{"title":"竞争性土地权益:曼尼普尔的习惯索赔、土地所有权和正式法律,约1890年至1990年","authors":"L. Haokip","doi":"10.1177/22308075211059572","DOIUrl":null,"url":null,"abstract":"This article provides a long-term perspective on the history of land tenure for over a century in the colonial and post-colonial eras of Manipur, India. Modernisation theory assumes too rigid division between traditional and modern attributes of land laws. The article, however, endorses the view that ‘the Anglo-Indian legal system was distinctly Janus-faced and rested on two contradictory principles’ of public law and personal law (D. A. Washbrook, Modern Asian Studies 15, no. 3 [1981]: 653). The flagship land legislation of Manipur (MLR & LR Act 1960) has been framed within the hill–valley framework. But the hill–valley binary of this public law provided too rigid mechanism to understand the history of legal formalisation. In theory, statutory (public) laws in land apply to only the valley areas of Manipur and customary (personal) law applies to the hill areas. But in practice, there exist different degrees of legal formality.","PeriodicalId":41287,"journal":{"name":"History and Sociology of South Asia","volume":"14 1","pages":"22 - 38"},"PeriodicalIF":0.1000,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Competing Landed Interests: Customary Claims, Land Titles and Formal Law in Manipur, Circa 1890–1990\",\"authors\":\"L. Haokip\",\"doi\":\"10.1177/22308075211059572\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article provides a long-term perspective on the history of land tenure for over a century in the colonial and post-colonial eras of Manipur, India. Modernisation theory assumes too rigid division between traditional and modern attributes of land laws. The article, however, endorses the view that ‘the Anglo-Indian legal system was distinctly Janus-faced and rested on two contradictory principles’ of public law and personal law (D. A. Washbrook, Modern Asian Studies 15, no. 3 [1981]: 653). The flagship land legislation of Manipur (MLR & LR Act 1960) has been framed within the hill–valley framework. But the hill–valley binary of this public law provided too rigid mechanism to understand the history of legal formalisation. In theory, statutory (public) laws in land apply to only the valley areas of Manipur and customary (personal) law applies to the hill areas. But in practice, there exist different degrees of legal formality.\",\"PeriodicalId\":41287,\"journal\":{\"name\":\"History and Sociology of South Asia\",\"volume\":\"14 1\",\"pages\":\"22 - 38\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2020-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"History and Sociology of South Asia\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1177/22308075211059572\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"AREA STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"History and Sociology of South Asia","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/22308075211059572","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"AREA STUDIES","Score":null,"Total":0}
Competing Landed Interests: Customary Claims, Land Titles and Formal Law in Manipur, Circa 1890–1990
This article provides a long-term perspective on the history of land tenure for over a century in the colonial and post-colonial eras of Manipur, India. Modernisation theory assumes too rigid division between traditional and modern attributes of land laws. The article, however, endorses the view that ‘the Anglo-Indian legal system was distinctly Janus-faced and rested on two contradictory principles’ of public law and personal law (D. A. Washbrook, Modern Asian Studies 15, no. 3 [1981]: 653). The flagship land legislation of Manipur (MLR & LR Act 1960) has been framed within the hill–valley framework. But the hill–valley binary of this public law provided too rigid mechanism to understand the history of legal formalisation. In theory, statutory (public) laws in land apply to only the valley areas of Manipur and customary (personal) law applies to the hill areas. But in practice, there exist different degrees of legal formality.
期刊介绍:
History and Sociology of South Asia provides a forum for scholarly interrogations of significant moments in the transformation of the social, economic and political fabric of South Asian societies. Thus the journal advisedly presents an interdisciplinary space in which contemporary ideas compete, and critiques of existing perspectives are encouraged. The interdisciplinary focus of the journal enables it to incorporate diverse areas of research, including political economy, social ecology, and issues of minority rights, gender, and the role of law in development. History and Sociology of South Asia also promotes dialogue on socio-political problems, from which academicians as well as activists and advocacy groups can benefit.