{"title":"后共产主义罗马尼亚的政权更迭与产权意识","authors":"Mihaela Şerban","doi":"10.1111/lsi.12286","DOIUrl":null,"url":null,"abstract":"<p>This article analyzes rights consciousness as distinct from legal consciousness, and uses the post-1989 housing restitution in Romania to study property rights consciousness as a type of rights consciousness. I argue that property rights consciousness is only partially an outcome of state power and the political regime, and that rights consciousness more generally must be explicitly analyzed beyond formal rights, legal mobilization, and litigation. I explore sources of rights consciousness for former owners and their heirs, state tenants, and lawyers. Sources of rights consciousness include state policies under distinct property regimes, value systems and ideologies, history, identity, practices, supranational actors, and expectations of what rights can deliver. I find clear distinctions between legal and rights consciousness, as well as variations between and within the groups. The article is based on extensive archival research, interviews conducted in the city of Timişoara, Romania, textbooks, academic articles, and court decisions pre- and post-1989.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 3","pages":"732-763"},"PeriodicalIF":1.4000,"publicationDate":"2017-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12286","citationCount":"1","resultStr":"{\"title\":\"Regime Change and Property Rights Consciousness in Postcommunist Romania\",\"authors\":\"Mihaela Şerban\",\"doi\":\"10.1111/lsi.12286\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article analyzes rights consciousness as distinct from legal consciousness, and uses the post-1989 housing restitution in Romania to study property rights consciousness as a type of rights consciousness. I argue that property rights consciousness is only partially an outcome of state power and the political regime, and that rights consciousness more generally must be explicitly analyzed beyond formal rights, legal mobilization, and litigation. I explore sources of rights consciousness for former owners and their heirs, state tenants, and lawyers. Sources of rights consciousness include state policies under distinct property regimes, value systems and ideologies, history, identity, practices, supranational actors, and expectations of what rights can deliver. I find clear distinctions between legal and rights consciousness, as well as variations between and within the groups. The article is based on extensive archival research, interviews conducted in the city of Timişoara, Romania, textbooks, academic articles, and court decisions pre- and post-1989.</p>\",\"PeriodicalId\":47418,\"journal\":{\"name\":\"Law and Social Inquiry-Journal of the American Bar Foundation\",\"volume\":\"43 3\",\"pages\":\"732-763\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2017-02-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1111/lsi.12286\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Social Inquiry-Journal of the American Bar Foundation\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/lsi.12286\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Social Inquiry-Journal of the American Bar Foundation","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/lsi.12286","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Regime Change and Property Rights Consciousness in Postcommunist Romania
This article analyzes rights consciousness as distinct from legal consciousness, and uses the post-1989 housing restitution in Romania to study property rights consciousness as a type of rights consciousness. I argue that property rights consciousness is only partially an outcome of state power and the political regime, and that rights consciousness more generally must be explicitly analyzed beyond formal rights, legal mobilization, and litigation. I explore sources of rights consciousness for former owners and their heirs, state tenants, and lawyers. Sources of rights consciousness include state policies under distinct property regimes, value systems and ideologies, history, identity, practices, supranational actors, and expectations of what rights can deliver. I find clear distinctions between legal and rights consciousness, as well as variations between and within the groups. The article is based on extensive archival research, interviews conducted in the city of Timişoara, Romania, textbooks, academic articles, and court decisions pre- and post-1989.