The social origins of property and contract : a study of East Africa before 1918
The thesis examines the social basis of the property and contractual relations of social groups in German East Africa. Chapter 1 oonsiders property relations arising principally from the labour of the producer. Social groups characterised by a communal mode of production are subdivided into shifting and stable sub-forms. In the first form, production units comprise production communities and family work-teams. In contrast to Meillassoux's study of the Guro, property relations are realised atthe level of the work-team. Land tenure in the two sub-forms differs, reflecting distinct practices in agriculture and labour organisation. Chapter 2 examines property relations arising from the direct appropriation of surplus labour by non-producers. Tributary and feudal modes of production are distinguished. Forms of tribute are examined. The 'bundle of rights' concept and Honore's theory of ownership are criticised. Chapter 3 concerns the social dissolution of the two previous forms of property due to the growth of commodity relations. Forms of sale, lease and mortgage are examined. The notion of 'absolute title' is analysed and comparisons with English Law made. Chapter 4 is a theoretical study of forms of exchange
Lyall, Andrew Bremner
DT Africa ; K Law (General)
The social origins of property and contract : a study of East Africa before 1918. The thesis examines the social basis of the property and contractual relations of social groups in German East Africa. Chapter 1 oonsiders property relations arising principally from the labour of the producer. Social groups characterised by a communal mode of production are subdivided into shifting and stable sub-forms. In the first form, production units comprise production communities and family work-teams. In contrast to Meillassoux's study of the Guro, property relations are realised atthe level of the work-team. Land tenure in the two sub-forms differs, reflecting distinct practices in agriculture and labour organisation. Chapter 2 examines property relations arising from the direct appropriation of surplus labour by non-producers. Tributary and feudal modes of production are distinguished. Forms of tribute are examined. The 'bundle of rights' concept and Honore's theory of ownership are criticised. Chapter 3 concerns the social dissolution of the two previous forms of property due to the growth of commodity relations. Forms of sale, lease and mortgage are examined. The notion of 'absolute title' is analysed and comparisons with English Law made. Chapter 4 is a theoretical study of forms of exchange
social origins property contract study east_africa examines social basis property contractual relation social_group german east_africa property_relation arise principally labour producer social_group characterise communal mode_production subdivide shift stable sub forms first form production unit comprise production community family work contrast study property_relation realise level work team land_tenure sub forms differs reflect distinct practice agriculture labour_organisation examines property_relation arise direct appropriation surplus labour non tributary feudal mode_production distinguish forms tribute examine bundle right concept theory ownership criticise concern social dissolution previous form property due growth commodity relation forms sale lease mortgage examine notion absolute title analysed comparison english law make theoretical study form exchange