Rules of Law and Laws of Ruling : On the Governance of Law (Law, Justice and Power)

304 Pages·2009·0.38 MB·English

by  Keebet von Benda-Beckmann and Julia Eckert Franz von Benda-Beckmann

Rules of law and laws of Ruling
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Rules of law and laws of Ruling
on the governance of law
Edited by
fRanz von Benda-Beckmann,
keeBet von Benda-Beckmann and Julia eckeRt
Max Planck Institute for Social Anthropology, Germany
© franz von Benda-Beckmann, keebet von Benda-Beckmann and Julia eckert 2009
all rights reserved. no part of this publication may be reproduced, stored in a retrieval
system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise without the prior permission of the publisher.
franz von Benda-Beckmann, keebet von Benda-Beckmann and Julia eckert have asserted
their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors
of this work.
Published by
ashgate Publishing limited ashgate Publishing company
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union Road 101 cherry street
farnham Burlington
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British Library Cataloguing in Publication Data
Rules of law and laws of ruling : on the governance of law.
- (law, justice and power series)
1. ethnological jurisprudence 2. legal polycentricity
3. Rule of law
i. Benda-Beckmann, franz von ii. Benda-Beckmann, keebet von
iii. eckert, Julia m.
340.1'15
Library of Congress Cataloging-in-Publication Data
Benda-Beckmann, franz von.
Rules of law and laws of ruling : on the governance of law / by franz von Benda-
Beckmann, keebet von Benda-Beckmann and Julia eckert.
p. cm. -- (series: law, justice, and power)
includes bibliographical references and index.
isBn 978-0-7546-7239-5 -- isBn 978-0-7546-9132-7 (ebook) 1. Rule of
law. 2. sociological jurisprudence. 3. administrative law. i. Benda-Beckmann, keebet
von. ii. eckert, Julia. iii. title.
k3171.B45 2009
340'.115--dc22
09ANSHT 2008049052

isBn 978 0 7546 7239 5
eisBn 978 07546 9132 7
contents
List of Figures vii
Notes on Contributors ix
Acknowledgements xv
1 Rules of law and laws of Ruling: law and governance between
Past and future 1
Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Julia
Eckert
2 Reflections on the Anthropology of Law, Governance
and sovereignty 31
John L. Comaroff and Jean Comaroff
3 Private military companies and state sovereignty: Regulating
transnational flows of violence and capital 61
Diana Sidakis
4 laws of suspicion: legal status, space and the impossibility of
separation in the israeli-occupied west Bank 83
Tobias Kelly
5 Ritual and Rule in the Periphery: state violence and local
governance in a Peruvian comunidad 101
Monique Nuijten and David Lorenzo
6 government, Business and chiefs: ambiguities of social Justice
through land Restitution in south africa 125
Anne Hellum and Bill Derman
7 Re-scaling governance for Better Resource management? 151
Melanie G. Wiber and Arthur Bull
8 the governance of children: from welfare Justice to Proactive
Regulation in the scottish children’s Hearings system 171
Anne Griffiths and Randy F. Kandel
vi Rules of Law and Laws of Ruling
9 migration and integration of third-country nationals in
Europe: The Need for the Development of an Efficient, Effective
and legitimate system of governance 191
Marie-Claire Foblets
10 from the Revenue Rule to soft law and Back again: the
consequences for ‘society’ of the social governance of
international tax competition 217
Bill Maurer
11 the law of the Project: government and ‘good governance’ at
the world Bank in indonesia 237
Tania Murray Li
12 corruption as governance? law, transparency and appointment
Procedures in italian universities 257
David Nelken
Index 279
list of figures
7.1 Shellfish production areas in the province of Nova Scotia,
canada (2007) 155
12.1 transparency international’s 2007 corruption Perceptions index 259
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notes on contributors
Franz von Benda-Beckmann is head of the Project group ‘legal Pluralism’ at the
max Planck institute for social anthropology in Halle/saale, germany, since 2002
Honorary Professor for legal anthropology at the university of leipzig, and since
2004 Honorary Professor for legal Pluralism at the university of Halle/saale. He
holds a Phd in law (1970), and obtained his Habilitation in anthropology at the
university of zurich (1979). Before 2000 he was Professor for law in developing
Countries at the Agricultural University Wageningen. He has done fieldwork and
supervised research in malawi, west sumatra, the moluccas and nepal. He has
written and co-edited several books and published widely on issues of property
rights, social (in)security and legal pluralism in developing countries, and on legal
anthropological theory. He co-edited, together with keebet von Benda-Beckmann
and Anne Griffiths, Mobile People, Mobile Law: Expanding Legal Relations in
a Contracting World (ashgate 2005), and with keebet von Benda-Beckmann
and melanie g. wiber, Changing Properties of Property (Berghahn 2006). He
published Social Security between Past and Future: Ambonese Networks of Care
and Support (lit verlag 2007) jointly with keebet von Benda-Beckmann.
Keebet von Benda-Beckmann is head of the Project group ‘legal Pluralism’ at
the max Planck institute for social anthropology in Halle/saale, germany, since
2003 Honorary Professor for legal anthropology at the university of leipzig,
and since 2004 Honorary Professor for legal Pluralism at the university of
Halle/saale. she has carried out research in west sumatra and on the moluccan
island of ambon, indonesia, and among moluccan women in the netherlands.
she has published extensively on dispute resolution, social security in developing
countries, property and water rights, decentralization and on theoretical issues in
the anthropology of law. she co-edited, together with franz von Benda-Beckmann
and Anne Griffiths, Mobile People, Mobile Law: Expanding Legal Relations in
a Contracting World (ashgate 2005), and with franz von Benda-Beckmann
and melanie g. wiber, Changing Properties of Property (Berghahn 2006). she
published Social Security between Past and Future: Ambonese Networks of Care
and Support (lit verlag 2007) jointly with franz von Benda-Beckmann.
Arthur Bull lives in digby neck in the Bay of fundy region of nova scotia,
where he is an associate staff member of the Bay of fundy marine Resource
Centre. Over the past fifteen years he has worked with inshore fishermen in the
capacity of executive director of the fundy fixed gear council, and President of
the Bay of fundy inshore fishermen’s association.