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How Does Legal Culture Matter for Climate Mobilities? A Case Study in an Unplanned Coastal Settlement in Urban Mozambique

Halliday, Simon ; Hoddy, Eric LU ; Ensor, Jonathan ; Wamsler, Christine LU orcid ; Boyd, Emily LU and Macome, Amelia (2024) In Social and Legal Studies
Abstract

This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned... (More)

This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned symbiotically, allowing residents of unplanned settlements to mitigate the effects of climate risks. This apparent paradox is explained through the analytical lenses of jurisdiction, scale and temporality. We also argue that this ‘ecosystem’ of land laws can only fully be understood within the broader context of Mozambique's political economy, which attracts foreign investment and promotes urban development, often at the expense of those living in unplanned settlements. Future research into the significance of legal culture for climate mobilities must not only be attuned to the plurality of legal orders in play but also consider the scales and temporalities through which they operate. Furthermore, they must also interrogate the interplay between law and broader political, economic and social contexts.

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author
; ; ; ; and
organization
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
climate change, climate mobilities, informal settlement, land law, legal culture, Mozambique
in
Social and Legal Studies
publisher
SAGE Publications
external identifiers
  • scopus:85206879599
ISSN
0964-6639
DOI
10.1177/09646639241288822
language
English
LU publication?
yes
additional info
Publisher Copyright: © The Author(s) 2024.
id
ad0aa59c-b953-43e5-915a-eb336c3febf4
date added to LUP
2024-12-18 17:30:37
date last changed
2025-04-04 13:57:44
@article{ad0aa59c-b953-43e5-915a-eb336c3febf4,
  abstract     = {{<p>This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned symbiotically, allowing residents of unplanned settlements to mitigate the effects of climate risks. This apparent paradox is explained through the analytical lenses of jurisdiction, scale and temporality. We also argue that this ‘ecosystem’ of land laws can only fully be understood within the broader context of Mozambique's political economy, which attracts foreign investment and promotes urban development, often at the expense of those living in unplanned settlements. Future research into the significance of legal culture for climate mobilities must not only be attuned to the plurality of legal orders in play but also consider the scales and temporalities through which they operate. Furthermore, they must also interrogate the interplay between law and broader political, economic and social contexts.</p>}},
  author       = {{Halliday, Simon and Hoddy, Eric and Ensor, Jonathan and Wamsler, Christine and Boyd, Emily and Macome, Amelia}},
  issn         = {{0964-6639}},
  keywords     = {{climate change; climate mobilities; informal settlement; land law; legal culture; Mozambique}},
  language     = {{eng}},
  publisher    = {{SAGE Publications}},
  series       = {{Social and Legal Studies}},
  title        = {{How Does Legal Culture Matter for Climate Mobilities? A Case Study in an Unplanned Coastal Settlement in Urban Mozambique}},
  url          = {{http://dx.doi.org/10.1177/09646639241288822}},
  doi          = {{10.1177/09646639241288822}},
  year         = {{2024}},
}