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**  A second window aside called by the Studies page, entitled
California’s ‘Good Neighbor Fence Act of 2013’”  **

First Published:  20 May 2017
Revised (substantive):  16 August 2017

W I T H   C O M P L E T E   T E X T   O F   A L L

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#1 (of 13)

Gregory IX — Pope Gregory IX (c.1170–1241). ::

#2 (of 13)

St. Raymond — Saint Raymond of Peñafort (1175?–1275). ::

#3 (of 13)

Emperor Justinian — Justinian I (482–565), Byzantine emperor (527–565). “Throughout much of his reign his troops were engaged in a defensive struggle against Persia in the east and a successful war against the barbarians in the west. Believing that they had lost their initial vigour, he hoped to revive the old Roman empire. His general, Belisarius, crushed the Vandals in Africa (533) and the Ostrogoths in Italy (535–553), making Ravenna the centre of government. His greater claim to fame lay in his domestic policy in which he was strongly influenced by his powerful wife, Theodora (c.500–548). He reformed provincial administration and in his Corpus juris Civilis he codified 4652 imperial ordinances (Codex), summarized the views of the best legal writers (Digest), and added a handbook for students (Institutes). A passionately orthodox Christian, he fought pagans and heretics. His lasting memorial is the Church of St Sophia in Constantinople.” (Oxford Dictionary of World History, ed. A. Isaacs and others, 2000, 333–34) ::

#4 (of 13)

which has yet — As I write this on 9/18/2016. ::

#5 (of 13)

guide to just social conduct — For example, in John Aubrey’s scribal publication concerned with educational reform, he grounds religious and moral instruction for “a young gentleman viz from the age of nine or ten years; till seventeen or eighteen” — as needed to maintain a civilized & just commonwealth — on the bible’s golden rule, “do as you would be done by” (Matthew 7:12 and Luke 6:31), citing the unethical pursuit of enclosure by contemporaries as an example of sinful behavior: “The first rule that children should be taught should be ‘do as you would be done to.’ ’Tis very short and easy to be understood: if you do not so, you are unjust, a sinner, wicked. This little rule is the basis of right reason and justice, and consequently all other virtues. For want of observing this rule we see how strangely and brutishly we live among one another.... Let them make observations of God’s judgements upon oppressors. For example, the gentlemen in Northamptonshire that depopulated [the land, as a result of their enclosures]: none of them have thriven. The like in Buckinghamshire....” (J. Aubrey, Idea of Education, ms. begun in 1669 and completed c.1684, transcribed and ed. by J. E. Stephens, 46) ::

#6 (of 13)

the Diggers — Led by the radical Puritan, Gerrard Winstanley (bap. 1609, d. 1676), the Diggers started seizing common land in Surrey during 1649–50, when food prices had risen sharply, and sharing it out. They called themselves the True Levellers, but were opposed by the Levellers (radicals seeking to level all differences of position or rank among men), who denounced the Diggers’ communistic attitude towards property.
   With the notable exception of the Leveller political theorist, Richard Overton (fl. 1640–1663), the Levellers (concentrated in urban areas) paid little attention to mounting grievances in the countryside caused by profiteering and enclosures of land subject to rights of common (i.e., rights to take the produce from land of which the right-holder is not the owner). Although penalized by statutes and royal proclamations from Tudor times, rural landlords profited significantly from their enclosures, and the practice continued.
   The enclosures and aggressive extension of seigneurial rights (over the right of commoning) were deeply unpopular, threatening the interests of wealthy and poorer tenants alike, which led to a great deal of social unrest, the best known being Kett’s Rebellion of 1549, which was violently suppressed. A popular quip of that era held that the sheep were now eating the men, as small farmers, peasants, and villagers lost both employment and tillage to the new grass enclosures where the gentry’s privileged sheep grazed.
   By the second half of the 18th century, enclosure by private Act of Parliament had “increased dramatically, and the General Enclosure Act of 1801 standardized the procedure. Enclosures were less unpopular in the 18th century, as they enabled farmers to introduce improvements in crops and breeding without reference to their neighbours.” (Oxford Dictionary of World History, 2000, 199) Nearly 4000 Enclosure Acts were passed between 1760 and 1844.
   Although the Diggers rejected the use of force, their settlements in Surrey were not tolerated, and were dispersed by the authorities in March 1650. ::

#7 (of 13)

the radical land reforms proposed by the Diggers — “The Diggers’ first manifesto, The True Levellers Standard Advanced, signed by Winstanley and fourteen others, appeared on 26 April [1649]. On a millennial account of divine history it built a particular historical application to post-revolutionary England. The earth had been created a common treasury in which all were to share equally. The Fall saw some enclosing the earth and excluding others, tyrants whose theft and implied murder made slaves of the majority. As long as they continued to work for others for hire, the slaves were complicit in their own slavery. The tyrants, however, were also oppressed in so far as their expropriation of others alienated them from creation right and common preservation. But the millennium approached and it was ‘the old world that is running up like parchment in the fire and wearing away’. More particularly, the [revolutionary] events of 1648–9 had promised to make the English a ‘Free People’ but oppression, destitution, and confusion were greater than ever. It was time to renew the foundations of the earth as a common treasury, freeing England from the legacy of the Fall and its particular consolidation in the Norman conquest. Essential to this restoration was that ‘the poor that have no land, have a free allowance to dig and labour the commons’. Begun on St George’s Hill [in Walton parish, adjacent to Cobham, where Winstanley and others first dug into the common land in April 1649, preparatory to sowing parsnips, carrots, and beans] was a restoration which would spread to ‘all the Commons and waste ground in England, and in the whole World’. These themes — the millennial context, the civil-war contract between parliament, army, and people, and the logic of a revolution which overthrew kingly government and declared the English a free people — remained constant.... Activism was justified by the direct command of God and the growing suspicion that neither parliament nor army would deliver on the promises of the revolution.” (ODNB entry for Gerrard Winstanley by J. C. Davis and J. D. Alsop, unpaginated) ::

#8 (of 13)

but by his consent — Relying on citizen & neighbor consent to ensure constitutional rights to life, liberty, and property has been a founding principle of democracy since the ancient Greeks: “Aristotle asserts that the ‘master art’ of politics has as its end ‘the good for man’ and used subordinate arts and sciences, such as rhetoric and economics, to achieve this all-encompassing purpose. Political science aims at ‘the highest of all goods achievable by action,’ generally agreed to be happiness. The Rhetoric and the Nicomachean Ethics [two texts written by Aristotle, c.350 BCE] concur that ‘the good’ is to be discovered in ‘that which is sought after by all.’ Certainly as power becomes entrenched, dependence upon persuasion and public support diminishes and the possibility of selfish interests dominating and tyranny resulting emerges. This potential necessitates law, or as Aristotle notes, ‘is why we do not allow a man to rule, but rational principle.’ In this presumed rational universe the ultimate legitimacy of the authority of those who ruled rested on the efficacy and wisdom of their efforts to realize the ideal of the art of politics. Rule by consent rather than force makes requisite the virtue of practical wisdom and the art of rhetoric; it involves persuasion on the basis of public values (at least, the values of those who could participate in public discussion), appeals to the ‘true opinion’ of the citizenry and the ethos of the society.” (Lois Self, “Rhetoric and Phronesis: The Aristotelian Ideal,” 136) ::

#9 (of 13)

the oft-cited Princeton study by Martin Gilens and Benjamin I. Page — “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens” (Perspectives on Politics, vol. 12, no. 3, September 2014, pp. 564–581).
   The entire article is freely available online; see the bibliographic citation on She-philosopher.​com’s Secondary Sources page (in the References section) for a link to the downloadable PDF. ::

#10 (of 13)

an out-of-control initiative process — There were 17 propositions on the ballot in California’s General Election on 11/8/2016, requiring a 223-page Official Voter Information Guide to explain the issues, of which I read every page, plus did additional research of my own, and am all too painfully aware that I still don’t grasp the full legal implications of my vote on each initiative. ::

#11 (of 13)

case-sensitive URL — When a Web address (Uniform Resource Locator or URL) is case-sensitive, capitalization matters, and capital letters must be used where indicated. For example, in the URL for this Web page, the “C” in California, plus the “AB” must be capitalized; all other letters may be input as lower case). ::

#12 (of 13)

the Roman Fasces, with an Ax in it — A bundle of rods bound up with an axe in the middle and its blade projecting. These rods were carried by the lictor, an officer whose functions were to attend upon a magistrate, bearing the fasces before him (as an emblem of the power and authority of the superior magistrates at Rome), and to execute sentence of judgement upon offenders. ::

#13 (of 13)

his Janua — I.e., Janua Linguarum Reserta [The Gates of Languages Unlocked], by Johannes Amos Comenius (Leszno, 1631).
   This was Comenius’s first great published success, printed while he was still living in Poland. “With the exception only of the Bible, Comenius’s Janua was the most widely circulated book on the continent in the second half of the [17th] century.” (B. Asbach-Schnitker, Introduction, lxviin121)
   Janua Linguarum Reserta “was the first of a graded series of texts that proposed a new way of teaching Latin. Comenius proposed shifting the entire emphasis from instruction in words to instruction in things — the things to which the words referred. Comenius wished to replace the previous emphasis on language as rhetoric with language as description. Bacon’s Great Instauration was a central text for him, and he acknowledged that his manner was Baconian. All teaching must be achieved, he argued, not from books and traditions but from things. This material emphasis, and the schemes in which he ordered it, were recognized by Baconians in England, who in 1641 persuaded Comenius to come and join them in a plan to create an institution to further their common aims.” (S. Alpers, The Art of Describing, 94) ::