Legal Pluralism and Critical Social Analysis
No Thumbnail Available
Date
2024
Authors
Journal Title
Journal ISSN
Volume Title
Advisor
Abstract
Superseding the ambiguous distinctions between formal and informal
or between de facto and de jure rights developed in water
studies, the study of water rights got a new lease on life when
Franz and Keebet von Benda-Beckmann proposed a distinction
between categorical and concrete rights. While this approach
apparently explains the social embodiment of state, customary, or
local normative formulations, a closer examination shows that
water rights are not enacted as enforceable entitlements but constantly
(re)negotiated at every water turn. Thus, the fluid and contingent
social life of water rights in Farmer-Managed Irrigation
Systems (FMIS) is best understood in terms of their contractual
character.
Description
Keywords
Franz and Keebet von Benda-Beckmann, water rights, negotiation, contractualism FMIS