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Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty

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Resumo:With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.
Autores principais:Ubink, Janine
Outros Autores:Almeida, Bernardo
Assunto:areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
Ano:2023
País:Portugal
Tipo de documento:artigo
Tipo de acesso:unknown
Instituição associada:Cogitatio Press
Idioma:inglês
Origem:Politics and Governance
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author Ubink, Janine
author2 Almeida, Bernardo
author2_role author
author_facet Ubink, Janine
Almeida, Bernardo
author_role author
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datacite.creators.creator.creatorName.fl_str_mv Ubink, Janine
Almeida, Bernardo
datacite.rights.fl_str_mv http://purl.org/coar/access_right/c_abf2
datacite.subjects.subject.fl_str_mv areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
datacite.titles.title.fl_str_mv Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
dc.creator.none.fl_str_mv Ubink, Janine
Almeida, Bernardo
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv https://doi.org/10.17645/pag.v11i2.6488
dc.language.none.fl_str_mv eng
dc.publisher.none.fl_str_mv Cogitatio Press
dc.rights.none.fl_str_mv http://purl.org/coar/access_right/c_abf2
dc.rights.rights.copyright.fl_str_mv https://creativecommons.org/licenses/by/4.0
dc.source.none.fl_str_mv Politics and Governance; Vol 11, No 2 (2023): Local Self-Governance and Weak Statehood: A Convincing Liaison?; 357-367
2183-2463
dc.subject.none.fl_str_mv areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
dc.title.fl_str_mv Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
dc.type.none.fl_str_mv http://purl.org/coar/resource_type/c_6501
description With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.
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Almeida, Bernardo
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spelling en-USLocal Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of UncertaintyUbink, JanineAlmeida, Bernardoareas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South SudanCopyright (c) 2023 Janine Ubink, Bernardo Almeidahttp://purl.org/coar/access_right/c_abf2https://doi.org/10.17645/pag.v11i2.6488DOIhttps://www.cogitatiopress.com/politicsandgovernance/article/view/6488URLHasVersionhttps://www.cogitatiopress.com/politicsandgovernance/article/view/6488/6488URLHasVersionhttps://doi.org/10.17645/pag.v11i2.6488DOI2023-06-15en-USWith governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.Cogitatio Pressapplication/pdfen-USPolitics and Governance; Vol 11, No 2 (2023): Local Self-Governance and Weak Statehood: A Convincing Liaison?; 357-3672183-2463engjournal articlehttp://purl.org/coar/resource_type/c_6501literatureVoRhttp://purl.org/coar/version/c_970fb48d4fbd8a85https://creativecommons.org/licenses/by/4.0
spellingShingle Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
Ubink, Janine
areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
status SINGLETON
status_str VoR
subject.fl_str_mv areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
title Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
title_full Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
title_fullStr Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
title_full_unstemmed Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
title_short Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
title_sort Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty
topic areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
topic_facet areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan
url https://doi.org/10.17645/pag.v11i2.6488
visible 1