By Michael Lipton
Land reforms are legislation which are meant, and sure, to chop poverty via elevating the poor's proportion of land rights. That increases questions on estate rights as outdated as ethical philosophy, and problems with potency and equity that dominate coverage from Bolivia to Nepal. This publication builds on a few findings in land reforms in constructing nations.
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Additional info for Land Reform in Developing Countries: Property Rights and Property Wrongs
Sample text
Based on them, owners big and small, including large hereditary landlords, make contracts, often with labourers, buyers, sellers, creditors, charities or poor relations. These, not just landowners, lose if those contracts must be broken due to a land reform. Further, a State, having previously accepted and enforced a person’s land rights, must beware of reneging. Morality apart, it has been argued since Hobbes [1642] that each person makes an implicit contract, surrendering to the State a monopoly of violence, and abandoning his power to seize property, only on the assumption that all others do the same, so the rule of law replaces anarchy.
In many countries, better, more predictable legislation and enforcement have reduced aspects of gender discrimination. However, land injustice to women – and resulting vulnerability and inefficiency – are often culturally (and even religiously) deep-rooted, and highly localised. Practical law enforcement usually bends to such powerful, yet diffused, winds. Deere [1985] showed that, by designating ‘households’ as beneficiaries, most distributivist reforms in Latin America have all too passively adapted to the cultural model in which male household ‘heads’ inherit land; and that collectivist land policies have got land to women only in those rare cases where governments identified and carried through this specific goal.
Ideally outsiders do consult, and their findings depend on evidence and analysis based on law, economics, other social sciences, agronomy or moral philosophy, rather than on hunch, prejudice or anecdote. Governments are legitimate to the extent that they are widely accepted as acting in a national interest, and can be changed if a legitimising body, such Downloaded by [INFLIBNET Centre] at 10:14 23 September 2012 14 Goals as a majority of adults or a parliament representing them, so wishes. Government agencies’ concerns are sometimes assumed to be the same as those of outsiders; both speak of land reforms as being likely, or unlikely, to achieve poverty reduction, efficiency, etc.