Abstract

The attached document is a full abstract of an article in which I argue that legal, economic, symbolic, psychological and other understandings of real property rights in India are best analyzed through examining both the law as experienced and the social norms which people hold in relation to property. As such, I draw from various examples relating to the experience of people with law and their values regarding their property throughout this project. My aim in presenting the various examples is to demonstrate how these two dimensions (referred to together in this paper as an analysis “from below”) are integral to studying the property rights regime in India. I also argue that analysis of this kind, specifically with regards to social norms, assists in understanding the under-recognized relationships that many people have with their land, and the ensuing resistance to formal law.

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