channel available to carry locally produced public access programming. The way the cable system was set up, it was purely a "relay" or feed from news and channels from elsewhere. Also, people were investing heavily in satellite systems, especially the new DBS (direct broadcast satellite) receivers, and would not be able to pick up local access programmes anyway. The main problem hindering the Lakotas’ efforts to preserve their culture through TV and video was lack of access to broadcast distribution technology. They had the interest, the means, and the stock of programming to put on the air. They had the production and editing equipment, although not the studios to do a "live" show. Were they able to have more local access to and control over TV distribution technology, they would have a potent "arsenal" for resisting the drastic acculturation their community is undergoing. TV has the potential to be a tool for great cultural revitalisation, but because the technology and know-how for producing it was located elsewhere, the Lakotas could not benefit from it. Discussion I hypothesised that the effects if TV viewing on levels of indigenous acculturation would be negligible. The data support my hypothesis that TV does not seem to have a major correlation with other indices of acculturation. Previous studies by anthropologists such as Pace and Molohon suggested that TV was a key determinant in the acculturation of indigenous people in Brazil and the U.S. -– this being the theory of cultural imperialism. However, this research suggests that TV’s effect on the decline of indigenous culture is weak and inconclusive. In fact, the qualitative data suggest that the Lakota most familiar with TV are also the most interested in using it as a tool for cultural preservation. Although the CRST Lakota currently lack the means for mass broadcast of cultural programming, there is great interest in it, and new technologies such as the Internet and micro-broadcast may give them the means. There are other examples of this phenomenon worldwide, which suggest that the Lakota experience is not unique. In recent years, Australian Aborigines, Canadian Inuit, and Brazilian Kayapo have each begun ambitious efforts in creating satellite-based television networks that allow them to reach their far-flung populations with programming in their own indigenous language. In Australia, Aboriginal activists have created music television programming which has helped them assert their position in land claims disputes with the Australian government (Michaels 1994), and also to educate the Europeans of Australia about the aboriginal way of life. In Canada, the Inuit have also created satellite TV networks which are indigenous-owned and operated and carry traditional cultural programming (Valaskakis 1992). Like the Aborigines and the Inuit, the Lakota through their HVJ Lakota Cultural Center are beginning to create their own radio and video programming on a smaller scale, but are beginning to examine using the reservation's cable network to carry some of this material. Since my quantitative survey included only 33 respondents, the data are not as robust as would be determined from a larger sample. However, ethnographic interviews focussing on how people approach TV, as well as other qualitative data, support the inferences of the quantitative research. It is not clear that my work with the Lakota is necessarily generalisable to other populations. Practically, it does suggest that anthropologists interested in cultural and linguistic preservation should strive to increase indigenous access to, and control of, TV production technology. ‘Protecting’ indigenous groups from new technologies may cause more harm than good. Future applied anthropologists should work with the ‘natives’ and help teach them how to adopt and adapt this technology for their own purposes. Although this is a matter that I deal with more intensively in my dissertation, it also appears to me to be the case that, contrary to the warnings of Mander, many indigenous cultures are not being culturally assimilated by media technology, but instead are assimilating the technology into their own particular cultural contexts. The technology is part of a process of revitalisation or renewal -- although there is a definite process of change and adaptation underway, this actually represents an 'updating' of old cultural practices for new situations in an attempt to make them viable for the modern situation. Indeed, I think that the Internet, globally, is allowing indigenous people to reassert themselves as a Fourth World "power bloc" on the world stage, as linkages are being formed between Saami, Maya, Lakota, Kayapo, Inuit, and Aborigines. Further research should focus on: why TV seems to have a greater acculturative influence on certain indigenous groups rather than others; whether indigenous people can truly compete equally in the broadcast "marketplace" with Western cultural programming; and whether attempts to quantify the success of TV/video technology in cultural preservation and revival can truly demonstrate that this technology plays a positive role. In conclusion, social scientists may need to take a sidelong look at why precisely they have been such strong critics of introducing new technologies into indigenous societies. There is a better role that they can play –- that of technology ‘broker’. They can cooperate with indigenous groups, serving to facilitate the exchange of knowledge, expertise, and technology between them and the majority society. References Bell, Avril. "'An Endangered Species’: Local Programming in the New Zealand Television Market." Media, Culture & Society 17.1 (1995): 182-202. Gillespie, Marie. Television, Ethnicity, and Cultural Change. New York: Routledge, 1995. Graburn, Nelson. "Television and the Canadian Inuit". Inuit Etudes 6.2 (1982): 7-24. Michaels, Eric. Bad Aboriginal Art: Tradition, Media, and Technological Horizons. Minneapolis: U of Minnesota P, 1994. Molohon, K.T. "Responses to Television in Two Swampy Cree Communities on the West James Bay." Kroeber Anthropology Society Papers 63/64 (1982): 95-103. Pace, Richard. "First-Time Televiewing in Amazonia: Television Acculturation in Gurupa, Brazil." Ethnology 32.1 (1993): 187-206. Salween, Michael. "Cultural Imperialism: A Media Effects Approach." Critical Studies in Mass Communication 8.2 (1991): 29-39. Straubhaar, J. "Beyond Media Imperialism: Asymmetrical Interdependence and Cultural Proximity". Critical Studies in Mass Communication 8.1 (1991): 39-70. Valaskakis, Gail. "Communication, Culture, and Technology: Satellites and Northern Native Broadcasting in Canada". Ethnic Minority Media: An International Perspective. Newbury Park: Sage Publications, 1992. Weiner, J. "Televisualist Anthropology: Representation, Aesthetics, Politics." Current Anthropology 38.3 (1997): 197-236. Woll, Allen. Ethnic and Racial Images in American Film and Television: Historical Essays and Bibliography. New York: Garland Press, 1987. Zimmerman, M. "The Development of a Measure of Enculturation for Native American Youth." American Journal of Community Psychology 24.1 (1996): 295-311. Citation reference for this article MLA style: Steven Mizrach. "Natives on the Electronic Frontier: Television and Cultural Change on the Cheyenne River Sioux Reservation." M/C: A Journal of Media and Culture 3.6 (2000). [your date of access] <http://www.api-network.com/mc/0012/natives.php>. Chicago style: Steven Mizrach, "Natives on the Electronic Frontier: Television and Cultural Change on the Cheyenne River Sioux Reservation," M/C: A Journal of Media and Culture 3, no. 6 (2000), <http://www.api-network.com/mc/0012/natives.php> ([your date of access]). APA style: Steven Mizrach. (2000) Natives on the electronic frontier: television and cultural change on the Cheyenne River Sioux Reservation. M/C: A Journal of Media and Culture 3(6). <http://www.api-network.com/mc/0012/natives.php> ([your date of access]).

AbstractRoman retention of title clauses as retention of possession. It is the dominant view that Roman law did not know retention of title clauses (pactum reservati dominii) which is, accordingly, considered to be an invention of the medieval ius commune. This opinion is true to the extent that retention of title was inefficient from the Roman point of view because the buyer as possessor was always in the position of acquiring ownership by acquisitive prescription (usucapio), the requirement of good faith being met in these instances. The Roman lawyers, therefore, devised different means to make sure that the buyer would get the use of the sold good (detentio) without becoming possessor thus preventing the dreaded usucapio. This ‘retention of possession’ (Besitzvorbehalt) is the Roman functional equivalent to modern retention of title.

This presentation looks at some of the main pillars of language revitalisation suggested by Fishman et al, and how they can be transposed on to an indigenous platform. With Critical Language Awareness, Status Planning, Acquisition Planning and Implementation being the main pillars; the paper explores how these can be translated in to a Māori model. As a reference point, I will look at my own two tribes from the northern part of New Zealand. Patukoraha and Te Whanau Moana, who have experienced severe language loss as evidenced by the depleting numbers of speakers of the reo in contexts such as marae, local meeting house, home, community events etc. A language revitalisation strategy is explored as a way to support these hapū to reverse language shift and the decline of competent speakers and return the language to its appropriate and rightful place in the cultural and social place as the essence of Māoritanga, and integral component of cultural identity. Using both the pillars and Mātāpono Māori, Māori principles of Rangatiratanga, ownership, Whanaungatanga, kinship ties, Kaitiakitanga, guardianship, and Rāhu/Takwai, reservations, and with a base grounded in Whakapapa, genealogical ties, the symbolic nature of a Wheke, octopus (a local guardian totem) was drawn forth. With each arm representing a particular facet, this symbolism, exposes the fundamental aspect that each arm moves independently, but ultimately all ensure the survival of the octopus, relating to the proverb: “one hand washes the other, both wash the face”.

The recent threats to a presumed international order posed by acts of heightened terrorism have overshadowed the promise of an emergent order evoked by such concepts as ‘the third way’ and ‘the knowledge society’. Part of the problem with these notions is that they have resonance for only a fairly selective group of intellectuals. Additionally, the terms are somewhat amorphous, so they have not achieved secure purchase in the popular media. But their meanings are not necessarily cancelled by the disordering events of political extremism, worrying as those events are. In the domestic policies of governments, and in workplaces, these other calls to (a beneficent) order continue to be heard and acted upon. The questions are those one must ask of any putative order: what kind of order is it, and is it really beneficial? It is perhaps all the more important to ask these questions when we might be otherwise distracted by the more dramatic events. The End of History? Both the knowledge society and the third way are variations on the ‘end of history’ thesis proposed by the US political scientist, Francis Fukuyama, after the collapse of the Soviet Union. For Fukuyama, as is by now well known, this collapse (for him of Marxism or communism, not just of the Soviet Union) ushered in the triumph of liberalism and capitalism as practiced in the United States and other Western-style democracies. In the third way thesis, as propounded by Anthony Giddens and others, a similar conviction about the bankruptcy of Marxism is accompanied by a more tempered view of liberal capitalism. The third way is, in practice, a middle path between the two, one which recognizes the need for State intervention, not only to condition and discipline the market – which left to its own devices will inevitably have detrimental social effects – but also to facilitate optimum participation in society generally. Hence, the focus of governments on what they call ‘capacity building’, which strongly emphasizes education and training amongst their responsibilities. As a result, the antithesis between communism and capitalism can now appear to have been resolved in a higher synthesis, leaving no room for further dramatic shifts in social organization. The knowledge society – formerly and still sometimes referred to as ‘the knowledge economy’ – has a similar ‘end of history’ flavor because it promises to resolve or at least ameliorate class conflict. It is based on the idea that, increasingly, machines can perform repetitive work, and that basic necessities can be easily met in modern economies. This creates ample scope for product differentiation (niche marketing) and for the provision of cultural goods – entertainment and so on. Everybody will have the opportunity to learn and apply knowledge, and therefore find fulfilling work. Everybody will have the capacity to innovate, and therefore improve the company’s performance, by which each person gains satisfaction and a stake in the future of the business. Technology is also frequently evoked: the interactive new media are said to be particularly amenable to knowledge sharing and innovation. At least in theory, the knowledge society can itself be seen as a third way, or meeting point, between economics and culture, science and arts; and therefore all disciplines, all areas of education and training, are equally important to future social and economic wellbeing. Both these notions have their clear attractions, and can be logically argued to institute improvements on previous orders. But how fully can they achieve their promises, or more importantly, are their promised benefits not just logical entailments but reasonably certain consequences of their social realization? Or can this new order be exploited to the same ends as previous orders? In this short essay, I can do no more than signal a few warnings or reservations concerning the promises that have been made. Social Unity? First of all, both concepts appeal to a putative unity of society, typically grounded in such notions as ‘social capital’ or ‘civil society’. This is problematic, if it is suspected that such unity is a chimera, impossible to achieve, and indeed a dangerous ambition in that it licenses the powerful to find a scapegoat for its elusiveness. Glyn Daly sums the situation up as follows: In every attempt to command the social terrain – to create an antagonism-free new order – various culprits are identified and made responsible for the original loss, or theft, of the fantastical object: Society, Harmony, Salvation, etc. Indeed, the very construction(s) of the social might be understood as a never-ending attempt to solve the original ‘crime’: to identify who has possession of the lost/stolen objects that would enable the full realization/representation of ‘us’. (79) So today, in my own country, New Zealand, we are given a false picture of a nation that lacks enterprise, drives away its best young intellects, can’t convert ideas into business reality, and so on. That paradise of the past when we ‘punched above our weight’, produced Nobel Prize winners and dominated the world in sports, has been stolen away from us. But all around is evidence that is at least partially to the contrary (it is also a fact that it is a big world, and the rest of it is catching up to our once privileged position). Any edition of the Dominion Post’s technology supplement, Info Tech Weekly, is bursting with technological and new media success stories: new start-ups, joint ventures, profitable sellouts, investment from overseas, revolutionary software, value-added agricultural products. Some of these crash and burn: contrary to the myth about the over-gentle, risk-averse New Zealanders, this is sometimes the result of brashness, rashness, and arrogance. New Artisans? Secondly, similar promises about new and improved orders of capitalism have been made before, but the situation was turned to the advantage of capital. In his book on Walter Benjamin, Julian Roberts refers to the ‘cooperative patterns of control’ implied by technology in the new order emerging between the wars. The production management systems that came to be known as Taylorism and Fordism, for example, by instituting processes based on the division of labor, ensured – in theory – that all participants in production were mutually dependent and therefore in some sense equal. Roberts suggests that these new arrangements threatened the old dispensation centered on private ownership of the means of production, and corrective action was not long following. ‘In order to retain this ownership, capitalism . . . resorted to a number of stratagems of which the most important was the division of the world into thinkers and doers, directors and directed, controllers and controlled’ (170). Does contemporary technology, particularly the advent of computers and the Internet as a significant means of production, imply a change in the pattern of control? Conceivably, computer technology and virtual knowledge products (software, etc.) could facilitate a return to a widespread artisan-like mode of production, and we see this to some extent in the new start-ups based on one or a few individuals, engaged in small-scale production. But we have also already seen that where these new enterprises are successful, they tend to expand and subsume, or are bought out by larger concerns. Significantly, we are in a business climate that remains strongly pro-growth, a feature of which is the repeated exhortation of self-employed or small firms to expand, to gear up to an export level of production. In the dissemination of this entrepreneurial message, the business media, which have themselves multiplied in recent years, have played a prominent role. Diverse and Mutually Enriching Knowledges? The concept of knowledge society has come to privilege science and technology. In the news media, as influenced by powerful interests, knowledge society and science and technology are more or less conflated. They are as well in the minds of important people, including those in the all-important research-funding bodies. A pertinent example in New Zealand is the Foundation for Research, Science and Technology. While official foundation publicity is relatively embracing of different approaches to knowledge – ‘the concept of a knowledge society includes the creation, distribution and application of new knowledge to all aspects and across all parts of society’ (FRST, “Foundation’s Role” 4) – specific individual pronouncements betray the actual emphases. For example, in announcing the appointment of a new CEO, the foundation’s Chairman, Neil Richardson said: ‘We live in exciting times and one can sense that the country is finally embracing the value of science and innovation and with it, the concept of a knowledge economy’ (FRST, “Permanent CEO” 1). By such means, ‘knowledge society’ is being used to maintain a division between science and arts, science and culture, when the term’s initial appearance promised a new or renewed awareness of the entanglement of these categories. (This is an outcome which has been only partly mitigated by the burgeoning of the creative industries, since there has been a trend to coining other terms such as ‘the creative economy’ to characterize this phenomenon.) In consequence, a fully nuanced evaluation of the role of scientific and technological development in contemporary society, as well as of its creeping commercialization, is further postponed. Conclusion Immanuel Wallerstein suggests that what he calls the Capitalist World-System has entered a period of transition towards a new system that may or may not be better than the present one. It is possible to imagine that the ‘third way’ and the ‘knowledge society’ – despite the reservations I have outlined – represent a moderating of the capitalist order that will usher in or help condition the arrival of the new. Or failing that, the privileging of knowledge will foster a reflectivity that will enable society to find a better way. Interestingly, however, Wallerstein suspects that such moderation will only prolong the current order, and that something more drastic (if not revolutionary) will be required in the long run if any significant improvement is to be achieved. And as far as reflectivity is concerned, the opposite is arguably true: that ‘knowledge’ merely serves rhetorically to conceal an intensification of the drive for profit and the general expansion of the business mentality. Note I am grateful for the comments of the anonymous referees of this article, which have been helpful in bringing it to its final form. References Daly, Glyn. ‘Politics and the Impossible: Beyond Psychoanalysis and Deconstruction’. Theory, Culture & Society 16.4 (1999): 75-98. Fukuyama, Francis. The End of History and the Last Man. London: Hamish Hamilton, 1992. Foundation for Research, Science and Technology, ‘The Foundation’s Role in Creating Value from Knowledge’. http://www.frst.govt.nz/public/thesource/FRSTrole.htm, 2001. Foundation for Research, Science and Technology. ‘Permanent CEO for FRST’. Media statement, 22 August, 2001. Giddens, Anthony. The Third Way: The Renewal of Social Democracy. Cambridge: Polity Press, 1998. Roberts, Julian. Walter Benjamin. London: Macmillan, 1982. Wallerstein, Immanuel. Unthinking Social Science: The Limits of Nineteenth-century Paradigms. Cambridge: Polity Press, 1991. Citation reference for this article MLA Style Wallace, Derek. "Knowledge Society and Third Way: A New Beneficent Order?." M/C Journal 7.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0501/03-wallace.php>. APA Style Wallace, D. (Jan. 2005) "Knowledge Society and Third Way: A New Beneficent Order?," M/C Journal, 7(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0501/03-wallace.php>.

IntroductionThe debate about the responsibility of museums to respect Indigenous peoples’ rights (Kelly and Gordon; Butts) has caught our attention on the basis of our previous research experience with regard to the protection of the tangible and intangible heritage of the San (former hunter gatherers) in Southern Africa (Martin and Vermeylen; Vermeylen, Contextualising; Vermeylen, Life Force; Vermeylen et al.; Vermeylen, Land Rights). This paper contributes to the critical debate about curatorial practices and the recovery of Indigenous peoples’ cultural practices and explores how museums can be transformed into cultural centres that “decolonise” their objects while simultaneously providing social agency to marginalised groups such as the San. Indigenous MuseumTraditional methods of displaying Indigenous heritage are now regarded with deep suspicion and resentment by Indigenous peoples (Simpson). A number of related issues such as the appropriation, ownership and repatriation of culture together with the treatment of sensitive and sacred materials and the stereotyping of Indigenous peoples’ identity (Carter; Simpson) have been identified as the main problems in the debate about museum curatorship and Indigenous heritage. The poignant question remains whether the concept of a classical museum—in the sense of how it continues to classify, value and display non-Western artworks—will ever be able to provide agency to Indigenous peoples as long as “their lives are reduced to an abstract set of largely arbitrary material items displayed without much sense of meaning” (Stanley 3). Indeed, as Salvador has argued, no matter how much Indigenous peoples have been involved in the planning and implementation of an exhibition, some issues remain problematic. First, there is the problem of representation: who speaks for the group; who should make decisions and under what circumstances; when is it acceptable for “outsiders” to be involved? Furthermore, Salvador raises another area of contestation and that is the issue of intention. As we agree with Salvador, no matter how good the intention to include Indigenous peoples in the curatorial practices, the fact that Indigenous peoples may have a (political) perspective about the exhibition that differs from the ideological foundation of the museum enterprise, is, indeed, a challenge that must not be overlooked in the discussion of the inclusive museum. This relates to, arguably, one of the most important challenges in respect to the concept of an Indigenous museum: how to present the past and present without creating an essentialising “Other”? As Stanley summarises, the modernising agenda of the museum, including those museums that claim to be Indigenous museums, continues to be heavily embedded in the belief that traditional cultural beliefs, practices and material manifestations must be saved. In other words, exhibitions focusing on Indigenous peoples fail to show them as dynamic, living cultures (Simpson). This raises the issue that museums recreate the past (Sepúlveda dos Santos) while Indigenous peoples’ interests can be best described “in terms of contemporaneity” (Bolton qtd. in Stanley 7). According to Bolton, Indigenous peoples’ interest in museums can be best understood in terms of using these (historical) collections and institutions to address contemporary issues. Or, as Sepúlveda dos Santos argues, in order for museums to be a true place of memory—or indeed a true place of recovery—it is important that the museum makes the link between the past and contemporary issues or to use its objects in such a way that these objects emphasize “the persistence of lived experiences transmitted through generations” (29). Under pressure from Indigenous rights movements, the major aim of some museums is now reconciliation with Indigenous peoples which, ultimately, should result in the return of the cultural objects to the originators of these objects (Kelly and Gordon). Using the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) as an illustration, we argue that the whole debate of returning or recovering Indigenous peoples’ cultural objects to the original source is still embedded in a discourse that emphasises the mummified aspect of these materials. As Harding argues, NAGPRA is provoking an image of “native Americans as mere passive recipients of their cultural identity, beholden to their ancestors and the museum community for the re-creation of their cultures” (137) when it defines cultural patrimony as objects having ongoing historical, traditional or cultural importance, central to the Native American group or culture itself. According to Harding (2005) NAGPRA’s dominating narrative focuses on the loss, alienation and cultural genocide of the objects as long as these are not returned to their originators. The recovery or the return of the objects to their “original” culture has been applauded as one of the most liberating and emancipatory events in recent years for Indigenous peoples. However, as we have argued elsewhere, the process of recovery needs to do more than just smother the object in its past; recovery can only happen when heritage or tradition is connected to the experience of everyday life. One way of achieving this is to move away from the objectification of Indigenous peoples’ cultures. ObjectificationIn our exploratory enquiry about new museum practices our attention was drawn to a recent debate about ownership and personhood within the context of museology (Busse; Baker; Herle; Bell; Geismar). Busse, in particular, makes the point that in order to reformulate curatorial practices it is important to redefine the concept and meaning of objects. While the above authors do not question the importance of the objects, they all argue that the real importance does not lie in the objects themselves but in the way these objects embody the physical manifestation of social relations. The whole idea that objects matter because they have agency and efficacy, and as such become a kind of person, draws upon recent anthropological theorising by Gell and Strathern. Furthermore, we have not only been inspired by Gell’s and Strathern’s approaches that suggests that objects are social persons, we have also been influenced by Appadurai’s and Kopytoff’s defining of objects as biographical agents and therefore valued because of the associations they have acquired throughout time. We argue that by framing objects in a social network throughout its lifecycle we can avoid the recurrent pitfalls of essentialising objects in terms of their “primitive” or “traditional” (aesthetic) qualities and mystifying the identity of Indigenous peoples as “noble savages.” Focusing more on the social network that surrounds a particular object opens up new avenues of enquiry as to how, and to what extent, museums can become more inclusive vis-à-vis Indigenous peoples. It allows moving beyond the current discourse that approaches the history of the (ethnographic) museum from only one dominant perspective. By tracing an artwork throughout its lifecycle a new metaphor can be discovered; one that shows that Indigenous peoples have not always been victims, but maybe more importantly it allows us to show a more complex narrative of the object itself. It gives us the space to counterweight some of the discourses that have steeped Indigenous artworks in a “postcolonial” framework of sacredness and mythical meaning. This is not to argue that it is not important to be reminded of the dangers of appropriating other cultures’ heritage, but we would argue that it is equally important to show that approaching a story from a one-sided perspective will create a dualism (Bush) and reducing the differences between different cultures to a dualistic opposition fails to recognise the fundamental areas of agency (Morphy). In order for museums to enliven and engage with objects, they must become institutions that emphasise a relational approach towards displaying and curating objects. In the next part of this paper we will explore to what extent an online museum could progressively facilitate the process of providing agency to the social relations that link objects, persons, environments and memories. As Solanilla argues, what has been described as cybermuseology may further transform the museum landscape and provide an opportunity to challenge some of the problems identified above (e.g. essentialising practices). Or to quote the museologist Langlais: “The communication and interaction possibilities offered by the Web to layer information and to allow exploration of multiple meanings are only starting to be exploited. In this context, cybermuseology is known as a practice that is knowledge-driven rather than object-driven, and its main goal is to disseminate knowledge using the interaction possibilities of Information Communication Technologies” (Langlais qtd. in Solanilla 108). One thing which shows promise and merits further exploration is the idea of transforming the act of exhibiting ethnographic objects accompanied by texts and graphics into an act of cyber discourse that allows Indigenous peoples through their own voices and gestures to involve us in their own history. This is particularly the case since Indigenous peoples are using technologies, such as the Internet, as a new medium through which they can recuperate their histories, land rights, knowledge and cultural heritage (Zimmerman et al.). As such, new technology has played a significant role in the contestation and formation of Indigenous peoples’ current identity by creating new social and political spaces through visual and narrative cultural praxis (Ginsburg).Online MuseumsIt has been acknowledged for some time that a presence on the Web might mitigate the effects of what has been described as the “unassailable voice” in the recovery process undertaken by museums (Walsh 77). However, a museum’s online engagement with an Indigenous culture may have significance beyond undercutting the univocal authority of a museum. In the case of the South African National Gallery it was charged with challenging the extent to which it represents entrenched but unacceptable political ideologies. Online museums may provide opportunities in the conservation and dissemination of “life stories” that give an account of an Indigenous culture as it is experienced (Solanilla 105). We argue that in engaging with Indigenous cultural heritage a distinction needs to be drawn between data and the cognitive capacity to learn, “which enables us to extrapolate and learn new knowledge” (Langlois 74). The problem is that access to data about an Indigenous culture does not necessarily lead to an understanding of its knowledge. It has been argued that cybermuseology loses the essential interpersonal element that needs to be present if intangible heritage is understood as “the process of making sense that is generally transmitted orally and through face-to-face experience” (Langlois 78). We agree that the online museum does not enable a reality to be reproduced (Langlois 78).This does not mean that cybermuseology should be dismissed. Instead it provides the opportunity to construct a valuable, but completely new, experience of cultural knowledge (Langlois 78). The technology employed in cybermuseology provides the means by which control over meaning may, at least to some extent, be dispersed (Langlois 78). In this way online museums provide the opportunity for Indigenous peoples to challenge being subjected to manipulation by one authoritative museological voice. One of the ways this may be achieved is through interactivity by enabling the use of social tagging and folksonomy (Solanilla 110; Trant 2). In these processes keywords (tags) are supplied and shared by visitors as a means of accessing museum content. These tags in turn give rise to a classification system (folksonomy). In the context of an online museum engaging with an Indigenous culture we have reservations about the undifferentiated interactivity on the part of all visitors. This issue may be investigated further by examining how interactivity relates to communication. Arguably, an online museum is engaged in communicating Indigenous cultural heritage because it helps to keep it alive and pass it on to others (Langlois 77). However, enabling all visitors to structure online access to that culture may be detrimental to the communication of knowledge that might otherwise occur. The narratives by which Indigenous cultures, rather than visitors, order access to information about their cultures may lead to the communication of important knowledge. An illustration of the potential of this approach is the work Sharon Daniel has been involved with, which enables communities to “produce knowledge and interpret their own experience using media and information technologies” (Daniel, Palabras) partly by means of generating folksonomies. One way in which such issues may be engaged with in the context of online museums is through the argument that database and narrative in such new media objects are opposed to each other (Manovich, New Media 225). A new media work such as an online museum may be understood to be comprised of a database and an interface to that database. A visitor to an online museum may only move through the content of the database by following those paths that have been enabled by those who created the museum (Manovich, New Media 227). In short it is by means of the interface provided to the viewer that the content of the database is structured into a narrative (Manovich, New Media: 226). It is possible to understand online museums as constructions in which narrative and database aspects are emphasized to varying degrees for users. There are a variety of museum projects in which the importance of the interface in creating a narrative interface has been acknowledged. Goldblum et al. describe three examples of websites in which interfaces may be understood as, and explicitly designed for, carrying meaning as well as enabling interactivity: Life after the Holocaust; Ripples of Genocide; and Yearbook 2006.As with these examples, we suggest that it is important there be an explicit engagement with the significance of interface(s) for online museums about Indigenous peoples. The means by which visitors access content is important not only for the way in which visitors interact with material, but also as to what is communicated about, culture. It has been suggested that the curator’s role should be moved away from expertly representing knowledge toward that of assisting people outside the museum to make “authored statements” within it (Bennett 11). In this regard it seems to us that involvement of Indigenous peoples with the construction of the interface(s) to online museums is of considerable significance. Pieterse suggests that ethnographic museums should be guided by a process of self-representation by the “others” portrayed (Pieterse 133). Moreover it should not be forgotten that, because of the separation of content and interface, it is possible to have access to a database of material through more than one interface (Manovich, New Media 226-7). Online museums provide a means by which the artificial homogenization of Indigenous peoples may be challenged.We regard an important potential benefit of an online museum as the replacement of accessing material through the “unassailable voice” with the multiplicity of Indigenous voices. A number of ways to do this are suggested by a variety of new media artworks, including those that employ a database to rearrange information to reveal underlying cultural positions (Paul 100). Paul discusses the work of, amongst others, George Legrady. She describes how it engages with the archive and database as sites that record culture (104-6). Paul specifically discusses Legrady’s work Slippery Traces. This involved viewers navigating through more than 240 postcards. Viewers of work were invited to “first chose one of three quotes appearing on the screen, each of which embodies a different perspective—anthropological, colonialist, or media theory—and thus provides an interpretive angle for the experience of the projects” (104-5). In the same way visitors to an online museum could be provided with a choice of possible Indigenous voices by which its collection might be experienced. We are specifically interested in the implications that such approaches have for the way in which online museums could engage with film. Inspired by Basu’s work on reframing ethnographic film, we see the online museum as providing the possibility of a platform to experiment with new media art in order to expose the meta-narrative(s) about the politics of film making. As Basu argues, in order to provoke a feeling of involvement with the viewer, it is important that the viewer becomes aware “of the plurality of alternative readings/navigations that they might have made” (105). As Weinbren has observed, where a fixed narrative pathway has been constructed by a film, digital technology provides a particularly effective means to challenge it. It would be possible to reveal the way in which dominant political interests regarding Indigenous cultures have been asserted, such as for example in the popular film The Gods Must Be Crazy. New media art once again provides some interesting examples of the way ideology, that might otherwise remain unclear, may be exposed. Paul describes the example of Jennifer and Kevin McCoy’s project How I learned. The work restructures a television series Kung Fu by employing “categories such as ‘how I learned about blocking punches,’ ‘how I learned about exploiting workers,’ or ‘how I learned to love the land’” (Paul 103) to reveal in greater clarity, than otherwise might be possible, the cultural stereotypes used in the visual narratives of the program (Paul 102-4). We suggest that such examples suggest the ways in which online museums could work to reveal and explore the existence not only of meta-narratives expressed by museums as a whole, but also the means by which they are realised within existing items held in museum collections.ConclusionWe argue that the agency for such reflective moments between the San, who have been repeatedly misrepresented or underrepresented in exhibitions and films, and multiple audiences, may be enabled through the generation of multiple narratives within online museums. 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