E-Book Overview
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, "Rules of Law and the Laws of Ruling" will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
E-Book Content
Rules of law and laws of ruling This page has been left blank intentionally 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 Wey Court East Suite 420 Union Road 101 Cherry Street Farnham Burlington Surrey, GU9 7PT VT 05401-4405 England USA www.ashgate.com 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 BendaBeckmann, 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 ISBN 978 0 7546 7239 5 eISBN 978 07546 9132 7 2008049052 Contents List of Figures Notes on Contributors Acknowledgements 1 2 3 4 5 Rules of Law and Laws of Ruling: Law and Governance between Past and Future Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Julia Eckert vii ix xv 1 Reflections on the Anthropology of Law, Governance and Sovereignty John L. Comaroff and Jean Comaroff 31 Private Military Companies and State Sovereignty: Regulating Transnational Flows of Violence and Capital Diana Sidakis 61 Laws of Suspicion: Legal Status, Space and the Impossibility of Separation in the Israeli-occupied West Bank Tobias Kelly 83 Ritual and Rule in the Periphery: State Violence and Local Governance in a Peruvian Comunidad Monique Nuijten and David Lorenzo 101 6 Government, Business and Chiefs: Ambiguities of Social Justice through Land Restitution in South Africa Anne He