front cover of Land for the People
Land for the People
The State and Agrarian Conflict in Indonesia
Anton Lucas
Ohio University Press, 2013

Half of Indonesia’s massive population still lives on farms, and for these tens of millions of people the revolutionary promise of land reform remains largely unfulfilled. The Basic Agrarian Law, enacted in the wake of the Indonesian revolution, was supposed to provide access to land and equitable returns for peasant farmers. But fifty years later, the law’s objectives of social justice have not been achieved.

Land for the People provides a comprehensive look at land conflict and agrarian reform throughout Indonesia’s recent history, from the roots of land conflicts in the prerevolutionary period and the Sukarno and Suharto regimes, to the present day, in which democratization is creating new contexts for people’s claims to the land. Drawing on studies from across Indonesia’s diverse landscape, the contributors examine some of the most significant issues and events affecting land rights, including shifts in policy from the early postrevolutionary period to the New Order; the Land Administration Project that formed the core of land policy during the late New Order period; a long-running and representative dispute over a golf course in West Java that pitted numerous local farmers against the government and local elites; Suharto’s notorious “million hectare” project that resulted in loss of access to land and resources for numerous indigenous farmers in Kalimantan; and the struggle by Bandung’s urban poor to be treated equitably in the context of commercial land development. Together, these essays provide a critical resource for understanding one of Indonesia’s most pressing and most influential issues.

Contributors: Afrizal, Dianto Bachriadi, Anton Lucas, John McCarthy, John Mansford Prior, Gustaaf Reerink, Carol Warren, and Gunawan Wiradi.

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Law & Capitalism
What Corporate Crises Reveal about Legal Systems and Economic Development around the World
Curtis J. Milhaupt and Katharina Pistor
University of Chicago Press, 2008
Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth.
            Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
 
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Law and the Economy in a Young Democracy
India 1947 and Beyond
Tirthankar Roy and Anand V. Swamy
University of Chicago Press, 2021
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule.

Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.

Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor.

Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
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Law and the Economy in Colonial India
Tirthankar Roy and Anand V. Swamy
University of Chicago Press, 2021
Since the economic reforms of the 1990s, India’s economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it’s widely acknowledged that India’s legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth?
           
Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
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Left Behind
Latin America and the False Promise of Populism
Sebastian Edwards
University of Chicago Press, 2010

The political and economic history of Latin America has been marked by great hopes and even greater disappointments. Despite abundant resources—and a history of productivity and wealth—in recent decades the region has fallen further and further behind developed nations, surpassed even by other developing economies in Southeast Asia and elsewhere.

In Left Behind, Sebastian Edwards explains why the nations of Latin America have failed to share in the fruits of globalization and forcefully highlights the dangers of the recent turn to economic populism in the region. He begins by detailing the many ways Latin American governments have stifled economic development over the years through excessive regulation, currency manipulation, and thoroughgoing corruption. He then turns to the neoliberal reforms of the early 1990s, which called for the elimination of deficits, lowering of trade barriers, and privatization of inefficient public enterprises—and which, Edwards argues, held the promise of freeing Latin America from the burdens of the past. Flawed implementation, however, meant the promised gains of globalization were never felt by the mass of citizens, and growing frustration with stalled progress has led to a resurgence of populism throughout the region, exemplified by the economic policies of Venezuela’sHugo Chávez. But such measures, Edwards warns, are a recipe for disaster; instead, he argues, the way forward for Latin America lies in further market reforms, more honestly pursued and fairly implemented. As an example of the promise of that approach, Edwards points to Latin America's giant, Brazil, which under the successful administration of President Luis Inácio da Silva (Lula) has finally begun to show signs of reaching its true economic potential.

As the global financial crisis has reminded us, the risks posed by failing economies extend far beyond their national borders. Putting Latin America back on a path toward sustained growth is crucial not just for the region but for the world, and Left Behind offers a clear, concise blueprint for the way forward.

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front cover of Legacies, Logics, Logistics
Legacies, Logics, Logistics
Essays in the Anthropology of the Platform Economy
Jane I. Guyer
University of Chicago Press, 2016
Legacies, Logics, Logistics brings together a set of essays, written both before and after the financial crisis of 2007–08, by eminent Africanist and economic anthropologist Jane I. Guyer. Each was written initially for a conference on a defined theme. When they are brought together and interpreted as a whole by Guyer, these varied essays show how an anthropological and socio-historical approach to economic practices—both in the West and elsewhere—can illuminate deep facets of economic life that the big theories and models may fail to capture.

Focusing on economic actors—whether ordinary consumers or financial experts—Guyer traces how people and institutions hold together past experiences (legacies), imagined scenarios and models (logics), and situational challenges (logistics) in a way that makes the performance of economic life (on platforms made of these legacies, logics, and logistics) work in practice. Individual essays explore a number of topics—including time frames and the future, the use of percentages in observations and judgments, the explanation of prices, the coexistence of different world currencies, the reapplication of longtime economic theories in new settings, and, crucially, how we talk about the economy, how we use stable terms to describe a turbulent system. Valuable as standalone pieces, the essays build into a cogent method of economic anthropology. 
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