Legal Pluralism and Dynamic Property Rights PDF Download

Author: Ruth S. Meinzen-Dick
Publisher:
ISBN:
Category : Legal polycentricity
Languages : en
Pages : 36

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Book Description
This paper illustrates the implications of legal pluralism for our understanding of natural resource management and policies toward resource tenure, using the example of water rights.

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107019400
Category : Law
Languages : en
Pages : 271

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Book Description
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.

Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author:
Publisher: LIT Verlag Münster
ISBN: 3643998694
Category :
Languages : en
Pages : 227

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Book Description

Author: Olivier De Schutter
Publisher: Routledge
ISBN: 1317220021
Category : Business & Economics
Languages : en
Pages : 386

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Book Description
Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

Author: Julia Dehm
Publisher: Cambridge University Press
ISBN: 1108423760
Category : Business & Economics
Languages : en
Pages : 439

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Book Description
REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.

Author:
Publisher: BRILL
ISBN: 9004362118
Category : Social Science
Languages : en
Pages : 197

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Book Description
In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.

Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 0190861584
Category : Law
Languages : en
Pages : 208

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Book Description
Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Author: Scott Leckie
Publisher: Cambridge University Press
ISBN: 1139495615
Category : Law
Languages : en
Pages : 313

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Book Description
Housing, land and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the UN and others seeking to build long-term peace. This book analyses the ubiquitous HLP challenges present in all conflict and post-conflict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace and conflict studies but will have a wider readership among practitioners working for international institutions such as the United Nations and the World Bank, non-governmental organizations, and national agencies in the developing world.

Author: Melanie Wiber
Publisher:
ISBN:
Category : Biodiversity
Languages : en
Pages : 27

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Book Description
"This paper argues, from the perspective of legal pluralism, that both private and public properties are voracious. In recent western developments, they each expand by trying to 'eating the other up.' Western property theory promotes this dualistic game of voracious property types. In exporting this game world wide through privatization, international agreements and regulations many other more balanced approaches to property, which fall between the public/private divide, are being consumed as well (as in kin group corporate property, cultural property etc.). Such a dualistic model of property limits our understanding of the ways in which the property rights of different claimants are interdependent. This interdependence arises not only from legal institutions that mediate property rights, but also from social institutions that determine and distribute rights, and how these legal and social institutions interface. The three-tiered model presented in this paper--ideological, legal, and social--reveals the systemic nature of property rights. Issues concerning 'new' forms of intellectual property, as well as the management of natural resources, highlight the limitations of the ideological approach to property rights, which largely ignores the legal and social relationships embedded in these forms of property. This paper explores the implications of such voracious property for biodiversity."--Author's Abstract.