Pub Date : 2021-03-19DOI: 10.1080/07329113.2021.1882803
Estair Van Wagner
Abstract While the vast majority of forestlands in Canada are considered “Crown land,” there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these forests. Indigenous legal orders derived from an enduring relationship with the land and place also govern forestlands. Using the case of the Esquimalt and Nanaimo Railway lands in British Columbia, this article explores the intersection between historical and contemporary human-forest relations upheld by Anglo-Canadian law and the pre-existing Indigenous legal relations with forestland. This article illustrates how the current model of Canadian natural resource governance, centered on consultation and accommodation of judicially recognized rights, fails to create adequate space for pluralistic human-forest relations and Indigenous environmental jurisdiction.
{"title":"The legal relations of “private” forests: making and unmaking private forest lands on Vancouver Island","authors":"Estair Van Wagner","doi":"10.1080/07329113.2021.1882803","DOIUrl":"https://doi.org/10.1080/07329113.2021.1882803","url":null,"abstract":"Abstract While the vast majority of forestlands in Canada are considered “Crown land,” there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these forests. Indigenous legal orders derived from an enduring relationship with the land and place also govern forestlands. Using the case of the Esquimalt and Nanaimo Railway lands in British Columbia, this article explores the intersection between historical and contemporary human-forest relations upheld by Anglo-Canadian law and the pre-existing Indigenous legal relations with forestland. This article illustrates how the current model of Canadian natural resource governance, centered on consultation and accommodation of judicially recognized rights, fails to create adequate space for pluralistic human-forest relations and Indigenous environmental jurisdiction.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82940712","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 : 2021-02-25DOI: 10.1080/07329113.2021.1880149
Mark Goodale
I am grateful to the editors of the Journal of Legal Pluralism for asking me to offer some reflections on the contributions of Sally Engle Merry to the anthropology of law. Rather than a more traditional "in memoriam" or obituary, I thought that I would provide a more substantive discussion of the ways in which Sally’s professional life and research career shaped the field in ways that will be felt for many years to come. These contributions can be divided into three categories: institutional, intellectual, and methodological. In describing the ways in which Sally shaped the development of the anthropology of law through these three categories, I will only highlight the key interventions or concepts that seem to me to best crystallize the scope of Sally’s lasting influence. Institutionally, Sally played a fundamental role in promoting the growth of the anthropology of law both within and beyond the discipline. Her entry to the field in the early to mid-1980s coincided with the rapid expansion of what is called in the United States the law and society movement, which gives some indication of the way in which scholars wanted to do more than simply conduct sociolegal research: they wanted to transform the understanding of law itself by studying it as a consequential social process. Within the law and society movement, Sally became one of the leading voices for anthropology and the ethnographic approach to sociolegal research. Along with a few other anthropologists at the time, Sally worked to ensure that the anthropology of law became well-established among the other, and typically more powerful, disciplines—academic law, political science, sociology—that constituted the core of the law and society project. Her success as an advocate for the anthropology of law within the US Law and Society Association (LSA) was marked by a number of high-level accomplishments: she served as LSA President from 1993-1995; she won the LSA’s book prize in sociolegal history in 2002 (for Colonizing Hawai’i: The Cultural Power of Law, published by Princeton University Press); and, in 2007, was awarded the LSA’s most prestigious award, the Harry J. Kalven Jr. Prize, which is given to scholars who are held in the highest regard by their colleagues (the official description is for "empirical scholarship that has contributed most effectively to the advancement of research in law and society").
我很感谢《法律多元主义杂志》的编辑们邀请我就Sally Engle Merry对法律人类学的贡献发表一些看法。比起传统的“悼念”或讣告，我想我应该提供一个更实质性的讨论，讨论Sally的职业生涯和研究生涯如何塑造了这个领域，而这些影响将在未来许多年里被感受到。这些贡献可以分为三类:制度上的、知识上的和方法论上的。在描述莎莉通过这三个类别塑造法律人类学发展的方式时，我将只强调在我看来最能明确莎莉持久影响范围的关键干预或概念。在制度上，莎莉在促进法律人类学学科内外的发展方面发挥了根本性的作用。她在20世纪80年代早期到中期进入这个领域，与美国所谓的“法律与社会运动”的迅速扩张相吻合，这表明学者们想要做的不仅仅是进行社会法律研究:他们想通过将法律作为一个相应的社会过程来研究，从而改变对法律本身的理解。在法律和社会运动中，莎莉成为人类学和民族志方法在社会法律研究中的主要声音之一。与当时的其他几位人类学家一起，莎莉努力确保法律人类学在其他学科(通常是更强大的学科——学术法学、政治学、社会学)中得到完善，这些学科构成了法律与社会项目的核心。作为美国法律与社会协会(LSA)法律人类学的倡导者，她取得了一系列高水平的成就:1993年至1995年，她担任美国法律与社会协会主席;2002年，她凭借《殖民夏威夷:法律的文化力量》(普林斯顿大学出版社出版)获得美国法律学会社会法律史图书奖;2007年，他获得了美国法律学会最负盛名的奖项——小哈里·j·卡尔文奖(Harry J. Kalven Jr. Prize)，该奖项颁发给那些受到同行最高尊敬的学者(官方的描述是“对法律和社会研究的进步做出最有效贡献的实证奖学金”)。
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Pub Date : 2021-02-19DOI: 10.1080/07329113.2021.1885867
Ergun Cakal
Much scholarly space has been devoted to exploring politics, state-(trans)formation, conflict, and human rights in Myanmar. Against this backdrop, the legally-oriented scholarship has also been pre...
许多学术空间致力于探索缅甸的政治、国家(转型)、冲突和人权。在这样的背景下，法学学术也被预…
{"title":"Everyday justice in Myanmar: Informal resolutions and state evasion in a time of contested transition, edited by Helene Maria Kyed","authors":"Ergun Cakal","doi":"10.1080/07329113.2021.1885867","DOIUrl":"https://doi.org/10.1080/07329113.2021.1885867","url":null,"abstract":"Much scholarly space has been devoted to exploring politics, state-(trans)formation, conflict, and human rights in Myanmar. Against this backdrop, the legally-oriented scholarship has also been pre...","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73663679","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 : 2021-02-16DOI: 10.1080/07329113.2021.1885858
K. Lakshmanan
{"title":"Acknowledgement to our reviewers in 2020","authors":"K. Lakshmanan","doi":"10.1080/07329113.2021.1885858","DOIUrl":"https://doi.org/10.1080/07329113.2021.1885858","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80357391","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 : 2021-01-20DOI: 10.1080/07329113.2021.1872007
Pingyang Liu, N. Ravenscroft
Abstract Collective forests have long played an important economic, cultural and social role in the remote mountainous areas of China, especially before the Open and Reform Period. However, the centrist legal framework for managing and utilizing the collective forests was not sufficiently well developed to meet the demands of all community members, which led to largely unfettered overuse and illegal logging. This “tragedy of the commons” meant that the traditional human-forest connections that were so important in these areas gradually collapsed, to be replaced by self-interest. This situation informed a period of property rights reform in which steps were taken to introduce a form of legal pluralism that could improve both security of tenure and forest management. Using a study of Hongtian Village in Southern China, where forest tenure reform started, we argue that pluralist collective action is essential in order to identify grass-root solutions to the management of the forest commons. This involves the use rights for collective forests being separated from those of ownership, with the former distributed to households, according to their own, local, rules. While this new pluralist approach to forest tenure fostered renewed confidence in the potential for collective forestry to underpin community prosperity, the paper goes on to show how renewed top-down intervention, this time to promote a more ecological approach to forest management, has once again undermined the significance of people-forest relationships. We conclude by arguing that forests are very much at the frontier of property rights reform in China, because their effective governance depends utterly upon ensuring a plural approach to regulation that central authorities are currently unwilling to legitimate.
{"title":"Collective forests and the community at the legal frontier of property rights reforms in China","authors":"Pingyang Liu, N. Ravenscroft","doi":"10.1080/07329113.2021.1872007","DOIUrl":"https://doi.org/10.1080/07329113.2021.1872007","url":null,"abstract":"Abstract Collective forests have long played an important economic, cultural and social role in the remote mountainous areas of China, especially before the Open and Reform Period. However, the centrist legal framework for managing and utilizing the collective forests was not sufficiently well developed to meet the demands of all community members, which led to largely unfettered overuse and illegal logging. This “tragedy of the commons” meant that the traditional human-forest connections that were so important in these areas gradually collapsed, to be replaced by self-interest. This situation informed a period of property rights reform in which steps were taken to introduce a form of legal pluralism that could improve both security of tenure and forest management. Using a study of Hongtian Village in Southern China, where forest tenure reform started, we argue that pluralist collective action is essential in order to identify grass-root solutions to the management of the forest commons. This involves the use rights for collective forests being separated from those of ownership, with the former distributed to households, according to their own, local, rules. While this new pluralist approach to forest tenure fostered renewed confidence in the potential for collective forestry to underpin community prosperity, the paper goes on to show how renewed top-down intervention, this time to promote a more ecological approach to forest management, has once again undermined the significance of people-forest relationships. We conclude by arguing that forests are very much at the frontier of property rights reform in China, because their effective governance depends utterly upon ensuring a plural approach to regulation that central authorities are currently unwilling to legitimate.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78251183","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 : 2021-01-19DOI: 10.1080/07329113.2021.1871707
Catherine Buerger
Abstract This article explores how groups of human rights activists in one of Ghana’s largest informal settlements craft innovative advocacy strategies, drawing on their experience with and knowledge of multiple legal regimes. In doing so, these activists “hack” the code of what has come to be understood by the global community as “acceptable” behavior in human rights campaigns, challenging the divisions between legal categories. By employing the concept of “hacking,” this article explores how activists mobilize outside of formal legal settings, attempting to build flexible advocacy campaigns, with some success and some fallout.
{"title":"Human rights hackers: crafting advocacy in Accra, Ghana","authors":"Catherine Buerger","doi":"10.1080/07329113.2021.1871707","DOIUrl":"https://doi.org/10.1080/07329113.2021.1871707","url":null,"abstract":"Abstract This article explores how groups of human rights activists in one of Ghana’s largest informal settlements craft innovative advocacy strategies, drawing on their experience with and knowledge of multiple legal regimes. In doing so, these activists “hack” the code of what has come to be understood by the global community as “acceptable” behavior in human rights campaigns, challenging the divisions between legal categories. By employing the concept of “hacking,” this article explores how activists mobilize outside of formal legal settings, attempting to build flexible advocacy campaigns, with some success and some fallout.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85055255","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 : 2020-12-31DOI: 10.1515/9780822387084-009
{"title":"Postlude: Belonging to Time","authors":"","doi":"10.1515/9780822387084-009","DOIUrl":"https://doi.org/10.1515/9780822387084-009","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73721538","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 : 2020-12-31DOI: 10.1515/9780822387084-003
{"title":"Chapter 1 PLURALISM AND EVIL","authors":"","doi":"10.1515/9780822387084-003","DOIUrl":"https://doi.org/10.1515/9780822387084-003","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72486137","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 : 2020-12-31DOI: 10.1515/9780822387084-007
{"title":"Chapter 4 PLURALISM AND TIME","authors":"","doi":"10.1515/9780822387084-007","DOIUrl":"https://doi.org/10.1515/9780822387084-007","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87049554","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 : 2020-12-31DOI: 10.1515/9780822387084-005
{"title":"Chapter 3 PLURALISM AND THE UNIVERSE","authors":"","doi":"10.1515/9780822387084-005","DOIUrl":"https://doi.org/10.1515/9780822387084-005","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75680440","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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