A Sociolegal Analysis of Formal Land Tenure Systems

A Sociolegal Analysis of Formal Land Tenure Systems
Author: Bernardo Ribeiro de Almeida
Publisher: Routledge
Total Pages: 219
Release: 2022-03-24
Genre: Law
ISBN: 1000563405

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.

Transformations in Independent Timor-Leste

Transformations in Independent Timor-Leste
Author: Susana de Matos Viegas
Publisher: Routledge
Total Pages: 262
Release: 2017-07-14
Genre: Social Science
ISBN: 1315534991

1999 was a decisive year in the long history of the people of Timor-Leste, whose future was open when they voted for independence in a UN-sponsored referendum. Its results left no doubt that the Timorese considered themselves to be a nation wishing to have their own state, which they would rule. This book examines a vast array of transformations that have taken place over the past decades. It puts forward the idea of "cohabitations", which aims at inscribing the mutual influences arising from the existence of distinct social processes not only side by side but in their mutual influences and entanglements, sometimes resulting from effective clashes, some others from peaceful manipulation of social and cultural differences. From this analytical viewpoint of evolving power dynamics of cohabitations, experts in the field investigate issues that have been contentious in the recent past and analyse the challenges that present-day Timor-Leste is facing. Structured in three parts, the contributions address issues of governance, land, as well as the transformation in the traditional culture including conceptions about identity and exchange, and transformations in the ritual and religious experiences of becoming a nation rooted in self-determination. For the first time bringing together original contributions by the most notable experts on Timor-Leste in a cohesive and comprehensive way, the book will be of interest to academics in the field of Southeast Asian Studies, Anthropology, Sociology, Law Studies, History and Political Science.

Research Handbook on the Sociology of Law

Research Handbook on the Sociology of Law
Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2020-12-25
Genre: Law
ISBN: 1789905184

This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Léon Duguit and the Social Obligation Norm of Property

Léon Duguit and the Social Obligation Norm of Property
Author: Paul Babie
Publisher: Springer Nature
Total Pages: 423
Release: 2019-09-07
Genre: Law
ISBN: 981137189X

This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.

A Socio-Legal Study of Hacking

A Socio-Legal Study of Hacking
Author: Michael Anthony C. Dizon
Publisher: Routledge
Total Pages: 268
Release: 2017-12-01
Genre: Computers
ISBN: 1351360140

The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.

Regularization of Informal Settlements in Latin America

Regularization of Informal Settlements in Latin America
Author: Edesio Fernandes
Publisher: Lincoln Inst of Land Policy
Total Pages: 48
Release: 2011
Genre: Political Science
ISBN: 9781558442023

In large Latin American cities the number of dwellings in informal settlements ranges from one-tenth to one-third of urban residences. These informal settlements are caused by low income, unrealistic urban planning, lack of serviced land, lack of social housing, and a dysfunctional legal system. The settlements develop over time and some have existed for decades, often becoming part of the regular development of the city, and therefore gaining rights, although usually lacking formal titles. Whether they are established on public or private land, they develop irregularly and often do not have critical public services such as sanitation, resulting in health and environmental hazards. In this report from the Lincoln Institute of Land Policy, author Edesio Fernandes, a lawyer and urban planner from Latin America, studies the options for regularization of the informal settlements. Regularization is looked at through established programs in both Peru and Brazil, in an attempt to bring these settlements much needed balance and improvement. In Peru, based on Hernando de Soto's theory that tenure security triggers development and increases property value, from 1996 to 2006, 1.5 million freehold titles were issued at a cost of $64 per household. This did result in an increase of property values by about 25 percent, making the program cost effective. Brazil took a much broader and more costly approach to regularization by not only titling the land, but improving public services, job creation, and community support structures. This program in Brazil has had a cost of between $3,500 to $5,000 per household and has affected a much lower percent of the population. The report offers recommendations for improving regularization policy and identifies issues that must be addressed, such as collecting data with baseline figures to get a true evaluation of the benefit of programs established. Also, it shows that each individual informal settlement must have a customized plan, as a single approach will not work for each settlement. There is a need to include both genders for long-term effectiveness and to find ways to make the regularization self-sustaining financially. Any program must be closely monitored to insure the conditions are improved for the marginalized, as well as be sure it is not causing new informal settlements to be established.

Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal

Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal
Author: V. Warikandwa
Publisher: African Books Collective
Total Pages: 575
Release: 2017-09-26
Genre: LAW
ISBN: 9956763470

One of the fundamental challenges in deconstructing, rethinking and remaking the world from a Pan African vantage point is that some captives have tended to delight in the warmth of the [imperial] predators mouth. In other words, some captives forget that the imperial predators mouth gets warm because empire is eating and heating up from prey on the continent. (De-)Militarisation, Transnational Land Grabs and Restitution in an Age of the New Scramble for Africa: A Pan African Socio-Legal Perspective is a book that knocks on key aspects relating to land, militarisation, a PostAfrican World Order and a chaotic Post-God World Order, which require critical scholarly and policy attention in the quest to free Africa from centuries-old imperial depredations. The book carefully navigates the imperial entrapments which are designed to focus African attention only on decolonising African minds without also engaging in the [imperially more unsettling] decolonisation of African materialities.