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As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
This book explores the relationships between matrilineal, Islamic and state law, and investigates the dynamics of legal pluralism, governance and property relationships.
Mobile people, mobile law: an introduction, Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Anne Griffiths; Transborder citizenship: an outcome of legal pluralism within transnational social fields, Nina Glick Schiller; Transnational migration and the re-framing of normative values, Monique Nuijten; 'Global fire': repatriation and reparations from a Rastafari (re)migrants perspective, Werner Zips; McTradition in the new South Africa: commodified custom and rights talk with the Bafokeng and the Bapedi, Barbara Oomen; Democracy in flux: time, mobility and sedentarization of law in Minangkabau, Indonesia, Franz von Benda-Beckmann and Keebet von Benda-Beckmann; Mobile law and globalism: ...
How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
How are time-honored tenets of faith, different ritual sensibilities, and newly emerging eschatological imaginaries articulated with other normative registers and moral susceptibilities in disputes? This book examines such questions through cases in Europe, the United States, Israel, Africa, and South and Southeast Asia.
Ten diverse ethnographic case studies renew the anthropological perspective on property.
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of ...