Conflict, Negotiations and Natural Resource Management
A Legal Pluralism Perspective from India
Edited by J.M. Bavinck, Amalendu Jyotishi, Sushanta Mahapatra
Routledge – 2014 – 320 pages
This collection brings a diverse range of approaches to the question of pluralism, property and natural resource management in South East Asia. This significant contribution to the rapidly growing body of literature exploring indigenous people, legal pluralism, land rights and environmentalism is a timely and persuasive overview of the fundamental role of property rights in shaping how people manage natural resources.
Whereas much has been said about property rights with a focus on static definitions, this unique collection looks at the legal anthropological perspective, highlighting the coexistence and interaction between multiple legal orders such as state, customary, religious, project and local laws – all of which provide bases for claiming property rights. These multiple legal frameworks also facilitate considerable flexibility for people to adapt their use of natural resources and to cope with uncertainty. Contributions to this volume reveal various shades and applications of legal pluralism concepts in natural resource management, covering resources including forest, water, fisheries and agriculture.
This brand new research will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
Introduction, Maarten Bavinck and Amalendu Jyotishi 1. Law-breakers and Law-makers: Critical Legal Pluralism, Normative Subjects and Ecological Regimes in India, D. Parthasarathy 2. The Godavarman Judgment: Erasing the Plurality of Land Use in Gudalur, Tamil Nadu, Ajit Menon 3. Iron Smelting during Colonial India: Identifying Plurality in resource management, Sashi Sivramkrishna and Amalendu Jyotishi 4. Land, Law and Resistance: Legal Pluralism and Tribal Conflicts over Land Alienation in Odisha, Satyapriya Rout 5. Handling fishery conflicts in the context of legal pluralism –a case-study analysis of street-level bureaucracy in Tamil Nadu, India, Maarten Bavinck 6. Fisheries in Gujarat from a legal pluralist perspective, Derek Johnson 7. Conflicts over space and resources in Chilika Lake, Prateep Nayak 8. Mining in India: a legal pluralism challenge (working title), Kuntala Lahiri-Dutt 9. Legal pluralism and the governability of fisheries and coastal systems Svein Jentoft
Amalendu Jyotishi is an Associate Professor at Amrita School of Business, Amrita University, India.
Sushanta Mahapatra is an Associate Professor at Amrita School of Business, Amrita University, India.
Maarten Bavinck is an Associate Professor at the Department of Human Geography, Planning and International Development Studies of the University of Amsterdam, The Netherlands.