Daniel Fitzpatrick, Susana Barnes
Much of the recent literature on customary property relations in sub-Saharan Africa has highlighted underlying characteristics of negotiability and indeterminacy. Custom is prone to reinvention as resource claimants manipulate customary references across multiple forums for property legitimation and authority. This article focuses on the resilience of customary property relations in East Timor. Based on a study of customary authority in the village of Babulo, we conclude that traditional Timorese narratives of first possession, where land authority is claimed by groups that trace descent to a mythic first settler, have acted as adaptive and resilient focal points for the reproduction of customary property relations in historical circumstances of war, colonization, and occupation. While a finding of customary resilience is not new to postcolonial contexts, the relative novelty of our study lies in its structured explanation for resilience in circumstances of war and displacement, based on the social ordering capacity of first possession principles themselves. This explanation, which derives from focal point theories for cooperative property relations, also takes into account a number of limits on the ordering capacity of first possession principles, which support a conclusion of relative or constrained resilience, particularly in terms of contested interpretations of possessory authority in contemporary East Timor.
Tales of Deviance and Control: On Space, Rules, and Law in Squatter Settlements
Jean-Louis Van Gelder
In Latin American cities, around a third of the urban population lives in tenure situations that can be designated as informal, yet variation in the ways and extent to which these arrangements do not comply with law is extensive. Furthermore, informal dwellers often employ a variety of strategies to legitimize and ultimately legalize their tenure, implying a dynamic rather than a static relationship between illegality and legality. Conceiving of land tenure in dichotomous terms, as simply being either legal or illegal, therefore, fails to reflect this diversity, nor does it capture the evolving nature of the relationship between informal settlements and the state system. Drawing from the development of squatter settlements in Buenos Aires, this article proposes an alternative perspective and shows how settlements alternate strategies of noncompliance with adaptation to the state legal system to gradually increase their legality.
Perceiving Discrimination on the Job: Legal Consciousness, Workplace Context, and the Construction of Race Discrimination
Elizabeth Hirsh, Christopher J. Lyons
Despite the continued importance of discrimination for racial labor market inequality, little research explores the process by which workers name potentially negative experiences as race discrimination. Drawing on the legal consciousness literature and organizational approaches to employment discrimination, we assess the effect of social status, job characteristics, and workplace context on the likelihood that workers perceive race discrimination at work. Analyzing data from the Multi-City Study of Urban Inequality, we find that ascriptive status is associated with perceptions of discrimination, with African Americans, Hispanics, and women more likely to perceive racial discrimination, net of job and organizational controls. Results also suggest that workers with a greater sense of entitlement (as indicated by job authority, promotion experience, and union membership) and knowledge of legal entitlements (as indicated by education level and age) are more likely to perceive workplace racial discrimination. Other workplace conditions can signal fairness and decrease perceptions of racial bias, such as formalized screening practices and having nonwhite supervisors, whereas working among predominantly nonwhite coworkers increases the likelihood of perceiving discrimination. These findings suggest that personal attributions of discrimination vary across social groups and their environments, and demonstrate the importance of workplace context for understanding how individuals apply legal concepts, such as discrimination, to their experiences.
Old Habits Are Hard to Change: A Case Study of Israeli Real Estate Contracts
Doron Teichman
This article presents a case study on the persistent dollarization norm in the Israeli real estate market. For many years Israeli real estate contracts have been denominated in American dollars. This contracting norm has remained surprisingly stable despite tremendous changes in the structure of the Israeli foreign currency market that severed the connection between the dollar and local inflation and added significant risks to exchange rates. Using an array of theoretical tools, I explain this puzzling phenomenon and demonstrate the centrality of social norms to the design of high-stakes contracts. Finally, I explore the interaction between social norms and the law and highlight the potential obstacles to regulating contracting norms.
The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers
Vanessa A. Baird, Debra Javeline
Courts that perform well are the cornerstone of the rule of law and democratic development. When courts are perceived as legalistic, fair, impartial, and independent of the influence of extrajudicial actors, aggrieved individuals are more likely to pursue litigation over other, potentially unlawful, alternatives. Using original data from surveys of more than 1,800 randomly sampled lawyers in 12 Russian cities, we investigate the effects of perceived government funding and power diversification on a variety of indicators of perceived judicial performance. We find that, according to lawyers, financial dependence on the national government has no independent effect on judicial performance, but financial dependence on local governments has consistently significant negative effects. We also find that diversified political power has consistently significant positive effects on perceived judicial performance, probably because the diversification makes courts seem less vulnerable to unified pressure from political actors.
Legitimacy and Deterrence Effects in Counterterrorism Policing: A Study of Muslim Americans
Tom R. Tyler, Stephen Schulhofer, Aziz Z. Huq
This study considers the circumstances under which members of the Muslim American community voluntarily cooperate with police efforts to combat terrorism. Cooperation is defined to include both a general receptivity toward helping the police in antiterror work and the specific willingness to alert police to terror-related risks in a community. We compare two perspectives on why people cooperate with law enforcement, both developed with reference to general policing, in the context of antiterror policing and specifically among members of the Muslim American community. The first is instrumental. It suggests that people cooperate because they see tangible benefits that outweigh any costs. The second perspective is normative. It posits that people respond to their belief that police are a legitimate authority. On this view we link legitimacy to the fairness and procedural justice of police behavior. Data from a study involving interviews with Muslim Americans in New York City between March and June 2009 strongly support the normative model by finding that the procedural justice of police activities is the primary factor shaping legitimacy and cooperation with the police.
Law & Society Review, July 2010: Volume 44, Issue 2
