The Institute of Development Studies (IDS) is a leading global institution for development research, teaching and learning, and impact and communications, based at the University of Sussex.
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Displaying 21 - 25 of 36Breathing Life into Dead Theories about Property Rights: de Soto and Land Relations in Rural Africa
Argues that there are 5 shortcomings in both the old (World Bank) and contemporary (Hernando de Soto) 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.
Reforming Land Rights: The World Bank and the Globalisation of Agriculture
Includes globalisation and agriculture – policies and effects in sub-Saharan Africa; globalisation of agriculture and land; land reform in Southern Africa and the World Bank; World Bank critique – tenure security, land transactions, redistribution. Analyses the World Bank’s policy position on land reform and argues that its approach does not address the structural reasons for the distortions of landholdings in Southern Africa and that such inequality is likely to be reaffirmed and reproduced by the Bank’s proposals.
Making property rights accessible: social movements andlegal innovation in the Philippines
Today, many rural poor Filipinos are using state law to try to claim land rights. In spite of the availability of a much stronger set of legal resources than ever before, claiming legal land rights remains difficult. Some argue these difficulties are a reason to turn away from state-led land reform and toward a market-assisted land reform (MALR) model.
State courts and the regulation of land disputes in Ghana: the litigants’ perspective
This paper argues that Ghanaian litigants in land disputes favour authoritative state legal-institutions over out-of-court settlements. Current policy debates on how to protect the land rights of the majority of customary land holders revolve around the respective merits of customary and non-state regulation (said to be accessible, flexible and socially embedded) versus state systems, which are said to offer more certainty, impartiality and nondiscriminatory codes and procedures.
The Movement of the Landless (MST) and the juridical field in Brazil
This working paper focuses on the Movement of the Landless (MST) and the various legal strategies used to redefine property law in Brazil. Through a number of legal strategies MST has helped produce watershed high court rulings, contributed to the process of constitutionalising law, and made access to land more equitable in parts of Brazil by redefining property rights in practice.The paper explores legal change triggered by the strategic action through what Bourdieu calls the juridical field (relating to the function and administration of the judicial system).