Wednesday, March 13, 2013
Namita Wahi has posted Land Acquisition, Development, and the Constitution, Seminar Magazine, Feb. 2013. The abstract:
In this article,
I argue that the debates surrounding the adoption of a fundamental right to
property in the Constitution were centred around the somewhat paradoxical desire
to achieve a liberal democratic legal order which guaranteed the rights to
liberty, equality and property, while simultaneously embarking on a
transformation of the economic and social order considered imperative to prevent
a revolution. This transformation was pegged on a development strategy involving
a move from a feudal agrarian to a capital intensive industrial society. A major
component of this transformative agenda was land reform, involving zamindari
abolition abolition and redistribution of land among the peasants. Equally
important, however, was state planned industrial growth and encouragement of
growth of private industry.
The article goes on to assess the history of land acquisition laws in this country against this backdrop. In particular, it analyses the key features of the Land Acquisition Act, 1894, including the major problems with its implementation. It then analyses the proposed Land Acquisition Rehabilitation and Resettlement Bill, with a view to determining the extent to which the bill addresses the problems with the Land Acquisition Act, 1894. Finally, the article describes the special constitutional provisions for the Scheduled Areas as contained in the Fifth and Sixth Schedules and analyses to what extent the LARR bill is compliant with existing constitutional guarantees.
Craig Anthony (Tony) Arnold (Louisville) has posted Framing Watersheds, forthcoming in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach, Keith Hirokawa, ed., Cambridge University Press, 2013. The abstract:
Watershed institutions have emerged in the U.S. out of the structural fragmentation and functional inadequacies of several areas of law and policy. While these institutions organize governance, planning, and management functions around a type of ecosystem (i.e., watersheds), they are highly diverse and evolve over time. This book chapter seeks to understand the diversity of watershed institutions by employing framing analysis to identify the many cognitive and socio-political frames by which the legal system conceptualizes watersheds. More importantly, the chapter analyzes whether watershed institutions have adaptive capacity and can promote ecological and social resilience over time. The processes of multiple framing (multi-framing) and reframing, as seen in several case studies of multi-faceted and evolving watershed institutions, offer considerable promise for society and its watershed institutions to adapt to complex and dynamic conditions. The book chapter explores the barriers to and problems with multi-framing and reframing processes, as well as the opportunities for and benefits of multi-framing and reframing, in light of emerging scientific and social theories about resilience and systemic change.
Tony is a friend of this blog and an occasional Contributing Editor, as well as a leader in the emerging areas of sustainability and adaptive management. Looks like an interesting volume by Keith Hirokawa and others.
Tuesday, March 12, 2013
Simone M. Sepe (Arizona) and James T. White (Arizona) have posted The New City Beautiful: Urban Infrastructure and the Rule of Law. The abstract:
This article argues that urban physical disorder weakens the relational social contract upon which the rule of law is built. Under this social contract, citizens follow legal rules in exchange for certain goods and services from the government, and citizens conditionally cooperate with each other, following the rules because others follow the rules as well. Urban physical disorder, as evidenced by crumbling urban infrastructure, signals both that the government is not fulfilling its obligations under the social contract and that others are not following the rules, contributing to a downward spiral that ultimately leads to a culture unsupportive of the rule of law.
To test this theoretical account, this article analyzes empirical data from 124 countries related to the quality of the urban environment and the degree of commitment to the rule of law, as measured by perceived corruption. This analysis shows that the rule of law is both strongly correlated and causally dependent upon the quality of the urban environment. Contrary to the conventional wisdom that austerity is an effective means of controlling corruption, this article thus suggests that public investment in urban infrastructure and the creation of quality urban environments are essential components of efforts to cultivate and maintain the rule of law.
Really fascinating. Tying the built environment to the rule of law is, in my opinion, one of the most important issues for the near future.