Pub Date : 2021-05-04DOI: 10.1080/07329113.2021.1925458
S. Graca
Abstract This article provides a theoretically informed examination of migrant women’s responses to domestic abuse in the host country. It departs from an analysis of research on South Asian women in England, on Portuguese women in England and on Portuguese women in Canada to suggest that women’s apparent lack of mobilisation of law (primarily by eschewing contact with the justice system of the host country and preferring informality), both perpetuates hegemonic discourses and presents a possibility for change. The theoretical approach undertaken combines literature on legal consciousness, power and resistance, and on socio-cultural structures and barriers that affect migrant women. The article ultimately suggests that, rather than an acceptance of hegemonic discourses, women’s behaviour is best understood as a form of resistance to, and from within, socio-cultural pressures encountered in everyday life; as a form of “entrenched” resistance.
{"title":"Resistance and the paradox of legal entitlement – a theoretical analysis of migrant women’s responses to domestic abuse in the host country","authors":"S. Graca","doi":"10.1080/07329113.2021.1925458","DOIUrl":"https://doi.org/10.1080/07329113.2021.1925458","url":null,"abstract":"Abstract This article provides a theoretically informed examination of migrant women’s responses to domestic abuse in the host country. It departs from an analysis of research on South Asian women in England, on Portuguese women in England and on Portuguese women in Canada to suggest that women’s apparent lack of mobilisation of law (primarily by eschewing contact with the justice system of the host country and preferring informality), both perpetuates hegemonic discourses and presents a possibility for change. The theoretical approach undertaken combines literature on legal consciousness, power and resistance, and on socio-cultural structures and barriers that affect migrant women. The article ultimately suggests that, rather than an acceptance of hegemonic discourses, women’s behaviour is best understood as a form of resistance to, and from within, socio-cultural pressures encountered in everyday life; as a form of “entrenched” resistance.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87082886","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 : 2021-05-04DOI: 10.1080/07329113.2021.1937857
A. Yekini
University Press. Flick, Uwe. 2009. An Introduction to Qualitative Research. 3rd ed. London, Thousand Oaks, New Delhi: SAGE Publications. Herklotz, Tanja. 2020. “Kalindi Kokal, State Law, Dispute Processing, and Legal Pluralism: Unspoken Dialogues from Rural India, Routledge, London, 2020, 218 Pages, £120.00, ISBN: 9781138625211.” Verfassung in Recht Und € Ubersee 53 (1): 72–76. doi:10.5771/0506-7286-2020-1-72. Kokal, Kalindi. 2014. “To Lead or to Follow? Supreme Court and Community ‘Justice.” Economic and Political Weekly 49 (50): 19–21. Kokal, Kalindi. 2020. State Law, Dispute Processing and Legal Pluralism: Unspoken Dialogues from Rural India. Law and Anthropology. London: Routledge. LiveLaw News Network. 2021. “Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court.” LiveLaw, February 18, sec. Top Stories. https://www.livelaw.in/top-stories/89-cpc-private-settle-dispute-refund-court-feesupreme-court-170070. Merry, Sally Engle. 2006. “Transnational Human Rights and Local Activism: Mapping the Middle.” American Anthropologist 108 (1): 38–51. doi:10.1525/aa.2006.108.1.38. Merry, Sally Engle, and Peggy Levitt. 2017. “The Vernacularization of Women’s Human Rights.” In Human Rights Futures, edited by Stephen Hopgood, Jack Snyder, and Leslie Vinjamuri, 213–236. Cambridge: Cambridge University Press. Rooij, Benjamin van. 2006. Regulating Land and Pollution in China : Lawmaking, Compliance, and Enforcement : Theory and Cases. Leiden: Van Vollenhoven Institute for Law, Faculty of Law, Leiden University. Silbey, Susan S. 2005. “After Legal Consciousness.” Annual Review of Law and Social Science 1 (1): 323–368. doi:10.1146/annurev.lawsocsci.1.041604.115938. Snyder, Francis G. 1981. “Anthropology, Dispute Processes and Law: A Critical Introduction.” British Journal of Law and Society 8 (2): 141–180. doi:10.2307/1409719.
{"title":"Private international law in Nigeria","authors":"A. Yekini","doi":"10.1080/07329113.2021.1937857","DOIUrl":"https://doi.org/10.1080/07329113.2021.1937857","url":null,"abstract":"University Press. Flick, Uwe. 2009. An Introduction to Qualitative Research. 3rd ed. London, Thousand Oaks, New Delhi: SAGE Publications. Herklotz, Tanja. 2020. “Kalindi Kokal, State Law, Dispute Processing, and Legal Pluralism: Unspoken Dialogues from Rural India, Routledge, London, 2020, 218 Pages, £120.00, ISBN: 9781138625211.” Verfassung in Recht Und € Ubersee 53 (1): 72–76. doi:10.5771/0506-7286-2020-1-72. Kokal, Kalindi. 2014. “To Lead or to Follow? Supreme Court and Community ‘Justice.” Economic and Political Weekly 49 (50): 19–21. Kokal, Kalindi. 2020. State Law, Dispute Processing and Legal Pluralism: Unspoken Dialogues from Rural India. Law and Anthropology. London: Routledge. LiveLaw News Network. 2021. “Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court.” LiveLaw, February 18, sec. Top Stories. https://www.livelaw.in/top-stories/89-cpc-private-settle-dispute-refund-court-feesupreme-court-170070. Merry, Sally Engle. 2006. “Transnational Human Rights and Local Activism: Mapping the Middle.” American Anthropologist 108 (1): 38–51. doi:10.1525/aa.2006.108.1.38. Merry, Sally Engle, and Peggy Levitt. 2017. “The Vernacularization of Women’s Human Rights.” In Human Rights Futures, edited by Stephen Hopgood, Jack Snyder, and Leslie Vinjamuri, 213–236. Cambridge: Cambridge University Press. Rooij, Benjamin van. 2006. Regulating Land and Pollution in China : Lawmaking, Compliance, and Enforcement : Theory and Cases. Leiden: Van Vollenhoven Institute for Law, Faculty of Law, Leiden University. Silbey, Susan S. 2005. “After Legal Consciousness.” Annual Review of Law and Social Science 1 (1): 323–368. doi:10.1146/annurev.lawsocsci.1.041604.115938. Snyder, Francis G. 1981. “Anthropology, Dispute Processes and Law: A Critical Introduction.” British Journal of Law and Society 8 (2): 141–180. doi:10.2307/1409719.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85778414","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 : 2021-05-04DOI: 10.1080/07329113.2021.1937858
Armando Guevara Gil
I first met André on Saturday, September 1st, 2001. I visited him and his beloved wife Yolanda at their home in Bickerseiland, Amsterdam, after attending the inaugural MARE Conference organized by Maarten Bavinck. I saw him for the last time on Sunday, December 1st, 2019 in his nursing home at Haarlem, thanks to the kindness of his brother Jan, his friends Theo Konijn and Trudi Frankhuizen, and my old friend Erik Weiffenbach. I assured him I was going to return in the spring of last year, but the pandemic prevented me from fulfilling my promise. Unfortunately, he passed away on November 16th, 2020, so I am left with only these hesitant words to honour an outstanding scholar, mentor and friend. Since the Commission on Legal Pluralism is a fairly young and small academic community with close intergenerational ties, I see no reason in providing a detailed account of André ́s scholarly achievements. I will only refer to those related to his engagement with Latin American legal anthropology. Fortunately, professor Rob Schwitters has already written an obituary underscoring his contributions to legal sociology and anthropology, his role as concerned citizen, and his humanist approach to higher education.1 It will be enough to remember that André studied law and sociology at Utrecht University, where he obtained his doctorate in 1972 with a dissertation on petty crime in the ports of Rotterdam. He then lectured for five years at the Free University of Amsterdam. In 1978 he started his forty-year career at the University of Amsterdam. There, he taught Sociology of Law and Legal Pluralism to generations of law students and social scientists, and between 1984 and 2014 graduated nothing less than 28 PhDs. As professor Schwitters reminds us, André was a member of the pioneers that in the 1970s sowed the field of sociology of law in The Netherlands. Given the prevailing division of labour between legal sociology and anthropology at the time, he focused his research on transgression and sanction, bureaucratic decision-making, alternative forms of governance, and changes in formal regulatory regimes. Afterwards, under the influence of the perspective of legal pluralism and a sense of global justice, he became keenly interested in the livelihood of indigenous peoples, particularly in Latin America.2 As part of this human, political, and academic concern, Hoekema contributed in several fields. First, he published influential works widely used in the legal anthropological debates of the region and in the pleas for recognition and autonomy put
{"title":"André Hoekema (1940–2020)","authors":"Armando Guevara Gil","doi":"10.1080/07329113.2021.1937858","DOIUrl":"https://doi.org/10.1080/07329113.2021.1937858","url":null,"abstract":"I first met André on Saturday, September 1st, 2001. I visited him and his beloved wife Yolanda at their home in Bickerseiland, Amsterdam, after attending the inaugural MARE Conference organized by Maarten Bavinck. I saw him for the last time on Sunday, December 1st, 2019 in his nursing home at Haarlem, thanks to the kindness of his brother Jan, his friends Theo Konijn and Trudi Frankhuizen, and my old friend Erik Weiffenbach. I assured him I was going to return in the spring of last year, but the pandemic prevented me from fulfilling my promise. Unfortunately, he passed away on November 16th, 2020, so I am left with only these hesitant words to honour an outstanding scholar, mentor and friend. Since the Commission on Legal Pluralism is a fairly young and small academic community with close intergenerational ties, I see no reason in providing a detailed account of André ́s scholarly achievements. I will only refer to those related to his engagement with Latin American legal anthropology. Fortunately, professor Rob Schwitters has already written an obituary underscoring his contributions to legal sociology and anthropology, his role as concerned citizen, and his humanist approach to higher education.1 It will be enough to remember that André studied law and sociology at Utrecht University, where he obtained his doctorate in 1972 with a dissertation on petty crime in the ports of Rotterdam. He then lectured for five years at the Free University of Amsterdam. In 1978 he started his forty-year career at the University of Amsterdam. There, he taught Sociology of Law and Legal Pluralism to generations of law students and social scientists, and between 1984 and 2014 graduated nothing less than 28 PhDs. As professor Schwitters reminds us, André was a member of the pioneers that in the 1970s sowed the field of sociology of law in The Netherlands. Given the prevailing division of labour between legal sociology and anthropology at the time, he focused his research on transgression and sanction, bureaucratic decision-making, alternative forms of governance, and changes in formal regulatory regimes. Afterwards, under the influence of the perspective of legal pluralism and a sense of global justice, he became keenly interested in the livelihood of indigenous peoples, particularly in Latin America.2 As part of this human, political, and academic concern, Hoekema contributed in several fields. First, he published influential works widely used in the legal anthropological debates of the region and in the pleas for recognition and autonomy put","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80897928","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 : 2021-04-23DOI: 10.1080/07329113.2021.1896184
{"title":"Call for reader contributions to the anniversary issue of the Journal of Legal Pluralism and Unofficial Law","authors":"","doi":"10.1080/07329113.2021.1896184","DOIUrl":"https://doi.org/10.1080/07329113.2021.1896184","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76347468","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 : 2021-04-23DOI: 10.1080/07329113.2021.1903246
{"title":"From the editors: forty years journal of legal pluralism and unofficial law","authors":"","doi":"10.1080/07329113.2021.1903246","DOIUrl":"https://doi.org/10.1080/07329113.2021.1903246","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84725415","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 : 2021-04-12DOI: 10.1080/07329113.2021.1904579
Helen Dancer
Abstract Across the globe, deforestation and conflicts over forests are taking place on a frontier of competing claims, narratives and worldviews, expressed through territoriality, normative orders, and forms of violence against people and nature. Policymakers have yet to find solutions that effectively address this crisis over human-forest relations in ways that are also equitable for forest peoples. This special issue responds to this challenge with an interdisciplinary collection of theoretical and empirically grounded studies that explore human-forest relations at the legal frontier. The authors explore how law affects the ecological, cultural and moral foundations of human-forest relationships, and the need to go beyond dominant economic and rights-based legal framings, towards developing further legal dimensions of socio-ecological relations for forest governance. The contributions as a whole highlight the importance of co-constructing laws that are culturally situated in local meanings of forest and interact with global, state and other local normative orders in decolonial, transformative ways. This opens the possibility of a new legal frontier for people and forests of multidimensional more-than-human forms of interlegality.
{"title":"People and forests at the legal frontier: Introduction","authors":"Helen Dancer","doi":"10.1080/07329113.2021.1904579","DOIUrl":"https://doi.org/10.1080/07329113.2021.1904579","url":null,"abstract":"Abstract Across the globe, deforestation and conflicts over forests are taking place on a frontier of competing claims, narratives and worldviews, expressed through territoriality, normative orders, and forms of violence against people and nature. Policymakers have yet to find solutions that effectively address this crisis over human-forest relations in ways that are also equitable for forest peoples. This special issue responds to this challenge with an interdisciplinary collection of theoretical and empirically grounded studies that explore human-forest relations at the legal frontier. The authors explore how law affects the ecological, cultural and moral foundations of human-forest relationships, and the need to go beyond dominant economic and rights-based legal framings, towards developing further legal dimensions of socio-ecological relations for forest governance. The contributions as a whole highlight the importance of co-constructing laws that are culturally situated in local meanings of forest and interact with global, state and other local normative orders in decolonial, transformative ways. This opens the possibility of a new legal frontier for people and forests of multidimensional more-than-human forms of interlegality.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87854836","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 : 2021-04-08DOI: 10.1080/07329113.2021.1889791
A. M. Vasquez-Fernandez, Maria Shuñaqui Sangama, Cash Ahenakew, Miriam Pérez Pinedo, Raúl Sebastián Lizardo, Judith Canayo Otto, R. Kozak
Abstract From the nineteenth century to the present day, external peoples, companies, and governments have perpetrated disrespectful attitudes and behaviours toward Amazonian Originary Peoples. In response, Originary Peoples have increasingly adopted their own protocols of respectful interactions with external actors. However, research on the development and implementation of intercultural understandings of “respect” in pluri-cultural interactions has been scarce. Drawing on findings from collaborative research in the Peruvian Amazon, this article explores how Asheninka and Yine perspectives and practices of “respect” inform and could transform euro-centric conceptions and hegemonic consultation processes based on “mutual respect,” proposing instead a practice of “intercultural respect.” The study was initiated at the invitation of Asheninka and Yine community members themselves. Long-term relationships catalysed an invitation to co-design a community-based collective endeavour, which began in 2015. The discussion and findings presented in this article are part of a larger project that attempts to portray how Asheninka and Yine collaborating communities want to be respected under their own terms. This collaborative work proposes: 1. An Originary methodology; 2. A paradigm-encounter frame; and 3. Ten principles to guide “intercultural respect” for the Peruvian Amazon.
{"title":"From “mutual respect” to “intercultural respect”: collaborating with Asheninka and Yine Peoples in the Peruvian Amazon","authors":"A. M. Vasquez-Fernandez, Maria Shuñaqui Sangama, Cash Ahenakew, Miriam Pérez Pinedo, Raúl Sebastián Lizardo, Judith Canayo Otto, R. Kozak","doi":"10.1080/07329113.2021.1889791","DOIUrl":"https://doi.org/10.1080/07329113.2021.1889791","url":null,"abstract":"Abstract From the nineteenth century to the present day, external peoples, companies, and governments have perpetrated disrespectful attitudes and behaviours toward Amazonian Originary Peoples. In response, Originary Peoples have increasingly adopted their own protocols of respectful interactions with external actors. However, research on the development and implementation of intercultural understandings of “respect” in pluri-cultural interactions has been scarce. Drawing on findings from collaborative research in the Peruvian Amazon, this article explores how Asheninka and Yine perspectives and practices of “respect” inform and could transform euro-centric conceptions and hegemonic consultation processes based on “mutual respect,” proposing instead a practice of “intercultural respect.” The study was initiated at the invitation of Asheninka and Yine community members themselves. Long-term relationships catalysed an invitation to co-design a community-based collective endeavour, which began in 2015. The discussion and findings presented in this article are part of a larger project that attempts to portray how Asheninka and Yine collaborating communities want to be respected under their own terms. This collaborative work proposes: 1. An Originary methodology; 2. A paradigm-encounter frame; and 3. Ten principles to guide “intercultural respect” for the Peruvian Amazon.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89811948","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 : 2021-03-22DOI: 10.1080/07329113.2021.1900512
Melis Ece
Abstract The international REDD+ programme to reduce emissions from deforestation and forest degradation emphasises financial incentives, property rights in forest carbon and control over forest land to attain market-based conservation goals in the Global South. REDD+ territorialization attempts are shaped by carbon markets and by their embeddedness in institutional and legal contexts, where different actors struggle to establish authority, legitimacy and claims to land and forests. In Tanzania, the market-oriented pathways of REDD+ projects have been integrated into land use planning, land titling and the creation of village land forest reserves. Through a case study of a pilot project in Lindi, Tanzania, this article analyses how particular kinds of property rights and territorial control are contested and legitimated through market-based and human rights-based discourses invoked by project actors, government officers and village communities in REDD+ projects. These processes bring together different rationalities and practices of territorialization over property rights in carbon, forests and land. The case study illustrates the role that property languages play in legitimating and persuading different audiences, as REDD+ projects reconfigure property rights over forest land, fuelling land conflicts and heightening insecurity.
{"title":"Creating property out of insecurity: territorialization and legitimation of REDD+ in Lindi, Tanzania","authors":"Melis Ece","doi":"10.1080/07329113.2021.1900512","DOIUrl":"https://doi.org/10.1080/07329113.2021.1900512","url":null,"abstract":"Abstract The international REDD+ programme to reduce emissions from deforestation and forest degradation emphasises financial incentives, property rights in forest carbon and control over forest land to attain market-based conservation goals in the Global South. REDD+ territorialization attempts are shaped by carbon markets and by their embeddedness in institutional and legal contexts, where different actors struggle to establish authority, legitimacy and claims to land and forests. In Tanzania, the market-oriented pathways of REDD+ projects have been integrated into land use planning, land titling and the creation of village land forest reserves. Through a case study of a pilot project in Lindi, Tanzania, this article analyses how particular kinds of property rights and territorial control are contested and legitimated through market-based and human rights-based discourses invoked by project actors, government officers and village communities in REDD+ projects. These processes bring together different rationalities and practices of territorialization over property rights in carbon, forests and land. The case study illustrates the role that property languages play in legitimating and persuading different audiences, as REDD+ projects reconfigure property rights over forest land, fuelling land conflicts and heightening insecurity.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82560529","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 : 2021-03-22DOI: 10.1080/07329113.2021.1894729
M. Hjort
Abstract REDD+ is a forest conservation and carbon trading scheme seeking to incentivise a reduction in emissions through payments. This article draws on Foucault’s governmentality concept and Dean’s analytics of government framework to analyse the REDD+ negotiations under the UNFCCC. It argues that negotiators perceived forest inhabitants as malleable subjects whose conduct can and should be “improved” through disciplinary techniques instantiated in forest monitoring practices. Forest inhabitants are not powerless or passive recipients of discipline, but these techniques foster a conduct that only values carbon at the expense of other ecological and cultural values and, further, encourage conservation purely based on cost-benefit reasoning. The article also interrogates the negotiations of safeguards meant to ensure that REDD+ does no social or ecological harm. It argues that the safeguards appear to allow forest inhabitants to decide on REDD+ implementation and governance, and protect their existing forest governance practices should they elect to do so. However, the safeguards are formulated in a voluntary manner, casting doubts on their ability to offer suitable protection. The article concludes by reflecting on the current demand for carbon credits from REDD+ projects and the implications this has for the disciplinary techniques and the conduct they foster.
{"title":"Locating the subject of REDD+: between “improving” and safeguarding forest inhabitants’ conduct","authors":"M. Hjort","doi":"10.1080/07329113.2021.1894729","DOIUrl":"https://doi.org/10.1080/07329113.2021.1894729","url":null,"abstract":"Abstract REDD+ is a forest conservation and carbon trading scheme seeking to incentivise a reduction in emissions through payments. This article draws on Foucault’s governmentality concept and Dean’s analytics of government framework to analyse the REDD+ negotiations under the UNFCCC. It argues that negotiators perceived forest inhabitants as malleable subjects whose conduct can and should be “improved” through disciplinary techniques instantiated in forest monitoring practices. Forest inhabitants are not powerless or passive recipients of discipline, but these techniques foster a conduct that only values carbon at the expense of other ecological and cultural values and, further, encourage conservation purely based on cost-benefit reasoning. The article also interrogates the negotiations of safeguards meant to ensure that REDD+ does no social or ecological harm. It argues that the safeguards appear to allow forest inhabitants to decide on REDD+ implementation and governance, and protect their existing forest governance practices should they elect to do so. However, the safeguards are formulated in a voluntary manner, casting doubts on their ability to offer suitable protection. The article concludes by reflecting on the current demand for carbon credits from REDD+ projects and the implications this has for the disciplinary techniques and the conduct they foster.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82269160","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 : 2021-03-22DOI: 10.1080/07329113.2021.1904578
Alena Kahle
In 2014, a panchayat – village council – in the Indian state West Bengal ordered a gang rape as a woman’s punishment for having married outside her community (Kokal 2020). In the ensuing controvers...
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