Showing papers on "Possession (law) published in 1983"
TL;DR: In this paper, the authors examine the processing of these Gun Law cases in Detroit Recorders Court, as well as the effects of the law on crime, and find that most of the goals of the Law's proponents are not met.
Abstract: Michigan's Felony Firearm Statute (Gun Law) imposed a two-year mandatory add-on sentence for defendants convicted of possession of a firearm in the commission of a felony. The Law was widely advertised with proponents claiming that it would introduce greater equity in sentences, ensure certainty of punishment, and decrease violent crime in the state. We examine the processing of these Gun Law cases in Detroit Recorders Court, as well as the effects of the law on crime, and find that most of the goals of the Law's proponents are not met. Notwithstanding a rigid prosecutorial policy which prohibited plea bargaining in these gun cases, alternative mechanisms developed to mitigate the Law's effects and, in most instances, to preserve the "going rate" for various crime categories. Similarly, using an interrupted time-series model, we are unable to uncover effects of the law, or the associated publicity campaign, on violent crime.
118 citations
01 Jan 1983
43 citations
TL;DR: The first-in-time rule as discussed by the authors enables a creditor who wants to lend money on a secured basis to assume that, if the property in question is in the debtor's possession and if no other creditors have filed a financing statement, his claim to that property can have priority over those of other existing and future creditors.
Abstract: defaults, he will require a higher interest rate from the debtor.' In order to reduce this uncertainty, and thereby to facilitate secured credit, the Uniform Commerical Code normally requires a creditor either to take possession of the property or to make a public filing, if he wants a security interest in his debtor's property that is effective against competing property claimants.2 This requirement, coupled with a simple "first-in-time" rule, enables a creditor who wants to lend money on a secured basis to assume that, if the property in question is in the debtor's possession and if no other creditors have filed a financing statement, his claim to that property can have priority over those of other existing and future creditors. The Code assumes that this benefit outweighs the costs imposed upon secured parties by the requirement that they take possession or file.3
19 citations
TL;DR: In this paper, comparisons are drawn between the Philippine-American War and the recent one in Vietnam, and a number of scholars and even a few government officials commented that the two were remarkably alike: both were in a remarkably similar situation.
Abstract: WHY DID THE UNITED STATES win the Philippine-American War? Two decades ago, few would have thought that such a question merited serious consideration. The United States in 1900 was, after all, a powerful nation; the Philippines was not. If the United States was capable of defeating Spain so decisively, how could the ragtag forces of Emilio Aguinaldo have successfully resisted American occupation? Today, however, that initial question seems to require an answer. The Vietnam War has reminded us that the possession of superior military and economic power does not guarantee victory. If the forces of the National Liberation Front (NLF) and the North Vietnamese Army (NVA) were able to humble the United States, why did the Filipinos fail to do so? In this attempt to provide an answer, comparisons are drawn between the Philippine-American War and the recent one in Vietnam. I am not suggesting, however, that the two conflicts were fundamentally similar phenomena. At the time of the Vietnam War, a number of scholars and even a few government officials commented that the two were remarkably alike: both were in a
19 citations
TL;DR: The role of women in possession cults has been extensively studied in the cross-cultural study of women and religion as discussed by the authors, and two strategies are commonly employed to explain women's involvement in possession and shamanism.
Abstract: Spirit possession and shamanism occupy a special place in the crosscultural study of women and religion. In his comparative study of "ecstatic religion," I. M. Lewis devotes considerable attention to the importance of women's participation in possession cults.' In his essay "Ecological and Phenomenological Aspects of Shamanism," A. Hultkrantz notes that "a particular chapter in shamanism worthy of lengthy study is the role of woman as shamaness. The whole subject needs a thorough reassessment."2 Two strategies are commonly employed to explain the involvement of women in, and thereby the femaleness of, these practices. Both methods of analysis depend on evaluating the existential position of women, socially and psychologically.
19 citations
TL;DR: In this paper, the Holy Spirit movements in Melanesia have been investigated in the context of Christian missions and churches in the region of Papua New Guinea, and the authors suggest that such manifestations are becoming more significant.
Abstract: Throughout Melanesia ecstatic religious phenomena by way of dreams, visions, possession, trance, prophecy and healing represent integral aspects of Melanesian religious experience (e.g. Burridge 1960:179-180, Langness 1972, Stephen 1977, 1979a, 1979b, Trompf 1977, Tuza 1979b). This paper proposes to indicate how such manifestations are becoming more significant within the context of Christian missions and churches in the region. Popularly understood to be 'Holy Spirit movements',1 recent outbursts of ecstatic behaviour associated with collective beliefs
19 citations
TL;DR: The Twyne's Case as mentioned in this paper is a classic example of the principle that secret inter-inter-party transfers are fraudulent and therefore void in the Star Chamber of the United States.
Abstract: IN 1600,' a Hampshire farmer named Pierce conveyed his sheep to his creditor Twyne to satisfy a preexisting debt. Twyne, however, allowed Pierce to remain in possession of the sheep, to shear them, and to mark them as his own. When a sheriff tried to seize the sheep under a writ of execution on behalf of another creditor, Twyne forcibly resisted, maintaining that the sheep were his. Edward Coke, then attorney general, brought a criminal action against Twyne in the Star Chamber. That court held that because the transfer to Twyne was secret it was fraudulent and therefore void.2 Few principles of Anglo-American law have been so long-lived and so widely held, as the one in Twyne's Case.3 The principle that secret inter-
19 citations
TL;DR: In this paper, the authors discuss the potential for treatments to prejudice future treatment options and the analytical value of collections, and the consideration of non-physical aspects of sacred objects in the selection of conservation treatment for Native American sacred objects.
Abstract: Decisions regarding the selection of conservation treatment methods for Native American sacred objects are discussed in light of the following considerations: 1) unresolved questions regarding legal ownership of collections, 2) the potential for treatments to prejudice future treatment options and the analytical value of collections, and 3) the consideration of non-physical aspects of sacred objects. THE FUNDAMENTAL THESIS of this paper is that we should reconsider the circumstances under which sacred objects undergo modern, scientific conservation treatment, since the very process of handling, documentation and treatment could constitute inter- ference with the integrity of the object and destruction of its functional and spiritual value. Further, even if treatment is considered necessary in principle, perhaps certain restrictions, precautions, or preconditions should be integrated in the analysis of what constitutes appropriate treatment. There are at least three issues involving these objects which lead to this dis- cussion. First are the outstanding and unresolved questions regarding the legal own- ership of collections. These questions are based on the conflict of value systems be- tween Native American groups and many within the museum community, and stem from requests by Native Americans for the repatriation of some cultural materials. Second, there is a growing concern that some treatments may be prejudicing both future treatment options as well as the analytical value of collections, and third, a concern that some facets of sacred objects-specifically the non-physical aspects of these materials-may be overlooked in the museum setting. We should begin by attempting to clarify the definition of a sacred object. This is a difficult undertaking in itself because nearly every aspect of traditional Indian life is permeated with religion and ceremony, and the quality of sacredness touches many objects in the material culture inventory. For the purposes of this discussion, let us limit ourselves to only those objects which both Indian and non-Indian can readily identify as items which are used specifically for a religious purpose, such as prayer or ceremony. In August of 1978, President Jimmy Carter signed into law the American Indian Religious Freedom Act. In addition to guaranteeing the rights of the American Indian, Eskimo, Aleut and Native Hawaiians to "believe, express and exercise the traditional religions," it also determined that this freedom included, but was not limited to, "access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites."1 While this law does not mandate the return of sacred objects to tribes or groups, the phrases "access to" and "use and possession of sacred objects" have served to fuel arguments by Native American groups seeking the repatriation of their traditional cultural materials, which are often held in museum collections. The future disposition of these materials may be the issue which is most critical in deciding what program of conservation should be undertaken for these objects. For this reason, the issue of
16 citations
TL;DR: In Gabonese religious and curative societies, vision has been used as an initiatory experience called for the absorption of a hallucinogenic drug (eboga).
Abstract: A. Mary — Vision and Possession: An Alternative in Gabonese Religious and Curative Societies. ; Vision, as an initiatory experience calling for the absorption of a hallucinogenic drug (eboga), has been retained by the Fang bwiti cuit as a privileged medium of surreal communication. It displays a number of traits differentiating it from possession as practised in other Gabonese therapeutic cuits. The relations of complementarity or exclusion between vision and possession in the religious and curative field demarcate the male-dominated bwiti societies from the women-controlled ombwiri communities. The combinatory laws pertaining to these two kinds of initiatory experience govern the logic of ceremonial activities, the conception of worship, the calling up of spirits or genii through trance-inducing dances or mask parades. Since independence, there has been a weakening of the significant oppositions between vision and possession, together with a shifting of functions. The stressing of the divinatory use of vision, issuing from the constraints of a neo-colonial situation, the fight to dominate the ritual scene bear witness to a new distribution of power in favour of women, with political and social meaning as yet ambiguous.
12 citations
TL;DR: Technological sovereignty is the capability and the freedom to select, to acquire or acquire and to apply, build upon and exploit commercially technology needed for industrial innovation as mentioned in this paper, which is to be distinguished from technological self-sufficiency, which is the possession of, or the ability to generate readily, all technology required.
Abstract: Technological sovereignty is the capability and the freedom to select, to generate or acquire and to apply, build upon and exploit commercially technology needed for industrial innovation. It is to be distinguished from technological self-sufficiency, which is the possession of, or the ability to generate readily, all technology required. Australia's past failure to take the sovereignty factor into account has far-reaching implications for future industry/technology strategy.
TL;DR: In the first century B.C., the founding charter of Urso, a Julian colony in southern Spain, included a provision that certain minor public officials should be exempt from military service except tumultus Italici Gallicive causa (ILS 6087).
Abstract: Between the ‘home’ territory of the Roman people in the Italian peninsula and the tribes of Gaul and Germany lay two provinces – Cisalpine Gaul, most of whose population were actually already Roman citizens or in possession of Latin rights, and Transalpine Gaul, a province only since 121 B.C., but already in Caesar's time displaying a developed urban civilization based on the Greek model, under the influence of Massilia. By the end of the first century B.C. well-to-do Romans considered the schools of Massilia an acceptable alternative to those of Athens for their sons' higher studies (Strabo 4.1.5). On the fringes of the Province, however, and beyond in Gaul proper were the ‘long-haired’ Gauls (hence Gallia Comata) and beyond them the German tribes. Only occasionally had these presented any real and immediate threat to the security of the Italian peninsula. Nevertheless, they were present in Roman consciousness as a kind of bogeymen. In 44 B.C., the founding charter of Urso, a Julian colony in southern Spain, included a provision that certain minor public officials should be exempt from military service except tumultus Italici Gallicive causa (ILS 6087). Events of this nature were hardly likely to necessitate conscription in southern Spain, but this clause was clearly taken over from the standard charter of an Italian municipality, where these were seen as possible emergencies.
TL;DR: The authors pointed out that the concepts "center" and "periphery" of possession cults are relative and ambiguous, contrary to the reductionist "explanations" of Marvin Harris and his school.
Abstract: (1977) has shown more clearly than I did, in Egypt and elsewhere where it occurs this cult is often associated with the embourgoisement of men and women--involving a curtailment of the latter's freedom (see also Ferchiou 1972:66; Lewis, forthcoming). Finally, while I have no quarrel with Kehoe and Giletti's characterization of my interpretation of possession cults as "political," I have never advocated a monocausal explanation of such protean phenomena. By the same token and contrary to their assertions, I have explicitly pointed out (Lewis 1966:325) that in this context the concepts "center" and "periphery" are relative and ambiguous. If authors choose to recycle the reductionist "explanations" of Marvin Harris and his school, they might at least take the trouble to get their facts right.
TL;DR: This article found that preschool boys and girls did not seem to view possession as an indicator of ownership; they were incapable or unwilling to modify their behavior in ways consistent with nonverbal cues regarding possession.
Abstract: Summary The purpose of the present study was to determine whether preschool boys and girls understand that possession of an object frequently implies ownership, and whether their object-related social behaviors vary as a function of nonverbal cues relating to possession. Ss (N = 75) were grouped in triads and played with a toy which (a) previously had been in no one child's possession or (b) one of the three children possessed prior to the play session. In both conditions the children's sharing, defensive, and impinging (taking) behaviors were observed and coded. The Ss were also interviewed regarding their understanding of the experimental situation. They did not seem to view possession as an indicator of ownership; they were incapable or unwilling to modify their behavior in ways consistent with nonverbal cues regarding possession. There were few age differences in social behaviors or interview responses. However, girls shared spontaneously or when asked more than did boys.
TL;DR: The psycho-dynamic process is described as a transition phase in psychic development between externalization and internalization of intrapsychic distress or collective versus individual ego solutions to life stress.
Abstract: Three cases of spirit possession were studied to determine common underlying psychodynamic factors. The spirits were believed to represent culture bound defense mechanisms, and attempts at problem ...
TL;DR: The Economic History of Iran 1800-1914, edited by Charles Issawi, has only two extracts from first-hand nineteenth-century Persian sources as mentioned in this paper, which gives a false perspective to any discussion of the internal economic structure of the country, and likewise social attitudes are glimpsed through the palimpsest of western interpretations.
Abstract: Much of nineteenth-century Iranian history is still written from European materials--travellers' accounts, private papers, diplomatic or commercial archives--and nowhere is that disadvantage seen more keenly than in social and economic studies. The most recent, exceedingly useful compilation of economic selections for Qajar Iran, The Economic History of Iran 1800-1914, edited by Charles Issawi, has only two extracts from first-hand nineteenthcentury Persian sources. Inevitably that gives a false perspective to any discussion of the internal economic structure of the country, and likewise social attitudes are glimpsed through the palimpsest of western interpretations. A basic prerequisite is the more systematic collection and classification of Persian material, from government archives, vaqf or private possession; it is only their intensive study that will provide the information about and insight into the social and economic problems that are beginning to be sketched on a more theoretical or discursive level; detailed monographic studies, on regions, towns, communities, classes, individual trades or industries, have to clothe the skeletal hypotheses which otherwise might run the risk of empty theorizing. Even apparently
TL;DR: Herbert's dramatic sonnet "Redemption" as mentioned in this paper is a story with some apparent chronological difficulties, in which the poet styles himself as a tenant who wishes to cancel his lease for a new cheaper one.
Abstract: George Herbert's dramatic sonnet "Redemption" tells a story with some apparent chronological difficulties. The poet styles himself as a tenant who wishes to cancel his lease for a new, cheaper one. Seeking his Lord, he goes to heaven to inquire about renegotiation, but is there informed that the Lord has "lately" left to see about "some land" which he had bought "long since" on earth. The speaker then returns to earth and unsuccessfully seeks his Lord in what seem appropriate places for one of high birth. Eventually, the speaker finds his Lord in the person of Christ, at the moment of the crucifixion. Christ grants the speaker's petition even before it is spoken, and dies. In terms of chronology the reader must reconcile Herbert's first-person story with the prior historical date of the crucifixion, and must also account for the disparity between the Lord's taking possession of his "land" only at the time of the crucifixion, even though he had "dearly bought" it "long since":
01 Mar 1983
TL;DR: In this paper, the authors identified an area where an egalitarian inheritance system had little effect on the partibility of land, and in turn on demographic and household patterns, because the nature of the local economy required large farms.
Abstract: Marriage and inheritance In a paper written in 1972 Lutz Berkner listed the factors that might prevent inheritance customs from influencing the form of the household. Some factors made inheritance lore inoperative, for example if the family had no property or only ‘movables’, in which case there would be no link between their possession and a particular residence; or if land was held on a temporary lease. On the other hand, there were certain factors such as the development cycle of the household and the property arrangements surrounding marriage which might simply conceal the effect of inheritance. When to all this has to be added differences among inheritance law, custom, and practice, it becomes a very difficult matter to predict what forms of household might underlie a particular inheritance system. Indeed, in a more recent paper, written jointly with Franklin Mendels, Berkner has specifically identified an area where an egalitarian inheritance system had little effect on the partibility of land, and in turn on demographic and household patterns, because the nature of the local economy required large farms. This area comprised the polders of West Flanders. So far, however, the arguments have been advanced in the absence of hard data on the structure of the household, and it seems worth while to try and establish whether there is a particular form of household that one might associate with rural West Flanders. For this purpose we will divide the households not only by the occupation of the head but according to whether they were owner-occupiers or tenants.
01 Jun 1983
TL;DR: A substantial breakdown has taken place in the domestic consensus on nuclear policies in Europe and the United States over the past eighteen months, and mass demonstrations have occurred against the deployment of new US cruise and Pershing II ballistic missiles as mentioned in this paper.
Abstract: Over the past eighteen months, a substantial breakdown has taken place in the domestic consensus on nuclear policies in Europe and the United States. In Europe, mass demonstrations have occurred against the deployment of new US cruise and Pershing II ballistic missiles. These include not only young protesters, ecologists, and other cause-adopters. Many middle-aged, middle-class, conservative Europeans have also joined. Especially among the Protestant churches, leaders have condemned in ethical and religious terms the development and possession of nuclear weapons, nuclear deployments, nuclear strategy and nuclear deterrence.
TL;DR: The place of Samoan and other Polynesian healing practices and related community projects in New Zealand society has only recently become a subject for study and this paper is an attempt to circumscribe some of the authors' cross-cultural associations in this field.
TL;DR: In this paper, the authors illustrate and evaluate the naïve Box-Jenkins method of time series forecasting as related to aggregate advertising expenditures in Britain and West Germany and show that it can lead to better decision-making.
Abstract: The 1980s are proving to be a decade of great uncertainty during which the possession of accurate short-term forecasting techniques can lead to better decision-making. Forecasts of advertising expenditure in total and by medium is an especially important source of information for the advertising industry—advertising agencies, media owners, advertisers—and all others concerned. Furthermore, it is particularly important to unravel the systematic from chance changes in the market as a whole. This paper attempts both to illustrate and to evaluate the ‘naive’ Box-Jenkins method of time series forecasting as related to aggregate advertising expenditures in Britain and West Germany.
01 Jan 1983
TL;DR: Van Yperen as discussed by the authors used a copy of a typescript of a report drawn up by Jan Voorhoeve, probably during the period 1956-61, when he was working in Surinam in the service of the Netherlands Bible Society.
Abstract: When in Surinam in 1964-65 doing field work for a study on the family system of the lower class Creoles of Paramaribo, I happened to get possession of a stencilled copy of a typescript of a report drawn up by Jan Voorhoeve, probably during the period 1956-61, when he was working in Surinam in the service of the Netherlands Bible Society. It was written specifically for the information of the Ecclesias tical Council of the Moravian Brethren. The report deals with the Afro-American Winti religion in Surinam, which was the traditional religion of the African slaves in Surinam that is still professed by many of the latter's descendants, forming the ethnic group of the Creoles and the Bush Negroes. This study is focused on the figure of the obiaman, a functionary in the Winti religious system who is prone to possession by the obia winti (a god from the Winti pantheon), whereupon he may give patients suffering from mysterious maladies directions as to the cure to be followed for their recovery. The purpose of Voorhoeve's study was to provide the Ecclesiastical Council with information on the socio-cultural background of and the place occupied by the Winti religion. His aim was to enable the Council this way to form a more subtly shaded opinion of the dif ferent practices of this religion, viewed by it as undesirable and 'heathen'. Evidently the need for information of this kind was strong because the Winti religion, generally in combination with some form of Christianity, still has many followers. Voorhoeve, who as a linguist by training and a social researcher by aptitude and inclination has made a great many studies of the culture of Surinam, gives an extremely interesting analysis of the syncretistic faith of the Creoles in this report. As the latter contains a considerable quantity of material that is capable of extending our knowledge of Afro-American religions, it seemed to me a good idea to bring it to the attention of a wider public by publishing it in English translation (by Maria J. L. van Yperen). We are presenting Voorhoeve's text in a virtually complete form below, in which only a few passages dealing with specifically ecclesias tical matters and the views of the Moravian Brethren and the author on these matters have been eliminated, without interrupting the flow of the discourse or altering the drift of the argument. Moreover, some of the terms used by Voorhoeve, which may strike the modern
Journal Article•
Book•
01 Jun 1983
TL;DR: In this article, the first possessor and the forms of action of first possession were discussed. But they did not discuss the first possession of a person's personal property in the first place.
Abstract: Wild Animals and First Possession; Possession of Abandoned Personal Property; Other First Possessors and the Forms of Action; Prior Possession; Finders; Bailments; Good Faith Purchasers; Gifts of Personal Property; Joint Bank Accounts; Adverse Possession of Property; Accession and Confusion; Common Law Estates In Personality.
01 Mar 1983
TL;DR: The patient had a history of convulsive hysterical dissociative fits from age 13 until approximately age 30 as mentioned in this paper, which were characterised by sudden onset and a complete personality change.
Abstract: She came to the clinic complaining of &dquo;fits&dquo; which she had suffered since age 16, just a few months prior to her marriage. Fits lasted from 10 minutes to 18 hours and appeared very irregularly, ranging from several times a day to once a month. Each fit was characterised by sudden onset and a complete personality change. While in a fit, the patient would act like an innocent child, skip and jump around, and prevent her husband, whom she addressed as her teacher, from leaving the house. There was a grandiose flavour in her expressed wishes to have a big house, a car, and a retenue of servants which were far beyond her means. Other features of her fits were: (1) they appeared only at home and never when relatives or visitors were present; (2) when in a fit she spoke mainly English although she otherwise spoke Hindu or Punjabi, (3) every fit was preceded by mounting anxiety and terminated in sleep after which she was symptom free, (4) sleep played an integral part in her change from one personality to the other and the patient apparently had some awareness of this, and (5) between fits she had no recollection of the preceding abnormal behaviour. The patient had a history of convulsive hysterical dissociative fits from age 13 until approximately age 30. Her psychological tests showed a great deal of neurotic conflict and the fits were interpreted as possible attempts at relinquishing both her sexual and adult responsibilities.
01 Sep 1983
TL;DR: In this paper, Australia's defence of the democracies against direct and incidental incursions of Russian imperialism is discussed, and the question of what, if anything, Australia is doing for the defence of democracies.
Abstract: What, if anything, will Australia be doing for the defence of the democracies against direct and incidental incursions of Russian imperialism as, exploiting its present possession of the initiative, it acquires targets of opportunity wherever it can manage to combine the naval-military and the political instruments of its global ambitions - or, from Moscow's angle, of its national security?
Journal Article•
01 Mar 1983
TL;DR: A review of early charts of exploration and claims of possession by French, Spanish, English and Argentinian settlers prior to the mid-nineteenth century is presented in this article, where it is shown that Portuguese knowledge of a south-west passage to the Pacific existed prior to Magellan's discovery of a strait by Magellan.
Abstract: This paper, presented in two parts, is a review of early charts of exploration and claims of possession by French, Spanish, English and Argentinian settlers prior to the mid-nineteenth century. Part 7 suggests that Portuguese knowledge of a south-west passage to the Pacific existed prior to the “discovery” of a strait by Magellan. The Spanish did not capitalize on this knowledge but after Drake's circumnavigation, several English, Dutch and French voyages produced cartographic record of contact with the Falklands.
TL;DR: In this article, the authors examined the adoption of travel-change strategies that could potentially reduce or minimize increases in gasoline expenditures, and found that older persons making spatial changes of reducing travel activity and shopping closer to home were distinguished from others by a lower income and a greater decline in financial and health status.
Abstract: Concern has been expressed about the impact of rising transportation costs on the rural elderly, though little is actually known about how the elderly have responded and whether there are difference,s among them in adaptive behavior. Using data col lected from 180 rural elderly vehicle owners, this study examined the adoption of travel-change strategies that could potentially reduce or minimize increases in gasoline expenditures. The analysis indicated that older persons making spatial changes of reducing travel activity and shopping closer to home were distinguished from others by a lower income and a greater decline in financial and health status. Adopters of nonspatial changes were distinguished from others by the possession of personal resources-greater physical mobility in the case of those combining more trip purposes and a higher income in the instance of those purchasing a more fuel- efficient vehicle. Implications of the findings for the provision of rural transportation services are discussed.