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Inherited Legal Systems And Effective Rule Of Law: Africa And The Colonial Legacy, Sandra F. Joireman
Inherited Legal Systems And Effective Rule Of Law: Africa And The Colonial Legacy, Sandra F. Joireman
Political Science Faculty Publications
The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the common law system as capricious and disorganised. This paper compares the effectiveness …
Property Rights And The Role Of The State: Evidence From The Horn Of Africa, Sandra F. Joireman
Property Rights And The Role Of The State: Evidence From The Horn Of Africa, Sandra F. Joireman
Political Science Faculty Publications
This study applies extant theories of property rights change to three land tenure systems in Imperial Ethiopia. Two of the areas underwent changes in property rights after experiencing changes in the value of land; one did not. A data set of litigation over land rights is used in conjunction with case studies to understand the mechanisms motivating or impeding property rights change. Amendments to the role of the state are suggested and two conclusions are reached: (1) that movement towards greater specificity of land rights did not always occur; and (2) the changes in property rights that occurred were imposed …