Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

Women's Property,Women's Agency in China's ‘New Enclosure Movement’: Evidence from Zhejiang

Who gets what, why and how, when Chinese villagers' land is enclosed? Focusing specifically on changes in women's property rights and drawing on data from Zhejiang province, this article shows that state, village and household institutions interact to produce significant gender disparities in both the compensation paid to expropriated villagers and the registration of ownership of household assets. Yet it would be incorrect to conclude that, dispossessed, women thereby lack agency. Analysis of women's responses to expropriation suggests that by selectively deploying laws, rules and norms in different settings, women are influencing not only compensation distribution, but also the terms under which the state compensates villagers for their expropriation and the gender relations in which property is embedded.     

Gender Inequality in Asset Ownership in Latin America: Female Owners vs Household Heads

Most studies that incorporate a gender dimension into the study of poverty or other development outcomes focus on the sex of the household head. This article argues that a headship analysis gives only a partial view of gender inequality since it does not take into account the position of women within male‐headed households. Drawing primarily on the Living Standard Measurement Studies for Latin America and the Caribbean, the authors present baseline indicators of the degree of gender inequality in asset ownership for the eleven countries in the region that have collected individual‐level data on asset ownership. Disaggregated data on asset ownership within households suggest that the distribution of property by gender is more equitable than a headship analysis alone would imply. But the degree of gender inequality also varies according to the specific asset and among countries. Further comparative work on asset ownership requires attention to the marital regimes governing property rights in marriage. Finally, the authors suggest how household surveys could be improved by standardizing the collection of individual‐level asset data across countries.     

Outward Appearance of Children in Medieval Muslim Legal Texts: Modesty,Adornment and Gender

This article focuses on some aspects of boys' and girls' outward appearance in pre-modern Muslim societies according to medieval legal sources. These compendiums are analysed as the product of a continuing, two-way dialogue between law and reality, and as reflecting the desired norms side by side with existing customs. They were not created in a vacuum but are anchored in a local, socio-economic, cultural and political reality. Muslim jurists followed the physical and psychological changes of children, classified them, and concluded that these changes will be followed by changes in their outward appearance. They have constructed children's appropriate outward appearance according to age, gender distinctions, norms of modesty and manners of adornment. A careful examination of this legal discussion presents a case study of pre-modern traditional societies in which components of outward appearance reflect and construct at the same time norms of modesty, means of adornment and gendered socialisation of children's outward appearance.     

The Construction of Gender in Modern Chinese Law: Discrepant Gender Meanings in the Republican Civil Code

This article examines the intersection of law, gender, and modernity during the transitional Republican era (1912–49). It approaches the topic through a critical reading of the Republican Civil Code of 1929–30, and related commentary on the code by Chinese legal experts. By analyzing the gender assumptions embodied in several newly emergent categories of legal regulation, including legal personhood, minimum marriage age, consent, domicile, surnames, marital property, and child custody, the article’s line of questioning reveals how gender meanings helped to shape modern concepts like universality, equality, and freedom. The findings illustrate the ways in which Republican civil law broke with late imperial legal and gender norms tied to Confucian patrilineal ideology and in addition established new legal and gender meanings that helped to consolidate Chinese politics on a republican basis and to reconfigure modern gender difference on a conjugal basis.     

Young women and public leisure spaces in contemporary Beijing: recreating (with) gender,tradition, and place

Feminist geographers and leisure scholars have long argued that one critical way to understand gendered norms and expectations is through examining women's access to and experiences of leisure activities. Set in the context of the rapid economic, political, and social changes that have taken place in Beijing over the past half century, this article draws on in-depth interviews and extensive participant observation to explore the role of newly available public leisure spaces in the lives and leisure of young women in Beijing, in particular by examining the way that these spaces provide an opportunity for the negotiation of new gender norms and identities. Through an analysis of the interaction of gender norms and practices with women's use of and behavior in public leisure spaces, we argue that women's behavior in public leisure spaces in contemporary Beijing remains strongly circumscribed by gendered norms. Rather than their presence itself constituting a challenge to gender expectations, in many cases their leisure behavior and experiences serve to reinforce the social norms that masculinize public leisure spaces. In spite of this, however, the findings of this research suggest that public leisure spaces may, in some cases, provide women with a place from which to challenge gender norms.     

‘Whose name's on the awning?’ Gender,entrepreneurship and the American diner

While, in recent years, women-owned businesses have become increasingly common, entrepreneurship itself remains a deeply gendered institution, and one that is constructed through everyday practice rooted in space and place. The purpose of the present study is to explore the woman-owned diner as a distinct environment in and through which configurations of gender and entrepreneurship are mutually constituted, socially enacted, and spatially defined. Drawing upon a case study of a present-day diner in Worcester, Massachusetts, I trace the life narratives of two working-class women through their emergence as entrepreneurs in the diner industry. I reflect upon the distinctive space of the woman-owned diner as it is produced through the interaction between the gendered body-subjects of women owners, the social meaning of ‘feeding work’, and the spatial character of the diner institution. Through the gendered social practice of diner ownership, these two women have overcome substantial social, economic and geographic obstacles to their independence and worked to bridge the divide between the value of public and private work. Building on existing scholarship in the field, this study demonstrates the potential for women's agency through everyday practice as business owners, to create new spaces and alternative means of practicing both gender and entrepreneurship.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

Place in legal geography: Agency and application in agriculture research

Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision-making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.     

Overlooked Husbands: The Paradox of Unfree Marriage in the Carolingian World

Unfree people in the Roman world could not legally marry, while they could in the Middle Ages. This paper explores the marriage of the unfree in the Carolingian empire (750–900 CE), a society with an intense moral concern about marriage. Carolingian churchmen wrote extensively about marriage, using a strongly gendered discourse focusing on how men should approach marriage and behave as husbands. However, these moral and legal texts rarely discussed unfree marriage, even though the practice was common. It is argued that this silence reflects the persistence of late antique class-based gender models, in which masculinity was reserved for married property holders. Although legal prohibitions on unfree marriages had ended, Carolingian moralists continued to be influenced by patristic assumptions that these were not valid relationships. These assumptions, combined with Frankish social practices that largely excluded unfree men from other key male roles, such as arms-bearing, meant that unfree husbands were not conceptualised as sufficiently ‘manly’ to have their marriages discussed. It is only from the tenth century onwards, when images of masculinity began to fragment more along lines of social status, that authors began explicitly to state that the Christian ideas of marriage applied to all, free and unfree.     

Parental death as a vital conjuncture? Intergenerational care and responsibility following bereavement in Senegal

This article explores the ways that parental death represents a ‘vital conjuncture’ for Serer young people that reconfigures and potentially transforms intergenerational caring responsibilities in different spatial and temporal contexts. Drawing on semi-structured interviews with young people (aged 15–27 years), family members, religious and community leaders and professionals in rural and urban Senegal, I explore young people's responses to parental death. ‘Continuing bonds’ with the deceased were expressed through memories evoked in homespace, shared family practices and gendered responsibilities to ‘take care of’ bereaved family members, to cultivate inherited farmland and to fulfil the wishes of the deceased. Parental death could reconfigure intergenerational care and lead to shifts in power dynamics, as eldest sons asserted their position of authority. While care-giving roles were associated with agency, the low social status accorded to young women's paid and unpaid domestic work undermined their efforts. The research contributes to understandings of gendered nuances in the experience of bereavement and continuing bonds and provides insight into intra-household decision-making processes, ownership and control of assets. Analysis of the culturally specific meanings of relationships and a young person's social location within hierarchies of gender, age, sibling birth order and wider socio-cultural norms and practices is needed.     

From Grenfell Tower to the Home Front: Unsettling Property Norms Using a Genealogical Approach

The Grenfell fire was symbolic of an unequal urban landscape closely tied to material and aesthetic norms around property ownership and entitlement. The aim of this paper is to unsettle these norms by advancing a novel genealogical approach. Through systematic review of government archives seldom studied by property researchers, historical comparisons are mobilised to challenge the taken‐for‐granted way in which we approach property and ownership today. It is shown how, in the face of a comparable housing crisis and direct action, both Churchill's and Atlee's post‐war governments temporarily overlooked property norms by extending wartime requisitioning powers. Going further, however, the paper argues that by revisiting history, we can also rediscover a legacy of “forced entry” that might open up political possibilities in the present. By advancing a genealogical approach to ownership, the paper contributes to wider discussions around property norms, concluding that we have before (and can again) enact property differently.     

Bringing the feudal law back home: social practice and the law of fiefs in Italy and Provence (1100–1250)

ABSTRACT

The Libri feudorum is a composite law book containing the customary laws of fiefs held in Lombardy which were codified in 1100–1250. Its function in shaping a late medieval ‘feudal vocabulary’ and, ultimately, modern models of feudalism was highlighted by Susan Reynolds and lies at the core of her anti-feudalism paradigm. This paper questions the disjuncture between social practice and learned law that underlies the paradigm, by analysing the context and making of the Libri feudorum and of legal writings associated with it – by Pillius de Medicina, Iacobus de Ardizone and Jean Blanc. By showing how practice could shape legal tools used by learned lawyers to frame fiefs and by reassessing the influence of the Libri feudorum on practice, the paper challenges the idea that fiefs were the outcome of professional or academic law and unveils aspects of the practical nature and intellectual dimension of lawyerly writing.     

Film-viewing in Turkish and Moroccan diasporic families: a gender and place perspective

This article explores the relation between gender identities and spatial aspects of audience reception by means of a case study on film-viewing in the Turkish and Moroccan diasporic communities in the Belgian city of Antwerp. Drawing on feminist and gender approaches to audience reception on the one hand, and research into the spatial dynamics underlying audience reception on the other, we look at film-viewing as a socially and spatially meaningful practice that is relevant for the understanding of gender identities in diasporic families. This article is based on the results of a four-year project on diasporic film cultures in Antwerp that investigated how film-viewing practices relate to social and cultural dynamics within the Turkish and Moroccan communities. The data that are discussed include participant observations, in-depth interviews and group interviews with a varied sample of people with Turkish and Moroccan backgrounds. The results show that although film-viewing, especially in the public space of the film theatre, can be mobilized by women as an emancipating social practice, gendered power structures often prevail. Also in the domestic contexts, a more traditional gender division is articulated by the respondent concerning family viewing. We conclude that the space of the film theatre and film-going serve the continuity and stability of gendered family relations, rather than subverting them.     

Reciprocal Repossession: Property as Land in Urban Australia

Repossession of land by Indigenous people is commonly understood as a legal act that unfolds within the confines of state apparatuses. But for many Indigenous urbanites, legal repossession is both impossible and irrelevant due to their histories of dispossession and dislocation. Moreover, while land repossession in Australia is predominantly non‐urban, I demonstrate that land is also reclaimed within cities. Urban repossession of land, considered here as reciprocal rather than legal, challenges the model of private ownership by asserting a territorially transferable relationship to property as land. The order of property entrenches Indigenous people's dispossession by demanding immobility as precondition to ownership and rendering Indigenous urbanites all “too mobile”. Against this framing and the liquidation of their lands as capital, Indigenous people practice reciprocal forms of repossession that challenge both liberal and traditional meanings of ownership. This helps retrieve urban Indigenous subjectivities while compelling partial relinquishment of non‐Indigenous properties.     

Interspatial gender asymmetries in early Soviet Siberia

The article addresses gendered power asymmetries within indigenous communities of early Soviet Siberia and their shifts during the transitional period between the Russian Empire and the totalitarian Soviet state. The concept of entangled relational spaces is the main analytical tool of this article. Seeking to overcome identity-based essentialisms, the article deconstructs gender identity and demonstrates how it can be articulated and interpreted in different relational spaces. It extends the argument that oppressions are produced by various social categories (intersectionality) by adding that a single social category may beget various forms of oppression and that heterogeneous gender asymmetries are produced and manifested across different relational spaces. Evidence deriving from predominantly indigenous sources authored by women enabled the discussion of gendered power asymmetries in economic, legal, and political spaces produced by corresponding relations. Economic and demographic crises, which the indigenous peoples of Siberia endured in the 1910s–1920s, reduced gendered power asymmetries in economic spaces making women less dependent on men. On women's initiative the shifts then spread to legal spaces and, with the support of the Bolshevik government, affected political spaces. These shifts were closely connected to the early Soviet attempts at dialog with indigenous people, decolonizing Siberia and liberating indigenous women, and gave way to instrumental policies.     

Implications of gendered environmental knowledge in water allocation processes in central Australia

The existence of gendered knowledge has been identified as a significant feature of Indigenous Australian culture, and the importance of considering the implications of gendered environmental knowledge in collaborative cross-cultural natural resource management has been highlighted. There is a lack of case studies that demonstrate how Indigenous women's knowledge and laws can be provided for in resource management contexts. From collaborative research with Anmatyerr women in central Australia, we discuss the implications of gender bias in relation to gendered knowledge in natural and cultural resource management, with a specific focus on Anmatyerr women's involvement in providing inputs about the cultural values of water within water allocation planning processes. This research highlights Anmatyerr women's own perspectives of their roles in contemporary contexts and identifies the existence of cultural change and continuity in relation to rights and responsibilities around water.     

TEACHING OLD DOGS NEW TRICKS: FOUR MOTIFS OF LEGAL CHANGE FROM EARLY MODERN EUROPE

In the past millennium, there have been thousands of polities in Europe and millions of laws. This article contributes to efforts by historians and sociologists to make some sense of this sprawl by constructing common types of law and legal change. Such types constitute distinctive patterns by which historical actors change names, ideas, and applications of rules of law under various circumstances. Three classic forms of change, namely legislation, mutation of custom, and judge‐made law, were described by Max Weber. To Weber's model I add four new types or motifs of change, which I dub legal deeds, voice‐supersession, legal fictions, and anthropological expansion. The major advance of the four motifs is that they each combine what could be called a semantic and a social view of legal change. That is, they take seriously the fact that law is often bound in a self‐conscious tradition of thought and practice. But each motif of change is also characterized by a typified social configuration of legal operators and legal subjects, who apply competing ideas to one another in distinctive ways. The paradigm of law in which the four motifs are embedded is evolutionary, pluralist, and liberal in that it posits creative social organization by multiple, independent, interacting individuals in society, weaving cumulative, complex orders. This theory makes several significant scholarly interventions. First, it attempts to reconcile outstanding semantic and social theories of legal change. Second, it historicizes legal pluralism while giving evolutionary theory a healthy dose of contingency. Third, the four motifs should also be serviceable to intellectual historians as tools for describing how historical actors interact with traditions generally. Tradition need not be viewed as conservative or even overwhelmingly static. This paradigm may help historians and social scientists assess how the force of the status quo balances against the power of individuals to innovate.