Franz von Benda-Beckmann

Learn the laws of inheritance and teach them to the people; for they are one half of useful knowledge. t·1ohannned (Fyzee 1955: 329) When the prophet created this aphorism he had in mind the rules of in heritance law revealed to him by Allah. We could apply it to social an thropology as well sincethe inheritance of property and the succession to positions of socio-political authority are among the most important elements of social organization. They are the vehicles of continuity which maintain property and authority through time. In many societies, and particularly in those generally studied by anthropologists, inherit ance and succession are closely interconnected with kinship and descent and provide the economic and political substance for the existence and continuity of kinship- or descent-based social groups. They are, as it were, the flesh on the bare bones of kinship relations. The importance of inheritance has, of course, not escaped the notice of social and legal anthropologists, and in recent years several studies have ably demonstrated the point (Radcliffe-Brown 1952, Goodenough 1951, Leach 1961 b, Goody 1962, Lloyd 1962, Gray and Gulliver (eds. ) 1964, Derrett (ed. ) 1965, Gluckman 1972, Moore 1969, Burling 1974). Yet in general, property and inheritance have rather been treated as an appendix to economic and kinship studies.

Continuity and Change in the Maintenance of Property Relationships Through Time in Minangkabau, West Sumatra

Property in Social Continuity

Keebet von Benda-Beckmann

Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.

The Nagari from Colonisation to Decentralisation

Political and Legal Transformations of an Indonesian Polity

Melanie Wiber

As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.

Changing Properties of Property

Explores the relationships between matrilineal, Islamic and state law and investigates the dynamics of legal pluralism, governance and property relationships.

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Franz von Benda-Beckmann

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