Law and Disorder: Local Implementation of Mongolia's Land Law

With the dismantling of herding collectives in Mongolia in 1992, formal regulatory institutions for allocating pasture vanished, and weakened customary institutions were unable effectively to fill the void. Increasing poverty and wealth differentiation in the herding sector, a wave of urban–rural migration, and the lack of formal or strong informal regulation led to a downward spiral of unsustainable grazing practices. In 1994, Mongolia's parliament passed the Land Law, which authorized land possession contracts (leases) over pastoral resources such as campsites and pastures. Implementation of leasing provisions began in 1998. This article examines the implications of the Law's implementation at the local level, based on interviews with herders and officials in all levels of government, and a resurvey of herding households. Amongst many findings, the research shows that poorer herders were largely overlooked in the allocation of campsite leases; that the poor had become more mobile and the wealthy more sedentary; that there had been a sharp decline in trespassing following lease implementation, but that many herders and officials expected pasture leasing to lead to increased conflict over pastures. The Land Law provides broad regulatory latitude and flexibility to local authorities, but the Law's lack of clarity and poor understanding of its provisions by herders and local officials limit its utility. The existing legal framework and local attitudes stand in clear opposition to the implied goal of land registration and titling — an all‐embracing land market and the supremacy of private property rights.     

国家法与习惯法的扞格:以《天柱文书》中的侗族离婚诉讼案为例

在古代社会,国家法对少数民族偏远地区的影响常因地理环境的制约而相对薄弱。地方秩序的维护多依赖于地方习惯法。近代以后,国家力量逐渐加强了其对偏远地区的影响力,国家法也逐步变成民众处理社会问题的另一种途径。但在国家法进入地方法控制区的时候,就不免会出现适应问题,特别是当国家法与地方法存在分歧的内容时,民众如何抉择值得关注。民国贵州天柱县的一起侗族离婚案,充分地展现了国家法和习惯法扞格的情况。由于当地侗族习惯法占有优势,使得国家法的解决途径最终未能成功。本文拟以此案为例,展现民国时代社会变迁的一个缩影。     

Law and Famine: Learning from the Hunger Courts in South Sudan

Activists and scholars are seeking to end famine by promoting international legal accountability for starvation. This article deepens our understanding of the relationship between the politics of famine and law by observing the ongoing prevalence and power of legal norms and institutions during times of famine. It reveals the widespread use of hunger courts in famine-prone South Sudan and their role in legally enforcing social networks that provide for the most vulnerable. Based on analysis of country-wide survey data from 2018 and 2019, qualitative interviews from 2019‒22 and in-depth ethnographic observations of hunger courts in one chiefdom in South Sudan during a period of famine-level hunger in 2018 and 2019, the article argues that hunger courts have played a key role in enforcing social networks. These courts have also supported continuity of chiefs’ authority despite crisis. The article concludes by addressing two issues: whether law is necessarily emancipatory in times of famine, and whether legal norms have shifted responsibility for hunger away from the political economies and conflicts that cause famine, instead placing blame and shame on the families of the most vulnerable.     

Law and the peasant: rural society and justice in Carolingian Italy

Comparative analysis of the most important Carolingian‐period Italian placiti dealing with the defence of freedom allows us to reconstruct the approach taken by various large monasteries as they attempted to transform their landholding into coercive power over people, by converting dependent freemen into slaves. Similarly, it reveals the strenuous defence mounted by the freemen who were thus threatened, who were clearly perfectly aware that a downgrading of their legal status would be far more serious for them than an economic downgrading. It also permits an analysis of placiti as sites for the representation of public power, in which the ideological model of the king as ‘protector of the weak’ was often scuppered by the ability of many potentes to use for their own advantage either the presence of royal officials, or those very legal processes which were supposed to guarantee protection of the pauperes.     

Marriage and the Law: Politics and Theology in Measure for Measure

Abstract

In Measure for Measure, Shakespeare portrays a clearly political problem: a city whose citizens are so unable to govern themselves that only the most severe legal punishments appear capable of restoring civic order. Yet the play's conclusion, for all its dramatic fireworks, does not obviously resolve this problem. All that happens, it appears, is that everyone gets married. Understanding marriage's political significance, therefore, is key to unraveling the play's political teaching. By carefully framing marriage within Pauline language of sin and grace—and in particular by using the image of death and rebirth through baptism—Shakespeare offers a theological as well as a political image of a kind of self-government capable of easing the city's legal dilemmas and reconciling justice with mercy.