Files
Abstract
Conventional conceptions of property rights focus on static definitions of property
rights, usually as defined in statutory law. However, in practice there is co-existence and
interaction between multiple legal orders such as state, customary, religious, project and
local laws, all of which provide bases for claiming property rights. Legal anthropological
approaches that recognize this legal pluralism are helpful in understanding this
complexity. Individuals may choose one or another of these legal frameworks as the
basis for their claims on a resource, in a process referred to as “forum shopping.” Legal
pluralism can create uncertainty especially in times of conflict because any individual is
unlikely to have knowledge of all types of law that might be relevant, and because rival
claimants can use a large repertoire to lay claim to a resource. However, at the same time
the multiple legal frameworks facilitate considerable flexibility for people to maneuver in
their use of natural resources. Legal pluralism also introduces a sense of dynamism in
property rights, as the different legal frameworks do not exist in isolation, but influence
each other, and can change over time. Unless these aspects of property rights are
recognized, changes in statutory law intended to increase tenure security may instead
increase uncertainty, especially for groups with less education and contacts. This paper
illustrates the implications of legal pluralism for our understanding of natural resource
management and policies toward resource tenure, using the example of water rights.