Records 1 - 20 / 281
Erratum: Assessing the impact of underwater clearance of unexploded ordnance on harbour porpoises (Phocoena phocoena) in the Southern North Sea
Benda-Beckmann, Alexander M. von; Aarts, Geert ; Sertlek, H. ; Lucke, Klaus ; Verboom, Wim C. ; Kastelein, Ronald A. ; Ketten, Darlene R. ; Bemmelen, Rob van; Lam, Frans Peter A. ; Kirkwood, Roger J. ; Ainslie, Michael A. - \ 2018
Aquatic Mammals 44 (2018)3. - ISSN 0167-5427 - p. 340 - 341.
This erratum concerns Figure 9 of the original article in which the line delimiting two effect types ("Permanent hearing loss increasingly likely" and "Permanent hearing loss very likely") was misplaced. This error, which has now been corrected, affects neither the main text nor the conclusion of the study. The authors apologize for the error.
Between-breed variations in resistance/resilience to gastrointestinal nematodes among indigenous goat breeds in Uganda
Onzima, R.B. ; Mukiibi, Robert ; Ampaire, A. ; Benda-Beckmann, K. von; Kanis, E. - \ 2017
Tropical Animal Health and Production 49 (2017)8. - ISSN 0049-4747 - p. 1763 - 1769.
Breeding programs - Haemonchus contortus - Kigezi - Mubende - Small East African
Gastrointestinal nematodes (GINs), Haemonchus contortus, are a major health problem in goat production. Resistance to H. contortus, the most prevalent GIN in Uganda, was studied among three indigenous goat breeds to assess their differences. Twelve male goats of each breed approximately 7 months old of small East African (SEA), Mubende, and Kigezi goats from smallholder farmers in Arua, Mubende, and Kabale were assembled for the study. At the station, they were dewormed with a combination therapy of the broad-spectrum dewormers closantel and albendazole to free the goats of gastrointestinal parasites. During experimentation, the goats were kept indoors and ad libitum fed on clean banana peels and napier grass. On attainment of zero-worm-egg status, the goats were artificially infected with 18,000 third-stage (L3) larvae of H. contortus prepared according to Baermann’s procedure. Data were collected on fecal egg count (FEC), packed cell volume (PCV), and body weight (BW) on a 2-week basis until 12 weeks post infection and carcass weight and total worm count (WC) in the abomasum at termination of the experiment. The data on FEC, PCV, and BW were subjected to repeated-measure analysis of variance and the others by one-way analysis of variance. FEC between breeds was only significantly different at 12 weeks post infection (p = 0.04). Generally, higher FEC was recorded in Kigezi compared to SEA and Mubende goats. Carcass weight was significantly different among breeds (p < 0.05), with Mubende having the highest carcass weight, followed by Kigezi and SEA. PCV and daily weight gains were significantly different between breeds (p < 0.05). WC was not significantly different between the breeds. FEC and PCV were weakly significant at later stages of the experiment with higher parasite burden suggesting potential variation in resistance to H. contortus. These differences could be exploited in designing breeding programs with disease resistance in indigenous goat breeds.
Harbour porpoise movement strategy affects cumulative number of animals acoustically exposed to underwater explosions
Aarts, Geert ; Benda-Beckmann, Alexander M. Von; Lucke, K. ; Özkan Sertlek, H. ; Bemmelen, Rob Van; Geelhoed, Steve C.V. ; Brasseur, Sophie ; Scheidat, Meike ; Lam, Frans Peter A. ; Slabbekoorn, Hans ; Kirkwood, Roger - \ 2016
Marine Ecology Progress Series 557 (2016). - ISSN 0171-8630 - p. 261 - 275.
Acoustics - Anthropogenic sound - Cumulative effects - Impact assessment - Individual-based model - Marine mammals - Population consequences of disturbance - Species distribution
Anthropogenic sound in the marine environment can have negative consequences for marine fauna. Since most sound sources are intermittent or continuous, estimating how many individuals are exposed over time remains challenging, as this depends on the animals' mobility. Here we explored how animal movement influences how many, and how often, animals are impacted by sound. In a dedicated study, we estimated how different movement strategies affect the number of individual harbour porpoises Phocoena phocoena receiving temporary or permanent hearing loss due to underwater detonations of recovered explosives (mostly WWII aerial bombs). Geo-statistical distribution models were fitted to data from 4 marine mammal aerial surveys and used to simulate the distribution and movement of porpoises. Based on derived dose-response thresholds for temporary (TTS) or permanent threshold shifts (PTS), we estimated the number of animals affected in a single year. When individuals were free-roaming, an estimated 1200 and 24 000 unique individuals would suffer PTS and TTS, respectively. This equates to respectively 0.50 and 10% of the estimated North Sea population. In contrast, when porpoises remained in a local area, fewer animals would receive PTS and TTS (1100 [0.47%] and 15 000 [6.5%], respectively), but more individuals would be subjected to repeated exposures. Because most anthropogenic sound-producing activities operate continuously or intermittently, snapshot distribution estimates alone tend to underestimate the number of individuals exposed, particularly for mobile species. Hence, an understanding of animal movement is needed to estimate the impact of underwater sound or other human disturbance.
Mapping underwater sound in the dutch part of the North Sea
Özkan Sertlek, H. ; Aarts, Geert ; Brasseur, Sophie ; Slabbekoorn, Hans ; Cate, Carel ten; Benda-Beckmann, Alexander M. von; Ainslie, Michael A. - \ 2016
In: The effects of Noise on Aquatic Life II / Popper, A.N., Hawkins, A., Springer Science + Business Media (Advances in Experimental Medicine and Biology ) - ISBN 9781493929801 - p. 1001 - 1006.
Good environmental status - Shipping noise
The European Union requires member states to achieve or maintain good environmental status for their marine territorial waters and explicitly mentions potentially adverse effects of underwater sound. In this study, we focused on producing maps of underwater sound from various natural and anthropogenic origins in the Dutch North Sea. The source properties and sound propagation are simulated by mathematical methods. These maps could be used to assess and predict largescale effects on behavior and distribution of underwater marine life and therefore become a valuable tool in assessing and managing the impact of underwater sound on marine life.
Development of a model to assess masking potential for marine mammals by the use of air guns in Antarctic waters
Wittekind, Dietrich ; Tougaard, Jakob ; Stilz, Peter ; Dähne, Michael ; Clark, Christopher W. ; Lucke, K. ; Benda-Beckmann, Sander von; Ainslie, Michael A. ; Siebert, Ursula - \ 2016
In: The Effects of Noise on Aquatic Life II Springer New York LLC (Advances in Experimental Medicine and Biology ) - ISBN 9781493929801 - p. 1243 - 1249.
Mysticetes - Pinnipeds - Propagation modeling - Seismic
We estimated the long-range effects of air gun array noise on marine mammal communication ranges in the Southern Ocean. Air gun impulses are subject to significant distortion during propagation, potentially resulting in a quasi- continuous sound. Propagation modeling to estimate the received waveform was conducted. A leaky integrator was used as a hearing model to assess communication masking in three species due to intermittent/continuous air gun sounds. Air gun noise is most probably changing from impulse to continuous noise between 1,000 and 2,000 km from the source, leading to a reduced communication range for, e.g., blue and fin whales up to 2,000 km from the source.
Assessing the Impact of Underwater Clearance of Unexploded Ordnance on Harbour Porpoises (Phocoena phocoena) in the Southern North Sea
Benda-Beckmann, A.M. von; Aarts, G. ; Sertlek, H.Ö. ; Lucke, K. ; Verboom, W.C. ; Kastelein, R.A. ; Ketten, D.R. ; Bemmelen, R.S.A. van; Lam, F.P.A. ; Kirkwood, R.J. ; Ainsle, M.A. - \ 2015
Aquatic Mammals 41 (2015)4. - ISSN 0167-5427 - p. 503 - 523.
(UXO) are still present in the North Sea. UXO are frequently accidentally encountered by fishermen and dredging vessels. Out of concern for human safety and to avoid damage to equipment and infrastructure from uncontrolled explosions, most reported UXO found in the Dutch Continental Shelf (DCS) are detonated in a controlled way. These underwater detonations produce high amplitude shock waves that may adversely affect marine mammals. The most abundant marine mammal in the DCS is the harbour porpoise (Phocoena phocoena), a species demonstrated to be highly sensitive to sound. Therefore, an assessment of potential impacts of underwater explosions on harbour porpoises was undertaken. Information regarding UXO cleared in the DCS provided by the Netherlands Ministry of Defence was used in a propagation model to produce sound exposure maps. These were combined with estimates of exposure levels predicted to cause hearing loss in harbour porpoises and survey-based models of harbour porpoise seasonal distribution on the DCS. It was estimated that in a 1-y period, the 88 explosions that occurred in the DCS very likely caused 1,280, and possibly up to 5,450, permanent hearing loss events (i.e., instances of a harbour porpoise predicted to have received suffi-cient sound exposure to cause permanent hearing loss). This study is the first to address the impacts of underwater explosions on the population scale of a marine mammal species. The methodology is applicable to other studies on the effects of under-water explosions on the marine environment.
Political activism and the PAH (Platform of Mortgage Victims) in Spain: the significance of Franz von Benda-Beckmann's work for the study of power, political agency and legal pluralism at the grassroots
Nuijten, Monique - \ 2015
Journal of Legal Pluralism and Unofficial Law 47 (2015)3. - ISSN 0732-9113 - p. 476 - 492.
This article looks at the contribution of Franz von Benda-Beckmann to the analysis of
political agency at the grassroots, especially the ways in which people at the margins
and political activists contest existing structures of power. It examines in particular
the relevance of von Benda-Beckmann’s approach for the analysis of the PAH
(Platform of Mortgage Victims) in Spain, a social movement that stands up against the wave of house evictions as a result of the economic crisis and the collapse of the housing market.
It is argued that people who have a contested relation with existing structures of
power express normative values that differ from state rules. This makes legal
anthropology in general, and von Benda-Beckmann’s approach of legal pluralism in particular, very relevant to this area of study. Von Benda-Beckmann’s thoughts about law and legal pluralism are discussed in relation to grassroots politics. The values of his ideas are highlighted as well as analytical points of departure from his views.
Property, legal pluralism, and water rights: the critical analysis of water governance and the politics of recognizing “local” rights
Roth, D. ; Boelens, R.A. ; Zwarteveen, M.Z. - \ 2015
Journal of Legal Pluralism and Unofficial Law 47 (2015)3. - ISSN 0732-9113 - p. 456 - 475.
In this paper we assess the impact of Franz von Benda-Beckmann's work in the field of water rights. We argue that his contributions to understanding water, a field dominated by engineers and economists, cannot be overestimated. Over the years, Franz's nuanced and empathic anthropological attitude, his suspicion of universals, and his critical stance towards mainstream development thinking have developed into a rich conceptual repertoire for understanding how norms, rules, and laws co-shape water flows to produce highly uneven waterscapes. His ideas have been particularly influential in re-thinking water as property, opening up for investigation the relation between “the legal” and human behaviour through a layered conceptualization of property. There is now increasing recognition of the idea that water use situations are often governed by a plurality of rules, norms, and laws that come from different sources. The impact of such insights on engineering-dominated water studies is growing. Indeed, law and notions of legal pluralism are increasingly mobilized for the purpose of better regulation of water. The instrumental use of legal pluralism may, however, result in a watering down of descriptive-analytical concepts. These concepts may thus lose their analytical power and become linked to the very forms of identity-based politics, neoliberal ideologies, and modernist-legalist interventions that critical legal pluralism studies intend to challenge.
|Assessment of impact of underwater clearance of historical explosives by the Royal Netherlands Navy on harbour porpoises in the North Sea
Benda-Beckmann, A.M. von; Aarts, G.M. ; Lucke, K. ; Verboom, W.C. ; Kastelein, R.A. ; Bemmelen, R.S.A. van; Geelhoed, S.C.V. ; Kirkwood, R.J. - \ 2015
Den Haag : TNO (Report / TNO 2014 R10916) - 139 p.
Arctic Operations Handbook: Generic Framework for Environmental Assessments
Lagerveld, S. ; Tamis, J.E. ; Bolman, B.C. ; Geelhoed, S.C.V. ; Jak, R.G. ; Scheidat, M. ; Benda-Beckmann, S. von; Faidutti, D. ; Vries, P. de - \ 2013
Den Helder : IMARES (Report / IMARES Wageningen UR C192/13) - 67
arctische ecologie - noordelijke ijszee - ecosystemen - milieueffect - milieueffectrapportage - offshore - marien milieu - arctic ecology - arctic ocean - ecosystems - environmental impact - environmental impact reporting - offshore - marine environment
The Dutch offshore industry has the ambition to execute operations on a large scale in Arctic areas, for instance for installation and operation of oil- and gas production facilities and pipelines. Currently, there is no standard for safe operations by service companies in Arctic offshore areas. Therefore a Joint Industry Project (JIP) was started to carry out the necessary investigations to enable the formulation of guidelines for Arctic operations. One of the deliverables of the JIP is an environmental assessment pilot.
Plurality of religion, plurality of justice : exploring the role of religion in disputing processes in Gorongosa, Central Mozambique
Jacobs, C. - \ 2010
Wageningen University. Promotor(en): F. von Benda-Beckmann, co-promotor(en): K. von Benda-Beckmann. - [S.l. : S.n. - ISBN 9789085858010 - 262
recht - rechtssystemen - sociale systemen - cultuur - religie - conflict - pluriforme samenleving - mozambique - christendom - conflictmanagement - law - legal systems - social systems - culture - religion - conflict - plural society - mozambique - christianity - conflict management
Secularisation and modernisation theories long predicted the demise of supernatural forces in the lives of people after the Enlightenment. By the end of the twentieth century however, scholars slowly came to recognise that a belief in the supernatural was not disappearing at all but, in fact, gaining momentum in many parts of the world, especially in the global South. Religion is (back) at the centre of attention. The current attention, however, appears to be mainly to religion in a negative sense; to fundamentalism and religiously-oriented wars that are wreaking havoc in many parts of the world. Less effort has been made to come to an understanding of the role of religion in disputes that are not necessarily about religion. This dissertation explores the role of religion in disputing processes in Gorongosa, a district in Central Mozambique. Religion might provide important orientations to people on how to behave in everyday life vis-à-vis each other and vis-à-vis the spiritual world. But which normative orientations does religion provide to people in the prevention, mediation, and resolution of disputes?
In Chapter 1, theoretical approaches towards religion and disputing are discussed. Central to religion is a belief in spiritual beings, which provides normative orientations to people. In the context of Gorongosa, Christianity and traditional religion play important roles. The latter is usually referred to simply as ‘tradition’ by people in Gorongosa. After the discussion of religion, follows a discussion of theoretical approaches towards processes of disputing in the context of legal pluralism. At the end of the chapter, the selection of Gorongosa, Mozambique for the study is explained and the field site is introduced.
Chapter 2 provides a historical overview of key developments in Mozambique in general, and in Gorongosa in particular, especially in relation to governance and religion. Crucial legal changes are described and how they have affected the society of Gorongosa. It is shown that the first lasting evangelisation in Gorongosa started only in 1947, which is relatively recent. Therefore, many of the older people still vividly recall times in which traditional beliefs held a more central role.
Chapter 3 further elaborates on the changes brought to society and individuals in this society from early Christianisation onwards. Today, plurality of religion is ingrained in both society and individuals. In this chapter, I describe the way in which people identify with tradition and Christianity in discourse and in praxis. Many people define themselves as Christians, but when looking for normative orientations to guide their behaviour, they frequently shift between tradition and Christianity. Both categories of religion play a role in providing normative orientations and spiritual security to people in a rapidly changing world. When people in Gorongosa, refer to religion, they are typically referring to Christianity, not to traditional religion. It is argued that this is partly due to missionary discourse that defines Christianity as the one and only religion. Not defining tradition in the same terms as Christianity makes the two categories more compatible. It also makes it easier for people to more efficiently shop at the religious marketplace when they are in search of normative orientations.
In Chapter 4, I present a case study of a conflict over land in the Gorongosa district. At the centre of the conflict between the local population and the Gorongosa National Park was a mountain. For the Park management, the mountain was of interest because it is part of the park’s watershed and, it was argued, essential for the Park’s ecosystem. For the local population, the mountain is an important resource, with fertile lands due to the favourable climatic conditions. Additionally, certain parts of the mountain are believed to be sacred and access is tightly regulated due to ritual prescriptions laid down by the ancestral spirits. The case shows how people can empower themselves by referring to the spirits.
The role of religious leaders in disputing processes is described in Chapter 5. The first part of the chapter describes the way in which spirit mediums participate in the disputing process by first revealing the spiritual truth and subsequently by retaliation. Only once these phases have been fulfilled, steps can be taken towards reconciliation. Special attention is paid to ‘the video’; an innovative method to reveal the truth that one of the spirit mediums in Gorongosa introduced early 2008. Within a couple of weeks, this method was fully accepted by large parts of the population. I show that the instrument was innovative, yet strongly rooted in tradition. The second part of the chapter shows the mediatory role of the pastors in disputes. Pastors follow a different path through the disputing process than spirit mediums, but they strive for a similar aim; reconciliation. To achieve reconciliation, pastors first pray and read the Bible with the disputing parties. The next step is mutual forgiveness. Once this is done, the way to reconciliation is open. Pastors mainly intervene in conflicts that people want to keep ‘within the house’.
In Chapter 6, I move from the religious realms to the staterooms of disputing; the police station and the district court. While religion does appear in these settings, it is mainly traditional religion, via a reference to the spirits. People – plaintiffs and defendants alike – allocate responsibility to the spirits to justify or explain their behaviour and to defend their rights. Although many of the local state officials share a belief in ‘the spirits of tradition’ with their subjects, ‘spiritual arguments’ are seldom taken into consideration in the decision-making stage of the disputing process. I show that this sometimes leads to dissatisfaction among the disputants, who subsequently turn their backs on the state and search for a solution outside the control of the state.
Neighbourhood secretaries, community courts, and régulos are more or less hybrid authorities who have more freedom to accommodate a wide range of arguments when they are consulted to mediate in conflicts. In Chapter 7, I show that these authorities not only assist in the mediation of a wider range of arguments, but that they themselves also actively invoke normative orientations provided by both Christianity and traditional religion. Although these shifts in orientations might seem inconsistent, I argue that they are in line with the shifting orientations of their subjects, as presented in Chapter 3.
In Chapter 8, I will describe the ‘problem of order’ that the Mozambican state faces. In recent years, Mozambique has been increasingly affected by waves of ‘private justice’; often very violent forms of justice that citizens impose with their own hands. Targets of these acts of justice are mainly people suspected of crimes, witchcraft, or a combination of the two. I describe several of these incidents and discuss in which way they are linked to each other. I argue that this private justice should be understood as a questioning of the order that is imposed by the state. I use this phenomenon of private justice to show that to regain control the state is driven to cooperate with other authorities who are more trusted by the people. After independence, the Mozambican state has taken a strongly secular stance and rejected religion. Yet, the acts of private justice led the local state administration in Gorongosa to seek the cooperation of church leaders to indirectly sensitise the population. But typically, no such cooperation has been solicited from the spirit mediums. The state thus seems to be approaching the Christian leaders but much less the spirit mediums. This is despite the fact that both categories of religious leaders feel they are able to give their responses to these forms of violence meant to impose justice.
In the concluding chapter of this dissertation, Chapter 9, I come back to the main question: what role does religion play in disputing processes? It is argued that religion plays a role not only through religious leaders who engage in the mediation of disputes but also via normative orientations that might prevent conflicts from taking place. Moreover, religion is not as absent in secular rooms of disputing as might be expected. Spirits, particularly, also play a role in disputes taken to the police station and district court, yet, their role is often downplayed as being insignificant. For complainants and defendants however, this is often a crucial aspect in a conflict and when not recognised within the secular rooms of the state, people can turn their backs to the state and find justice somewhere else. In conclusion, I argue that a plurality of religion contributes to a plurality of justice in Gorongosa via the different normative orientations it provides.
|Ritual and rule in the periphery: state violence and local governance in a Peruvian comunidad
Nuijten, M.C.M. ; Lorenzo, D. - \ 2009
In: Rules of law and laws of ruling: on the governance of law, law, justice and power series / von Benda Beckmann, F., von Benda Beckmann, K., Eckert, J., Ashgate : Aldershot and Burlington - ISBN 9780754672395 - p. 101 - 124.
|Peasant community and territorial strategies in the Andean Highlands of Peru
Nuijten, M.C.M. ; Lorenzo, D. - \ 2009
In: Spatializing Law: An anthropological geography of law in society / von Benda Beckmann, F., von Benda Beckmann, K., Griffiths, A., Ashgate : Aldershot and Burlington - ISBN 9780754672913 - p. 31 - 58.
Traditional law in a globalising world. Myths, stereotypes, and transforming traditions: Van Vollenhoven Lecture 2008
Benda-Beckmann, K. von; Benda-Beckmann, F. von - \ 2008
Leiden : Van Vollenhoven Institute for Law, Governance and Development; Faculty of Law, Leiden University (Van Vollenhoven Lectures 2008) - 33 p.
Enclosed waters : property rights, technology and ecology in the management of water resources in Palakkad, Kerala
Krishnan, J. - \ 2007
Wageningen University. Promotor(en): F. von Benda-Beckmann; Linden Vincent, co-promotor(en): P.P. Mollinga. - [S.l.] : S.n. - ISBN 9789085048145 - 303
waterbeheer - grondeigendom - watervoorraden - waterbeleid - irrigatiewater - india - kerala - eigendomsrechten - water management - land ownership - water resources - water policy - irrigation water - india - kerala - property rights
This thesis is an enquiry into the persistent problem of water scarcity in the paddy growing regions in the southeastern part of Palakkad district, in the state of Kerala, in South India. It views the problem of scarcity as an outcome of the existing unsustainable and inequitable mode of water resources management and distribution. It therefore places the problem of scarcity in the particular irrigation and agricultural context of Kerala. Following the introductory chapter and the discussion on the conceptual framework, the first part of the thesis (Chapters 3-4) deals with the underlying approach towards the management of water resources, with a focus on the sustainability dimension. It provides a critique of the irrigation and agricultural policies implemented by the state of Kerala since the 1960s, for their neglect of local specificities. It also analyses the impact of single crop (paddy) focussed irrigation and agricultural policies on the micro-level land and water use practices in the study area. It also discusses the impact of supply oriented, large-scale canal projects and inter-basin transfers of water on the management of local water sources, primarily the tanks of the area. Finally, it analyses the extent to which the existing policy emphasis on local level water resource management and planning, as a part of the decentralisation agenda of the state, has ensured sustainable water management. The second part of the thesis (Chapters 5-7) is focussed on the distribution issue. The issue of equitable distribution of water has been located within the property rights framework. Rights to land explain the present distribution of access to water. The thesis has illustrated how the implementation of land reforms in the state (hailed as one of the most radical land reform initiatives in India), by neglecting the issue of water rights, resulted in an inequitable distribution of access to water. It also discusses how the increasing private control over water eats into public and common rights, giving rise to conflicts and contestations. Finally, the thesis critiques the existing formulation of property rights over land and water, for their neglect of issues related to ecological sustainability. While discussing the creation of public and private rights over a fluid and common pool resource such as water, it argues that issues of ecological sustainability should be central to the framing of property rights over both land and water. In conclusion, this thesis illustrates that the recurring problem of water scarcity necessitates a thorough re consideration of existing irrigation and agricultural policies that influence the management of water resources. It also argues for a re consideration of the existing property rights formulations that determine access to a scarce and critical resource.
|The utopia of the Minangkabau nagari
Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
In: Ilmu sosial, pembangunan & perubahan sosial budaya / Miko, Alfan, Padang : Andalas University Press - p. 166 - 189.
|Social Insecurity, National Resources and Legal Complexity
Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
In: La quête anthropologique du droit: Autour de la démarche d'Étienne Le Roy / Eberhard, Christoph, Vernicos, Geneviève, Paris : Karthala - ISBN 9782845867963 - p. 221 - 248.
|The properties of property
Benda-Beckmann, F. von; Benda-Beckmann, K. von; Wiber, M. - \ 2006
In: The changing properties of property / von Benda-Beckmann, F., von Benda-Beckmann, K., Wiber, M., London : Berghahn - ISBN 9781845451394 - p. 1 - 39.
|The dynamics of legal pluralism
Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
In: Dynamics of plural legal orders / von Benda-Beckmann, F., von Benda-Beckmann, K., Berlijn : Lit Verlag (The Journal of Legal Pluralism and Unofficial Law 53/54) - ISBN 9783825898984 - p. 1 - 41.
This paper introduces this Special Number. The work of the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology in Halle aims to continue the rapid expansion of recent decades of studies of legal pluralism. The recently much discussed phenomenon of globalisation has provoked a wide variety of local responses. Encounters are occurring between state laws, transnational laws, customary laws and religious laws, all of which are liable as a result to be transformed by processes of adaptation, appropriation and vulgarisation. This may lead to increasing pluralisation of laws, but can also in some cases produce homogenisation, or de-pluralisation. The notion of `law¿ should not be limited to state, international and transnational law, but should be used to refer to all those objectified cognitive and normative conceptions for which validity for a certain social formation is authoritatively asserted. Law becomes manifest in many forms, and is comprised of a variety of social phenomena. Constellations of legal pluralism may include legal systems, unnamed laws and religious laws. Within such a constellation elements of one legal order may change in various ways under the influence of another. Co-existing bodies of law may cover different geographical and political spaces, and longer temporal periods than are formally acknowledged. Inter-system demarcations also vary in complex ways in their form and in the uses to which social actors put them. Legal orders (and not only state laws) recognise or do not recognise other orders in varying ways, these constructions having potentially some influence on social actors, the nature and extent of which are empirical questions in each case. The emergence, maintenance and change of constellations of legal pluralism are thus the result of dynamic processes. Such processes are examined in this volume, and the following papers contain illustrations of all these issues.
|The multiple edges of law: dealing with legal pluralism in development practice
Benda-Beckmann, F. von - \ 2006
In: The World Bank Legal Review, volume 2 - Law, Equity and Development The Hague : Brill (The world Bank Legal Review 2) - ISBN 9789004155619 - 590 p.