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Full-Text Articles in Law
Researching Law's Special Issue On "We Want What's Ours", Bernadette Atuahene
Researching Law's Special Issue On "We Want What's Ours", Bernadette Atuahene
Bernadette Atuahene
Researching Law is a socio-legal magazine published by the American Bar Foundation.
We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene
We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene
Bernadette Atuahene
Researching Law's Special Issue On "Property Rights And The Demands Of Transformation", Bernadette Atuahene
Researching Law's Special Issue On "Property Rights And The Demands Of Transformation", Bernadette Atuahene
Bernadette Atuahene
Researching Law is a socio-legal magazine published by the American Bar Foundation.
Property And Transitional Justice, Bernadette Atuahene
Property And Transitional Justice, Bernadette Atuahene
Bernadette Atuahene
Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional …
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Bernadette Atuahene
The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …
Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene
Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene
Bernadette Atuahene