Breathing Life Into Dead Theories about Property Rights

Breathing Life Into Dead Theories about Property Rights PDF Author: Celestine Itumbi Nyamu
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 34

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Book Description
Presumption of a direct causal link between formalisation of property rights and economic productivity is back on the international development agenda. Belief in such a direct causal relationship had been abandoned in the early 1990s, following four decades of land tenure reform experiments that failed to produce the anticipated efficiency results. The work of Hernando de Soto has provided the springboard for this revival. De Soto argues that formal property rights hold the key to poverty reduction by unlocking the capital potential of assets held informally by poor people. De Soto's justifications of formal title do not differ much from justifications that were advanced for ambitious land tenure reforms in various sub-Saharan African countries, starting with Kenya in the 1950s. Introduction of formal title in the African areas was seen as the key to solving problems of land degradation and improving agriculture by providing farmers with security of tenure that would create incentives for further investment in the land. This paper argues that there are five shortcomings in both the old and contemporary arguments for formalisation of land title. First, legality is constructed narrowly to mean only formal legality. Therefore legal pluralism is equated with extra-legality. Second, there is an underlying social evolutionist bias that presumes inevitability of the transition to private (conflated with individual) ownership as the destiny of all societies. Third, the presumed link between formal title and access to credit facilities has not been borne out by empirical evidence. Fourth, markets in land are understood narrowly to refer only to 'formal markets'. Fifth, the arguments in favour of formulisation of title as the means to secure tenure ignore the fact that formal title could also generate insecurity.

Property Rights in Land

Property Rights in Land PDF Author: Rosa Congost
Publisher: Taylor & Francis
ISBN: 1315439956
Category : Business & Economics
Languages : en
Pages : 222

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Book Description
Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes.

The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons PDF Author: Anneke Smit
Publisher: Routledge
ISBN: 1136331433
Category : Law
Languages : en
Pages : 268

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Book Description
The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.

Women's Property Rights Under CEDAW

Women's Property Rights Under CEDAW PDF Author: José E. Alvarez
Publisher: Oxford University Press
ISBN: 0197751873
Category : Law
Languages : en
Pages : 433

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Book Description
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

The Palgrave Encyclopedia of Peace and Conflict Studies

The Palgrave Encyclopedia of Peace and Conflict Studies PDF Author: Oliver P. Richmond
Publisher: Springer Nature
ISBN: 3030779548
Category : Political Science
Languages : en
Pages : 1796

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Book Description
This encyclopaedia provides a comprehensive overview of major theories and approaches to the study of peace and conflict across different humanities and social sciences disciplines. Peace and conflict studies (PCS) is one of the major sub-disciplines of international studies (including political science and international relations), and has emerged from a need to understand war, related systems and concepts and how to respond to it afterward. As a living reference work, easily discoverable and searchable, the Palgrave Encyclopedia of Peace and Conflict Studies offers solid material for understanding the foundational, historical, and contemporary themes, concepts, theories, events, organisations, and frameworks concerning peace, conflict, security, rights, institutions and development. The Palgrave Encyclopaedia of Peace and Conflict Studies brings together leading and emerging scholars from different disciplines to provide the most comprehensive and up-to-date resource on peace and conflict studies ever produced.

The Oxford Handbook of Empirical Legal Research

The Oxford Handbook of Empirical Legal Research PDF Author: Peter Cane
Publisher: OUP Oxford
ISBN: 0191635421
Category : Law
Languages : en
Pages : 1112

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Book Description
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Pro-poor Land Reform

Pro-poor Land Reform PDF Author: Saturnino M. Borras
Publisher: University of Ottawa Press
ISBN: 0776617710
Category : Business & Economics
Languages : en
Pages : 432

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Book Description
Using empirical case materials from the Philippines and referring to rich experiences from different countries historically, this book offers conceptual and practical conclusions that have far-reaching implications for land reform throughout the world. Examining land reform theory and practice, this book argues that conventional practices have excluded a significant portion of land-based production and distribution relationships, while they have inadvertently included land transfers that do not constitute real redistributive reform. By direct implication, this book is a critique of both mainstream market led agrarian reform and conventional state-led land reform. It offers an alternative perspective on how to move forward in theory and practice and opens new paths in land policy research.

The Routledge Handbook of Transregional Studies

The Routledge Handbook of Transregional Studies PDF Author: Matthias Middell
Publisher: Routledge
ISBN: 0429796420
Category : History
Languages : en
Pages : 704

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Book Description
The Routledge Handbook of Transregional Studies brings together the various fields within which transregional phenomena are scientifically observed and analysed. This handbook presents the theoretical and methodological potential of such studies for the advancement of the conceptualization of global and area-bound developments. Following three decades of intense debate about globalization and transnationalism, it has become clear that border-crossing connections and interactions between societies are highly important, yet not all extend beyond the borders of nation-states or are of truly world-wide reach. The product of extensive international and interdisciplinary cooperation, this handbook is divided into ten sections that introduce the wide variety of topics within transregional studies, including Colonialism and Post-Colonial Studies, Spatial Formats, International Organizations, Religions and Religious Movements, and Transregional Studies and Narratives of Globalization. Recognizing that transregional studies asks about the space-making and space-formatting character of connections as well as the empirical status of such connections under the global condition, the volume reaches beyond the typical confines of area and regional studies to consider how areas are transcended and transformed more widely. Combining case studies with both theoretical and methodological considerations, The Routledge Handbook of Transregional Studies provides the first overview of the currently flourishing field of transregional studies and is the ideal volume for students and scholars of this diverse subject and its related fields.

Transnational Agrarian Movements Confronting Globalization

Transnational Agrarian Movements Confronting Globalization PDF Author: Saturnino M. Borras, Jr.
Publisher: John Wiley & Sons
ISBN: 1444307207
Category : Technology & Engineering
Languages : en
Pages : 376

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Book Description
Readers of this book will encounter peasants and farmers whostruggle at home and traverse national borders to challenge theWorld Trade Organization and other powerful global institutions. Studies the activists in Brazil who uproot plots of geneticallymodified soybeans, forest dwellers in Indonesia who chop downrubber plantations to cultivate rice to feed their families,‘runaway villages’ in China that take up arms to resistcorrupt officials, and Mexican migrants who, having exited indesperation, return from abroad to transform their communities Little-known transnational agrarian movements of the earlytwentieth century share the stage with more recent, high-profileglobal alliances, such as Vía Campesina Celebrates a dynamic sector of international civil society, andtackles the thorny questions of successes and failures, ethical andpolitical dilemmas, troubled alliances with NGOs, protestrepertoires, and representation claims Analyzes contemporary collective action in all its complexity,acknowledging ambiguities and contradictions, posing challengingquestions, and providing concrete strategies for scholars andactivists

Market-Led Agrarian Reform

Market-Led Agrarian Reform PDF Author: Saturnino Borras Jr.
Publisher: Routledge
ISBN: 131799096X
Category : Business & Economics
Languages : en
Pages : 224

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Book Description
Three-fourths of the world’s poor are rural poor. Most of the rural poor remain dependent on land-based livelihoods for their incomes and reproduction despite significant livelihood diversification in recent years. Land issue remains critical to any development discourse today. Market-led agrarian reform (MLAR) has gained prominence since the early 1990s as an alternative to state-led land reforms. This neoliberal policy is based on the inversion of what its proponents see as the features of earlier approaches, and calls for redistribution via privatized, decentralized transactions between ‘willing sellers’ and ‘willing buyers’. Its proponents, especially those associated with the World Bank, have claimed success where the policy has been implemented, but such claims have been contested by independent scholars as well as by peasant movements who are struggling to gain access to land. This book presents three thematic papers and six country studies. The thematic papers address issues of formalisation of property rights, gendered land rights, and neoliberal enclosure. These studies demonstrate the pervasive influence of neoliberal ideas on property rights and rural development debates, well beyond the ‘core’ question of land redistribution. The country cases bring together experiences from Brazil, Guatemala, El Salvador, Philippines, South Africa and Egypt. Common findings include the success of landowners in minimising the impact of reform, and a lack of post-transfer support, translating into marginal impact on poverty. The limitations of the market-led approach, and the implications of the studies presented here for the future of agrarian reform, are considered in the editors’ introduction. This book was a special issue of The Third World Quarterly.