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Law, land reform and responsibilisation: A perspective from Malawi’s land question

ISBN: 9781920538330 Year: Pages: 188 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 11:48:41

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About the publicationThe book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State.About the editor:Chikosa M Silungwe PhD Attorney; Consultant; Academic.Table of ContentsAcknowledgmentsDedicationIntroduction1 The context2 Rationale and main argument3 Market as value and land reform modelling3.1 Market as value3.2 Power dimension of land reform3.3 Market-based land reform models3.4 Reflection on market-based land reform modelling4 On responsibilisation5 On method6 Final wordGovernmentality, responsibilisation and the land question1 Thinking theory2 The Foucauldian ‘idea’ of governmentality2.1 Governmentality and analytics of power2.2 Governmentality and law3 ‘Everyday struggles’: Conduct and counter-conduct4 Responsibilisation: A framework for analysis4.1 The nature of hegemonic responsibilisation4.2 The nature people-generated responsibilisation5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi?6 Final word‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question1 The nature of the right to property1.1 Character of a ‘right’1.2 The meaning of ‘property’: The right to property as a social relation2 The right to property in land: An analysis of the ‘customary’ space2.1 The root of the ‘customary’ space2.2 The nature of ‘customary’ (land) tenure3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act4 Final wordGlobal-local policy linkage, responsibilisation and the land question1 Global-local policy linkage1.1 The World Bank’s land policy framework, 20031.2 The national macroeconomic framework as a site of conformity2 National policy interventions in the land question2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 19962.2 The land utilisation studies, 1995-19982.3 The National Land Policy2.4 Intervention of the Malawi Law Commission2.5 The Green Belt Initiative3 Final wordA multiverse of interests and the land question1 The state and the Achikumbe2 The state and the land deprived3 The Achikumbe and the land deprived4 The intra-‘community’ dynamics4.1 The role of chiefs4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived5 The nature of the multiverse6 Final wordLast word: Towards a responsibilised state1 Reiterations2 The nature of people-generated responsibilisation: The basis of the responsibilised state2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation2.2 Counter-conduct and the beneficial interest in land2.3 The land question in the political economy3 The responsibilised state: A restatement4 Final word4.1 The presumptions4.2 The wider angle5 The thesis: a précisBibliography

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