法老时代埃及土地私有化现象研究

纵观古代埃及历史发展进程,国家始终拥有土地的所有权,而国王就是土地的所有者。尽管法老时代埃及私有化进程相对迟缓,但是在土地占有形式上仍然发生着变化。土地的私有化进程发端于国王的馈赠,并通过土地买卖和继承而不断深化和加快。古王国和中王国时期,祭田成为埃及个人土地占有的基本形式。而到了新王国时期,士兵的屯田成为古代埃及个人土地占有的主要形式。无论是土地的买卖、租赁、继承、转让,以及由此而来的土地纠纷,都是基于土地的私有化。土地的登记制度则揭示了国家对私有土地的承认,而相关土地法规的制定则基于国家对私有财产,特别是小块地产的保护。     

黑劳士是奴隶抑或农奴

黑劳士是奴隶抑或农奴廖学盛在关于奴隶占有制社会的历史地位的争论中,如何区分奴隶与农奴问题占有重要地位。而在判别奴隶与农奴的异同的过程中,怎样看待古代斯巴达的黑劳士的等级阶级属性,是一个长期受人关注的问题。笔者认为,斯巴达的黑劳士是古代希腊罗马广泛存在...     

斯巴达“监察官”与政治分权

深刻认识古代斯巴达的"监察官"历史价值必须要有新的视角。古典时期斯巴达的监察官主要代表了平民的利益,它的职权以监督、司法权为主,行政、宗教、军事和立法等权力为辅。监察官的建立推进了斯巴达的政治分权,增加了斯巴达政治的民主成分。     

秦汉“名田宅制”说——从张家山汉简看战国秦汉的土地制度

本文以张家山汉简《二年律令》为中心考察战国秦汉时期的土地制度形态——以爵位名田宅制。这套制度在商鞅变法时确立,并作为基本的土地制度为其后的秦帝国和西汉王朝所继承。它的基本内容是:以爵位划分占有田宅的标准,以户为单位名有田宅,田宅可以有条件地继承、转让和买卖。国家通过爵位减级继承制控制田宅长期积聚在少部分人手中,并使手中不断有收回的土地,它和罚没田宅以及户绝田宅一起构成国家授田宅的来源。文帝以后由于国家不再为土地占有立限,使这套制度名存实亡,“名田制”仅仅作为土地登记的手段而存在。名田宅制的厘清,不仅使长期困扰学界的诸多问题得以解决,而且也向已往的历史认识提出挑战。     

古代斯巴达的公民大会

公民大会是古代斯巴达重要的权力机构。在不同的历史时段,公民大会所拥有的权力与地位并不完全一样。大体上,斯巴达国家建立伊始,斯巴达公民大会已经产生。但直到公元前7世纪初,它一直是贵族统治的装饰物。在这之后,公民大会在斯巴达政治生活中发挥了重要作用。它与监察官一道构成古典时期斯巴达立法机制的核心,使得斯巴达政制成为特殊的民主政治。自公元前4世纪初,斯巴达公民大会逐步失去了政治意义,至公元前3世纪,完全退出了斯巴达政治舞台。     

鱼鳞图册研究概述

鱼鳞图册是中国封建社会后期官府编造以作为赋课租税的地籍清册,图册以旧地为主,顺次编号,所含信息包括地形、四至、田土形态、面积、科则(等级)和业主姓名等要素,有时兼列佃户姓名。它是明清土地制度中的一项基本制度,是研究当时乃至以后土地制度发展演变历史(诸如土地占有情况、土地租佃关系、社会经济结构等)、中国乡村社会变迁历史乃至中国近现代社会经济史弥足珍贵的原始资料。     

斯巴达“军国主义化”反思

西方学术史上存在一种颇有影响的观点,认为古代斯巴达是军国主义国家或具有强烈军国主义色彩的国家。这种观点出现于公元前4世纪的古代希腊,一直延续到现在。但客观而言,西方学者在这一问题上存在不同程度的理论和史料运用错误。判断一个国家是否是军国主义国家必须综合考虑其制度与政策、内政与外交。依照这些标准,公元前5世纪中期之前,斯巴达并不是军国主义国家,斯巴达的军国主义化开始于公元前5世纪60年代,形成于公元前5世纪30年代。但是,古代斯巴达没有建立起极权主义的国家体制,也没发展成为现代意义上的典型的军国主义国家。     

军事教育与斯巴达的阿高盖制度

教育是古代斯巴达文化形象的基础.一般认为,斯巴达教育是国家控制之下的军事化教育.其实,这个观点并没有真实反映古代斯巴达教育史的整体.古风时代,斯巴达教育与希腊世界其他城邦的教育并没有本质的区别;到公元前5世纪中期,由于兵源紧张、战争危险加剧在教育过程中加强了军事化内容;公元前4世纪后期,充当雇佣军成为斯巴达公民重要的谋生手段,军事训练在教育活动中的地位更加突出.但是,我们所了解的国家化的、军事化的教育模式,产生于公元前3世纪后期斯巴达发生的改革运动中.     

斯巴达奥巴铭文译注

作为古代斯巴达社会组织形式之一的奥巴见于古风时代斯巴达之重要文献"大瑞特剌".但相关希腊文传世文献颇为晚出,于其具体情形语焉不详.然而于拉格尼亚地区之铭文材料中颇可见奥巴一词,抑或其方言表达形式.此种铭文包括嘉许令、球戏铭文及圣法三类,共计19则.上述铭文固然亦多属希腊化时代晚期及其后的时代,但可据以厘清晚出传世文献所记奥巴情况之时代属性,若与传世文献相参证,对于认识希腊化时代晚期及罗马统治时期奥巴在斯巴达之历史实情亦颇有助益.     

古典斯巴达政治制度中的民主因素

在古代和现代学者的著述中,斯巴达政体一般被视为寡头政治的代表。本文试图发掘斯巴达政治生活中的民主特征,指出作为城邦的斯巴达,政治生活中具有相当浓厚的民主色彩。虽然从法律上看,长老会和国王拥有相当的权威,可是在实际的政治生活中,他们的地位并不显赫。监察官对国王形成了有效监督,公民大会在选举、宣战、媾和等重要问题上享有决定权。斯巴达人仍能够区别对待自己作为士兵和公民的身份。斯巴达政体200年来的稳定,也反映了公民对自己的地位相对满意。     

Land Tenure Insecurity and Inequality in Nicaragua

This article uses empirical data from a case study in rural Nicaragua to demonstrate the need for a conceptualization of tenure security as seen from the perspective of the landholder. A large group of farmers in the case study area perceive their tenure situation as being insecure despite the fact that they possess a legal title to their land. The article argues that more attention must be paid to aspects such as inequalities of wealth and power, lack of enforcement and lack of impartiality on the part of the formal institutions when addressing tenure security in an institutionally unstable setting, such as that found in Nicaragua. The article contributes to the ongoing discussion by arguing that future research on how to increase rural land tenure security should explore the concept of tenure security as experienced by farmers.     

Land in Kwara'ae and development in Solomon Islands

This paper documents land tenure and the effects of economic development in Kwara'ae on the island of Malaita. It uses local histories to confirm the essential flexibility of a system of cognatic inheritance, based on social and economic values which contradict the more exclusive unilineal emphasis preferred and promoted by government land and development policy in Solomon Islands. In considering the resulting problem of land disputes, the paper questions the value of reforms which undermine the tradition of communal control of natural resources.     

EXPLORING THE CONNECTIONS: LAND TENURE, SOCIAL IDENTITIES, AND AGROBIODIVERSITY PRACTICES IN GHANA

This article employs qualitative and quantitative evidence from primary social research in Ghana to examine the link between land tenure security and social identities (of wealth/income and gender), and how they condition farmers' investments in practices that contribute to the rehabilitation of tree biodiversity (agrobiodiversity). Statistical analyses of the significance of the effects of farmers' de jure land tenure security regimes, and income and gender on agrobiodiversity practices were inconclusive. The conventional causation link between investments and more secure formal land tenure rights, for instance, was confirmed in investments in four out of eight agrobiodiversity practices. Testimonial-based evidence of farmers provided a clearer concept of land tenure security and an explanatory framework about the interacting and complex effects of income and gender on land tenure security. The theoretical and empirical argument developed from these testimonies portrays land tenure as embodying negotiated social processes, influenced by gender and income of individuals, whereby breadth of land rights, duration of rights over land, and assurance of rights are established, sustained, enhanced or changed through a variety of strategies to shape tenure security. These processes – tenure building and renewal processes – are critical because all farmers have lingering anxiety about land tenure rights, even among farmers with more secure formal rights. Investments are made in agrobiodiversity practices as a strategy to strengthen land tenure security and thereby minimize anxiety, leading to reverse causation effects between land tenure, social identities, and investments.     

Land Tenure, Archaeology, and the Ancestral Pueblo Social Landscape

Archaeology relies upon evidence of past human modification of the natural landscape in order to infer past human social dynamics on the site, local, and regional levels. Given the inferential linkages between past landscape use and social relationships, archaeology can benefit from an approach that more explicitly delineates relationships between systems of land use and land tenure, the social means through which people define and assert land use rights. This research outlines a set of methods for modeling prehistoric land tenure systems and developing a middle range theory of land tenure relationships that may assist archaeologists in their investigations of prehistoric resource access systems. Land tenure systems are complex risk-buffering strategies that are conditioned by the labor invested in food production, the size of groups holding direct access to productive lands and resources, and the temporal duration of land access rights. The role of these variables is supported by cross-cultural data from a worldwide sample of food-producing societies. The land tenure model is applied to data from the prehistoric Southwest to help explain local and regional changes in food production, settlement size, and community organization in southwest Colorado between 900 and 1300 A.D.     

Borrowing of Land,Security of Tenure and Sustainable Land Use in Burkina Faso

Lack of formal security of land tenure is often cited as a constraint for participatory land management programmes which try to motivate African farmers to grow trees and to realize other improvements in their fields in order to control soil erosion. According to this approach, the borrowing of land would represent an insecure form of land tenure hindering sustainable land use. However, on the basis of a case study in Burkina Faso, this article demonstrates that this is not necessarily so: borrowing arrangements may play a part in avoiding local overload of the carrying capacity and in an efficient distribution of village lands among the farming units. Furthermore, borrowing does not hinder some major intensification techniques of land use which are currently being applied in Burkina Faso. Legal interventions which aim to increase security of tenure and to create favourable conditions for sustainable land use may in fact have the opposite effect.     

Land tenure and rancho expansion in Alta California, 1784–1846

Popular writers and historians have viewed the rancho as a symbol of the halcyon days of hispanic California and often have overlooked the role of rancho land grants in changing the land tenure system of Alta California during Mexican occupance. This paper views the rancho as an integral part of a land tenure system under which considerable land was granted and examines the patterns of rancho land grants to 1846. The majority of rancho grants were less than six years old at the end of Mexican rule, but they were instrumental in introducing a new land tenure system which imposed a distinct order and design on the Alta California landscape. The land policies of Mexico have been strikingly persistent; rancho boundaries still constitute a prominent part of the modern landscape of California. As a settlement institution, the rancho was more than boundaries delimiting ownership of land, it was the primary means by which resources were distributed, organized and exploited. While the granting of land in Alta California was a distinctive practice, an investigation of how this land system came about and its impact on the land adds to our understanding of tenure practices in general and in particular provides insights into the way in which cultural and economic values are impressed on the land through land ordinances.     

Defusing Land Disputes? The Politics of Land Certification and Dispute Resolution in Burundi

There is a growing interest in localized land registration, in which user rights are acknowledged and recorded through a community-based procedure, as an alternative to centralized titling to promote secure tenure in sub-Saharan Africa. Localized land registration is expected to reduce land disputes, yet it remains unclear how it impacts disputes in practice. This is an urgent question for war-affected settings that experience sensitive land disputes. This article discusses findings from ethnographic fieldwork in Burundi on pilot projects for land certification. It identifies three ways in which certification feeds into land conflicts rather than preventing or resolving them. First, land certification represents a chance for local people to enter a new round of claim making, as those ignored or disenfranchised in earlier rounds see new opportunities. Second, it offers an avenue for institutional competition between different land-governing institutions. Third, certification provides politicians with openings to interfere in tenure relations and to expand their support base. The authors conclude that these problems are not simply a matter of inadequate policy design. Rather, there are crucial political dimensions to land conflicts and land tenure in Burundi, which means that land registration programmes run the risk of inflaming conflictive property relations in rural communities.     

Post‐Conflict Ambon: Forced Migration and the Ethno‐Territorial Effects of Customary Tenure

In post‐conflict contexts characterized by large‐scale migration and increasing levels of legal pluralism, customary land tenure risks being deployed as a tool of ethno‐territorialization in which displaced communities are denied return and secure land rights. This thesis will be illustrated through a case study of the Indonesian island of Ambon where a recognition of customary tenure — also called adat — was initiated in 2005 at the end of a high‐intensity conflict between Christians and Muslims. Although a system of land tenure providing multiple forms of social security for the indigenous in‐group, adat in Ambon also constitutes an arena of power in which populations considered as non‐indigenous to a fixed historical territory are pushed into an inferior legal position. The legal registration of customary tenure therefore tends to be deployed to settle long‐standing land contests with a growing migrant community, hereby legally enforcing some of the forced expulsions that were brought about by the recent communal violence.     

The Discourse that Silences: Beneficiaries' Ambivalence Towards Redistributive Land Reform in the Philippines

This article argues that the persistence of non-capitalist dimensions within land relations in the Philippines is basic to rural livelihood strategies, and has been a major but widely-neglected factor in the failure of land reform programmes. Addressing the issue of non-capitalist relationships brings into focus the indigenous or ‘customary’ land tenure relationships that exist in lowland land tenure arrangements, with the result that the conventional dichotomy between lowland and upland ‘cultural minority’ land relations becomes spurious. The article offers some suggestions as to why, for the major part of this century, the indigenous norms of lowlanders have been overlooked, with a discussion which links up to issues of national identity and nation building.     

Property Rights and the Environment in Pastoral China: Evidence from the Field

It is widely perceived that the degradation of China’s rangelands has accelerated since the introduction of rural reforms in the late 1970s. The popular explanation for this phenomenon has been that a ‘tragedy of the commons’ exists, as privately‐owned livestock are being grazed on ‘common’ land. Since the passing of the Rangeland Law in 1985, Chinese pastoral tenure policy has emphasized the establishment of individual household tenure as a necessary condition for improving incentives for sustainable rangeland management. Yet household tenure has yet to be effectively established in many pastoral regions. The first objective of this article is to describe pastoral tenure arrangements in northern Xinjiang‐Uygur Autonomous Region. Its second objective is to explain pastoral tenure arrangements, particularly the observed persistence of collective action. It is argued that there is no ‘tragedy of the commons’ and that it is characteristics of rangeland resources and the social environment that give rise to the particular types of institutional arrangements found.