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Author: Daniel Fitzpatrick
Publisher: Routledge
ISBN: 131707470X
Category : Law
Languages : en
Pages : 335
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Book Description
Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.
Author: Daniel Fitzpatrick
Publisher: Routledge
ISBN: 131707470X
Category : Law
Languages : en
Pages : 335
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Book Description
Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.
Author: Franz von Benda-Beckmann
Publisher: BRILL
ISBN: 9004287175
Category : Law
Languages : en
Pages : 473
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Book Description
This book deals with the property and inheritance system of the matrilineal Minangkabau of West Sumatra in the context of legal pluralism. The author proposes a new anthropological approach to law, property and inheritance. After the description of the Minangkabau socio-political organization and the development of legal and administrative pluralism, three chapters are devoted to property and inheritance proper. First the ideal legal systems are described. Then he illustrates how the Minangkabau actually handle their property and inheritance affairs, and how the various regulating mechanisms have changed through history. Finally the different agents creating and changing legal conceptions are treated in historical perspective. In his conclusions the author shows how the traditional system of common holding and distributing of property by matrilineal descent groups is slowly being undermined through an increasing monetarization and consequent individualization of property relationships which finds its expression in the form of new legislation. This development is reflected in the conceptual system where the formerly predominant diachronic dimension of property relationships is slowly abolished and where property rights are increasingly reified.
Author: Franz von Benda-Beckmann
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Franz von Benda-Beckmann
Publisher: Berghahn Books
ISBN: 9781845457273
Category : Business & Economics
Languages : en
Pages : 384
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Book Description
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.
Author: Sarah Blandy
Publisher: Bloomsbury Publishing
ISBN: 1509958703
Category : Law
Languages : en
Pages : 354
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Book Description
For those embarking on or engaged in property law research, this is a unique resource which includes contributions from twelve international scholars who each analyse a different research approach, addressing its value, associated methodology and the challenges involved in pursuing it.
Author: Toon van Meijl
Publisher: Routledge
ISBN: 1136177841
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
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.
Author: John Gilchrist
Publisher: Springer
ISBN: 3319956906
Category : Law
Languages : en
Pages : 292
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Book Description
This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing.
Author: Veit Braun
Publisher: Policy Press
ISBN: 1529233666
Category : Law
Languages : en
Pages : 214
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Book Description
This book explores the idea of ownership in the realm of plant breeding, revealing how plants have been legally and physically transformed into property. It highlights the controversial aspects in the process of turning seeds, plants and genes into property and how this endangers the viability of the seed industry.
Author: Lilis Mulyani
Publisher: Taylor & Francis
ISBN: 1000642402
Category : Social Science
Languages : en
Pages : 158
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Book Description
This book explores the ambiguous legal status of traditional–adat–communities in Indonesia and their informal, traditional rights to communal–ulayat–land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.
Author: Jeffrey Hadler
Publisher: Cornell University Press
ISBN: 0801468698
Category : History
Languages : en
Pages : 261
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Book Description
Muslims and Matriarchs is a history of an unusual, probably heretical, and ultimately resilient cultural system. The Minangkabau culture of West Sumatra, Indonesia, is well known as the world's largest matrilineal culture; Minangkabau people are also Muslim and famous for their piety. In this book, Jeffrey Hadler examines the changing ideas of home and family in Minangkabau from the late eighteenth century to the 1930s. Minangkabau has experienced a sustained and sometimes violent debate between Muslim reformists and preservers of indigenous culture. During a protracted and bloody civil war of the early nineteenth century, neo-Wahhabi reformists sought to replace the matriarchate with a society modeled on that of the Prophet Muhammad. In capitulating, the reformists formulated an uneasy truce that sought to find a balance between Islamic law and local custom. With the incorporation of highland West Sumatra into the Dutch empire in the aftermath of this war, the colonial state entered an ongoing conversation. These existing tensions between colonial ideas of progress, Islamic reformism, and local custom ultimately strengthened the matriarchate. The ferment generated by the trinity of oppositions created social conditions that account for the disproportionately large number of Minangkabau leaders in Indonesian politics across the twentieth century. The endurance of the matriarchate is testimony to the fortitude of local tradition, the unexpected flexibility of reformist Islam, and the ultimate weakness of colonialism. Muslims and Matriarchs is particularly timely in that it describes a society that experienced a neo-Wahhabi jihad and an extended period of Western occupation but remained intellectually and theologically flexible and diverse.
