Law’s Travels and Transformations

Eckert, Julia; Biner, Zerrin Özlem; Donahoe, Brian; Strümpell, Christian

doi:10.1017/cbo9781139043786.001

Cited by 46 publications

(47 citation statements)

References 25 publications

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“…Here we turn to debates about the implications of juridification, the notion that 'social conflicts … are ever more mediated through the judicial system'. 52 For many observers, this is 'a process of depoliticisation' to be regretted, as it moves issues out of the public sphere and into the hands of lawyers, courts and judges, and confines 'the transformative potential of political agitation … to [singular] "legal cases"'. 53 Juridification, here in the form of legal action by claimants against new legal entities, deflects dissent away from the shortcomings of the state's land restitution program, often associated with the downsizing of state resources and capacity discussed above.…”

Section: Resultsmentioning

confidence: 99%

After restitution: Community, litigation and governance in South African land reform

Beyers¹,

Fay²

2015

Afr Aff (Lond)

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This article considers the fracturing of "community" and the turn to litigation in the wake of nominally settled land restitution claims in South Africa. We describe emergent incongruence between groups of claimants, the projects of restitution, and the new legal entities that represent the claimants. As a result, discontented South African land claimants are challenging the new legal entities created in the restitution process, rather than the state and private sector actors upon which development-oriented Settlement Agreements depend. We focus on two of the earliest and largest land claims involving urban land and protected areas, District Six and Dwesa-Cwebe, but our argument extends beyond these cases. We then consider the implications of increased claimant litigation for the governance of relations between claimants and the state, and the management of dissent in the context of neoliberalization. In conclusion, we argue that struggles among claimants undermine the potential for more concerted action to address the shortcomings of restitution.

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Section: Resultsmentioning

confidence: 99%

After restitution: Community, litigation and governance in South African land reform

Beyers¹,

Fay²

2015

Afr Aff (Lond)

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“…The connection made by countless people between morality and law—i.e., the claim that (a) law should be moral and adhere to moral norms, and that (b) law is a means of furthering particular moral concerns—cannot be ignored, as we do in our research when we posit either a fundamental difference or a pragmatically and ethically necessary distance between law and morality. What I have elsewhere called the juridification of protest (Eckert et al ) is also a juridification of moral indignation, of moral claims, and an attempt to realign law and morals as they are perceived by those protesting. I am thinking of the many social movements that struggle for a world that is more just, be it in terms of climate justice, corporate responsibility, fairer trade relations, and so on.…”

Section: Law’s Moral Meaningmentioning

confidence: 99%

“…I want to take up two issues from Roger Cotterrell’s book that have been tremendously inspiring to me and that have been of central concern in my own attempts to grapple with law’s social transformations (Eckert et al ). One is his discussion of the relation between moral norms and legal norms, and more specifically his reading of Durkheim.…”

Section: Introductionmentioning

confidence: 99%

Durkheim in World Society: Roger Cotterrell’s Concept of Transnational Law

Eckert

2019

Ratio Juris

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“…The consequence was a change in both the content and the character of PILs. Eckert et al (2012) argue that the reason behind this change in the nature of PILs, was that in the 1990s the court began to assert its autonomy by aligning itself with the interests of the new middle class, shifting away from its earlier path of pro-poor social activism. This new middle class was a part of a 'corporate and privately-employed' (Sitapati, 2011) enclave that shied away from both collective action and state procedures to address its issues; it looked to the judiciary as an alternative and increasingly used PIL to pursue its interests (Thiruvengadam, 2013).…”

Section: A Political Economy Discourse: Courts Vis-à-vis the State Inmentioning

confidence: 99%

Land, Law and Courts in India: Tracing Land Rights Debates through Processes of Judicial Decision Making

Sinha¹

2019

Development and Change

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The pace of industrial and allied infrastructure development in India is encumbered by scarcity in the supply of land. As a result, the state in India has frequently resorted to expropriation of land through conversion of land away from its traditional uses and through displacement of communities. Consequently, land acquisition in the country is mired in disputes over human rights and environmental rights violations. In the face of continued political support for infrastructure-led development in India, those who stand to lose their land have often resorted to judicial recourse for pressing their rights. This article draws on empirical evidence from court cases related to two urban development projects in the states of Karnataka and Kerala to examine how courts have responded to the question of violation of land rights and appeals against land acquisition for the two projects. The author argues that the courts, while responding to the claims against the two projects, have refrained from holding the implementing agencies or the state governments accountable even in cases where there were recognizable incidents of malfeasance. The article illustrates that the inability of the courts to confront the state lends a tacit assent to the development agenda of the state.I am grateful to Glyn Williams, Louise Tillin, Nikita Sud, Sunil Mitra Kumar and three anonymous reviewers for their comments on an earlier version of the article. Needless to say, all errors and omissions are mine.Development and Change 50(4):

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Law’s Travels and Transformations

Cited by 46 publications

References 25 publications

After restitution: Community, litigation and governance in South African land reform

After restitution: Community, litigation and governance in South African land reform

Durkheim in World Society: Roger Cotterrell’s Concept of Transnational Law

Land, Law and Courts in India: Tracing Land Rights Debates through Processes of Judicial Decision Making

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