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Articles 1 - 5 of 5
Full-Text Articles in Social and Behavioral Sciences
Women, Land & Justice In Tanzania (Book Review), Sandra F. Joireman
Women, Land & Justice In Tanzania (Book Review), Sandra F. Joireman
Political Science Faculty Publications
Among the many debates surrounding land in Africa, one that has endured through both colonization and independence is the argument over the merits of preserving customary land law. Human rights based approaches to property rights in Sub-Saharan Africa note women’s secondary or derivative rights to land under customary law, correctly identifying inequalities in rules and practice. Communitarian approaches, on the other hand, address the adaptability and accessibility of land regimes defined by customary law. This book contributes to the debates on women, land and law and, while it will be frustrating to some as it does not take a side …
An Abundance Of Violence And Scarcity Of Words (Book Review), Sandra F. Joireman
An Abundance Of Violence And Scarcity Of Words (Book Review), Sandra F. Joireman
Political Science Faculty Publications
It is hard to avoid knowing something about the conflict in Darfur. There are divestment movements, student campaigns, actors raising awareness and the ‘genocide olympics’ to remind us of the ongoing conflict. There is also an increasingly ugly exchange in which two sides are talking and neither is listening. This exchange is not between the combatants, as one might expect, but among activists and scholars who disagree on the best way to portray the conflict. While it is difficult to avoid knowing something about the violence in Darfur, finding a deeper analysis that goes beyond the attempts to gain attention …
The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman
The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman
Political Science Faculty Publications
Economists such as Hernando De Soto have argued that clearly defined property rights are essential to capital formation and ultimately to economic growth and poverty alleviation. This article traces two impediments to the clear definition of property rights in the African context: customary law and the status of women. Both of these issues interfere with the attempt of African countries to rearticulate property law with the goal of capital formation. Constructive attempts to define property rights must address the problem of enforcement in under-resourced environments where changes may not be welcomed.
An Unholy Trinity: Aids, Poverty And Insecure Property Rights For Women In Africa, Sandra F. Joireman
An Unholy Trinity: Aids, Poverty And Insecure Property Rights For Women In Africa, Sandra F. Joireman
Political Science Faculty Publications
Women in Africa have long had insecure rights to both moveable and immoveable property due to the coexistence of customary and statutory law, lack of clarity and poor enforcement of the formal rights to property that exist. Insecure property rights for women are most evident in the case of divorce or the death of a spouse when a woman loses access to land and household assets. This paper examines the issues of poverty, HIV/AIDS and property rights in the area where they intersect most vividly, women’s lives and livelihoods. The gendered nature of the HIV/AIDS pandemic in Africa is analyzed …
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 …