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Full-Text Articles in Social and Behavioral Sciences
On The Edge Of The Law: Women’S Property Rights And Dispute Resolution In Kisii, Kenya, Sandra F. Joireman, Elin Henrysson
On The Edge Of The Law: Women’S Property Rights And Dispute Resolution In Kisii, Kenya, Sandra F. Joireman, Elin Henrysson
Political Science Faculty Publications
Scholars have argued that economic efficiency requires a clear definition of the rights of ownership, contract, and transfer of land. Ambiguity in the definition or enforcement of any of these rights leads to an increase in transaction costs in the exchange and transfer of land as well as a residual uncertainty after any land contract. In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have been plagued by the existence of alternative processes for the adjudication of disputes. Customary dispute resolution has been praised as an inexpensive alternative to official judicial processes in a legally pluralistic …
The Evolution Of The Common Law: Legal Development In Kenya And India, Sandra F. Joireman
The Evolution Of The Common Law: Legal Development In Kenya And India, Sandra F. Joireman
Political Science Faculty Publications
Recent cross-national studies of the institutional prerequisites of economic growth have identified common law systems as superior to those of civil law. The assumption is that all common law systems share a similarity of structure and law which creates an environment facilitating investment and contract enforcement. Yet, due to its evolutionary nature, common law is not everywhere the same, nor is the historical development of the common law similar in all countries. This paper makes this point by examining the political development of common law in India and Kenya, in order to compare their legal institutions and histories. Both of …
Jean Ensminger. Making A Market: The Institutional Transformation Of An African Society (Book Review), Sandra F. Joireman
Jean Ensminger. Making A Market: The Institutional Transformation Of An African Society (Book Review), Sandra F. Joireman
Political Science Faculty Publications
The publication of Making a Market marks yet another excellent contribution to the field from the Cambridge Series on Political Economy. Similar to the other volumes in the series, it emphasizes the interaction of political structures and institutions with economic change. Yet whereas most of the previous volumes in the series have been written by political scientists or economists, this book stands out as unique in that it is written from an anthropological perspective. Unusual as this is, the book gives an extremely sophisticated and readable application of the new institutional economics to the developing world.