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Comparative and Foreign Law

Democracy

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Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger Jan 2015

Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger

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Widening wealth gaps in Western democracies have brought new scrutiny to relationships between property and political community. For the prior quarter century, Western legal scholars have urged privatization around the globe as the key to a virtuous circle of "market democracy." This Article traces origins of the market democracy consensus to ideas that identify positive features of political community -- liberty, wealth, or democracy -- with private property ownership. Fieldwork in Ukraine, where Western privatization advice was followed at a time of founding a new polity, provides data to compare predictions with outcomes. Two unexpected figures -- the Oligarch and …


Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene Feb 2006

Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene

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Land titling is a form of privatization in that public assets are transferred to private families and individuals. This is unlike other forms of privatization, however, because there is a systematic diffusion of economic and decision making power down to indigent populations rather than out of the country or up to its local elites. In light of this uniqueness, the question I will grapple with in this Article is, can property ownership, achieved through land titling programs, bolster democracy? First, using Peru as an example, I explain the context that necessitated the creation of land titling and the process by …