Franz Von Benda-Beckmann
Datos Biográficos
| ID | 83154 |
|---|---|
| NOMBRE | Franz Von Benda-Beckmann |
| NOMBRES | Franz |
| APELLIDO | Von Benda-Beckmann |
| FIRMA | VON BENDA-BECKMANN F |
| AFILIACIONES | 1. [email protected] |
| VERIFICADO | No |
| TOTAL DE OBRAS | 33 |
| TOTAL DE CITAS | 62 |
| TOTAL COMO AUTOR | 28 |
| TOTAL COMO EDITOR | 5 |
| PRIMER AÑO DE PUBLICACIÓN | 1979 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2017 |
| ÍNDICE H | 5 |
Mobile People, Mobile Law
Rules of Law and Laws of Ruling
Spatializing Law
Places That Come and Go
Temporalities in property relations under a plural legal order
A temporal perspective is critical for understanding how communities handle changes and continuities in property relations under conditions of legal pluralism. It provides crucial clues on property relations upon the death of property holders and on how concretized property relationships are maintained in social relationships between concrete property holders and objects. This paper inquires into entanglements of distinct property regimes valid a…
Political and Legal Transformations of an Indonesian Polity
Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after I…
Religion in Disputes
Property in Social Continuity
Property in Social Continuity
One: Basic Assumptions and Hypotheses.- Two: Socio-Political Organization in Minangkabau.- Three: The Pluralistic Situation.- Four: The Level of Meaning: Systems of Property Relationships in Minangkabau.- Five: The Level of Performance I: The Fulfilment of the Function.- Six: The Level of Performance II: The Production of Legal Conceptions in Historical Perspective.- Seven: Conclusions.- Notes
In Memoriam
On January 7, 2013, Professor Franz von Benda-Beckmann passed away unexpectedly and prematurely, only shortly after his retirement. Franz has been a consulting editor for, and a regular contributor to, Focaal for many years
Islamic Law in a Plural Context
The paper deals with the historical dynamics of the struggle over inheritance law in West Sumatra under the colonial rule of the Dutch Indies. The Minangkabau in West Sumatra are an interesting example of legal pluralism in Muslim societies. Their adat (indigenous law and social organisation) of matrilineal heritage regulated kinship, group affiliation, inheritance of property, and succession to office. Since the sixteenth century they have been …
Identity in dispute
The article explores the comparatively peaceful reconstitution of the relationships between law, religion and identification processes among the Minangkabau in West Sumatra, Indonesia, since the fall of the Suharto regime in 1998. The local reorganization of village government and land claims included the revitalization of adat institutions which in turn provoked a reconsideration of the role of Islam, as indeed of the meaning of ‘being Minangkab…
Myths and stereotypes about adat law
Recent analyses of the 'revitalisation of tradition' have rekindled earlier discussions of the 'creation of customary law' in colonial states. For Indonesia, critics have deconstructed a 'myth of adat', arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that i…
Pluralismus von Recht und Ordnung
Der Beitrag befasst sich mit der Frage, wie sich die Beziehungen zwischen Recht und Ordnung in rechtspluralistischen Kontexten darstellen. Die wechselhafte Geschichte der Minangkabau in West Sumatra, bei denen staatliches, islamisches und traditionelles Adatrecht koexistieren, zeigt, dass die unterschiedlichen Inhalte der Teilrechtsordnungen und die mit ihnen verbundenen Autoritäten zwar nicht notwendigerweise zu sozialen Konflikten führen müssen…
Social Security between Past and Future
Book note for Franz von Benda-Beckmann & Kebeet von Benda-Beckmann. Social Security between Past and Future: Ambonese Networks of Care and Support. Berlin, Lit Verlag, 2007
"Recht und Entwicklung" im Wandel
VRÜ Verfassung und Recht in Übersee , Seite 295 - 308
Contestations over a life-giving force
Under conditions of legal pluralism, conflicts over water are often played out as conflicts between different legal orders, between the law of the state and local (traditional, customary) legal forms. This chapter discusses some of the characteristic properties of water rights and of conflicts over water and over water rights. It starts with a story about a water conflict in West Sumatra. This story is used later to illustrate some of the complex…
Changing Properties of Property
As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those rec…
Changing Properties of Property
Who’s Afraid of Legal Pluralism
Verfassungsrechtspluralismus in West-Sumatra
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Adat Law and Legal Anthropology
Hans Holleman was the son of Frederik David Holleman (1887–1958), the renowned adat law scholar. Inspired by his father's concern with the colonial administration of justice in the Netherlands East Indies and in his country of origin, South Africa, Hans Holleman studied Roman-Dutch law and ethnology in South Africa, and 1945 became a research fellow at the Rhodes-Livingstone Institute, Southern Rhodesia (now Zimbabwe). Between 1952 and 1962 he he…
Legal Pluralism and Social Justice in Economic and Political Development
Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a highly political matter, since law determines rights over people and over economic resources - land, forest, water and minerals. The experience of colonia…
Old World Places, New World Problems
Property, Politics, and Conflict
This essay focuses on factors internal to the organization of social life in two regions of Indonesia to explain differences in patterns of dispute management that occur despite similarities in forums, substantive property categories, and types of disputes-primarily over inheritance and property rights in land. In Minangkabau, where disputes are usually phrased in terms of inherited property, are concerned with the status of land, and are more li…
Myths and stereotypes about adat law
Recent analyses of the 'revitalisation of tradition' have rekindled earlier discussions of the 'creation of customary law' in colonial states. For Indonesia, critics have deconstructed a 'myth of adat', arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that i…
Legal Pluralism and Social Justice in Economic and Political Development
Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a highly political matter, since law determines rights over people and over economic resources - land, forest, water and minerals. The experience of colonia…
Property in Social Continuity. Continuity and Change in the Maintenance of Property Relationship Through Time in Minangkabau, West Sumatra
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Old World Places, New World Problems
Property, Politics, and Conflict
This essay focuses on factors internal to the organization of social life in two regions of Indonesia to explain differences in patterns of dispute management that occur despite similarities in forums, substantive property categories, and types of disputes-primarily over inheritance and property rights in land. In Minangkabau, where disputes are usually phrased in terms of inherited property, are concerned with the status of land, and are more li…
Islamic Law in a Plural Context
The paper deals with the historical dynamics of the struggle over inheritance law in West Sumatra under the colonial rule of the Dutch Indies. The Minangkabau in West Sumatra are an interesting example of legal pluralism in Muslim societies. Their adat (indigenous law and social organisation) of matrilineal heritage regulated kinship, group affiliation, inheritance of property, and succession to office. Since the sixteenth century they have been …
"Recht und Entwicklung" im Wandel
VRÜ Verfassung und Recht in Übersee , Seite 295 - 308
Verfassungsrechtspluralismus in West-Sumatra
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Basic Assumptions and Hypotheses
Modernes Recht und Traditionelle Gesellschaften
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Some Comments on the Problems of Comparing the Relationship between Traditional and State Systems of Administration of Justice in Africa and Indonesia
(1981). Some Comments on the Problems of Comparing the Relationship between Traditional and State Systems of Administration of Justice in Africa and Indonesia. The Journal of Legal Pluralism and Unofficial Law: Vol. 13, No. 19, pp. 165-175
Property and Social Continuity. Continuity and Change in the Maintenance of Property Relationships through Time in Minangkabau, West Sumatra
Property in Social Continuity. Continuity and Change in the Maintenance of Property Relationship Through Time in Minangkabau, West Sumatra
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Law out of Context
The ways in which local normative systems and processes of decision-making in Third World states have been interpreted and transformed by colonial and postcolonial lawyers, administrators and social scientists have received much scholarly attention. During the past 15 years in particular, the “creation of traditional law” in Africa and the “myth of adapt” in Indonesia have became a special topic in the writing of legal anthropologists, largely in…
Comment on Merry
Merry's comprehensive review shows us how studies of plural normative orderings during the past twenty-five years have greatly enriched our understanding of the complexity of normative structures, their interdependence and the ways in which these structures are involved in human agency. At the same time her review illustrates how little conceptual progress has been made. We do not have a more acute understanding nor a refined conceptual usage of …
Scape-Goat and Magic Charm
(1989). Scape-Goat and Magic Charm. The Journal of Legal Pluralism and Unofficial Law: Vol. 21, No. 28, pp. 129-148
Property, Politics, and Conflict
This essay focuses on factors internal to the organization of social life in two regions of Indonesia to explain differences in patterns of dispute management that occur despite similarities in forums, substantive property categories, and types of disputes-primarily over inheritance and property rights in land. In Minangkabau, where disputes are usually phrased in terms of inherited property, are concerned with the status of land, and are more li…
Old World Places, New World Problems
Adat Law and Legal Anthropology
Hans Holleman was the son of Frederik David Holleman (1887–1958), the renowned adat law scholar. Inspired by his father's concern with the colonial administration of justice in the Netherlands East Indies and in his country of origin, South Africa, Hans Holleman studied Roman-Dutch law and ethnology in South Africa, and 1945 became a research fellow at the Rhodes-Livingstone Institute, Southern Rhodesia (now Zimbabwe). Between 1952 and 1962 he he…
Legal Pluralism and Social Justice in Economic and Political Development
Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a highly political matter, since law determines rights over people and over economic resources - land, forest, water and minerals. The experience of colonia…
Who’s Afraid of Legal Pluralism
Verfassungsrechtspluralismus in West-Sumatra
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Changing Properties of Property
As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those rec…
Changing Properties of Property
Contestations over a life-giving force
Under conditions of legal pluralism, conflicts over water are often played out as conflicts between different legal orders, between the law of the state and local (traditional, customary) legal forms. This chapter discusses some of the characteristic properties of water rights and of conflicts over water and over water rights. It starts with a story about a water conflict in West Sumatra. This story is used later to illustrate some of the complex…
Pluralismus von Recht und Ordnung
Der Beitrag befasst sich mit der Frage, wie sich die Beziehungen zwischen Recht und Ordnung in rechtspluralistischen Kontexten darstellen. Die wechselhafte Geschichte der Minangkabau in West Sumatra, bei denen staatliches, islamisches und traditionelles Adatrecht koexistieren, zeigt, dass die unterschiedlichen Inhalte der Teilrechtsordnungen und die mit ihnen verbundenen Autoritäten zwar nicht notwendigerweise zu sozialen Konflikten führen müssen…
Social Security between Past and Future
Book note for Franz von Benda-Beckmann & Kebeet von Benda-Beckmann. Social Security between Past and Future: Ambonese Networks of Care and Support. Berlin, Lit Verlag, 2007
"Recht und Entwicklung" im Wandel
VRÜ Verfassung und Recht in Übersee , Seite 295 - 308
Myths and stereotypes about adat law
Recent analyses of the 'revitalisation of tradition' have rekindled earlier discussions of the 'creation of customary law' in colonial states. For Indonesia, critics have deconstructed a 'myth of adat', arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that i…
Islamic Law in a Plural Context
The paper deals with the historical dynamics of the struggle over inheritance law in West Sumatra under the colonial rule of the Dutch Indies. The Minangkabau in West Sumatra are an interesting example of legal pluralism in Muslim societies. Their adat (indigenous law and social organisation) of matrilineal heritage regulated kinship, group affiliation, inheritance of property, and succession to office. Since the sixteenth century they have been …
Identity in dispute
The article explores the comparatively peaceful reconstitution of the relationships between law, religion and identification processes among the Minangkabau in West Sumatra, Indonesia, since the fall of the Suharto regime in 1998. The local reorganization of village government and land claims included the revitalization of adat institutions which in turn provoked a reconsideration of the role of Islam, as indeed of the meaning of ‘being Minangkab…
Political and Legal Transformations of an Indonesian Polity
Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after I…
Religion in Disputes
Political science (25 obras) · Law (18 obras) · Sociology (18 obras) · Philosophy (16 obras) · Asian Studies and History (12 obras) · Epistemology (12 obras) · Law (10 obras) · Politics (10 obras) · Legal Studies and Policies (9 obras) · History (7 obras)