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Possession, Custom And Social Order: Property Rights In A Fragile State, Daniel Fitzpatrick

Daniel Fitzpatrick

Lawyers trained in stable socio-political contexts tend to overlook or underestimate the importance of social order in considering fundamental concepts of property such as possession. This article argues that the evolution and effect of possessory rules is closely linked to systems of authority and their relationship with social order. In fragile state environments, different types of possessory rules will have different effects on competitive racing for rights or authority relating to land. While complex or ambiguous rules will increase opportunities for rent-seeking by state actors, they may also serve to channel claimants away from violent contests over land. Conversely, while …