عنوان

Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders:

شماره

LA108179

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders:

نام عام مواد

[Article]

ساير اطلاعات عنواني

A Nigerian Perspective

نام نخستين پديدآور

Chilenye Nwapi

محل نشرو پخش و غیره

Leiden

نام ناشر، پخش کننده و غيره

Brill | Nijhoff

متن يادداشت

This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system - statute law - fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women's rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system - statute law - fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women's rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system - statute law - fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women's rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system - statute law - fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women's rights. The article argues for an effective use of the political process to complement legal interventions.

تاريخ نشر

2016

توصيف ظاهري

124-146

عنوان

African Journal of Legal Studies

شماره جلد

9/2

شماره استاندارد بين المللي پياييندها

1708-7384

اصطلاح موضوعی

customary law

اصطلاح موضوعی

gender inequality

اصطلاح موضوعی

land grab

اصطلاح موضوعی

legal pluralism

اصطلاح موضوعی

property rights

اصطلاح موضوعی

statute law

مستند نام اشخاص تاييد نشده

Chilenye Nwapi

شماره بازیابی

10.1163/17087384-12340005

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Article]

کد کاربرگه

275578

سطح دسترسي

a

تكميل شده

Y