scholarly journals Teaching Land Law: Controversy and Land Policy in Hungary from 1948 to 1968

2022 ◽  
pp. 146-157
Author(s):  
Luka Dániel
Keyword(s):  
Land Tenure ◽  
Legal System ◽  
Legal Theory ◽  
Transition Period ◽  
Land Policy ◽  
Land Law ◽  
Agricultural Producers ◽  
Property Relations ◽  
Land Tenure System ◽  
The One

Topic of the study. During the harsh Stalinization from 1948 agriculture had to be collectivized while land was not nationalized by decree as the Bolsheviks did in Russia in 1917. The Soviet legal system was a pattern for jurists but the differences made the transition to “socialism” more rugged and controversial. The legal scholars had to interpret a situation which had to develop further to full “socialization”. In order to do that, a “cooperative law” and a “land law” had to be created and taught as part of “agricultural law”. Research questions and methods. Land law consisted of regulations regarding private farmers and collective agricultural producers (cooperatives, state farms etc.), theoretically in the whole research period. How did the agrarian, cooperative and land policy affect legal theory on land tenure system? What kind of scientific dispute emerged on this matter and how did the attempts of codification of land law affect legal education? Various types of sources were evaluated, for instance protocols of council meetings of the faculty of law of two universities, archival sources, articles and studies from authors who taught land law and took part in its debate and codification. Results and conclusions. Law was used as a tool to boost transformation, and the lawmakers and jurists faced a paradox situation in which there was a need of codification of land law and to make it independent from other branches of law. On the one hand, jurists argued like Gyula Eörsi and Miklós Világhy that civil law had primatus in the legal system and property relations had to be included in that part of legislation during the “transition period”. On the other hand, many jurists, for instance Iván Földes, Imre Seres claimed that cooperative law or/and land law were separated branches of law despite the fact that mass collectivization was not completed until the spring of 1961.

scholarly journals Conflits Fonciers Et Problématique De Développement Rural Dans La Sous-Préfecture De Mongo, Région Du Guéra (Tchad)

2018 ◽  
Vol 14 (32) ◽  
pp. 213
Author(s):  
Moussa Alladjaba ◽  
Hervé Tchekote
Keyword(s):  
Land Tenure ◽  
Rural Areas ◽  
Structured Interviews ◽  
Agricultural Producers ◽  
Land Conflicts ◽  
Colonial Authority ◽  
Urban Elite ◽  
Land Tenure System ◽  
Set Up ◽  
Traditional Authorities

Located in the Guéra region in central Chad, the Mongo Sub-Prefecture is the scene of recurring conflicts related to the occupation and exploitation of the land. While the phenomenon is neither new nor specific to this part of the country, the scale it has taken in recent years makes it a worrying subject. This land conflicts are driven by a multitude of actors with traditional authorities, agricultural producers and the urban elite at the center. They are fuelled by the fact that the legal land tenure system, set up first by the colonial authority and then renewed by the Chadian authorities, has never been a reality in rural areas. To conduct the study the questionnaire survey was conducted from a sample of 106 households. Subsequently, semi-structured interviews supplemented the information collected through the questionnaires. The results reveal not only a pluralism of norms whose contradiction in implementation is inevitably conflicting, but also and above all the actors' play around rural land, with a multitude of conflicts whose impact is strongly felt by populations, both in terms of agricultural or pastoral production, and in terms of trade and social cohesion. At the end of the study, it turns out that the population largely ignores the laws governing the land. The result is a pluralism of norms, but the customary rules are preponderant. This determines several modes of access and use of the land.

scholarly journals The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

2021 ◽  
Vol 2 (2) ◽  
pp. 141-148
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Legal Pluralism ◽  
Customary Law ◽  
Public Welfare ◽  
Land Law ◽  
Economic Democracy ◽  
National Interests ◽  
Positive Law ◽  
The Government ◽  
The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

scholarly journals The Politics of Land Law: Poverty and Land Legislation in Bangladesh

2021 ◽  
Author(s):  
◽  
S M Masum Billah
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Law Reform ◽  
Land Law ◽  
Post Colonial ◽  
Land Distribution ◽  
Land System ◽  
Land Tenure System ◽  
Historical Developments ◽  
Reform Model

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty.  At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty.  The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.  Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued.  The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

scholarly journals The Politics of Land Law: Poverty and Land Legislation in Bangladesh

2021 ◽  
Author(s):  
◽  
S M Masum Billah
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Law Reform ◽  
Land Law ◽  
Post Colonial ◽  
Land Distribution ◽  
Land System ◽  
Land Tenure System ◽  
Historical Developments ◽  
Reform Model

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty.  At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty.  The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.  Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued.  The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

scholarly journals La vida de doña Concepción: memorias de una hija de hacendados del Valle de Bravo (México) en las primeras décadas del siglo XX

2012 ◽  
Vol 4 (7) ◽  
pp. 85-111
Author(s):  
Gabriela Fuentes Reyes ◽  
Mariela Coudannes
Keyword(s):  
Social Mobility ◽  
Land Tenure ◽  
Transition Period ◽  
Moral Economy ◽  
Tenure System ◽  
El Sistema ◽  
Land Tenure System ◽  
Historia De Vida ◽  
Well Differentiated ◽  
Siglo Xx

 El presente estudio se ubica espacial y temporalmente en Donato Guerra, municipio localizado en la parte oeste del Estado de México, en el país homónimo, en un momento de transición situado en las primeras décadas del siglo XX. Es conocido que después de la revolución no se produjeron inmediatamente cambios significativos en el sistema de tenencia de la tierra, tampoco en las percepciones de mundo ni en cierta economía moral instalada desde tiempos de la colonia. Las prácticas heredadas del porfiriato y la educación conformaron una sociedad en la que se planteaban valores bien diferenciados según el género y la posición social. Se analiza en este marco el relato contemporáneo de la joven Concepción, hoy una mujer de noventa años. En su memoria aparece una supuesta red de lealtades entre patrones y sirvientes, y se olvidan los aspectos menos amables de la explotación de los trabajadores. La evocación de denominaciones de la época, y asimismo lo que no se dice, ilustra cómo la movilidad social seguía estando vedada a aquellos cuya condición étnica es invisible en la mayor parte del relato, también las descalificaciones de las que eran objeto, entre otros aspectos.Palabras clave: historia de vida, memoria, economía moral, porfiriato, valores.  Doña Concepción’s life: Memoirs of a Landowners’ Child in Valle Bravo (Mexico) in the Early Decades of XXth CenturyAbstractThis study is located in space and time in Donato Guerra, a municipality located in western State of Mexico, Mexico; in a transition period during the first decades of the XXth century. It is known that after the Revolution, no significant changes were produced immediately in land tenure system, in world’s perceptions or in some moral economy settled since colonial times. Practices inherited from Porfirism and education formed a society in which well-differentiated values were proposed according to gender and social standing. Within this framework, the contemporary report of young Conception- today a 90-year-old woman- is analyzed. In her memory, a supposed loyalty network between landlords and servants appears, and the less kind aspects of workers’ exploitation are forgiven. The evocation of names of those times -but also what is not mentioned- illustrates how social mobility was still forbidden to those whose ethnic condition is invisible in most of the report. It shows also the disqualification they were subjected to, among other aspects.Keywords: story of life, memoirs, moral economy, porfirism, values.

Syed Nawab Haider Naqvi, Mahmood Hasan Khan and M. Ghaffu Otaudhry (edt.). LaJld Reforms in Pakistan, A Historical Perspective. Islamabad: Pakistan Institute of Development Economics 1987. viii+216 pp.Price: Rs 220 (USS 35) for hardcover; Rs 140.00 (USS 20) for soft-cover.

1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
State Ownership ◽  
Land Reforms ◽  
Policy Makers ◽  
Rural Pakistan ◽  
The Status ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
High Degree

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).

SAYYID ABUL AÑLÓ MAWDÕDÔ’S VIEWS ON IJTIHÓD AND THEIR RELEVANCE TO THE CONTEMPORARY MUSLIM SOCIETY

2010 ◽  
Vol 6 (2) ◽  
pp. 121
Author(s):  
Munawar Haque
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Aspect ◽  
Academic Research ◽  
Spiritual Leadership ◽  
Legislative Process ◽  
Islamic Revival ◽  
Muslim Society ◽  
The One ◽  
Political Economic

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.

scholarly journals Conservation Debates: People’s Perceptions and Values towards a Privately Protected Area in Southern Ecuador

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 233
Author(s):  
Verónica Iñiguez-Gallardo ◽  
Fabián Reyes-Bueno ◽  
Olga Peñaranda
Keyword(s):  
Protected Areas ◽  
Land Tenure ◽  
Protected Area ◽  
Planning Process ◽  
Social Needs ◽  
Structured Interviews ◽  
Key Stakeholders ◽  
Southern Ecuador ◽  
Negative Perceptions ◽  
Land Tenure System

The perceptions and values that local communities have towards protected areas are of great value for the improvement of these territories’ management. Such perceptions and values are often absent in the conservation planning process, particularly in those privately protected areas that are established in areas where the land tenure system is based not only on ownership but also on customary uses. Drawing on qualitative and quantitative data obtained through semi-structured interviews with key stakeholders and members of communities surrounding a privately protected area in southern Ecuador, we identify that the level of collaboration with the managers, the distance to the protected area, the percentage of untitled land, and the dependence on the resources (customary uses) are among the variables affecting these perceptions and values. Positive perceptions towards protected areas and naturalistic values are developed among those who collaborate with the protected area managers, whereas negative perceptions, and a mix of naturalistic and biospheric values are developed among those who have a sense of a lack of attention to social needs although supporting nature conservation at the same time. The evidence presented shows the importance of matching local peoples’ expectations with conservation goals during the establishment of a protected area.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

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