Rules of law and laws of Ruling This page has been left blank intentionally Rules of law and laws of Ruling on the governance of law Edited by fRanz von Benda-Beckmann, keeBet von Benda-Beckmann and Julia eckeRt Max Planck Institute for Social Anthropology, Germany © franz von Benda-Beckmann, keebet von Benda-Beckmann and Julia eckert 2009 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. franz von Benda-Beckmann, keebet von Benda-Beckmann and Julia eckert have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by ashgate Publishing limited ashgate Publishing company wey court east suite 420 union Road 101 cherry street farnham Burlington surrey, gu9 7Pt vt 05401-4405 england usa www.ashgate.com British Library Cataloguing in Publication Data Rules of law and laws of ruling : on the governance of law. - (law, justice and power series) 1. ethnological jurisprudence 2. legal polycentricity 3. Rule of law i. Benda-Beckmann, franz von ii. Benda-Beckmann, keebet von iii. eckert, Julia m. 340.1'15 Library of Congress Cataloging-in-Publication Data Benda-Beckmann, franz von. Rules of law and laws of ruling : on the governance of law / by franz von Benda- Beckmann, keebet von Benda-Beckmann and Julia eckert. p. cm. -- (series: law, justice, and power) includes bibliographical references and index. isBn 978-0-7546-7239-5 -- isBn 978-0-7546-9132-7 (ebook) 1. Rule of law. 2. sociological jurisprudence. 3. administrative law. i. Benda-Beckmann, keebet von. ii. eckert, Julia. iii. title. k3171.B45 2009 340'.115--dc22 09ANSHT 2008049052 isBn 978 0 7546 7239 5 eisBn 978 07546 9132 7 contents List of Figures vii Notes on Contributors ix Acknowledgements xv 1 Rules of law and laws of Ruling: law and governance between Past and future 1 Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Julia Eckert 2 Reflections on the Anthropology of Law, Governance and sovereignty 31 John L. Comaroff and Jean Comaroff 3 Private military companies and state sovereignty: Regulating transnational flows of violence and capital 61 Diana Sidakis 4 laws of suspicion: legal status, space and the impossibility of separation in the israeli-occupied west Bank 83 Tobias Kelly 5 Ritual and Rule in the Periphery: state violence and local governance in a Peruvian comunidad 101 Monique Nuijten and David Lorenzo 6 government, Business and chiefs: ambiguities of social Justice through land Restitution in south africa 125 Anne Hellum and Bill Derman 7 Re-scaling governance for Better Resource management? 151 Melanie G. Wiber and Arthur Bull 8 the governance of children: from welfare Justice to Proactive Regulation in the scottish children’s Hearings system 171 Anne Griffiths and Randy F. Kandel vi Rules of Law and Laws of Ruling 9 migration and integration of third-country nationals in Europe: The Need for the Development of an Efficient, Effective and legitimate system of governance 191 Marie-Claire Foblets 10 from the Revenue Rule to soft law and Back again: the consequences for ‘society’ of the social governance of international tax competition 217 Bill Maurer 11 the law of the Project: government and ‘good governance’ at the world Bank in indonesia 237 Tania Murray Li 12 corruption as governance? law, transparency and appointment Procedures in italian universities 257 David Nelken Index 279 list of figures 7.1 Shellfish production areas in the province of Nova Scotia, canada (2007) 155 12.1 transparency international’s 2007 corruption Perceptions index 259 This page has been left blank intentionally notes on contributors Franz von Benda-Beckmann is head of the Project group ‘legal Pluralism’ at the max Planck institute for social anthropology in Halle/saale, germany, since 2002 Honorary Professor for legal anthropology at the university of leipzig, and since 2004 Honorary Professor for legal Pluralism at the university of Halle/saale. He holds a Phd in law (1970), and obtained his Habilitation in anthropology at the university of zurich (1979). Before 2000 he was Professor for law in developing Countries at the Agricultural University Wageningen. He has done fieldwork and supervised research in malawi, west sumatra, the moluccas and nepal. He has written and co-edited several books and published widely on issues of property rights, social (in)security and legal pluralism in developing countries, and on legal anthropological theory. He co-edited, together with keebet von Benda-Beckmann and Anne Griffiths, Mobile People, Mobile Law: Expanding Legal Relations in a Contracting World (ashgate 2005), and with keebet von Benda-Beckmann and melanie g. wiber, Changing Properties of Property (Berghahn 2006). He published Social Security between Past and Future: Ambonese Networks of Care and Support (lit verlag 2007) jointly with keebet von Benda-Beckmann. Keebet von Benda-Beckmann is head of the Project group ‘legal Pluralism’ at the max Planck institute for social anthropology in Halle/saale, germany, since 2003 Honorary Professor for legal anthropology at the university of leipzig, and since 2004 Honorary Professor for legal Pluralism at the university of Halle/saale. she has carried out research in west sumatra and on the moluccan island of ambon, indonesia, and among moluccan women in the netherlands. she has published extensively on dispute resolution, social security in developing countries, property and water rights, decentralization and on theoretical issues in the anthropology of law. she co-edited, together with franz von Benda-Beckmann and Anne Griffiths, Mobile People, Mobile Law: Expanding Legal Relations in a Contracting World (ashgate 2005), and with franz von Benda-Beckmann and melanie g. wiber, Changing Properties of Property (Berghahn 2006). she published Social Security between Past and Future: Ambonese Networks of Care and Support (lit verlag 2007) jointly with franz von Benda-Beckmann. Arthur Bull lives in digby neck in the Bay of fundy region of nova scotia, where he is an associate staff member of the Bay of fundy marine Resource Centre. Over the past fifteen years he has worked with inshore fishermen in the capacity of executive director of the fundy fixed gear council, and President of the Bay of fundy inshore fishermen’s association.