Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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    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.
    Changing properties of property
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Wiber, M. - \ 2006
    London : Berghahn Books - ISBN 9781845451394 - 367
    law - social anthropology - property rights - resource allocation - culture - common lands - common property resources - recht - sociale antropologie - eigendomsrechten - middelentoewijzing - cultuur - gemeenschappelijke weidegronden - gemeenschappelijk bezit
    Moving borders and invisible boundaries: a force field approach to property relations in the commons of a Mexican ejido
    Nuijten, M.C.M. ; Lorenzo, D. - \ 2006
    In: Changing properties of property / von Benda Beckmann, F., von Benda Beckman, K., Wiber, M., New York, London : Berghahn Books - ISBN 9781845451394 - p. 218 - 242.
    Unity and Diversity: Multiple citizenship in Indonesia
    Benda-Beckmann, F. von - \ 2006
    Universalismus und Relativismus in der Diskussion über Menschenrechte: Eine rechtsethnologische Perspektive"
    Benda-Beckmann, F. von - \ 2006
    The social embeddedness of rights: a new research agenda?
    Benda-Beckmann, F. von - \ 2006
    The social life of living law in Indonesia
    Benda-Beckmann, F. von - \ 2006
    How communal is communal and whose communal is it? : lessons from Minangkabau
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
    In: The changing properties of property / von Benda-Beckmann, F., von Benda-Beckmann, K., Wiber, M., London : Berghahn - ISBN 9781845451394 - p. 194 - 217.
    Gender, water rights and irrigation in Nepal
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
    In: Fluid bonds : views on gender and water / Lahiri-Dutt, Kuntala, Kolkata : Stree Books - ISBN 9788185604701 - p. 107 - 137.
    Legal pluralism in Wageningen. 25 Years alive and kicking
    Benda-Beckmann, F. von - \ 2006
    How communal is communal, and whose communal is it?
    Benda-Beckmann, F. von - \ 2006
    Changing properties of property
    Benda-Beckmann, F. von - \ 2006
    Comment on Ben Cousins and Aninka Claasens "More than simply 'socially embedded': recognizing the distinctiveness of African land rights"
    Benda-Beckmann, F. von - \ 2006
    Propertisation in Drittweltländern: Parallele und gegenläufige Entwicklungen
    Benda-Beckmann, F. von - \ 2006
    Public and private in scholarly analysis, political debate and everyday practive
    Benda-Beckmann, F. von - \ 2006
    International Course: "Theoretical and methodological aspects of legal plurslism"and "Legal pluralism and natural resources"
    Benda-Beckmann, F. von - \ 2006
    Contestations over a life-giving force: Water rights and conflicts, with special reference to Indonesia
    Benda-Beckmann, F. von - \ 2006
    In: A World of Water; Rain, Rivers and Seas in Southeast Asian Histories / Boomgaard, Peter, Leiden : KITLV Press (Verhandelingen 240) - ISBN 9789067182942 - p. 259 - 277.
    Changing one is changing all: Dynamics in the Adat-Islam-State triangle
    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. 239 - 270.
    This paper explores the social processes in which the triangular relationships between adat, Islam and state rules are maintained and changed throughout time in West Sumatra. It is argued that, since the incorporation of Minangkabau in the colonial state, changes within one set of this relationship have tended to trigger changes in the others as well, but that this has occurred around shifting political issues. Over time new `hotspots¿ develop in which the meaning of the relationships between the different legal systems as well as the moral values they represent are reconstituted. The paper focuses on the most recent period of renegotiating the relationships triggered by Indonesia¿s decentralisation policy. This soon included the restructuring of village government, the role and validity of adat leadership struggles over rights to village commons, and a debate about the proper role of Islam. The paper discusses how negotiating relationships in one arena may affect the relationships in others. It is suggested that legal systems ¿ and therefore constellations of legal pluralism ¿ may have characteristic ways in which changes in one domain of social organisation, such as village government, affect other domains, such as resource use or inheritance. This is facilitated by factors such as the systemic character of legal systems and inter-system relationships, degrees of social and functional differentiation and institutionalisation, and density of multiplex and multifunctional relationships and institutions
    Dynamics of plural legal orders
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2006
    Berlijn : Lit Verlag (Journal of legal pluralism and unofficial law no. 53-54) - ISBN 9783825898984 - 270
    gewoonterecht - sociale antropologie - recht - sociale wetenschappen - geschiedenis - religie - samenleving - customary law - social anthropology - law - social sciences - history - religion - society
    Toerbeurtrijstbouw : individuele en collectieve rechten in de landbouw van Kerinci in Sumatra, Indonesië
    Ven, J.W. van de - \ 2006
    Wageningen University. Promotor(en): F. von Benda-Beckmann. - [S.l. ] : S.n. - ISBN 9789085044727 - 209
    eigendomsrechten - gemeenschappelijk bezit - overerving van eigendom - landbouwgrond - voedselgewassen - rijst - boeren - boerengezinnen - indonesië - sumatra - property rights - common property resources - inheritance of property - agricultural land - food crops - rice - farmers - farm families - indonesia - sumatra
    In Kerinci, on theislandofSumatrainIndonesia, different categories of collective property co-exist with different types of individual property. In this thesis, thedevelopment of two categories of collective property arestudied: the inherited property of ricelands and the common property of the village territory. The main question that this study seeks to answer is how towards the end of the 20 th century individual and collective forms of property interact in Kerinci in the context of commercial agriculture and in view of the need to produce foodcrops for family self-sufficiency.

    In Kerinci the standard mode of exploitation of inherited rice fields is gilir ganti or time-sharing. In essence, this means that heirs and co-owners of an inherited estate do not grant each other permanent, but only temporary rights of exploitation to rice fields. Time-shares to use the plots are distributed among each other instead of the plots in their entirety. In Kerinci such an individual time-share to use a certain plot of land to grow rice is called a giliran . A giliran always lasts for one year and runs from September to September. The time interval between the years that an individual heir is allowed to take his or her turn to one or more plots of the inherited estate is determined by the total amount of plots that make up the estate as well as by the total number of heirs. When there are many heirs and only a few plots of sawah , individual heirs will have to wait several years before they can take their turn, but when sawah are abundant the interval between the turns may be brief. For the next generation of heirs, the inherited giliran are equally distributed among the heirs in another set of time-shares.

    Since inheritance in Hiang is a post mortem affair, the actual owners of the time-shares always belong to the oldest living generation. Long before actual inheritance, the giliran and other fields of the properties to beinherited,are therefore often already used by the children and grandchildren of the owner. An arrangement between giliran -owners and giliran -users practised most widely in this respect is a type of sharecropping by which costs and yields are split evenly ( bagi dua ). As time-share owners tend to anticipate the future, they often arrange for a settlement with their (grand)childrenthat mimics the model of time-sharing and that creates a shadow system of rotation on the level of use. In addition, private arrangements between brothers and sisters occur on the level of giliran -owners. When, for instance, a brother is relatively well-off, it is not unusual for him to grant temporarily the use of his giliran to a sister, albeit without altering his inheritance position and that of his children. Borrowing a giliran is a strategy to bridge or to shorten the interval between two time-shares of poorer siblings. When all brothers and sisters need their giliran for survival they can deviate privately from the giliran schedule by pooling and sharing their giliran with one or two other siblings. In this way, production costs and rice yields are distributed more evenly over time. If the logic of the inheritance of giliran were continued indefinitely, Kerinci farmers would after three or four generations end up with giliran that have been used for 30 or 40 years. In practice, however, giliran of such a long duration do not exist in Kerinci. In Hiang the running time of giliran differs between three and six years, while the most common running time is three years. This is a consequence of the practice of selling and buying giliran within the circle of close relatives. The widespread practice of selling and buying giliran is one of the cornerstones of the system of gilir ganti , since it prevents time-shares from becoming too fragmented over generations. There are several ways to transfer giliran between heirs. They can decide, for example, to sell giliran inherited from father or mother to one or all of their parents' offspring. They can also decide that only one of the children will replace father or mother, and that only he or she will inherit the entire giliran . In that case, other heirs will have to be compensated either in money or through the exchange of other inherited assets. The most common strategy to transfer giliran among heirs, however, is for brothers and sisters holding together new inherited property to buy and sell each other's giliran in due course, which results in a gradual reduction of heirs and giliran holders. Furthermore, it must be noted that rice fields belonging to the individual property of the deceased father or mother may also enter the system of gilir ganti should the heirs so decide. Following the inflow of individual fields in the inherited estate, new time-shares may be created next to the inherited giliran of each generation. Following this mix of old and new giliran and due to the practice of selling and buying time-shares, the inherited properties in Kerinci that are exploited in the gilir ganti mode, are typically of an ad hoc nature as they are centredaroundclusters of sibling groups of one generation. In terms of property flows, then, the property of a certain generation is only related to the inherited estates of previous generations by the less economically valuable, but sometimes ideologically and strategically highly appreciated 'old' giliran .

    The social effects of the continuation of inherited property estates and the exploitation system of time-sharing are twofold. First, inherited estates provide for a social security and livelihood system within families. Second, since most farming families in Kerinci are still owners and users of giliran in the gilir ganti system, most families also still have access to rice production. The overall effect of gilir ganti in Kerinci is that many families stay in rice cultivation as - part-time - owners of rice fields. As participants in the system of gilir ganti these families also have relatively easy access to sharecropping and other labour relations that provide for alternative means to grow rice when there is no giliran to be used. From this perspective gilir ganti is the single most important social institution of food security in Kerinci. Further, it can be argued that the continuation of gilir ganti in Kerinci does not hamper but, instead, facilitates the commercial management of agriculture. After all, growing rice in a regime of time-shares and commercial production do not exclude each other. On the contrary, by keeping more farming families in rice cultivation through gilir ganti , these families are able to take more commercial risks in the producton of tree crops.

    The second category of collective property, the common property of the village territory, is characterized by a very different historical trajectory in Kerinci. In some villages in Kerinci, such as Hiang, the traditional village lands are still covered with forests. In most villages, however, theseforesthave already been transformed into dry fields ( ladang ) and orchards ( kebun ). This does not imply that there is a shortage of forests in Kerinci as approximately 60% of the territory of the Kerinci district still consists of forests. These forests surround the agrarianvalleyofKerinciand nowadays they are all part ofKerinciSeblatNational Park.In Hiang a forest of 800 ha.isstill located on village territory. This forest has become common property of the National Park and thevillageofHiangin 1993 and since then it is called a hutan adat ('customary law forest'). As a result of this transformation the villagers of Hiang now'own' theforest along with the National Park. In practice, this means that villagers have lost the right of individual exploitation of a forest plot ( arah ajun ) and that former individual property rights of ladang in the hutan adat are transformed into use-rights only. At the same time, however, all villagers are allowed to gather forest products for their own use. For their loss of autonomy the villagers have been compensated with infrastructural works. Whether this co-management of the Hiang forest has so far been profitable for the villagers is difficult to assess. However, the transformation of the forests on the tanah ulayat into hutan adat has definitely changed the destination of the forest from an agricultural exploitation reserve into a conservationarea,and from a common property resource of villagers to a common property regime of co-management with the aim of nature conservation.

    Die Revitalisierung in Tradition im Recht: Rückfall in die Vergangenheit oder zeitgemässe Entwicklung?
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Turner, B. - \ 2005
    Juridkum 2005 (2005)4. - p. 197 - 201.
    One of the major research themes of the project group is the changes in plural legal constellations characterised by some form of co-existence between state law, customary law and religious law under conditions of globalisation. One of the unexpected and striking developments is what looks like a revitalisation of tradition in customary and religious law. Although the increased proliferation of interand transnational law as well as state legislation would lead one to expect a further weakening or disappearance of non-state legal forms, the contrary seems to be true. Research carried out in West Sumatra, Indonesia, the Souss in Southern Morocco, Bombay (India) and Ladakh and Amdo (Tibetan India and China) suggests that such revitalisation cannot be simply explained as a nostalgic turning back to the past due to the failure of nation states or the political, economic and cultural impacts of globalisation. Research shows that these processes are often very future oriented. Local, national and transnational actors instrumentalise the past for shaping social, economic and political organisation.
    Pak Dusa's law: Thoughts on law, legal knowledge and power
    Benda-Beckmann, F. von - \ 2005
    Journal of Transdisciplinary Environmental Studies 4 (2005)2. - ISSN 1602-2297
    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally constructed positions of legitimate power (in general rules or concrete decisions) can be important resources which can be drawn upon in interaction. This is illustrated with the experiences of Pak Dusa, a villager on the island of Ambon in Eastern Indonesia. The paper argues that the main difference between constructions of law in legal decisions made in courts and by other actors outside courts does not lie so much in the actors' knowledge of the law but more in the courts' legally constituted position to exercise power. However, as the experiences of Pak Dusa show, court decisions enter a wider power field in which they may loose their legally constructed significance, while his own, unauthorized law carried the day
    State law, Adat, Syariah and Human rights: Views from Indonesia
    Benda-Beckmann, F. von - \ 2005
    The properties of property
    Benda-Beckmann, F. von - \ 2005
    Transnational migration and the re-framing of mormative values
    Nuijten, M.C.M. - \ 2005
    In: Mobile people, mobile law: expanding legal relations in a contracting world / von Benda Beckmann, F, von Benda Beckmann, K, Griffiths, A, Aldershot, UK : Ashgate (Law, justice and power ) - ISBN 9780754623861 - p. 51 - 68.
    Towards an anthropological geography of law in society
    Benda-Beckmann, F. von - \ 2005
    Übersetzung, Vergleich, Transformation: Das lästige Recht der Anderen
    Benda-Beckmann, F. von - \ 2005
    Social and legal development in plural legal orders
    Benda-Beckmann, F. von - \ 2005
    Sovereignty, legitimacy and law: Anthropology between studying and endorsing normative constructions and social practices
    Benda-Beckmann, F. von - \ 2005
    Riding the centaur : reflections on the identities of legal anthropology
    Benda-Beckmann, F. von - \ 2005
    Pemerintahan lokal, sumber daya alam dan pluralisme hukum
    Benda-Beckmann, F. von - \ 2005
    "Von vertikalen zu horizontalen Netzwerke": Neue politische Konfigurationen in Indonesien
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2005
    In: Bewegliche Horizonte : Festschrift zum 60. Geburtstag von Bernhard Streck / Geisenhainer, K., Lange, K., Leipzig : Leipziger Universitätsverlag - ISBN 9783865830784 - p. 459 - 470.
    Pluralisme Judiciaire: Defis scientifiques, politiques et pragmatiques
    Benda-Beckmann, F. von - \ 2005
    In: Conférence Régionale sur la réforme juridique et judiciaire visant la promotion des droits de la femme en matiere de droit foncier et de la famille dans le cadre des systêmes juridiques pluriels, Accra 10-12 Februrai 2004. - Accra : Attorney General and Ministry of Justice - ISBN 9789988829193 - p. 23 - 33.
    Legal pluralism: Scientific, political and pragmatic challenges
    Benda-Beckmann, F. von - \ 2005
    In: West African Regional conference on Legal and Judicial Reform to Promote Women's Rights in Land and Family Law Within Plural Legal Systems, Accra 10-12 Februari 2004. - Accra : Attorney General and Ministry of Justice - ISBN 9789988829193 - p. 21 - 31.
    "Nicht mehr" und " noch nicht": Umkehrungen von Tradition und Modernität auf der Suche nach der passenden Solidarität für soziale Sicherung
    Benda-Beckmann, F. von - \ 2005
    Rechtsgeschichte 6 (2005). - ISSN 1619-4993 - p. 29 - 39.
    Adat, Islam und Staat - Rechtspluralismus in Indonesien
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2005
    In: Rechtspluralismus in der Islamischen Welt: Gewohnheitsrecht zwischen Staat und Gesellschaft / Kemper, M., Reinkowski, M., Berlin-New York : De Gruyter - ISBN 9783110184556 - p. 89 - 104.
    How bleak is the picture? Towards constitutional liberties in Indonesia
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2005
    In: The reorganisation or the end of constitutional liberties? / Rösel, J., von Trotha, T., Köln : R. Köppe Verlag - ISBN 9783896454058 - p. 257 - 275.
    Mobile people, mobile law: An introduction
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Griffiths, A. - \ 2005
    In: Mobile people, mobile law: Expanding legal relations in a contracting world. / von Benda-Beckmann, F., von Benda-Beckmann, K., Griffiths, A., Aldershot : Ashgate - ISBN 9780754623861 - p. 1 - 25.
    Democracy in flux: Time, mobility and sedentarisation of law in Minangkabau, Indonesia
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2005
    In: Mobile people, mobile law: Expanding legal relations in a contracting world / von Benda-Beckmann, F., von Benda-Beckmann, K., Griffiths, A., Aldershot : Ashgate - ISBN 9780754623861 - p. 111 - 130.
    Recht und Entwicklung zwischen Forschung und Entwicklungspraxis
    Benda-Beckmann, F. von - \ 2005
    In: Recht und Entwicklung: Law and Development Saarbrücken : Verlag für Entwicklungspolitik (Entwicklungsethnologie 14) - ISBN 9783881567855 - p. 39 - 57.
    Recht und Entwicklung: Law and Development
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Heise, W. ; Schönhuth, M. - \ 2005
    Saarbrücken : Verlag für Entwicklungspolitik (Entwicklungsethnologie Jhrg. 14 (2005) H. 1+2) - ISBN 9783881567855 - 221
    recht - ontwikkelingsprogramma's - ontwikkelingshulp - ontwikkelingsprojecten - ontwikkelingslanden - law - development programmes - development aid - development projects - developing countries
    Mobile People, Mobile Law. Expanding Legal Relations in a Contracting World
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Griffiths, A. - \ 2005
    Aldershot, England : Ashgate Publishing Company (Law, justice, and power ) - ISBN 9780754623861 - 332
    rechtssystemen - recht - samenleving - cultuur - globalisering - migratie - landen - politiek - democratie - mensenrechten - waterrechten - legal systems - law - society - culture - globalization - migration - countries - politics - democracy - human rights - water rights
    The Minangkabau village republic and the state: Changing forms of indirect rule, legitimacy and power relations.
    Benda-Beckmann, F. von - \ 2004
    Legal pluralism: Scientific, political and pragmatic challenges
    Benda-Beckmann, F. von - \ 2004
    Pak Dusa's law: Thoughts on law, legal knowledge and power
    Benda-Beckmann, F. von - \ 2004
    Human rights, cultural relativism and legal pluralism: Towards a two-dimensional debate.
    Benda-Beckmann, F. von - \ 2004
    Forschen in Indonesien
    Benda-Beckmann, F. von - \ 2004
    Struggles over communal property rights and law in Minangkabau, West Sumatra
    Benda-Beckmann, F. von - \ 2004
    Halle/Saale Germany : Max Planck Institute for Social Anthropology (Working Paper 64) - 36 p.
    Zentrifugale Bewegungen in Indonesien: Konflikt, Identifikation und Recht im Vergleich
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2004
    In: Anthropologie der Konflikte. Georg Elwerts konflikttheoretische Thesen in der Diskussion Bielefeld : transcript - ISBN 9783899422719 - p. 249 - 272.
    Ambivalent identities: Decentralisation and Minangkabau political communities.
    Benda-Beckmann, F. von - \ 2004
    The contribution of anthropological scholarship
    Benda-Beckmann, F. von - \ 2004
    The Minangkabau village republic and the state: changing forms of indirect rule, legitimacy and power relations
    Benda-Beckmann, F. von - \ 2004
    The Minang way
    Benda-Beckmann, F. von - \ 2004
    An anthropological perspective on legal and institutional pluralism.
    Benda-Beckmann, F. von - \ 2004
    Who's afraid of legal pluralism?
    Benda-Beckmann, F. von - \ 2003
    In: Legal Pluralism and Unofficial Law in social, Economic and Political Development. Papers of the XIIIth International Congress, Chiang Mai, Thailand, April 7-10, 2002. - Kathmandu : ICNEC - p. 275 - 298.
    Benda-Beckmann, F. von - \ 2003
    In: Ethnologie: Einführung und Überblick Berlin : Dietrich Reimer Verlag - ISBN 9783496027577 - p. 179 - 195.
    Mysteries of capital or mystification of legal property?
    Benda-Beckmann, F. von - \ 2003
    Focaal : European Journal of Anthropology 41 (2003). - ISSN 0920-1297 - p. 187 - 191.
    Ambition, Regulation and Reality. Complex use of land and water resources in Luwu, South Sulawesi, Indonesia
    Roth, D. - \ 2003
    Wageningen University. Promotor(en): F. von Benda-Beckmann. - [S.I.] : s.n. - ISBN 9789058088789 - 338
    cum laude - regulations - law - natural resources - land use - water resources - irrigation - conflict - politics - society - indonesia - sulawesi - regelingen - recht - natuurlijke hulpbronnen - landgebruik - watervoorraden - irrigatie - conflict - politiek - samenleving - indonesië - celebes
    In this book I present three case studies of the complex regulation of use of land and water resources in Luwu. Attention to the role of legalcomplexity -the existence of different sources and definitions of normative-legal regulation in the same socio-political space - is an important conceptual point of departure of this study. Each of the three case study sections contains specific conclusions pertaining to the issues involved. The last chapter of the book (chapter 11) is primarily a reflection on the wider meaning of the forms of complexity analyzed in the case studies for processes of regulation of resource use. In an epilogue I pay attention to the complex character of broader socio-political processes in Luwu District. 

    The state-led development of irrigation systems is an important factor in the economic and societal changes in Luwu since the colonial period. The basis of these rapid and radical changes was laid by the Dutch colonial government in the thirties of last century. Two spearheads of colonial development policy in the framework of the 'Ethical Policy' were emigration (from densely populated Java to the thinly populated 'OuterIslands' of the colonial empire) and irrigation. InNorth Luwu, both were combined in programmes for colonization (resettlement of Javanese farmers on islands outside Java) and development of large irrigation systems based on civil engineering approaches.

    These colonial development plans for Luwu were suddenly interrupted by the turbulent social and political developments in the region: the Japanese occupation, the return of the colonial power after Japanese capitulation, decolonization and theDarulIslam (DI/TII) rebellion from the early fifties until 1965. In that same year the Suharto regime came to power. After 'peace and order' had been restored in an extremely violent way, large financial donors like the World Bank supported the regime by allocating large sums of development funding. 'Pembangunan' (development) became a keyword in the political ideology of Suharto's 'New Order'. From the late sixties, the old colonial development agenda was revived. In Luwu, this led to an approach combining what was now called 'transmigration' (resettlement of farmer families from Java,BaliandLombok) with the large-scale development of irrigation systems and other infrastructure. These interventions have radically changed Luwu, and not only in a negative sense. Irrigated agriculture and improved infrastructure have considerably increased the standard of living and food security of the local population of Luwu as well as of migrants.

    At the same time, transmigration and regional migration have turned Luwu into an, in many respects, very complex society in which tensions and conflicts between the local population and migrants along lines of ethnic and religious affiliation regularly lead to violence. Because of the ethnic diversity it harbours, Luwu is often called a 'TamanMini' (MiniatureGarden), in analogy with the exhibition of the material culture of the 'recognized' ethnic groups in the archipelago established by the Suharto family. Luwu society is not only complex in a legal sense but also in a socio-cultural, political-administrative sense, as I will show in the three case studies. This high degree of complexity of Luwu society also plays an important role in issues concerning the use of natural resources.

    The first case study (see chapter 3) is an analysis of the regional history of migration of farmers from highlandSouth Sulawesito lowland Luwu. This massive migration in the second half of the twentieth century has had a great impact on current land tenure inNorth Luwu. The availability of land resources in Luwu was a strong pull factor for highland migrants in search of agricultural land. The massive and uncontrolled character of this migration and settlement inNorth Luwumade these processes politically very sensitive. Differences in ethnic and religious identity between migrants and local population are, moreover, a continuous source of tension and violent conflict. A deeper explanation of the political and social sensitivity of this migration can be found in the ways in which migration is related to wider processes of socio-economic, cultural and political-administrative change in the region. In my analysis of migration I pay special attention to the emergence and growing role of a specific 'Toraja' identity among the highland population. I pose the question whether there is a relationship between the emergence of new identities and identifications in the area and migration to lowland Luwu. ThisTorajaidentity is primarily a product of Dutch colonial and missionary politics. Both in colonial administration and mission thereexistedthe wish to unite the various population groups in highland South andCentral Sulawesiadministratively into 'GreaterToraja'. This administrative unit was intended to unite all Christianized highland groups into a 'buffer' against Islam, which had been established in lowlandSulawesimany centuries ago and was seen as a threat.

    Indonesian independence did not bring these political ambitions to an end. In the fifties they even played an important role in regional politics. Its most important manifestations were attempts to establish 'GreaterToraja' (called 'TorajaRaya') as an administrative unit at the level of a province, the struggle for autonomy of the southern highlands as 'TanaTorajaDistrict' from the languishing Luwu kingdom, and a lowland-oriented expansionism referred to as 'Lebensraum' by formerTorajapoliticians. In the latter, the high potential of lowland Luwu in terms of (irrigable) agricultural land played an important role. Massive migration to the Luwu Plain was not only seen as a solution to the social problems in the densely populated and socio-politically hierarchic highlands but also as part of a political strategy oriented towards Luwu. The first ideal died in the political realities in the region in the course of the fifties. The second ideal was realized by the actual establishment ofTanaTorajaDistrict in the fifties. The expansionism oriented towards lowland Luwu manifested itself in a rapidly increasing migration toNorth Luwuand exploitation of land in this area. I conclude that there was indeed a relation between the emergence ofTorajaidentity and migration strategies to gain access to land resources in lowland Luwu.

    The second case study (see chapters 4 to 6) is an analysis of the long-term effects of intervention in land rights in the framework of thePompenganIntegrated Area Development Project (PIADP). PIADP, a bilateral Indonesian-Dutch project for rural development, was propagated as a model for integrated rural development inIndonesia. The project had started in 1980 as thePompenganImplementation Project (PIP), an irrigation project that focused on construction and paid little attention to the social aspects of development. Under the influence of the problems that arose during implementation, of changing views of 'development' and of increasing attention to the social dimensions of processes of planned change PIP changed into the 'integrated' PIADP. The core of PIADP was intervention in land tenure through a programme for redistribution of land and resettlement of farmers.

    Notwithstanding this shift towards other core activities the project basically remained an irrigation project. Problems of land use, land rights and population density were primarily seen as a threat to local management of the future irrigation infrastructure, and land reform and farmer settlement as a solution to these problems. However, the new approach also meant a shift from a technical intervention to a much more radical, complex and socially sensitive socio-legal type of intervention. PIADP was characterized by new, social objectives originating from Dutch development policy, like creating an egalitarian structure of landownership and greater security of tenure. Thus, a growing awareness of the complexities in implementing PIP had led to even much more complex solutions to the problems, tied to ever more ambitious objectives. To reach these objectives, a 'project law' was created on the basis of Dutch donor norms and priorities as well as sections of the Indonesian 1960 Basic Agrarian Law. Existing claims to land in the project area (that is: local rights built up in the past but not by definition recognized and usually not titled by the government) were inventoried and weighed in a selection procedure for PIADP. The claim holders whose claims were recognized by the project, became 'beneficiaries' of PIADP, and qualified for land and other project facilities.

    The central research questions for this part of the research are: which definition of land rights has 'won', the local one based on labour invested in and boundaries created by land clearing, or the (re)definition of land rights on the basis of PIADP project law? What was the impact of the land reform programme on land use and land rights? How do various actors cope with the situation of legal complexity? How are conflicts solved and by whom? What is the role of legal institutions? Chapter 4 contains a description of the local context of PIP and PIADP and an analysis of the emergence of new developmental ambitions and objectives for PIADP. In chapter 5 I present an analysis of the implementation of the programme of land redistribution and settlement in PIADP, mainly based on my own experiences as an adviser of the land reform and settlement programme. In chapter 6 I analyze the long-term effects of this programme on security of tenure in the former project area. The analysis shows, among others, that claimants and former 'beneficiaries' of the programme have massively returned to the pre-project claim boundaries. The definition of land rights based on pre-project claims to land prove to be much stronger and to give more security of tenure than land rights defined and recognized by the government in the framework of PIADP. Further, the analysis makes clear that the government has completely withdrawn from the problems of former PIADP. Formal state-issues land titles have no value for those who hold them. Hence, coping with the continuing tensions and conflicts caused by PIADP requires a high degree of self-regulating capacity of the actors involved in the local conflicts in various ways.

    The third case study is an analysis of the role of land and water resources inKertoraharjo,avillageofBalinesetransmigrantsin theKalaenaarea inNorth Luwu(see chapters 7 to 10). Chapter 7 describes the history of settlement in the area and development of a relatively prosperous migrant society. Specifically Balinese arrangements in the fields of religion and village administration, social security and local irrigation management exist side by side with the blueprints of government administration. The diversity of areas of origin of the Balinesetransmigrantsand the different traditional norms and values (Ind.adat) introduced by these groups made the process of unification a difficult one. Chapter 8 focuses on the role of land inKertoraharjo. I analyze the differences in access to land for three status categoriesof migrants: the initialtransmigrants, their offspring and spontaneous migrants. In addition, I analyze the growing importance of cocoa cultivation next to (and sometimes instead of) irrigated agriculture since the late eighties. In an analysis of the historical development of landownership I show how Balinese landownership has spread fromKertoraharjoacross an increasingly large area stretching out across the provincial border. The growing interest in cocoa cultivation has crucially contributed to this trend. Expansion of Balinese control over land took place wholly outside the sphere of state regulation of land tenure and recognition through titling. Finally, I pay attention to the role of some forms of access to irrigated land that play an important role in strategies of economic advancement of, especially, the offspring of initialtransmigrantsand spontaneous migrants: sharecropping and pawning of land.

    Together, chapters 9 and 10 form an analysis of local irrigation management in the tertiary units of theKalaenairrigation system in which Balinese farmers own land. The technical and organizational uniformity of state-built irrigation systems in Luwu hides a high degree of ethnic and cultural diversity of the various migrant groups. What does this field of tension between standardized arrangements for local management and local diversity mean in the case of Balinese inKalaenasystem? The Balinesetransmigrantsbrought their own traditions, knowledge and practices of local irrigation management associated with the so-calledsubak, an age-old Balinese institution for irrigated rice agriculture in the broadest sense of the term (that is:subakdoes not only refer to operational and maintenance tasks but includes irrigation technical and managerial, agronomic and religious-ritual dimensions of rice agriculture). This part of the research focused on the history of local irrigation management among Balinese in the tension field formed by technology, norms and rules, and organizational arrangements based on engineering conceptions of irrigation management in the tertiary units on the one hand, and on thesubaktradition on the other. The most important research questions were: what is the role ofsubakand water users' associations in tertiary irrigation management among Balinese farmers? How are both related in the dimensions of technology, normative regulation and organizational arrangements? To what degree and in what way haveboth changed, influenced or merged in new 'hybrid' forms of local irrigation management? What is the influence of different definitions and conceptualizations of 'irrigation management' in both approaches?

    This part of the research shows that, deeply influencing each other,subakand the complex of water users' association and tertiary unit have developed in a location-specific manner. As a formal organization,subakhas become relatively marginal under the influence of the statutory introduction of the water users' associations related to the tertiary structure of the irrigation system. However, as an institution (that is: as regularized patterns of behaviour)subakcontinues to play a crucial role. Technical, normative and organizational elements ofsubakhave emerged in the world of local irrigation management formally defined by tertiary units and water users' associations. Thus, bothsubakand WUA have become 'hybrid worlds'.

    The last chapter (chapter 11) concludes the book with a reflection on the complex society that Luwu has become and its meaning for issues of resource management. The existence of a high degree of social, legal, ethno-religious and political-administrative complexity and its impact on forms of regulation, as clearly present and visible in the three case studies of this book, make approaches to regulation of natural resource use based on instrumental views of law coupled to mechanistic views of processes of development quiteprospectless. In an epilogue I finally point to the broader socio-political dimensions of Luwu District itself as a complex society in times of rapid and radical socio-political change.
    Die Revitaliserierung in Tradition
    Benda-Beckmann, F. von - \ 2003
    In: Jahrbuch Max-Planck-Gesellshaft 3 München : Max-Planck-Gesellschaft - p. 299 - 307.
    Water, human rights and legal pluralism
    Benda-Beckmann, F. von - \ 2003
    In: Water, human rights and governance / Moench, Marcus, Dixit, Ajaya, Kathmandu, Nepal : (Water Nepal 9/10) - p. 63 - 76.
    Legal anthropology, legal pluralism and Islamic law
    Benda-Beckmann, F. von - \ 2003
    In: The dynamics of power and the rule of law / van Binsbergen, W., Hamburg/Leiden : LIT Verlag/African Studies Centre - p. 247 - 261.
    Social Design: Tank Irrigation Technology and Agrarian Transformation in Karnataka, South India
    Shah, E. - \ 2003
    Wageningen University. Promotor(en): F. von Benda-Beckmann; Linden Vincent, co-promotor(en): P.P. Mollinga. - Wageningen : Wageningen Universiteit - ISBN 9789058088277 - 297
    irrigatie - india - irrigatiewater - sociale gevolgen - sociale economie - verandering - landbouwsituatie - water - reservoirs - irrigation - india - irrigation water - social impact - socioeconomics - change - agricultural situation - water - reservoirs
    Institutions, technology and water control; water users associations and irrigation management reform in two large-scale systems in India
    Narain, V. - \ 2003
    Wageningen University. Promotor(en): F. von Benda-Beckmann; Linden Vincent, co-promotor(en): P.P. Mollinga. - Wageningen : Wageningen Universiteit - ISBN 9789058088154 - 255
    irrigatie - waterbeheer - watergebruik - instellingen - india - beleid - overheidsbeleid - associaties - irrigation - water management - water use - institutions - india - policy - government policy - associations
    Who's afraid of legal pluralism?
    Benda-Beckmann, F. von - \ 2002
    Journal of Legal Pluralism and Unofficial Law 47 (2002). - ISSN 0732-9113 - p. 37 - 82.
    Anthropology of law and the study of folk law in the Netherlands after 1950
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2002
    In: Tales from Academia: History of anthropology in the Netherlands / Vermeulen, H., Kommers, J., Saarbrucken : Verlag für Entwicklungspolitik - p. 695 - 731.
    Adat law and legal anthropology : In memoriam Johan Frederik (Hans) Holleman (18 December 1915 - 28 August 2001); with a bibliography
    Benda-Beckmann, F. von; Vermeulen, H. - \ 2002
    Journal of Legal Pluralism and Unofficial Law 33 (2002)46. - ISSN 0732-9113 - p. 103 - 114.
    Hans Holleman was the son of Frederik David Holleman (1887–1958), the renowned adat law scholar. Inspired by his father’s concern with the colonial administration of justice in the Netherlands East Indies and in his country of origin, South Africa, Hans Holleman studied Roman-Dutch law and ethnology in South Africa, and 1945 became a research fellow at the Rhodes-Livingstone Institute, Southern Rhodesia (now Zimbabwe). Between 1952 and 1962 he held further academic posts and posts in African administration in Southern Rhodesia and South Africa. In this part of his career he wrote Shona Customary Law (1952), the papers which were later collected in Issues in African Law (1974), and many other papers. In 1963 he moved to the University of Leiden, succeeding in 1969 to the chair in adat law. He retired early for health reasons in 1979, disappointed that he and his field of study had become marginal to the main interests of the university.
    Pravovoy plyuralizm i prirodnye resursy
    Benda-Beckmann, F. von - \ 2002
    In: Obychay i zakon. Issledovaniya po yuridicheskoy antropologii / Novikova, N.I., Tishkov, V.A., Moskou : Strategy Publishing House - p. 96 - 108.
    The case of legal pluralism
    Benda-Beckmann, F. von - \ 2002
    Journal of Peace Studies 9 (2002). - p. 3 - 24.
    Verfassungsrechtspluralismus in West Sumatra : Veränderungen in staatlicher und dörflicher Verfassung im Zuge der Dezentralisierung in Indonesien.
    Benda-Beckmann, F. von - \ 2002
    Verfassung und Recht in Übersee 35 (2002). - p. 494 - 512.
    Metric matters : the performance and organisation of volumetric water control in large-scale irrigation in the North Coast of Peru
    Vos, J.M.C. - \ 2002
    Wageningen University. Promotor(en): F. von Benda-Beckmann; L.F. Vincent. - S.l. : S.n. - ISBN 9789058086600 - 237
    irrigatie - bedrijfsvoering - waterbehoefte - irrigatiewater - irrigatiewater-toedieningsschema - watertoewijzing - waterverdeling - peru - irrigation - management - water requirements - irrigation water - irrigation scheduling - water allocation - water distribution - peru

    This thesis describes the organisation and performance of two large-scale irrigation systems in the North Coast of Peru. Good water management is important in this area because water is scarce and irrigated agriculture provides a livelihood to many small and middle-sized farmers. Water in the coast of Peru is considered to be badly managed, however this study shows that performance is more optimal than critics assume. Apart from the relevance in the local water management discussion, the study also addresses two internationally much debated topics in irrigation water management: irrigation management transfer (from government to water users' associations) and modernisation of infrastructure.

    Large-scale irrigation is often associated with low water use efficiencies, low control over the deliveries and low fee-recovery. Volumetric water control is one of the solutions proposed to solve these problems. The idea behind volumetric water control is to allocate and schedule precise volumes of water to meet crop water requirements, if possible on request of the water users. The user is charged per volume of water used to prevent over-use, and to raise sufficient funds to operate and maintain the irrigation system. Many authors stress the difficulties of volumetric water control. For example: on-request scheduling is too costly in large systems with many smallholders. High-tech automatic water control systems are too expensive and difficult to operate and maintain. Setting of the Irrigation Service Fee (ISF) might be too low to provide an incentive for water saving, or might be too high for poor farmers to pay.

    The study aims to achieve a better understanding of the practices in organisation and performance of volumetric water control in two large-scale irrigation systems in the North Coast. The coastal zone of Peru is extremely arid. Precipitation is near zero, except once in about 15 years when the El Niño phenomenon brings heavy rains and floods. The irrigation systems depend on the highly irregular rivers, which flow from the Andean Mountains. Main crops in the coastal areas are: sugarcane, rice and maize. Two systems were selected for a comparative study: Chancay-Lambayeque (100,000 ha) and Jequetepeque (40,000 ha). In the Chancay-Lambayeque system the users pay US$ 2 per 576 m 3scheduled to be delivered at field level. In the Jequetepeque system the farmers pay a fixed fee according to the crop allowed to grow. For example they pay US$ 60 per hectare of rice.

    The analytical framework highlights two main points: First, the irrigation infrastructure has certain properties, because different stakeholders designed and constructed parts of it in the past. These properties set certain requirements for use. For example the manually operated, undershot gates need skilled and experienced personnel to operate them well. The properties of the infrastructure also affect the water distribution in particular ways. For example a system with undershot offtakes and no check structures in the ongoing canal transports all fluctuations in the inflow to the tail-end of the canals. This affects the farmers in these areas. Second, the organisations can be regarded as 'semi-autonomous fields' where rules and regulations are transformed and local regulations are applied. Social power relations, technical properties, environmental conditions and the interests of actors influence the rules that are used, how and when. The different organisations that manage the irrigation system form a complex entity. At different levels in the system; water users' organisations, private companies and government agencies play a role in water management. This complex entity can be studied by looking at the domains of authority the organisations have, the rules they use, and the structure of decision-making and accountability between the organisations. Conflicts can reveal the rules used and the power plays involved. During one and a half year field research many key informants and water users were interviewed and a water flow measurement programme was executed.

    Chapter 2 describes the setting of the two irrigation systems: the natural resources, the long history of irrigation in the area and the present production systems. As the coast is arid and plain, waterlogging and salinity are dangers of irrigation. Irrigation began already 3000 years ago. The present main canal of the Chancay-Lambayeque system was built around AD 1000 and the irrigated area then was larger than today. After the conquest the Spaniards largely continued the management of the Incas. Only when the new settlers claimed increasingly more land for their haciendas, conflicts about water grew. State interventions in the management of the systems started early 20 thcentury. At that time the idea of volumetric water control was proposed. However, it was not until the Agrarian Reform of 1969, when the management became completely in the hands of the State, that volumetric allocation and delivery was introduced. And only with the Irrigation Management Transfer (IMT) to the Comisiones de Regantes and Juntas de Usuarios in 1992 volumetric charging was enforced. Today sugarcane and rice are cultivated in high input - high output production systems. Main problem for the small and middle-sized landowners is to obtain credit. The local rice purchasers ( molinos ) provide credit, which leads often to ever greater indebtedness of the smallholders. Execpt for the three sugarcane co-operatives the average landholding is 5 ha.

    Chapter 3 introduces the complex structure of the entities that manage the irrigation systems. Since the Irrigation Management Transfer in 1992 the Comisiones de Regantes (CRs) at the level of the secondary canals operate and maintain the secondary canals. The board of the Comisiones is elected by all water users. For the operation the board hires staff. At the level of the tertiary canals the Comités de Canal maintain (and sometimes operate) the tertiary canals. In 1994 (for Chancay-Lambayeque) and 1998 (for Jequetepeque) the Juntas de Usuarios formed private companies to take over the operation and maintenance of the main canal and reservoirs. The local irrigation offices of the Ministry of Agriculture (ATDR) retained the authority to allocate water (up to the individual plot level) and supervise the management by the water users' organisation. Besides the ATDR also the Autonomous Watershed Authorities (AACH) and the Special Project Bureaus are government organisations that have certain domains of authority in water management.

    The main difference in water use between the systems is that the water users in Jequetepeque apply on average twice as much water per hectare of the same crop compared to the users in Chancay-Lambayeque. This is not caused by the volumetric payment in Chancay, but by the difference in water availability per hectare. After the Land Reform the Chancay system was expanded to win political support with the new water users, whereas in Jequetepeque the luxurious water right position acquired by the haciendas was not changed.

    Chapter 4 describes the practices of volumetric water allocation and scheduling. The National Water Law of 1969 establishes that all water is property of the State and that the ATDR is the organisation that gives concessions for use to individual water users. The ATDR also establishes how much water each user can request maximum depending on the defined cropping zones. However, for the scheduling of water turns according to the cropping plan the ATDR depends on the Comisiones de Regantes . The Comisiones , however, generally comply with the cropping plan to avoid claims of water users for water they are entitled to. Apart from the permanent water rights ( licencia ) there are also water titles for excess water ( permiso ). This institution was already known in the pre-Inca times. It is an adaptation to the ever fluctuating river supplies. In Chancay-Lambayeque water is scheduled in ' riegos' . One riego is one hour of water delivery with 160 l/s at field level. The water users pay in advance and get the hours the next day. In Jequetepeque the turns are only scheduled at the beginning of the rice-growing season. During the remainder of the rice-growing season the water flows continuously from field to field.

    In water scarce periods, when supply is less than expected, the Junta de Usuarios together with the ATDR adjust the water allocations. In Chancay-Lambayeque all water users then get scheduled a fixed number of hours each 15 days. The number of riegos per hectare is proportionally less the bigger the landholding of the farmer. This results in plots only party planted with rice, but more often in plots completely planted, but deficiently irrigated. In Jequetepeque water scarcity comes less unexpected, because the reservoir has sufficient capacity for an irrigation season. Here certain campos (small clusters of fields) are excluded from rice growing when the reservoir is low.

    In Chapter 5 an assessment is made of the volumetric water delivery. First a framework for understanding delivery performance is given. In this framework three main factors are central: the physical infrastructure, the operators, and the water users. However, in the first place the Relative Water Supply (RWS) should be looked at. The RWS is the ratio of the delivered water and the crop water requirements. If the RWS at field level is higher than 1.5 water can be used as a substitute for control. An intensive water flow measurement programme was executed to assess the performance of the water delivery service. Water flows were measured at all levels of the canal system: from offtakes from the main canal to deliveries at field level. The Chancay-Lambayeque system with its manually operated undershot gates, few measurement structures, open and unlined canals, its irregular river supply, and complicated on-request scheduling for 22,000 water users is a 'nightmare' system. Nevertheless, the Delivery Performance Ratio (DPR) was remarkably close to 1.0 at different levels of the system, indicating that the actually delivered flows were as programmed. This together with a RWS of between 0.6 and 0.8 at field level leads to a high water productivity. The remarkably good water delivery performance was explained by the skills of the operators and the accountability of the boards of the Comisiones towards the water users. This accountability was a result of the board members wanting to win the next elections to remain in the position to make money from illegal water selling. Also radio and newspapers were used to exert pressure on the boards to perform well. In Jequetepeque the DPR was almost always above 1.0 indicating that there was more water distributed than programmed. This was explained by the fact the in Jequetepeque the RWS was about 2.

    Chapter 6 focuses on the financial conduct of the two irrigation systems. The charge for the water delivery service is set by the General Assemblies of the water users. They prioritise the expenditures of the Comisiones and therewith set the fee. The fees are recovered by the Junta de Usuarios (or its private company) and then distributed over the different organisations that manage the systems. The fee recovery was high. In Chancay-Lambayeque from 1993 to 1998 more than ninety percent of the distributed water was paid for (per volume). Users paid per riego , thus recovery was spread throughout the irrigation season. The advance payment could be enforced quite well because o social and technical control over the water. Only the sugarcane co-operatives in the head-end of the system took water without paying. A drawback of volumetric charging is that less river supply means less income for the organisations. Also in Jequetepeque the fee recovery was high. Here the farmers did not pay per volume and the recovery was harder to enforce because of abundant water availability. Therefore, the Junta collected the fees at the beginning of the irrigation season when the system was still dry but the rice farmers need to start their nurseries. By strict control over the water to only those users who had paid the fees of last year the Junta recovered the fees. The farmers could not wait with their nurseries until water would be available abundantly because a later start would mean a yield reduction due to low temperatures at the end of the season. This construction of technical, environmental and institutional elements that enforces the payment was called an 'obligatory point of passage'.

    Between 1.5 to 3.0 million dollars were collected each year in each system. This was more or less sufficient for operation and maintenance and paying taxes. The distribution of the

    Chapter 7 evaluates the functioning and effects of volumetric water allocation, scheduling, delivery and charging. It is concluded that water control in Chancay-Lambayeque is volumetric. In Jequetepeque water allocation and distribution is only volumetric to a certain extent, and charging is not related to the volume actually applied to the field. In both systems there are two important factors shaping water management. First, the history of the institutions and physical infrastructure. Despite the many abrupt changes in the institutional setting the continuities in the long history contributed to the legitimacy of the rules and the functionality of the infrastructure. Second, the contemporary institutions bring about a power balance among the various organisations involved in irrigation management. The governance of the organisation follows surprisingly strictly the National Water Law. Only some minor rules are not complied with. Rule-compliance is partly enforced by social control among 'equal' parties: e.g. farmers in the tertiary block guard their water against theft, and engineers of the Comisiones ensure they get allocated water for their Subsector according to the rules. Rules are also enforced by the governmental organisations ATDR and AACH. They judge about certain types of conflicts (on rule violation) inside the users' organisations. Punishment of rule violation is also used in political ways: a fine by the ATDR implies exclusion of the involved water user from the next election of the board of the Comisión .

    The effect of volumetric water control on productivity of water is small. It is much more the water availability per hectare that determines the productivity of water. The water in Chancay-Lambayeque is 'stretched' over a much bigger area compared with Jequeteque making water more productive per volume of water applied. The volumetric charging affected livelihoods of poor farmers because it was difficult for them to find the money to pay the water turns when the crops required water. However, as the production system is high input - high output, the farmers invest much money anyway and the water fee is only 5 to 10 percent of the total input costs. The payment per volume made the board and staff of the Comisiones somewhat more accountable in water delivery to the water users.

    It is concluded in Chapter 8 that the power balance between the water users, different water users' organisations, private company and different public agencies shaped a well functioning entity. The general governance regulations were complied with, but locally rules on allocation, scheduling, maintenance and fee setting were refined and negotiated. It was also concluded that the analytical framework and research methods used in the comparative study were useful in revealing the complex nature of the irrigation management.

    Stacked law : land, property and conflict in Honduras
    Roquas, E. - \ 2002
    Wageningen University. Promotor(en): F. von Benda-Beckmann. - Amsterdam : Rozenberg - ISBN 9789051705829 - 263
    agrarisch recht - boerengezinnen - vrouwen - man-vrouwrelaties - conflict - overerving van eigendom - gewoonterecht - honduras - eigendomsrechten - grondrechten - rechterlijke organisatie - agricultural law - farm families - women - gender relations - conflict - inheritance of property - customary law - honduras - property rights - land rights - judicial organization

    Property conflicts have an enormous impact on relations between the members of farm households and their families. Given the long duration, frequency and intensity of these conflicts an investigation of how they arise and how they affect the daily lives of, and relationships between, landholders is certainly warranted. Conflicts over land visibly manifest themselves in destroyed fences, stolen crops, poisoned dogs, horses that are set free, bloody machetazos, hails of stones between children and murder. But there are also less visible symptoms of potential conflicts over property. Inside the walls of the farm household, hidden from public view, people discuss the consequences of migration or education on inheritance rights; they mull over the advantages and disadvantages of a land sale; they argue about the division of labour and they silently develop strategies to control income or products. These discussions and strategies generate and express conflicting views on how property rights should be distributed and who is entitled to obtain a particular right to property.

    Through detailed studies of land conflicts in the Santa Bárbara district, the ambiguities of the legal framework, and practices in the court of justice, this book explores the question: What is it about law and norms that enables them to generate conflicts about property rights to land? Land rights do not by definition consist of legally recognised full ownership, hence instead, we research who claims to have what right to the land. The book is an effort to test the usefulness of the notion of 'stacked laws and norms' for a better understanding of the constellation of land rights and the emergence of conflicts.

    Law experts and policymakers in Honduras tend to start from a 'law is reality' point of view, i.e. the goals of the law are achieved in practice by implementing the law. Starting from this perspective means that they find it difficult to deal with the unintended outcomes of the law, which they usually attribute to the law not being enforced, people having the wrong mentality or old-fashioned, customary practices. In the eyes of law experts and policymakers, property rights to land are an apparent 'disorder', a 'disorder' that plays an important role in the emergence of conflicts that has to be solved by implementing new laws.

    I used the notion of stacked laws and norms to visualise the processes that create the apparent 'disorder' of land rights. This book has described three processes of law and norms stacking in property rights arrangements: in state law, in practices of land rights transfer from the state to landholders, and in inheritance practices. Firstly, state law stipulations regarding land rights are not consistent or coherent, and its meaning confuses landholders, but also lawyers, judges, and policymakers. Agrarian laws have continuously been changed, replaced, amended and re-amended, which creates ambiguity in their message and makes it unlikely that the meaning and practical implications of these changes have been clearly passed on to the involved people and agencies. Moreover, the relationship between Civil Code and agrarian law notions of property is ambiguous. Agrarian law stipulations incorporate Civil Code constructions as possession, occupation or adverse acquisition. There is no unanimous stand among law experts and policymakers about the validity of Civil Code property notions versus agrarian law stipulations in Honduras.

    The process of stacking in state law becomes more clear by looking at practices of land rights transfer practices between the state and landholders in the village of El Zapote. The actual laws and legal articles are only one side of state regulation; the other side is that state agencies and officials interpret the law and create implementation rules during state interventions. Hence, metaphorically speaking, on top of the stacked legal regulations, they stack their own interpretations of the rules, which are adapted to the specific situation. Landholders, on the other side of the spectrum, interpret and adapt the parts of the law that they know or come in touch with, and they add their own norms to it as well. The different norms in the complex of stacked norms and laws do not completely merge and they do not become clearly demarcated hybrids. The renewed complexes of norms consist of the different elements that have been added in time and that can be distinguished and used by the involved landholders, national state agents and the municipality, or that may also be forgotten and disappear in the end. It is thus not a static situation; the process of stacking is continuous and will change the constellation of the complex.

    With regard to inheritance, the book shows that people are actively involved in making, changing and adding new norms through their dialogues and endeavours, while striving for certain goals at certain moments. The result is a complex of stacked norms, different elements of which the actors in inheritance practices (landholding parentsandtheir offspring) use in their strategies to obtain what they want. They are aware of the existence of different norms and they seek to legitimise the norm that best suits their own aims. The whole process of stacking inheritance norms contrasts with stacking in reference to land rights, in which people do not deliberately try to develop new norms.

    By using the notion of stacked laws and norms for describing norms about property and the land rights derived from it, I am able to describe the historical changes of these norms better. By deconstructing the empirical process of the stacking of norms as regard property rights to land, it has become clear that land rights arrangements are not 'customary', referring to a separate legal system that has developed in opposition to, and disconnected from, state law. It has taught us that landholders' notions of property coincide with civil code concepts of ownership and possession and that the rights that others consider as local or customary are derivatives of old Civil Code property concepts.

    'Stacking' in this book is not just a notion to explore an empirical situation of disorder. Its main value as an analytical concept is that it clarifies how 'plurality' of norms come into being, as well as the structure of this plurality and the elements it consists of. In the complex of laws and norms, divergent legal concepts and interpretations and re-interpretations of these concepts are assembled and serve as a basis for rights and claims to land, whereby in time, new elements and interpretations are continuously added to the complex while other elements disappear from it. Sometimes one element is more important, and sometimes another. Furthermore, the notion of 'stacking' makes clear that the constellation of norms surrounding land rights is constantly changing; it is a never-ending process. This process does not create a disordered pluralism, an untidy and random heap of norms without any sense or logic, but it leads to a certain stacked structure in which the separate elements have not merged into a kind of fluid constellation. Its stacked character implies that social actors may be able to recognise the different elements and to use them for their own purposes. They distinguish between different elements and exchange them, reinterpret them or discard them.

    State interventions in El Zapote have affected landholders' ability to maintain the idea that local property concepts are 'law'. Landholders have learnt from the clashes between their own norms and those of the state that the force of their own stacked constellation of property norms is limited. Although legitimate in their eyes, their own norms lacked validity vis-à-vis the state. The difference in how the state and landholders define property rights has distorted their relationship. The state itself, as the institution that defines and protects private property through its laws and legal system, has become an actor in land conflicts. Civil Code property notions are losing strength; the legitimacy of local property concepts has been seriously undermined and landholders have thus become even more insecure about their property rights.

    Recreating the nagari : decentralisation in West Sumatra
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2001
    Halle : MPI for Social Anthropology (Working Paper 31) - 45 p.
    On the reproduction of law : micro and macro in the time-space geography of law
    Benda-Beckmann, F. von - \ 2001
    In: Begegnung und Konflikt - Eine kulturanthropologische Bestandsaufnahme / Fikentscher, W., - p. 119 - 131.
    The social and legal aspects of forest management
    Nkwi, P.N. ; Benda-Beckmann, F. von; Berg, J. van den; Geschiere, P. ; Nkoumbele, F. ; Tiayon, F.F. - \ 2001
    In: Seminar proceedings Sustainable management of African rain forests. Part II: Symposium : Sustainable management of African rain forests, Kribi, Cameroon, 1999 / W.B.J. Jonkers, B. Foahom, P. Schmidt (eds.). - Wageningen : The Tropenbos Foundation, 2001 - p. 132 - 149.
    Actualising history for binding the future: Decentralisation in Minangkabau
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2001
    In: Resonances and Dissonances in Development: Actors, networks and cultural repertoires / Hebinck, P., Verschoor, G., Assen : Van Gorcum - ISBN 9789023237846 - p. 33 - 47.
    Property rights pluralism and development
    Benda-Beckmann, F. von - \ 2001
    Tai culture : international review on Tai cultural studies VI (2001)1 & 2. - ISSN 1431-1240 - p. 63 - 80.
    State, Religion and Legal Pluralism: Changing Constellations in West Sumatra (Minangkabau) and Comparative Issues.
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2001
    Halle/Saale, Germany : Max Planck Institute for Social Anthropology (Working Papers 19) - 22
    Legal pluralism and social justice in economic and political development
    Benda-Beckmann, F. von - \ 2001
    IDS Bulletin-Institute of Development Studies 32 (2001)1. - ISSN 0265-5012 - p. 46 - 56.
    Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a highly political matter, since law determines rights over people and over economic resources - land, forest, water and minerals. The experience of colonialism showed how state law could be used to deprive people of their land rights. Private property law during the European experience of industrialisation was used to justify exploitation of labour and relationships of social and economic inequality. On the other hand, one should not romanticise local or customary laws which may equally enforce the interests of oppressive local élites. The merit of the legal pluralism approach is, however, that it forces us to concentrate on the empirical reality behind slogans about the 'rule of law'; we should always ask, what is the actual effect of a particular normative order - whether state or non-state, public or private - on people's rights over essential resources and on their 'access to justice', in the true sense.
    Between free riders and free raiders: Property rights and soil degradation in context
    Benda-Beckmann, F. von - \ 2001
    In: Economic policy analysis and sustainable land use: Recent advances in quantitative analysis for developing countries. / Heerink, N., van Keulen, H., Kuiper, M., Heidelberg-New York : Physica-Verlag - p. 293 - 316.
    Jaminan Sosial, sumber Daya Alam dan Kompleksitas Hukum
    Benda-Beckmann, F. von; Benda-Beckmann, K. von - \ 2001
    In: Sumber Daya Alam dan Jaminan Sosial / von Benda-Beckmann, F., von Benda-Beckmann, K., Koning, J., Yogyakarta, Indonesia : Pustaka Pelajar - ISBN 9789799483621 - p. 23 - 61.
    Jaminan Sosial dan Manajemen Sumberdaya Alam: Refleksi Kompleksitas Normatif di Indonesia
    Benda-Beckmann, F. von; Benda-Beckmann, K. von; Koning, J. - \ 2001
    In: Sumber Daya Alam dan Jaminan Sosial / von Benda-Beckmann, F., von Benda-Beckmann, K., Koning, J., Yogyakarta, Indonesia : Pustaka Pelajar - ISBN 9789799483621 - p. 3 - 21.
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