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In Sub-Saharan Africa, property rights law is an especially potent
source of instability. As the worldwide post-Cold War era trend
toward state-run property rights expansion clashes with
longstanding customs and what many would consider bureaucratic
incapacity, conflicts are inevitable. Many advocates from NGOs have
argued that the region's manifold governance problems stem at least
in part from the state's inability to enforce property rights.
Instead, 'private' property rights regimes, largely independent of
the state, have flourished. In recent years, there has, in fact,
been a concerted effort to create stronger property rights laws,
and in Where There is No Government, Sandra Joireman traces how
this has played out in Ghana, Uganda, and Kenya. The problem is
that while new, better laws might now be on the books, they
effectively do not exist if they are not enforced-a fact that
causes major problems for development. Those who possess land
cannot legally prove it's theirs, and those who are often
culturally prohibited from owning property, like women and
migrants, have trouble exercising their legal rights to property.
While there are those who may argue that African understandings of
property law are relatively efficient and adaptable because they
have evolved organically, Joireman contends that this view
discounts one very likely possibility-that such systems are in fact
predatory and favor elites. Operating from this assumption, she
employs a series of novel measures to determine which types of
property regimes promote social welfare and which hinder it. She
concludes that while the sub-Saharan states usually have a monopoly
over the use of force, they typically do not have control over
property law. Bowing to customary understandings of property, they
have largely ceded it to private actors (many of whom are
criminal). If Africa is to develop in a manner that promotes broad
social well being, a legalistic approach is inadequate-changes in
statutes and laws are not enough. State institutions must be able
and willing to enforce property rights if development is to occur.
Where There is No Government is at once an authoritative and
powerful account of this central dilemma in Africa, and a
prescription for addressing it.
A textbook for undergraduates taking courses on nationalism and
ethnicity, this title provides comprehensive coverage of the
subject. Boxed summaries, questions and suggestions for further
reading are all included. Nationalism and ethnicity are considered
within the context of both traditional and "new" (Cold War
perspectives) international relations theory. Sandra Joireman
explains the conflict between primordialism (the view that
ethnicity is inborn and ethnic division natural), instrumentalism
(ethnicity is a tool to gain some larger, typically material end)
and social constructivism (the emerging consensus that ethnicity is
flexible and people can make choices about how they define
themselves). Case studies are included on Quebec, Bosnia, Northern
Ireland and Eritrea.
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