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The emergence between 1965 and 1973 of a crisis of over-accumulation and over-capacity, rooted in international manufacturing yet affecting the overall private business economies of the advanced capitalist countries, inaugurated a developmental context whose profound contradictions were brought home by the Great Recession of 2008-9 and the continuing Long Depression. The intervening period has seen profound economic, political and social crisis in the advanced capitalist world and has simultaneously been treacherous for under-developed economies forced to navigate rocketing energy costs and international commodity price and currency exchange rate turbulence under the continual threat of debt-levered expropriation. The struggle to locate the causes – proximate and ultimate – of the present crisis is at the same time a battle to map the basic economic and political coordinates of the continuing long downturn. In this connection it is contended that efforts have been undermined by the epistemological underdevelopment conditioned by a crisis of knowledge-formation which has unfolded in parallel with the long downturn. The dominance of neoclassical economics (‘unworldly’ since the marginal revolution) on the right and the displacement of Marxism on a structurally weakened and autodidactic left in the context of the ascent of postmodernism as an intellectual and cultural dominant has opened a space between the material and discursive realities of global capitalist development. This work is an attempt to deploy the method developed by the classical Marxist tradition to approach the significance of the state and law in the historically-conditioned reproduction of capitalist social relations. It is contended in the first place that the dualism which obtains between national and global spheres in much theorisation of neoliberal ‘globalisation’ obscures the dialectical interrerelation of state and world market – the institutional and regulatory environment of international trade, money and finance being both the creation of states and the developing context which frames their – necessarily path-dependent and reflexive – projects of domestic economy making. As against popular notions of state decline, following Gowan the state-political content of the centring of private financial markets in the mediation of international monetary relations is recalled, while the embeddedness of the state in circuits of capital accumulation is emphasised (Tony Smith), the concept of ‘regime of accumulation’ being deployed to capture the nexus of monetary, fiscal and regulatory policy which articulates historically-conditioned development strategies. In this respect, we depart from the work of the Bolshevik jurist Pashukanis, who despite significantly advancing the materialist analysis of the juridical form, identified in his most significant work a largely derivative role for the state. It is argued that the methodological weakness represented by Pashukanis’ disproportionate emphasis on commodity exchange – his failure to proceed from the basis of the capitalist economy as a contradictory unity of production and circulation – prevents him from fully apprehending the role of the state in the production and reproduction of capitalist social relations. As the discussion unfolds, there is developed in conversation principally with Gramsci an understanding of the state as the specific material condensation of a relationship of forces among classes and class fractions. Upholding the notion of the ‘integral state’ as a differentiated unity of civil society and political society upon which terrains the capitalist class forms alliances with proximate classes as the prerequisite for and correlate of its domination of labour, the developmental context represented by neoliberalism is conceived in terms of the transition of interest-bearing capital from leading to dominant fraction of the capitalist class in parallel with its tendential contradictory disaggregation from productive capital. Such a process has necessitated a transformation in the character of bourgeois political supremacy involving a dismantling of the civil rights and social protections accumulated during the period bookended by Americanism and the welfare state and increasing dependence upon an expanded machinery of coercion. Proceeding from this basis, it is considered how in specific developmental contexts the state by way of the legal form maps the social totality, achieving distinctive couplings (and de-couplings) of wealth production and social reproduction. There is asserted the second-order integration of public and private spheres in terms of the fundamental unity of capitalist reproduction, the first-order public/private metabolism being evaluated in view of the facilitation and rationalisation of social reproduction in the context of a productive economy structured around dissociated private producers. The legal form is further interrogated in view of its role in structuring the productive antagonism between capital and labour, a relation which on the basis of its form comes to expresses various contents – from consensual integration to casuistic assimilation – as domestic social relations are (in-)validated by the operation of the law of value at the level of the world market. In this connection, the unproductive theoretical polarisation obtaining between approaches which consider law to be epiphenomenal and those which pursue its relative autonomy is enriched by a historicised conception in terms of which law, concretising specific relationships of forces within particular regimes of accumulation, appears as ‘sword’, as ‘shield’ and as ‘fetter’. This framework is particularly useful for evaluating the opportunities for the deployment of legal strategies by labour and groups oppressed under capitalism – a question in relation to which Pashukanis, following Lenin, demonstrated a remarkable political astuteness.

The documentary credit has for a long time served as a very reliable form of financial instrument in the trading of international goods. The certainty of payment guaranteed under the documentary system is attributed to the autonomous nature of the credit contract, which is that it is independent of and unaffected by the contract of sale which it supports. So long as the documents which are presented strictly comply with the terms of the credit, the paying bank will be under an obligation to pay. However, documents which are non-compliant are also frequently presented in practice. The autonomous characteristic of the instrument also gives rise to problems because there are circumstances where, even though compliant documents are tendered, payment made under the credit would be unfair. This thesis attempts to investigate the various grounds which could provide a basis for withholding payment under a documentary credit. From the perspective of all the main parties involved in a documentary credit transaction, issues relating to payment are of utmost importance. Discrepant documents and fraud, which are well established as valid grounds, will be examined. The thesis will also explore other possible grounds to withhold payment such as illegality, nullity, unconscionability and breach of negative stipulations which exist in the underlying contract connected to the credit. The parameters of these grounds will be identified and where appropriate, recommendations will be made.

Thesis (Ph.D.)--McMaster University, 2002. / Adviser: Manfred Kolster. Includes bibliographical references. Also available via World Wide Web.

Thesis (Ph.D.)--McMaster University, 2002. / Adviser: Manfred Kolster. Includes bibliographical references. Also available via World Wide Web.

<p dir="ltr">We first introduce several families of monoidal categories with plethysm products as their monoidal products and use this to describe operadic structures as plethysm monoids. In order to link this approach with the classical theory, we give a generalization of the Baez-Dolan plus construction. We then show that an operadic structure can be defined as a plethysm monoid if its associated Feynman category is a plus construction of a unique factorization category.</p>

This thesis was written on the constitutional changes of contemporary China, with the 1982 Constitution as the object of researches. This constitution is the currently valid constitution in China, and is expected by constitutional scholars to be put in “juridification”. However, for thirty years since its birth, this task is yet to be realized. What is more, the claim of “judicialization of the constitution” as Chinese legal constitutionalists held especially during the 1990s, is now contested by emergent constitutional schools as one of many constitutions in China. They are arguing that China’s constitutional reality should not be colonized by the Western-originated constitutional science –classical constitutionalism. Having perceived the critical merits of China’s new constitutional schools, this thesis is wary of confirming unconditionally the other end of arguments, namely, applying critical theories to condense into “constitutionalism with Chinese characteristics”. The use of “constitutionalism” to describe the Chinese model, however, should be examined against whether it has indeed resolved the material problems in China’s constitutionalization, or is merely an inflationary application of the terminology. If China’s legal constitutionalism is seen as implanting formalism of Hayekian theory in service of global capitalism, in the second-generation constitutional discourse, have we opted out of this mentality and re-constituted ourselves? Constitutionalization in contemporary China hence is a complex issue covering the grounds of institutional, political as well as conceptual controversies, more than a practical issue of applicable mechanisms. The conceptual arguments on “what is constitutional” are especially challenging to classical constitutionalism, when combined with “identity politics” and “constitutional pluralism”. Between the material and conceptual level, I am insisting that the ‘democratic deficit’ caused by China’s 1990s economic reforms and the market mentality still needs a redress, before we could render its hybrid outcomes as “constitutionalism with Chinese characteristics”.

The thesis endeavours to show the interdependence of political theories, the social sub-structure, and the formal structure of the legal system in competitive society.

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Search and Rescue (SAR) operations aim at finding missing objects with minimum time in a determined area. There are fundamentally two problems in these operations. The first problem is assessing highly reliable probability distribution maps, and the second is determining the search pattern that sweeps the area from the air as fast as possible. In this study, geographic information systems (GIS) and multi criteria decision analysis (MCDA) are integrated and a new model is developed based upon Search Theory in order to find the position of the missing object as quickly as possible with optimum resource allocation. Developed model is coded as a search planning tool for the use of search and rescue planners. Inputs of the model are last known position of the missing object and related clues about its probable position. In the developed model, firstly related layers are arranged according to their priorities based on subjective expert opinion. Then a multi criteria decision method is selected and each data layer is multiplied by a weight corresponding to search expert&rsquo / s rank. Then a probability map is established according to the result of MCDA methods. In the second phase, the most suitable search patterns used in literature are applied based on established probability map. The developed model is a new approach to shortening the time in SAR operations and finding the suitable search pattern for the data of different crashes.