It is safe to say that a sizeable majority of the world's population would agree with the proposition that that property rights are important for political and social stability as well as economic growth. But what happens when the state fails to enforce such rights? Throughout sub-Saharan Africa, this is in fact an endemic problem. In Where There is No Government, Sandra Joireman explains how weak state enforcement regimes have allowed private institutions in sub-Saharan Africa to define and enforce property rights. After delineating the types of actors who step in when the state is absent--traditional tribal leaders, entrepreneurial bureaucrats, NGOs, and violent groups--she argues that the institutions they develop can be helpful or predatory depending on their incentives and context. Because such institutions are neither inherently good nor inherently bad, Joireman develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. By focusing on the varieties of property rights enforcement in Ghana, Kenya and Uganda, Joireman moves beyond simply evaluating the effectiveness of official property rights laws. Provocatively, she also challenges the premise that changes in property law will lead to changes in property rights on the ground. Indeed, states that change their property laws face challenges in implementation when they do not control the authority structures in local communities. Utilizing original research on the competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights, Where There is No Government is a sharp analysis of one of the most daunting challenges facing the African subcontinent today.
Traditional theories of property rights change have posited an evolutionary progression of property rights towards private property in response to changes in the relative price ratio of land compared to the other factors of production. Using case studies from two areas of Ethiopia and one area of Eritrea the dissertation demonstrates the role of political factors such as interest group preference and state intervention in directing property rights development away from a linear path. The case studies trace the development of three separate systems of property rights throughout the twentieth century up to the Ethiopian revolution of 1974. Analysis of history and litigation in the three areas demonstrates that in none did property rights evolve spontaneously towards privatization. In one area of the study relative price changes did not lead to changes in the system of property rights as the theory predicts. In the other two areas, changes in property rights followed a change in the relative price of land, but these changes were brought about exogenously, by the intervention of the government or interest groups in guiding property rights in a particular direction. There are two theoretical conclusions to the study 1) property rights development does not always occur when we expect it to, other factors such as vested interests and government reluctance can intervene with their development and 2) even if property rights do change in response to relative price changes, they may not always move towards privatization or greater specification. In addition, one interesting empirical result of the research was that in communal systems of land tenure the transaction costs of land transfer are higher, leading to a drag on economic efficiency in the overall economy of the region. Generally, the incorporation of political factors into the model of changing property rights leads to a less parsimonious, but more accurate description of the progression of land rights in developing countries in particular.
It is safe to say that a sizeable majority of the world's population would agree with the proposition that that property rights are important for political and social stability as well as economic growth. But what happens when the state fails to enforce such rights? Throughout sub-Saharan Africa, this is in fact an endemic problem. In Where There is No Government, Sandra Joireman explains how weak state enforcement regimes have allowed private institutions in sub-Saharan Africa to define and enforce property rights. After delineating the types of actors who step in when the state is absent--traditional tribal leaders, entrepreneurial bureaucrats, NGOs, and violent groups--she argues that the institutions they develop can be helpful or predatory depending on their incentives and context. Because such institutions are neither inherently good nor inherently bad, Joireman develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. By focusing on the varieties of property rights enforcement in Ghana, Kenya and Uganda, Joireman moves beyond simply evaluating the effectiveness of official property rights laws. Provocatively, she also challenges the premise that changes in property law will lead to changes in property rights on the ground. Indeed, states that change their property laws face challenges in implementation when they do not control the authority structures in local communities. Utilizing original research on the competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights, Where There is No Government is a sharp analysis of one of the most daunting challenges facing the African subcontinent today.
Traditional theories of property rights change have posited an evolutionary progression of property rights towards private property in response to changes in the relative price ratio of land compared to the other factors of production. Using case studies from two areas of Ethiopia and one area of Eritrea the dissertation demonstrates the role of political factors such as interest group preference and state intervention in directing property rights development away from a linear path. The case studies trace the development of three separate systems of property rights throughout the twentieth century up to the Ethiopian revolution of 1974. Analysis of history and litigation in the three areas demonstrates that in none did property rights evolve spontaneously towards privatization. In one area of the study relative price changes did not lead to changes in the system of property rights as the theory predicts. In the other two areas, changes in property rights followed a change in the relative price of land, but these changes were brought about exogenously, by the intervention of the government or interest groups in guiding property rights in a particular direction. There are two theoretical conclusions to the study 1) property rights development does not always occur when we expect it to, other factors such as vested interests and government reluctance can intervene with their development and 2) even if property rights do change in response to relative price changes, they may not always move towards privatization or greater specification. In addition, one interesting empirical result of the research was that in communal systems of land tenure the transaction costs of land transfer are higher, leading to a drag on economic efficiency in the overall economy of the region. Generally, the incorporation of political factors into the model of changing property rights leads to a less parsimonious, but more accurate description of the progression of land rights in developing countries in particular.
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