Legal Empowerment and Horizontal Inequalities after Conflict

Abstract

This article explores whether legal empowerment can address horizontal inequalities in post-conflict settings, and, if so, how. It argues that legal empowerment has modest potential to reduce these inequalities. Nevertheless, there are risks that legal empowerment might contribute to a strengthening of group identities, reduction of social cohesion, and, in the worst case, triggering of conflict. It looks at how two legal empowerment programmes in Liberia navigated the tensions between equity and peace.     

Authoritarian legality and informal practices: Judges, lawyers and the state in Russia and China

To participate in the global economy authoritarian states are pressed to offer international business a legal order that protects the interests of investors, customers, and sellers, but the creation of a modern legal order threatens to undermine the leaders’ control of public life. An increasingly common way to resolve this dilemma, I argue, is developing formal legal institutions that appear to meet world standards, while using informal practices to maintain control over the administration of justice when needed. In this paper I show how the governments of post-Soviet Russia (with its hybrid or competitive authoritarian regime) and the fully authoritarian People’s Republic of China as well, have used this approach in their relations with judges and defense lawyers in their respective countries. The analysis underscores the utility of investigating informal practices along with the reform of formal legal institutions, especially in the context of transition.     

Co-Investment and Clientelism as Informal Institutions: Beyond ‘Good Enough’ Property Rights Protection

How do we explain high rates of investment in the production of oil palm in Indonesia under conditions of legal uncertainty and uneven protection of property rights? This article argues that what are commonly seen as deficiencies in the formal institutional environment actually enabled investment, but only when informal institutions were able to provide investor assurances. Although the finding that informal institutions provide investor assurances is not new, this study addresses outstanding questions about how such informal institutions work. An examination of the micro-level details of informal institutions in the oil palm industry shows that informal institutions frequently grouped under umbrella terms such as ‘patronage’ or ‘relational ties’ are not uniform. Rather, two types of informal relational tie operate to provide investor assurances: clientelistic and co-investment. Although they serve similar purposes, clientelistic ties work well only under restrictive conditions and are vulnerable to decay. Co-investment, in contrast, is a more robust informal institution, especially when political power is fragmented. Although co-investment provides investor assurances under conditions of legal uncertainty, it remains a particularistic solution and does not guarantee generalized public interest protections.     

Implementing Privatization Policies in 'Next Steps' Agencies

This article examines the implementation of privatization policies in two 'Next Steps' agencies. This is discussed with reference to the broader theoretical and empirical questions of how do institutions change and when are political actors constrained in implementing their policy choices. Cortell and Peterson's framework for explaining institutional change, and the concept of intra-state policy networks are used to analyse the cases. The differential outcomes identified illustrate how constraints operate and how these may be overcome by strategic actors to produce change. Constraints in these cases arose from fragmentation and dependence in central government, from differing institutionalized beliefs and from the development of intra-state networks between the departments and agencies. The paper concludes by suggesting that the type of intra-state networks created through agencification can be seen to have an effect on policy outcomes and are worthy of more detailed research.     

Creating capacities for peacebuilding citizenship: history and social studies curricula in Bangladesh,Canada, Colombia,and México

Public education is one influence on how young people learn to navigate social conflicts and to contribute to building democratic peace, including their sense of hope or powerlessness. Social studies curricula, in particular, introduce core concerns, geographies, governance and civil society, and participation skills and norms. History education narratives frame identity, (dis)trust or peaceful coexistence, and provide exemplars of how social conflicts and injustice have been handled in the past. To shed light on these peacebuilding and peace-blocking choices, this paper examines government-sanctioned social studies and history curricula in contrasting contexts of violent conflict and peace: Bangladesh, Colombia, México, and (Ontario) Canada. Our comparative analysis shows how these official curricula (de)normalize violence and militarism, present national identities as hegemonic/exclusive or plural/inclusive, and create opportunities for teaching/learning peacebuilding citizenship competencies such as conflict dialog, human rights awareness, and engagement in collective processes of civil society and governance.     

Implementing Privatization Policies in ‘Next Steps’ Agencies

This article examines the implementation of privatization policies in two ‘Next Steps’ agencies. This is discussed with reference to the broader theoretical and empirical questions of how do institutions change and when are political actors constrained in implementing their policy choices. Cortell and Peterson’s framework for explaining institutional change, and the concept of intra-state policy networks are used to analyse the cases. The differential outcomes identified illustrate how constraints operate and how these may be overcome by strategic actors to produce change. Constraints in these cases arose from fragmentation and dependence in central government, from differing institutionalized beliefs and from the development of intra-state networks between the departments and agencies. The paper concludes by suggesting that the type of intra-state networks created through agencification can be seen to have an effect on policy outcomes and are worthy of more detailed research.     

Assembling security in a ‘weak state:’ the contentious politics of plural governance in Lebanon since 2005

Lebanon is most often depicted as a ‘weak state’ lacking territorial sovereignty and thus fostering the proliferation of violent non-state actors that generate political instability and regional insecurity. In contrast, this essay explores the dynamics of security politics in Lebanon since 2005 through the lens of hybrid sovereignty. It shows how an assemblage of state and non-state actors has been able to navigate between rival understandings of insecurity, producing at times shared, but still contested, understandings which have sustained a system of plural governance over security that has been able to respond to a shifting geography of threats.     

Making a difference? The role of Statutory Committees in the Northern Ireland Assembly

This paper seeks to examine some aspects of the early operation of the Northern Ireland Assembly and in particular the role of the Statutory Committees. The particular issue that is used to explore these matters is the review of student finances which the Higher and Further Education, Training and Employment Committee (HFETEC) undertook as its first major investigation. It should be noted here that the Department of Higher and Further Education, Training and Employment changed its name to the Department of Employment and Learning during 2000. The Committee also changed its name to the Employment and Learning Committee. Since the issues discussed took place prior to these changes the original name has been used here. Specifically, the paper examines the Review of Student Finances launched by the Department of Higher and Further Education, Training and Employment (DHFETE), how the Committee tackled the issue, tensions within the Committee, the relationship between the Committee and the Minister, between the Minister and the Department, the public debate, how the Committee Report was subsequently dealt with in the Assembly and the Minister's response. It is suggested that this example provides some insights into the operation of the distinctive devolved institutions in Northern Ireland and some early evidence of how such Statutory Committees may develop.     

Corrupt Intermediaries in Post-Socialist Russia: Mutations of Economic Institutions

Using the example of intermediaries in business–state relations, this essay addresses the evolution of corruption in Russia which has been facilitated by the introduction of a neoliberal system of market relations. Based on empirical studies of small and medium-sized enterprises in Russia, the essay demonstrates how intermediaries (which are also present in Western market economies and serve the function of reducing firms' transaction costs) have adapted to the local system in order to serve as providers of both legal and illegal (corrupt) services. Disputing the pervasive claim that neoliberalism and corruption are mutually exclusive phenomena, we argue that in ‘incoherent’ democracies like Russia, where properly functioning democratic institutions and a developed civil society are lacking, neoliberalism has led to the expansion of corruption.     

The Flypaper Effect Revisited: Intergovernmental Grants and Local Governance

Abstract

Local governance arrangements shape the incentives of local actors, which may in turn influence fiscal choices. By emphasizing the role of local government institutions in local fiscal choices, we seek to bridge between median voter and Leviathan models prevalent in the literature. We then offer some preliminary evidence to support this explanation by empirically testing several propositions regarding the flypaper effect in intergovernmental grants. One limitation of the median voter model is that the model does not consider political institutions and their influences on government expenditures. In this study, we attempt to capture the influence of political dynamics in determining public expenditures by considering institutional variables. Test results show that the political institutional variables could be one of the explanation variables for the flypaper effect.     

Parliamentary Oversight in Putin's Neo-patrimonial State. Watchdogs or Show-dogs?

Conceptualising Russia as a neopatrimonial state directs attention to the patrimonial relations that pervaded formal institutions to reveal increasing tensions within the state during Putin's presidency. A case study of parliamentary oversight practices points to the emergence of legitimation as their key purpose, but also to the growing contradictions between the controlling and legitimating impulses of Putin's regime. At the same time deputies responded to the changes in their status and influence by moving their resources towards the patrimonial sphere, most notably utilising oversight institutions for direct and indirect private interests—activities tolerated by the regime in exchange for political loyalty.     

The Past and Present: A Note on the Civil Service of Kosovo: Discussing its Design,Independence, and Management

This article assesses Kosovo's post-independence efforts to reform the civil-service system and establish a merit-based civil-service system. It also provides an overview of the relationship between civil service and other political institutions and asks whether the constitutional choices have—to a certain degree—influenced the existing design of the civil service. Moreover, the article exposes the current trend of politicization and describes the models through which the latter is developing. Finally, the article asks whether the current system of recruitment, promotion, and appointment of senior managing staff preconditions a political civil-service system.     

Why madrassah education reforms don’t work in Pakistan

Despite global pressure and national security concerns, the efforts of the Government of Pakistan to reform the madrassah system have proven to be futile. Extant literature on madrassah reform challenges relies overwhelmingly on information provided by governments and experts situated outside of these institutions. While these studies and reports present important findings and viable analysis on madrassah systems; most of the research fails to give voice to the major stakeholders of this system itself, such as the administration staff, teachers, students and parents. Our study fills this crucial gap by conducting semi-structured interviews and field observations inside Pakistani madaris (plural for madrassah) and their professional associations. We find that these madaris have been reluctant to participate in policy interventions offered by the government due to a major trust deficit brought on by differences over financial and curriculum regulation, degree recognition and the government’s role in shaping popular perceptions about madaris. This reluctance has turned down attempts for madrassah reformation and has in turn made them vulnerable to radicalisation. We conclude with policy recommendations for more effective government reforms and a stronger relationship between madrassah representatives and the Government of Pakistan.     

Merging legality with illegality in Paraguay: the cluster of order in Pedro Juan Caballero

Paraguay is often described as a territory of drug trafficking, smuggling and commercial piracy. However, the country remains understudied by academics researching criminality and illegal markets. Pedro Juan Caballero, a city located on the northern border with Brazil, is an interesting case study to illustrate how legality and illegality merge in Paraguay to create hybrid social orders. The daily life in the city, one of the best places in the world for cultivating marijuana, unfolds between the higher homicides rates and some of the lowest levels of common criminality in Paraguay. Far from being a matter of state weakness, the expansion and tolerance of illegal activities is framed within a cluster of order that combines both rational legal practices and neo-­patrimonial norms. The presence and roles of state institutions are re-signified, generating alternative hierarchies, practices and values to supply social, political and economic outcomes. Through in-depth interviews with key informants, ethnography visits and analyses of aggregated data, this paper describes the hybrid order of Pedro Juan Caballero by tallying the incentives that encourage social and institutional tolerance of illegality and describes how illegal practices create access to goods, services, protection and expectations not provided by the legal framework.     

The Great Convergence and the Logic of One World

A great historical transition is underway from American‐led Globalization 1.0 to Globalization 2.0—the interdependence of plural identities where no one power or alliance of powers dominates. The G‐20 is floundering as the immediate global financial crisis has receded. The United Nations and the old Bretton Woods institutions—the IMF, the World Bank and the WTO—have lost their vigor and are struggling to adjust to the global powershift with the rise of the emerging economies. While Europe is paralyzed as the historic project of integration stalls, the world's two largest economies—the United States and China—are as yet unable to figure out how to share power. The danger now is that the geopolitical vacuum will invite assertions of national self‐interest that will unravel the rules‐based order that enabled stability and prosperity over recent decades. America's leading geopolitical strategist, China's most outspoken strategic thinker and one of Asia's leading global thinkers from Singapore offer their reflections on this state of affairs.     

Justifying Coproduced Policeability: Restrained Creativity and New Modalities of (Dis)Agreements in the Swedish Police

This article investigates the justification of coproduced policeability using the “order-of-worth” framework suggested by Boltanski and Thevénot. Building on previous research describing how tensions limit the legitimacy of public services, the analysis illustrates how persistent tensions shape the justification of coproduced policing. Drawing on both fostering and responsive modalities, reluctant adaptability allows police to cope with tense value logics and justify new coproduced solutions as legitimate means of maintaining policing practices. The analysis is based on documents and semi-structured interviews. Results imply that coproduction can result in persistent tensions that public authorities have to handle.     

China and America in a Post‐Hegemonic Age

A great historical transition is underway from American‐led Globalization 1.0 to Globalization 2.0—the interdependence of plural identities where no one power or alliance of powers dominates. The G‐20 is floundering as the immediate global financial crisis has receded. The United Nations and the old Bretton Woods institutions—the IMF, the World Bank and the WTO—have lost their vigor and are struggling to adjust to the global powershift with the rise of the emerging economies. While Europe is paralyzed as the historic project of integration stalls, the world's two largest economies—the United States and China—are as yet unable to figure out how to share power. The danger now is that the geopolitical vacuum will invite assertions of national self‐interest that will unravel the rules‐based order that enabled stability and prosperity over recent decades. America's leading geopolitical strategist, China's most outspoken strategic thinker and one of Asia's leading global thinkers from Singapore offer their reflections on this state of affairs.     

For A New Bipolarity: China and Russia vs. America

A great historical transition is underway from American‐led Globalization 1.0 to Globalization 2.0—the interdependence of plural identities where no one power or alliance of powers dominates. The G‐20 is floundering as the immediate global financial crisis has receded. The United Nations and the old Bretton Woods institutions—the IMF, the World Bank and the WTO—have lost their vigor and are struggling to adjust to the global powershift with the rise of the emerging economies. While Europe is paralyzed as the historic project of integration stalls, the world's two largest economies—the United States and China—are as yet unable to figure out how to share power. The danger now is that the geopolitical vacuum will invite assertions of national self‐interest that will unravel the rules‐based order that enabled stability and prosperity over recent decades. America's leading geopolitical strategist, China's most outspoken strategic thinker and one of Asia's leading global thinkers from Singapore offer their reflections on this state of affairs.     

Legal Empowerment of the Poor through Property Rights Reform: Tensions and Trade-offs of Land Registration and Titling in Sub-Saharan Africa

Abstract

Land registration and titling in Africa is often advocated as a pro-poor legal empowerment strategy. Advocates have put forth different visions of the substantive goals this is to achieve. Some see registration and titling as a way to protect smallholders’ rights of access to land. Others frame land registration as part of community-protection or ethno-justice agendas. Still others see legal empowerment in the market-enhancing commodification of property rights. This paper contrasts these different visions, showing that each entails tensions and trade-offs. The analysis helps explain why land law reforms aiming at legal empowerment may be controversial or divisive in African countries.