6. Water Rights and Legal Pluralism: Some Basics of a Legal Anthropological Approach

H.L.J. Spiertz

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Water Resources and Governance Indigenous Peoples' Rights and Law Water Governance and Infrastructure

Abstract

"The case of irrigation in the Balinese village of Blahpane serves to introduce concepts of legal pluralism. This kind of legal anthropology critiques and reconceives the relations between law and social behavior. The conceptual tools of legal pluralism can improve understanding of water rights, starting from study of local experience amid multiple legal and normative repertoires. The strategic maintenance of subak irrigation rituals, by farmers and government, further illustrates the processes of legal pluralism."

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References

1979Central Problems in Social Theory 1986What is Legal Pluralism?1987Balinese “Water Temples” and the Management of Irrigation 1989Return to Legal Pluralism

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2014Environmental sustainability and legal plurality in irrigation: the Balinese subak 2001Water Rights and Multiple Water Uses – Framework and Application to Kirindi Oya Irrigation System Sri Lanka 2004The Hindu Succession act: One Law, Plural Identities 2009Assessment of the potential for hydro-solidarity within plural legal conditions of traditional irrigation systems in northern Tanzania

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