Abstract
In Where There is No Government, Sandra Joireman argues that privately ordered institutions in three common law countries (Uganda, Kenya and Ghana) persist in providing competing enforcement mechanisms for property rights in areas where property rights are poorly defined and state-sponsored institutions fail to resolve disputes and enforce contracts.
This book is a brilliant example of case study, using multiple sources of evidence – primarily document analysis, survey and interviews – to describe and interpret the phenomenon of non-governmental mechanisms for property rights enforcement in common law Africa.
In order to assess whether or not services provided by non-state institutions are beneficial to communities or harmful, each chapter of this book concludes with the use of the five assessment criteria presented in chapter 1 (predictability, accessibility, equity, effectiveness and restraint) to interpret and evaluate the provision of social welfare by each type of enforcement mechanism: customary leaders (ch. 2); bureaucratic entrepreneurs (ch. 3); NGOs (ch. 4); and specialists in violence (ch. 5).
The literature on privately ordered non-state justice systems (NSJSs) as well as the ‘property rights theory of mafia emergence’ indicates that where property rights are ambiguously defined and state enforcement mechanisms are weak or absent, privately ordered institutions can function as quasi-governmental organisations that are uniquely suited to local needs for private protection. Building on intensive interview data collection, Joireman makes a new contribution by demonstrating that the occurrence of privately ordered institutions ‘does not necessarily lead to optimal outcomes in terms of social welfare’ (p. 156) as non-state actors might be predatory, illegal or inequitable.
Chapter 6 contains the heart of Joireman's argument, presenting one case study as her main example: property rights enforcement in the Kibera settlement in Kenya. Drawing on interviews and focus group discussions, Joireman succeeds in challenging a traditional understanding of the geography of state power, identifying a complex web of mechanisms for contract enforcement and property protection, and illuminating that organically developed institutions may not be superior to those supplied by the state.
Joireman's book suggests an innovative approach to the study of property rights and local-level governance, and provides a useful model for the evaluation of social institutions in both content and design. The strongest feature of this book is its high-quality writing combined with an excellent theoretical framework, making it a ‘must read’ for students, scholars and practitioners interested in exploring why non-state protection and enforcement mechanisms occur and how to evaluate them.