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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    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.
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