Prelude

2017 ◽  
Author(s):  
Partha Chatterjee
Keyword(s):  
Land Acquisition ◽  
Development Discourse ◽  
Ethical Implications ◽  
Tribal Communities ◽  
Role Of The State ◽  
The Rich ◽  
Acquisition Processes ◽  
Contemporary Development ◽  
Land Question

This chapter takes a fresh look at the land question in India. Instead of re-engaging in the rich Marxian transition debate, this volume goes beyond that debate to critically examine theoretically the centrality of land in contemporary development discourse in India. But this chapter shows that land in India is sought increasingly for nonagricultural purposes, resulting in inequality and thus class and caste-based conflicts. The chapters collectively address interrelated questions on the role of the state involved in the process of dispossession of land from peasants and tribal communities arguably for developmental purposes. This chapter provides new analytical insights into the land acquisition processes, their legal-institutional and ethical implications, and captures empirically the multifaceted regional diversity of acquisition experiences in India.

The Land Question in India

2017 ◽  
Keyword(s):  
Moral Economy ◽  
The State ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
Ethical Implications ◽  
Tribal Communities ◽  
Role Of The State ◽  
Acquisition Processes ◽  
Land Question

This book takes a fresh look at the land question in India. It goes beyond re-engagement in the rich transition debate by critically examining both theoretically and empirically the role of land in contemporary India. Springing from the political economy discourse surrounding the classic capitalist transition issue in agriculture in India, the book gravitates toward the development discourse that inevitably veers toward land and the role of the state in pushing a process of dispossession of peasants through direct expropriation for developmental purposes. Contemporary dispossession may look similar to the historical process of primitive accumulation that makes room for capitalist agriculture and expanded accumulation. But this volume shows that land in India is sought increasingly for non-agricultural purposes as well. These include risk mitigation by farmers, real estate development, infrastructure development by states often on behalf of business, and special economic zones. Tribal communities (advasis), who depend on land for their livelihoods and a moral economy that is independent of any price-driven markets, hold on to land for collective security. Thus land acquisition continues to be a turbulent arena in which classes, castes, and communities are in conflict with the state and capital, each jockeying to determine the terms and conditions of land transactions or their prevention, through both market and non-market mechanisms. The volume collectively addresses the role of the state involved in the process of dispossession of peasants and tribal communities. It provides new analytical insights into the land acquisition processes, their legal-institutional and ethical implications, and captures empirically the multifaceted regional diversity of the contestations surrounding the acquisition experiences in India.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

scholarly journals Ideology and Pragmatism: Discourse Factors in Infrastructure Development in Indonesia’s Jokowi-JK Era

2019 ◽  
Vol 4 (2) ◽  
pp. 297
Author(s):  
Fredick Broven Ekayanta
Keyword(s):  
The State ◽  
Infrastructure Development ◽  
Economic Policies ◽  
Development Discourse ◽  
Dominant Discourse ◽  
Ernesto Laclau ◽  
Role Of The State ◽  
The Reformation ◽  
The Government

The discussion about development discourse in a country talking about how an idea affect economic policies. In Indonesia, the development discourse continues to change depending on the ruling regime. After the reformation, the dominant discourse is a neoliberal one that minimizes the role of the state in development. During the reign of Jokowi-JK, however, the role of the state strengthened. The government plans to build a massive infrastructure of the physical economy. The government legitimized its choice of action as the implementation of the Pancasila and Trisakti ideologies. Using the theories of Ernesto Laclau and Chantal Mouffe, this article argues that the state legitimizes its policies as implementing ideology by building infrastructure development discourse, but covers only pragmatic practices that occur. The practices themselves are pragmatic because the government ignored the fate and rights of citizens affected by infrastructure development.

‘This is Our land’

2010 ◽  
Vol 26 (1) ◽  
pp. 39-69 ◽  
Author(s):  
A.S. Mlambo
Keyword(s):  
Land Reform ◽  
Fast Track ◽  
Colonial Period ◽  
Decisive Factor ◽  
Land Acquisition ◽  
White Race ◽  
Post Colonial ◽  
Reform Programme ◽  
Land Question

This study seeks to trace the role of race in the evolution of the land question in Zimbabwe from Occupation to the ‘fast-track land reform programme’ of 2000 and beyond to explore the extent to which the era of colonial domination made the racialization of the land issue in the post-colonial period almost unavoidable. It contends that Mugabe’s use of race to justify the campaign to drive whites from the land from 2000 onwards was facilitated (in part) by the fact that race had always been used by the colonial authorities as a decisive factor in land acquisition and allocation throughout the colonial period and that using the alleged superiority of the white race, colonial authorities alienated African land for themselves without either negotiating with the indigenous authorities or paying for the land. Consequently, Mugabe’s charge that the land had been stolen and needed to be retaken clearly resonated with some segments of the Zimbabwean population enough to get them to actively participate in the land invasions of the time.

scholarly journals THE ROLE OF THE STATE IN ASSURING THE FAIRNESS OF DISTRIBUTION IN VIETNAM TODAY: SOME ISSUES

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Vinh Lê Thị
Keyword(s):  
Social Development ◽  
Current Situation ◽  
The State ◽  
Philosophical Approach ◽  
Equitable Distribution ◽  
Role Of The State ◽  
Planning Task ◽  
Fair Distribution ◽  
The Rich

In this article, through philosophical approach, the author focused on the role of the State in assuring the fairness of distribution. The article has three main contents: First, analyzing the weaknesses of the State in ensuring equitable distribution such as the State's unreasonable interference in the distribution relations, failure to properly implement the planning task and inspect, supervise the implementation of the distribution policy. Second, pointing out the consequences of the current situation the State has not yet properly implemented the role of managing, regulating and distributing - that is, the rich-poor gap is on the way to widening and polarizing, threatening stability and social development. Third, giving some principles that the State needs to implement more thoroughly to ensure fair distribution.

scholarly journals Hak Masyarakat Hukum Adat Dalam Pelaksanaan Pengadaan Tanah Ulayat Bagi Pembangunan Untuk Kepentingan Umum

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Miranda Nissa Hilal Liani ◽  
Atik Winanti
Keyword(s):  
Indigenous Peoples ◽  
Public Interest ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Conceptual Approach ◽  
The Public ◽  
Role Of The State ◽  
The Government

AbstractLand is a natural wealth that is very important for humans and has an important function in development. In carrying out activities carried out by the government, namely land acquisition for the public interest, which has the aim of building public facilities for the benefit of the community. In carrying out land acquisition, ulayat land is often the target for alleged land acquisition. However, using ulayat land for land acquisition often creates problems. The purpose of this paper is to determine the control of indigenous peoples' rights in land acquisition and to determine the role of the state in providing compensation for land acquisition for development in the public interest. The research method used is juridical normative using a statutory approach and a conceptual approach. The result of this research is that the rights of customary law communities have been regulated constitutionally by the State, and the role of indigenous peoples is regulated in Law no. 71/2012. However, the fact is that during the land acquisition process, customary law communities are often not involved, the government should provide legal certainty and protection to the customary law community so that these problems do not harm the customary law community.Keyword: Land Procurement, Customary Law Communities, Customary Land. AbstrakTanah merupakan kekayaan alam yang sangat penting bagi manusia dan memiliki fungsi yang penting dalam pembangunan. Dalam melakukan kegiatan yang dilakukan oleh pemerintah yaitu pengadaan tanah bagi kepentingan umum, yang mana memiliki tujuan untuk membangun fasilittas umum agar bermanfaat bagi masyarakat. Dalam melakukan pengadaan tanah, seringkali tanah ulayat dijadikan sasaran untuk diduganakan pengadaan tanah. Namun, dalam menggunakan tanah ulayat untuk pengadaan tanah tersebut seringkali menimbulkan masalah. Tujuan dari penulisan ini untuk mengetahui pengantutan mengenai hak-hak masyarakat adat dalam pengadaan tanah dan untuk mengetahui peran negara dalam pemberian ganti kerugian pada pengadaan tanah bagi pembangunan untuk kepentingan umum. Metode penelitian yang digunakan adalah yuridis normative dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini adalah bahwa hak masyarakat hukum adat telah diatur secara konstitutional oleh Negara, serta peran masyarakat hukum adat diatur didalam UU No. 71/2012. Namun pada faktanya saat proses pengadaan tanah, masyarakat hukum adat seringkali tidak dilibatkan, seharusnya pemerintah dalam pengadaan tanah memberikan kepastian serta perlindnungan hukum kepada masyarakat hukum adat agar permasalahan-permasalahan tersebut tidak merugikan masyarakat hukum adat.Kata Kunci: Pengadaan Tanah, Masyarakat adat, Tanah Ulayat

Missing Links in Poverty Analysis in the Age of Neoliberal Globalization: Some Lessons from Turkey

2008 ◽  
Vol 38 ◽  
pp. 61-81 ◽  
Author(s):  
Fikret Şenses
Keyword(s):  
Development Strategy ◽  
Poverty Alleviation ◽  
International Markets ◽  
Development Discourse ◽  
Effective Mechanism ◽  
Neoliberal Globalization ◽  
Role Of The State ◽  
The One ◽  
Main Components

AbstractThe main objective of this essay is to point out the missing links between neoliberalism on the one hand, and a comprehensive analysis of poverty and effective policies to tackle it, on the other. After identifying the main channels through which neoliberalism affects poverty, I will draw attention to the inadequacy of the neoliberal approach in coming to terms with the main reasons behind poverty, as well as in developing a comprehensive and effective mechanism for its alleviation. I emphasize the role of international institutions in determining the dominant development discourse and changes in the importance given to the issue of poverty over time. The essay links the ineffectiveness of existing poverty alleviation policies to distributional imbalances at both the global and domestic levels. Against the background of the main constraints and opportunities for effective poverty alleviation policies in individual countries, it emphasizes the need for a poverty alleviation strategy as an integral part of a broader development strategy and identifies its main premises. It calls for action on the academic, domestic and international fronts and stresses the central role of the state, a more balanced reliance on domestic and international markets, emphasis on productive employment creation, the development of effective redistribution mechanisms, and the creation of effective domestic and international constituencies as the main components of such a strategy.

scholarly journals Pendidikan Islam dan Fenomena Radikalisme Agama

2017 ◽  
Vol 5 (1) ◽  
pp. 11-24
Author(s):  
Abdul Kholik
Keyword(s):  
Social Economic ◽  
The State ◽  
Industrial Society ◽  
World Peace ◽  
Agrarian Society ◽  
Role Of The State ◽  
The Social ◽  
The Rich ◽  
Race And Religion

Religious radicalism is a great theme in society. This theme is not only present in industrial society, but also in agrarian society, farmers, and even intellectuals. The phenomenon of radicalism is a problem that needs to find a way out because it is massive and difficult to control. The role of the state in tackling radicalism can be done through welfare, and protecting all citizens regardless of race, race, and religion. However, the thing that happens in society is that the rich get richer and the poorer the poorer, which can lead to the emergence of radicalism. Some of the strategies in responding to the emergence of radicalism include: The use of military channels, the use of counter arguments, improving welfare by making improvements in the social, economic, political and cultural fields, counter-use of violence / insurrection by spreading the idea of ​​world peace.

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