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Surviving property: The making and u...
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Serban, Mihaela.
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Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965).
Record Type:
Language materials, printed : Monograph/item
Title/Author:
Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965)./
Author:
Serban, Mihaela.
Description:
462 p.
Notes:
Source: Dissertation Abstracts International, Volume: 72-01, Section: A, page: 0345.
Contained By:
Dissertation Abstracts International72-01A.
Subject:
History, European. -
Online resource:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3427977
ISBN:
9781124331799
Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965).
Serban, Mihaela.
Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965).
- 462 p.
Source: Dissertation Abstracts International, Volume: 72-01, Section: A, page: 0345.
Thesis (Ph.D.)--New York University, 2010.
For fifty years, communist states in Central and Eastern Europe tried to unmake the hegemony of private property and for the last twenty, post-communist policy-makers have tried to revive it through means such as privatization and restitution. The key assumption underlying each effort has been that the state largely determines law and legal culture. The dissertation challenges this assumption and investigates the extent to which the state influences ideas, practices and processes of using the law.
ISBN: 9781124331799Subjects--Topical Terms:
1018076
History, European.
Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965).
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Surviving property: The making and unmaking of hegemony in law (Romania, 1945-1965).
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462 p.
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Source: Dissertation Abstracts International, Volume: 72-01, Section: A, page: 0345.
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Adviser: Christine B. Harrington.
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Thesis (Ph.D.)--New York University, 2010.
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For fifty years, communist states in Central and Eastern Europe tried to unmake the hegemony of private property and for the last twenty, post-communist policy-makers have tried to revive it through means such as privatization and restitution. The key assumption underlying each effort has been that the state largely determines law and legal culture. The dissertation challenges this assumption and investigates the extent to which the state influences ideas, practices and processes of using the law.
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Drawing conceptually and methodologically from the disciplines of law, sociology, anthropology, political science and history, I examine the survival and re-constitution of private property during the communist regime in Romania at the intersection of state policies, ideologies and legal practices. I investigate the extent to which past property regimes continue to affect beliefs and everyday consciousness about law and contend that law was at the core of reshaping ideas and practices of property during the transition to communism in two significant ways. First, law was a site for continuities and changes in the legal model and mental map of property that resulted in a hybrid conception of private property, drawing from both pre-communist and communist sources. Second, socialist legality was simultaneously characterized by arbitrariness and legality, instrumentalism and autonomy, formalism and anti-formalism. This provided a partially autonomous and legitimate terrain for competing property ideologies, creating a space where citizens engaged the state to resist its efforts and advance their property interests. The case study for the dissertation is urban housing nationalization in the city of Timisoara, Romania. The multi-method field research consists of document and archival research, including previously unknown archival material, court observation and interviews.
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The contributions of this interdisciplinary study include clarifying the extent to which political structures determine legal culture in a non-democratic regime and the impact of law in an authoritarian regime, producing findings about the operation and effects of law in everyday life under communism, and offering a better understanding of the opportunities and challenges of current transitions from communism in the field of politics and property (e.g. China and Cuba).
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http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3427977
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