Agricultural tenancies: implied surrender and regrant and the operation of the Agricultural Tenancies Act 1995

Agricultural tenancies arising after 1st September 1995 are mostly governed by the Agricultural Tenancies Act 1995. As such, tenants under this Act do not benefit from the degree of protection conferred on tenancies already in existence, which remain under the Agricultural Holdings Act 1986. Section 4 of the 1995 Act seeks to protect those tenancies which subsequently inadvertently undergo a surrender and regrant and which would otherwise lose the protection of the 1986 Act. This paper seeks to investigate, by relating recent case law and statute to the situation of agricultural tenancies, the occasions where surrender and regrant might occur and whether in such instances the protection of the 1986 Act will be lost.

The Finance Act 1998: can the owners of agricultural land continue to gain from their capital disposals?

This paper seeks to analyse and discuss, from the perspective of the owners of agricultural land, the main changes to the Capital Gains Tax regime introduced in the Budget of March 1998 and contained in the Finance Act 1998. The immediate replacement of indexation with a new Taper relief is examined, along with the phasing out of Retirement relief, and the interaction of Taper relief with Rollover relief.

Deviant disabilities: the exclusion of drug and alcohol addiction from the Equality Act 2010

The Equality Act 2010, in keeping with the Disability Discrimination Act 1995, excludes those identified as drug and alcohol ‘addicted’ from the scope of provisions prohibiting discrimination against disabled people. This article addresses the significance of, and justification for, this exclusion. It begins with a legislative background to the relevant limitation and subsequently examines its rationale according to prevailing legal, medical and sociological discourses. The article then considers the relevance of the discussion for disability rights. Although ‘addiction’, or the preferred term, ‘substance dependence’, is classified as a disability for international systems of disease classification, the relevance of substance dependence for discussion on disability rights, and of disability for discussion on substance dependence, has largely escaped critical comment.

Benevolence, hegemony and nationalism: fifty years of the 1949 National Parks and Access to the Countryside Act

This paper reviews the National Parks and Access to the Countryside Act 1949 fifty years since its enactment. The Act is assessed in the light of fifty years of access policy and within the present context of political debates and manoeuvres over the ‘right to roam’. It is concluded that benevolence is still the prevailing attitude towards access provision, maintaining as it does the scope for alternative freedoms and opportunities to exploit land for consumptive practices such as leisure and recreation. As such, it is argued that the notion of the gift (Mauss, 1990) continues to dominate the provision of countryside access in England and Wales.

Rights, the environment and Part V of the Criminal Justice and Public Order Act 1994

Using figures derived from the UK Home Office, this paper analyses and reviews the impact and deployment of Part V of the Criminal Justice and Public Order Act 1994 since its enactment. This is done with special reference to its impact on citizenship and the regulation of ‘the environment’ and associated rural spaces. It is argued that, notwithstanding the actual use of the public order clauses in Part V of the Act, its underlying meanings are largely of a symbolic nature. Such symbolism is, however, a powerful indication of the defence of particularist constructions of rural space. It can also open out new conditions of possibility, providing a useful ‘oppressed’ status and media spectacle for a range of protesters and activists.

ELMs disease? Corporatism, stewardship and citizenship in the English countryside

Varying concepts of citizenship, implicit within policy providing countryside access opportunities in England and the sometimes contrasting political rhetoric concerning citizenship, are evaluated here. The focus for this paper surrounds the Countryside Stewardship Scheme and, generically, the access elements of Environmental Land Management schemes (ELMs) and the implications of the 1994 Criminal Justice and Public Order Act in this context. Policy formulation in respect of countryside access may not be prepared considering the philosophical implications for citizens rights or property rights constructions. However, it is hypothesized that particular modes of regulation and commodification (of certain countryside goods) are imbued with certain values which reflect a neo-Liberal political philosophy. This view is contextualized within present theoretical debates concerning rural society.

On collective intentions: collective action in economics and philosophy

Philosophers and economists write about collective action from distinct but related points of view. This paper aims to bridge these perspectives. Economists have been concerned with rationality in a strategic context. There, problems posed by “coordination games” seem to point to a form of rational action, “team thinking,” which is not individualistic. Philosophers’ analyses of collective intention, however, sometimes reduce collective action to a set of individually instrumental actions. They do not, therefore, capture the first person plural perspective characteristic of team thinking. Other analyses, problematically, depict intentions ranging over others’ actions. I offer an analysis of collective intention which avoids these problems. A collective intention aims only at causing an individual action, but its propositional content stipulates its mirroring in other minds.

Linguistic experiments and ordinary language philosophy

J.L. Austin is regarded as having an especially acute ear for fine distinctions of meaning overlooked by other philosophers. Austin employs an informal experimental approach to gathering evidence in support of these fine distinctions in meaning, an approach that has become a standard technique for investigating meaning in both philosophy and linguistics. In this paper, we subject Austin's methods to formal experimental investigation. His methods produce mixed results: We find support for his most famous distinction, drawn on the basis of his `donkey stories', that `mistake' and `accident' apply to different cases, but not for some of his other attempts to distinguish the meaning of philosophically significant terms (such as `intentionally' and `deliberately'). We critically examine the methodology of informal experiments employed in ordinary language philosophy and much of contemporary philosophy of language and linguistics, and discuss the role that experimenter bias can play in influencing judgments about informal and formal linguistic experiments.

Contemporary ordinary language philosophy

There is a widespread assumption that ordinary language philosophy was killed off sometime in the 1960s or 70s by a combination of Gricean pragmatics and the rapid development of systematic semantic theory. Contrary to that widespread assumption, however, contemporary versions of ordinary language philosophy are alive and flourishing, but going by various aliases—in particular (some versions of) "contextualism" and (some versions of) "experimental philosophy". And a growing group of contemporary philosophers are explicitly embracing the methods as well as the title of ordinary language philosophy and arguing that it has been unfairly maligned and was never decisively refuted. In this overview, I will outline the main projects and arguments employed by contemporary ordinary language philosophers, and make the case that updated versions of the arguments made by ordinary language philosophers in the middle of the twentieth century are attracting renewed attention.