Real Legal Certainty and Its Relevance

Essays in Honour of Jan Michiel Otto
Erscheinungsjahr 2018
ISBN: 978-90-8728-315-5
Verlag: Leiden University Press

Buch, Englisch, 260 Seiten, Format (B × H): 233 mm x 155 mm, Gewicht: 430 g

Reihe: Law, Governance, and Development

The concept of ‘real legal certainty’ provides a much needed corrective to the general attention for legal certainty in this day and age. It emphasises relations between citizens, adds socio-legal insight, provides a ‘view from below,’ and thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University’s professor of Law and Governance in Developing countries Jan Michiel Otto, and can be considered a central pillar of his work. Against the backdrop of an ever-increasing interest in ‘legal certainty’ in policy-making and academia, friends and colleagues of Jan Michiel Otto engage with the concept provide a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking into account actors other than the state. In all, the edited volume is important reading for all whom share professor Otto’s interest in what it takes to bridge law in the books and law in action.

Autoren/Hrsg.

Bedner, Adriaan

Oomen, Barbara

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

Contents
Abbreviations
The Relevance of Real Legal Certainty – An Introduction
B. Oomen and A. Bedner
Getting Real: Considering Legal Certainty from Below
1 Addressing Adverse Formalisation: The Land Question in Outer Island Indonesia
J.F. McCarthy, K. Robinson, and A. Dhiaulhaq
2 Can Free, Prior and Informed Consent (FPIC) Create Legal Certainty for Hunter-Gatherers?
G.A. Persoon and T. Minter
3 The Constitutional Dimensions of Decentralisation and Local Self-Government in Asia
A. Harding
4 Indeterminacy, Uncertainty, and Insecurity
K. von Benda-Beckmann
Supporting the State: The Relevance of Institution Building
5 The Uncertain Future of Legal Reforms in China’s New Era
J. Chen
6 The Role of Local Bureaucrats in the Law-making Process
R. Simarmata
7 Law’s Catch-22: Understanding Legal Failure Spatially
B. van Rooij
8 Missions Impossible to Try Rwandan Genocide Suspects?
N. Huls
Other Actors: Widening the Scope
9 Traditional Leadership and Customary Law in Capitalist Liberal Democracies in Africa
J.M. Ubink
10 Capacity Development of Civil Society in a Fragile Context: Dutch Donor Interventions in the East of the Democratic Republic of Congo
C. Jacobs
11 Inheritance Rights and Gender Justice in Contemporary Indonesia
S. Irianto
12 The Role of Sharia in Lawmaking: The Case of Libya
S. Ibrahim
References
List of Contributors

Über Autor(innen)

Oomen, Barbara
Barbara Oomen holds a chair in the Sociology of Human Rights at Utrecht University, and teaches at University College Roosevelt in Middelburg. Her PhD research, on traditional authorities in South Africa, was supervised by prof. Otto. Since, she has worked on transitional justice, legal pluralism, human rights in the Netherlands and human rights cities at the University of Amsterdam, Columbia University and the European University Institute in Florence.

Bedner, Adriaan
Adriaan Bedner is a professor of Law and Society in Indonesia at the Van Vollenhoven Institute (Leiden University). He wrote his PhD about administrative courts in Indonesia under the supervision of Jan Michiel Otto and has continued to collaborate with the latter for almost 20 years on numerous PhD-projects, the INSELA-project on environmental law in Indonesia, the INDIRA-project on land law issues, socio-legal teaching projects in Indonesia and many other things.