This chapter argues that if possession is nine-tenths of the law — of property — then legalization is the last tenth: the persuasion that the possession is legal. This persuasion depends on legal posturing to produce an air of legality to make claims pass as legal. Legalization is about meaning and social contract. Dismissing law and property as a hoax or a sham in order to focus on “actual,” “factual” access, whether legalized or not, may effectively redact the production of meaning and social contracts in which people seem deeply engaged. The chapter then discusses the structural contingency of change and endurance, and the respective powers to fix and undo property. While all the implicated actors are law makers, in principle, they are not equally in control of its direction. Undoing competing claims often requires the momentary capacity of violence and abrogation, whereas entrenching new ones requires an enduring capacity to perpetuate the recognition of claims. Whereas institutionalization is an achievement demanding stamina, its destruction only has to succeed once.
{"title":"The Last Tenth","authors":"C. Lund","doi":"10.2307/j.ctv1b0fw9d.15","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.15","url":null,"abstract":"This chapter argues that if possession is nine-tenths of the law — of property — then legalization is the last tenth: the persuasion that the possession is legal. This persuasion depends on legal posturing to produce an air of legality to make claims pass as legal. Legalization is about meaning and social contract. Dismissing law and property as a hoax or a sham in order to focus on “actual,” “factual” access, whether legalized or not, may effectively redact the production of meaning and social contracts in which people seem deeply engaged. The chapter then discusses the structural contingency of change and endurance, and the respective powers to fix and undo property. While all the implicated actors are law makers, in principle, they are not equally in control of its direction. Undoing competing claims often requires the momentary capacity of violence and abrogation, whereas entrenching new ones requires an enduring capacity to perpetuate the recognition of claims. Whereas institutionalization is an achievement demanding stamina, its destruction only has to succeed once.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"34 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120978825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Book file PDF easily for everyone and every device. You can download and read online Another Fine Mess file PDF Book only if you are registered here. And also you can download or read online all Book PDF file that related with Another Fine Mess book. Happy reading Another Fine Mess Bookeveryone. Download file Free Book PDF Another Fine Mess at Complete PDF Library. This Book have some digital formats such us :paperbook, ebook, kindle, epub, fb2 and another formats. Here is The Complete PDF Book Library. It's free to register here to get Book file PDF Another Fine Mess.
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{"title":"Another Fine Mess","authors":"Jeanette Gregory Streeper","doi":"10.2307/j.ctv1b0fw9d.14","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.14","url":null,"abstract":"Book file PDF easily for everyone and every device. You can download and read online Another Fine Mess file PDF Book only if you are registered here. And also you can download or read online all Book PDF file that related with Another Fine Mess book. Happy reading Another Fine Mess Bookeveryone. Download file Free Book PDF Another Fine Mess at Complete PDF Library. This Book have some digital formats such us :paperbook, ebook, kindle, epub, fb2 and another formats. Here is The Complete PDF Book Library. It's free to register here to get Book file PDF Another Fine Mess.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"2018 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131442089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.
{"title":"Possession Is Nine-Tenths of the Law","authors":"Christian Lund","doi":"10.2307/j.ctv1b0fw9d.8","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.8","url":null,"abstract":"This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116854149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There are significant productivity gains to be realised in track maintenance through capital expenditure in both the maintenance task itself ( e.g. mechanisation), and by moving to higher quality, lower maintenance track. However, there is also a need to ensure that maintenance of existing networks is undertaken according to a plan which maximises overall net benefit to the rail operator. In Australian freight operations, maintenance costs comprise between 25 -35 percent of total train operating costs. Therefore, it is important that the track maintenance planning function is undertaken in an effective and efficient manner. This applies to short-term planning such as daily scheduling of projects; as well as the medium to long-term planning of required maintenance projects. Maintenance activities can be conveniently classified into routine, spot and production activities. Routine activities are those which are insensitive to volume of the traffic. They are usually carried out at regular intervals and include the following: vegetation control; repair of fences, gates, signs and posts; herbicide application; and routine inspections. The main purpose of spot maintenance is to maintain track in its existing state. The activities are usually carried out whenever defects are identified by manual or automated inspections. They include the following: spot replacement of minor track components, sleepers and short rail sections; repair of joints and weldings; spot ballast packing; and spot stone blowing. Production maintenance refers to activities which have a significant impact on track condition. They include the following: tamping; stone blowing; ballast regulation, stabilization and cleaning; rail grinding; re-sleepering; and re-railing.
{"title":"On Track","authors":"S. Roy","doi":"10.2307/j.ctv1b0fw9d.13","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.13","url":null,"abstract":"There are significant productivity gains to be realised in track maintenance through capital expenditure in both the maintenance task itself ( e.g. mechanisation), and by moving to higher quality, lower maintenance track. However, there is also a need to ensure that maintenance of existing networks is undertaken according to a plan which maximises overall net benefit to the rail operator. In Australian freight operations, maintenance costs comprise between 25 -35 percent of total train operating costs. Therefore, it is important that the track maintenance planning function is undertaken in an effective and efficient manner. This applies to short-term planning such as daily scheduling of projects; as well as the medium to long-term planning of required maintenance projects. Maintenance activities can be conveniently classified into routine, spot and production activities. Routine activities are those which are insensitive to volume of the traffic. They are usually carried out at regular intervals and include the following: vegetation control; repair of fences, gates, signs and posts; herbicide application; and routine inspections. The main purpose of spot maintenance is to maintain track in its existing state. The activities are usually carried out whenever defects are identified by manual or automated inspections. They include the following: spot replacement of minor track components, sleepers and short rail sections; repair of joints and weldings; spot ballast packing; and spot stone blowing. Production maintenance refers to activities which have a significant impact on track condition. They include the following: tamping; stone blowing; ballast regulation, stabilization and cleaning; rail grinding; re-sleepering; and re-railing.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131571803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"INDEX","authors":"","doi":"10.2307/j.ctv1b0fw9d.18","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.18","url":null,"abstract":"","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124886543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-05DOI: 10.12987/YALE/9780300251074.003.0007
C. Lund
This chapter studies three neighborhoods in Medan to map out the contentious patterns of legalization of urbanizing land. The city's expansion has largely taken place on land that was once under plantation leases. People and developers have not always waited for the land to be legally released for other purposes, and when leases finally lapsed, new urban neighborhoods or industry, rather than plantation crops, would already stand on it. This produced a legal conundrum. When a plantation lease expired, land would revert to the state of Indonesia. The state would then have several options: renewal of the lease or a change in land use and the issuing of other new leases. Renewal of a plantation lease for a densely built neighborhood spelled trouble, but so did issuing new leases for other land uses. In reality, a third, messier, option was often preferred: inaction, referral, kicking the can down the road, post festum approval, and leaving it to land-hungry people, movements, gangs, companies, soldiers, and government agencies to rough it out.
{"title":"Another Fine Mess","authors":"C. Lund","doi":"10.12987/YALE/9780300251074.003.0007","DOIUrl":"https://doi.org/10.12987/YALE/9780300251074.003.0007","url":null,"abstract":"This chapter studies three neighborhoods in Medan to map out the contentious patterns of legalization of urbanizing land. The city's expansion has largely taken place on land that was once under plantation leases. People and developers have not always waited for the land to be legally released for other purposes, and when leases finally lapsed, new urban neighborhoods or industry, rather than plantation crops, would already stand on it. This produced a legal conundrum. When a plantation lease expired, land would revert to the state of Indonesia. The state would then have several options: renewal of the lease or a change in land use and the issuing of other new leases. Renewal of a plantation lease for a densely built neighborhood spelled trouble, but so did issuing new leases for other land uses. In reality, a third, messier, option was often preferred: inaction, referral, kicking the can down the road, post festum approval, and leaving it to land-hungry people, movements, gangs, companies, soldiers, and government agencies to rough it out.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134313328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-05DOI: 10.1057/9781137411228.0006
C. Lund
{"title":"On Track","authors":"C. Lund","doi":"10.1057/9781137411228.0006","DOIUrl":"https://doi.org/10.1057/9781137411228.0006","url":null,"abstract":"","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131167000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Acknowledgments","authors":"","doi":"10.2307/j.ctv1b0fw9d.4","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.4","url":null,"abstract":"","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122564014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CHRONOLOGY","authors":"","doi":"10.2307/j.ctv1b0fw9d.6","DOIUrl":"https://doi.org/10.2307/j.ctv1b0fw9d.6","url":null,"abstract":"","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126102017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-05DOI: 10.12987/YALE/9780300251074.003.0002
C. Lund
This chapter examines the longue durée reproduction of the material agrarian structure and the violently and radically changing political regimes. It operates at two levels. First, on the large scale of time and space, the chapter shows how the political contexts over time have supported and undermined various land claims at different junctures — from the first Dutch land acquisition in the 1860s in North Sumatra through Japanese occupation, social revolution, “guided democracy,” the “New Order,” and reformasi. It also demonstrates how the patterns of claims and counterclaims, acquisitions and evictions, occupations and retreats, have emerged. Second, the chapter provides a detailed analysis of a single, emblematic, enduring conflict. The local case shows how legalization, in connection with the other nine-tenths of the law, allowed plantation agriculture to hold off smallholder challenges for decades. Some claims in this land struggle challenged the status quo, but proved to be ephemeral and short-lived. Other claims, however, reproduced effectively. They hardened and institutionalized, propped up by statutory law, regulation, force, and other practices.
{"title":"Ground Work","authors":"C. Lund","doi":"10.12987/YALE/9780300251074.003.0002","DOIUrl":"https://doi.org/10.12987/YALE/9780300251074.003.0002","url":null,"abstract":"This chapter examines the longue durée reproduction of the material agrarian structure and the violently and radically changing political regimes. It operates at two levels. First, on the large scale of time and space, the chapter shows how the political contexts over time have supported and undermined various land claims at different junctures — from the first Dutch land acquisition in the 1860s in North Sumatra through Japanese occupation, social revolution, “guided democracy,” the “New Order,” and reformasi. It also demonstrates how the patterns of claims and counterclaims, acquisitions and evictions, occupations and retreats, have emerged. Second, the chapter provides a detailed analysis of a single, emblematic, enduring conflict. The local case shows how legalization, in connection with the other nine-tenths of the law, allowed plantation agriculture to hold off smallholder challenges for decades. Some claims in this land struggle challenged the status quo, but proved to be ephemeral and short-lived. Other claims, however, reproduced effectively. They hardened and institutionalized, propped up by statutory law, regulation, force, and other practices.","PeriodicalId":103593,"journal":{"name":"Nine-Tenths of the Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125269571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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