NDLI: Extralegal Property, Legal Monism, and Pluralism

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Extralegal Property, Legal Monism, and Pluralism

Content Provider	Semantic Scholar
Author	Bonilla, Daniel
Copyright Year	2009
Abstract	This article is divided in two parts. In the first part, I critically analyze the relationship between legal monism and property. The reflections in this first section, therefore, are purely theoretical. In the second part however, I make a shift from theory to practice. In this section I describe and analyze the extralegal property regime that determines the manner in which the inhabitants of the Jerusalen quarter, part of the Ciudad Bolivar district of Bogota, interpret and transfer property. This case study allows me to illustrate the descriptive and normative shortcomings of legal monism, as well as the usefulness of certain tools provided by legal pluralism for comprehending the reality of property as it actually exists in the Global South. Although the conclusions reached in this study cannot be generalized, the notable similarities between the situation of the Jerusalen inhabitants and that of the inhabitants in peripheral quarters of the cities in the global South allow for the articulation of some analogies that may help us to better understand the property problem in this part of the world. At the end of the second part, instead of concluding, I try to bridge the gap between theory and practice. In these final reflections I make use of some of the theoretical tools studied in the first part of the paper in order to comprehend the way by which the state legal system interacts with the legal micro system, which governs in Jerusalen. Similarly, in these final remarks, I offer some reflections on the consequences that the coexistence of two property regimes in the city should and do have.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1030&context=umialr&httpsredir=1&referer=
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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