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Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
First Published in 1999. This book provides a critical analysis of the widespread assumption that the formalisation and standardisation of property rights through state legislation has a positive impact on economic development. It is based on anthropological case studies of land and natural resource rights in Southeast Asia and Oceania. These suggest that the economic impact of the formalisation of property rights is not necessarily positive, certainly not for all categories of peoples. They also suggest that state reform of property rights do not necessarily eliminate the conditions of legal pluralism, but rather add new legal structures to an already complex constellation of property rights and duties. The point of departure for the empirical analyses of the central hypothesis examined in this book is that the practical significance of complex forms of property rights and related socio-economic practices cannot be usefully examined within formalistic, one-dimensional and normatively oriented legalistic or economic approaches. Instead, an anthropoligical approach to law is advocated in order to analyse the complicated, multi-dimensional relationships between property rights and economic development, and their embeddedness in social practice. Based on this approach, the contributions to this book show how different people and institutions attribute different meanings to the various components of property relationships, and how they use them as resources in their everyday lives and social struggles.
Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.
The World Bank Legal Review is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: Equity and Development, and following the success of the World Bank Group’s Legal Forum on “Law, Equity, and Development” in December 2005, volume 2 of The World Bank Legal Review focuses on issues of equity and development. The volume draws together some of the key ideas of the Legal Forum, including articles by many of its distinguished participants, and explores the role of equity in the development process, highlighting how legal and regulatory frameworks and equitable justice systems can do much to level the playing field in the political, economic, and sociocultural domains, as well as how they can reinforce existing inequalities. Consistent with the interdisciplinary nature of this endeavour, Law, Equity and Development contains work by academics and practitioners in law, criminal justice, economics, human rights, social development, cultural studies, and anthropology.
This book explores the relationships between matrilineal, Islamic and state law, and investigates the dynamics of legal pluralism, governance and property relationships.