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Library Legal pluralism, gendered discourses, and hybridity in land-titling practices in Cambodia

Legal pluralism, gendered discourses, and hybridity in land-titling practices in Cambodia

Legal pluralism, gendered discourses, and hybridity in land-titling practices in Cambodia

Resource information

Date of publication
december 2017
Resource Language
ISBN / Resource ID
MLRF:2510
Pages
200-227

This article describes and analyses the tensions, ambivalence, and hybridity that prevail in the nexus between discourses of gender and the legal pluralism of the new, formalized, and customary ways of handling land titles. Based on empirical research in Cambodia, it reveals a number of mechanisms, challenges, and inconsistencies in the practice of land-titling. Foremost, the practice of titling seems to be highly informed by local discourses of marriage, family, gender, and age, which all affect to whom land is assigned; this leaves a hybrid construction in the nexus between statutory law and customary practices. The article departs from this observation and adds three contributions - on a theoretical level - to existing research: by incorporating the dimensions of discourse analysis and legal hybridity, by linking the concept of legal pluralism to the process of hybridization, and by introducing the notion of hybridity of implementation as a supplement to hybridity of law.

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Authors and Publishers

Author(s), editor(s), contributor(s)

Baaz, Mikael
Lilja, Mona
Östlund, Allison

Geographical focus