File Download
There are no files associated with this item.
Supplementary
-
Citations:
- Appears in Collections:
Article: Fragmented Laws, Contingent Choices: The Tragicomedy of the Village Commons in China
Title | Fragmented Laws, Contingent Choices: The Tragicomedy of the Village Commons in China |
---|---|
Authors | |
Keywords | Small Property Social Norms Commons Co-Evolution Collective Land Governance |
Issue Date | 2019 |
Publisher | Duke University, School of Law. The Journal's web site is located at http://www.law.duke.edu/journals/djcil/ |
Citation | Duke Journal of Comparative and International Law, 2019, v. 29 n. 2 How to Cite? |
Abstract | This paper focuses on how the small-property norms interact with the fragmented and layered Chinese property laws. Defining the direct conflict between law and social norms as a tragedy and their reconciliation as a comedy, this paper serves as a case study of the mixture of tragedies and comedies of collective land governance in China. The term tragicomedy is to capture such a mixture. This paper presents two opposite stories of small property: one village co-op is captured by a mafia and the consequent mafia-style small property business is maintained through violence and the bribing of government officials; the other is a village co-op that from time to time takes actions “in the name of law” in their bargaining for legal property rights with the government and with a hold-out couple who refused to submit their “nailhouse” to the village co-op for redevelopment. This paper reveals that the different identities that village leaders simultaneously assume under different social control systems are key to understanding the co-evolution of property law and norms. It also highlights the essential roles of the laws and communities’ legal strategies in governing the commons. |
Persistent Identifier | http://hdl.handle.net/10722/255159 |
ISSN | |
SSRN |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Qiao, S | - |
dc.date.accessioned | 2018-06-28T02:35:34Z | - |
dc.date.available | 2018-06-28T02:35:34Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Duke Journal of Comparative and International Law, 2019, v. 29 n. 2 | - |
dc.identifier.issn | 1053-6736 | - |
dc.identifier.uri | http://hdl.handle.net/10722/255159 | - |
dc.description.abstract | This paper focuses on how the small-property norms interact with the fragmented and layered Chinese property laws. Defining the direct conflict between law and social norms as a tragedy and their reconciliation as a comedy, this paper serves as a case study of the mixture of tragedies and comedies of collective land governance in China. The term tragicomedy is to capture such a mixture. This paper presents two opposite stories of small property: one village co-op is captured by a mafia and the consequent mafia-style small property business is maintained through violence and the bribing of government officials; the other is a village co-op that from time to time takes actions “in the name of law” in their bargaining for legal property rights with the government and with a hold-out couple who refused to submit their “nailhouse” to the village co-op for redevelopment. This paper reveals that the different identities that village leaders simultaneously assume under different social control systems are key to understanding the co-evolution of property law and norms. It also highlights the essential roles of the laws and communities’ legal strategies in governing the commons. | - |
dc.language | eng | - |
dc.publisher | Duke University, School of Law. The Journal's web site is located at http://www.law.duke.edu/journals/djcil/ | - |
dc.relation.ispartof | Duke Journal of Comparative and International Law | - |
dc.subject | Small Property | - |
dc.subject | Social Norms | - |
dc.subject | Commons | - |
dc.subject | Co-Evolution | - |
dc.subject | Collective Land Governance | - |
dc.title | Fragmented Laws, Contingent Choices: The Tragicomedy of the Village Commons in China | - |
dc.type | Article | - |
dc.identifier.email | Qiao, S: justqiao@hku.hk | - |
dc.identifier.authority | Qiao, S=rp01949 | - |
dc.identifier.hkuros | 301356 | - |
dc.identifier.volume | 29 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 235 | - |
dc.identifier.epage | 275 | - |
dc.publisher.place | United States | - |
dc.identifier.ssrn | 3174721 | - |
dc.identifier.hkulrp | 2018/028 | - |
dc.identifier.issnl | 1053-6736 | - |