Legal Technologies of Primitive Accumulation: Judicial Robbery and Dispossession‐by‐Restitution in Warsaw

Among the ‘extra‐economic means’ that facilitate primitive accumulation, or accumulation by dispossession, the law plays a prominent role. But works on neoliberal urban restructuring rarely engage with concrete legal technologies. Analysing judicial property restitution (‘reprivatization’) in Warsaw, this article grasps the machine of accumulation by dispossession at a moment of faltering and exposes the distinctive legal technologies behind its troubleshooting. It makes three contributions to critical urban studies. First, it demonstrates how judicial systems can steal political conflicts that obstruct the cycle of accumulation by dispossession. It thus introduces the notion of ‘judicial robbery’, a non‐legislated expropriation of common property through judicial engineering that simultaneously deprives the public of political agency. Second, it shows that seemingly neutral legal technicalities, usually sheltered from political debate, can become a key locus of urban politics. Third, it examines the agency, scope and spatial patterns of ‘dispossession by restitution’, the term I use for a locally specific form of accumulation by dispossession in Warsaw. Lastly, I raise the question of political struggle against primitive accumulation. Is the judicial robbery reversible? If we can reclaim property, can we also reclaim political conflicts that have been stolen by the law?     

The Myth of Formality in the Global North: Informality‐as‐Innovation in Dutch Governance

Why has urban informality in the global North received so little attention? We suggest that this neglect can be explained in part by the tendency of scholarship to reproduce the myth of Northern formality: the widely held belief that informality occurs only in corrupt and clientelist ‘developing countries’. This myth has allowed activities and connections that would generally be framed as clientelist or corrupt in the global South to be rebranded as policy innovation in Western Europe and North America. In this brief paper, we challenge the myth of Northern formality by focusing on two empirical cases of informality in Dutch governance that demonstrate how the state frames the toleration and deliberate use of informality as policy innovations. Specifically, we focus on strategic, uncodified and non‐transparent deviation from legal procedure in order to achieve compliance and/or effectiveness. Relying on ethnographic methods and secondary sources, we discuss firstly the governance of Amsterdam's red light district and secondly participatory infrastructure projects in the surrounding province of North Holland. The first case highlights the strategic non‐enforcement or non‐application of laws, while the second case points to the use of personalized relationships and non‐transparency in participatory governance.     

Formalization by the State,Re‐Informalization by the People: A Gecekondu Transformation Housing Estate as Site of Multiple Discrepancies

This article demonstrates residents' transformative practices and discusses attendant outcomes to contribute to an understanding of state‐built housing estates for people affected by urban transformation projects. It draws upon ethnographic fieldwork conducted in a social housing estate (K‐TOKI) in the Northern Ankara Entrance Urban Transformation Project (NAEUTP). It addresses questions on why formalization of informal housing takes place today, under what conditions it is countered by re‐informalization practices, and what the outcomes of this process are. As informal housing became formalized by NAEUTP, gecekondu dwellers were forced into formalized spaces and lives within K‐TOKI, which was based on a middle‐class lifestyle in its design and its legally required central management. Informality re‐emerged in K‐TOKI when the state's housing institution, in response to the estate's poor marketability, moved out, allowing residents to reappropriate spaces to meet their needs and form their own management system. When cultural norms that are inscribed in the built environment and financial norms that treat residents as clients conflict with everyday practices and financial capabilities, the urban poor increasingly engage in acts of informality. I argue that the outcome of this informality in a formal context is a site of multiple discrepancies.     

Writing Across Contexts: Urban Informality and the State in Tallinn,Bafatá and Berlin

Urban research has long related informality to a lack of state capacity or a failure of institutions. This assumption not only fails to account for the heterogeneous institutional relations in which informality is embedded, but has also created a dividing line between states. Whereas some states are understood to manage urban development through functioning institutions, others, in this view, fail to regulate. To deconstruct such understandings, this article explores informal practices through a multi‐sited individualizing comparison between three case studies of water governance, parking regulation and dwelling regimes in Bafatá (Guinea‐Bissau), Tallinn (Estonia) and Berlin (Germany), respectively. Our approach to understanding informality starts from the negotiation and contestation of order between differently positioned actors in the continuous making of states. From this point of view, informality is inherent in the architecture of states––emerging through legal systems, embedded in negotiations between and within institutions, and based on conflicts between state regulations and prevailing norms. Tracing how order takes shape though negotiation, improvisation, co‐production and translation not only highlights how informality constitutes a modus operandi in the everyday workings of the state in all three cases, but also provides a way to talk across these cases, i.e. to bring them together in one frame of analysis and overcome their presumed incommensurability.     

Measures of corruption and determinants of US corruption

This paper contributes to the literature by examining whether conclusions from empirical models of corruption determinants are robust with respect to three alternative measures of corrupt activity for the US states. Are the determinants of US corruption sensitive to the choice of the measure of corruption? Overall, the answer to this question is that the choice of the measure of corruption matters in explaining corruption. However, some findings are robust across measures. For instance, greater educational attainment lowers corruption, while greater judicial employment adds to corruption. Southern states were found to be more corrupt, ceteris paribus. We also provide evidence that it is important to control for enforcement efforts in empirical modeling using convictions as a measure of corruption. Significant differences, however, across corruption measures occur in a number of other instances. Specifically, the effects of urbanization, economic prosperity, population size, media, government spending, and enforcement are sensitive to the measure of corruption. Further, the influences of the nation’s foreign neighbors and of the location of the state relative to the nation’s capital remain unclear.     

Judicial checks on corruption in the United States

Judicial oversight provides an important check on executive and legislative power. Two components of judicial oversight have been identified in the literature: judicial independence and constitutional review. Recent research using country-level data indicates that the effectiveness of constitutional review is largely determined by the rigidity of the constitution. In this paper, I use state-level data to test whether judicial independence and constitutional rigidity are related to a specific type of abuse of power by government officials: corruption in office. Specifically, I fit negative binomial regressions in which the dependent variable is the number of officials convicted for corrupt acts and the independent variables are (i) measures of judicial independence, such as judges’ remuneration, method of appointment, and term length, along with various controls or (ii) measures of constitutional rigidity, such as legislative majorities required to propose constitutional amendments and provisions for constitutional conventions or constitutional initiatives, along with various controls. I find that, in general, states with higher levels of judicial independence and more rigid constitutions have lower levels of corruption per capita than states with the opposite characteristics.     

Lawyers,gender and grievance arbitration outcomes

Why should the grievant’s gender or the presence of legal representation affect arbitration outcomes? The “chivalry hypothesis” holds that male arbitrators will tend to favor female grievants; its theoretical mirror image, the “evil woman” hypothesis, suggests that female grievants suffer a comparative disadvantage vis-à-vis similarly situated males. However, neither hypothesis (both drawn from criminologists’ studies of judicial sentencing patterns) applies all that well to the grievance arbitration process where, unlike in the court system, the parties themselves select their decision-maker. This is not to say that the grievance arbitration process is free of gender discrimination, only that arbitrators are probably not the source of any pro- or anti-female bias which may be uncovered.     

Sovereignty Beyond the State: Exception and Informality in a Western European City

Bridging debates on urban sovereignty and urban informality, this paper argues that relationships between sovereignty and informality may not reside exclusively in the way the sovereign state decides to allow or forbid informality, but also in the way sovereignty is distributed among a range of state and non‐state actors. Drawing upon fieldwork on the early‐2010s management of displaced Romanian Romani families in two emergency camps in the city of Montreuil (France), the paper shows how the NGO responsible for managing one camp acted as sovereign power, allowing a number of informal activities to thrive within its confines. By contrast, inside the other camp, managed by another NGO that resolutely implemented state directives, only formal activities took place. Building on Dean's (2010) concept of ‘disaggregated sovereignty’, the paper mobilizes this disjuncture as a case for critically examining how the ‘state of exception’ takes shape beyond the state's grip. A subtext running throughout is the parallel between the very first camps for civilians in nineteenth‐century colonized territories and these twenty‐first‐century camps for Roma in Europe—both elicited a state of exception partially predicated on camp dwellers’ perceived ethnic/racial homogeneity.     

Time series analysis of the nexus among corruption,political instability and judicial inefficiency in Pakistan

The purpose of this study is two folds: firstly, to analyze the direction of causality between corruption and political instability directly and secondly, to determine the causality between corruption and political instability indirectly through judicial inefficiency in Pakistan. The causality between corruption, political instability and judicial inefficiency is tested by applying Toda–Yamamoto Granger causality test. The results show that there is a lack of direct causal relationship between corruption and political instability. However, political instability and corruption cause each other indirectly through judicial inefficiency. The study highlights the critical role of judicial inefficiency leading to an important policy implication.     

Aspects of complexity in citizen–bureaucrat corruption: an agent-based simulation model

In this paper, the complexity-based approach is used to analyse corruption and its internal economics and dynamics. To better understand the drivers of corruption, we employ an agent-based model with heterogeneous agents (bureaucrats and citizens), the interactions of which determine the level of corruption in a society. The emergence of a prevailing social norm of corruption is shown to be significantly influenced by the initial conditions (i.e., history and habits). A cost analysis demonstrates that a relatively limited financial investment is required for the phase transition from the corrupt to the non-corrupt state. The concept of opportunity costs is used to express the value of information shared within an agent’s social group that improves agent decision-making. Incomplete information and uncertainty in the legal system help to reduce corruption by promoting a fear of engaging in corruption in a society. The results of this research may offer useful insights for informing an effective anti-corruption policy.

     

Urban Informality and the State: Geographical Translations and Conceptual Alliances

Understandings of informality commonly derive from research undertaken in states perceived as lacking the capacity to regulate the practices of their populations. This Interventions forum aims to expand the geographical parameters of empirical research on urban informality. A more global approach, we argue, also necessitates questioning assumptions that undergird this concept—in particular the underlying conception of the state. In this vein, this collection of papers aims to rethink theories of the state through the lens of informality, and vice versa, to inform and refine the concept of informality through a more thorough understanding of states. In so doing, the contributions engage with concepts that have been central both to theories of the state and to the study of informality, namely governance, agency, legitimacy, sovereignty and legality. Following this introduction setting out our theoretical approach, the Interventions forum unites five empirical studies that discuss the nexus of informality and states in contexts that have been researched less extensively from this perspective, each tackling one of the above‐mentioned concepts. Based on these different entry points, the papers provide novel angles on a state‐theoretical understanding of informality. A concluding essay brings these approaches together, reflecting on the possibilities of translating concepts to different sites.     

Is R&D spending influenced by disinvestment and local political corruption? The case of Indian central public sector enterprises

The current study examines the effect of disinvestment (dilution of state ownership) and local political corruption on R&D spending in enterprises owned by the central government of India. Based on certain characteristic features of innovation as a strategy available to state-owned enterprises, I build two sets of hypotheses formalising the channels of how these variables may affect the possibility and amount of R&D. Data is drawn from multiple sources to compile a dataset that covers all manufacturing central government-owned enterprises in India over a period of ten years from 2007 to 2016. The study employs an instrumental variable technique to reduce the endogeneity between disinvestment and R&D decisions. We find that, while disinvestment and local political corruption have strong negative effects on whether a firm invests in R&D or not, it has no effect on the amount of R&D. In fact, the amount is driven by a host of firm-specific factors such as size, profit and proficiency of the share of skilled labor, managerial strength and non-unionisation of labor. We also find that the effects are strongly driven by the size of firms, special status awarded to firms and the ideology of the state where the enterprise operates.     

Popular Urbanization: Conceptualizing Urbanization Processes Beyond Informality

This article introduces the concept of popular urbanization to describe a specific urbanization process based on collective initiatives, self-organization and the activities of inhabitants. We understand popular urbanization as an urban strategy through which an urban territory is produced, transformed and appropriated by the people. This concept results from a theoretically guided and empirically grounded comparison of Mexico City, Istanbul and Lagos. Based on postcolonial critiques of urban theory and on the epistemologies of planetary urbanization, we bring urbanization processes in these urban regions into conversation with each other through a multidimensional theoretical framework inspired by Henri Lefebvre focusing on material interaction, territorial regulation, and everyday experience. In this way, popular urbanization emerged as a distinct urbanization process, which we identified in all three contexts. While this process is often subsumed under the broader concept of ‘urban informality’, we suggest that it may be helpful to distinguish popular urbanization as primarily led by the people, while commodification and state agencies play minor roles. As popular urbanization unfolds in diverse ways dependent upon the wider urban context, specific political constellations and actions, it results in a variety of spatial outcomes and temporal trajectories. This is therefore a revisable and open concept. In proposing the concept of popular urbanization for further examination, we seek to contribute to the collective development of a decentered vocabulary of urbanization.     

Victim or Victimizer: Firm Responses to Government Corruption

What is the relationship between government corruption and firm performance? To address this question, I conduct a review of articles published in the leading management journals on government‐business interactions pertaining to rent‐seeking activities and integrate findings from the fields of international business, social issues in management, public organization, institutional change, and corporate political activity. I find that while much empirical work corroborates the earlier findings suggesting a corrosive impact of government corruption on firm performance in general, management research also points to the heterogeneous impact of government corruption on individual firm performance, driven by the strategic activities conducted by firms in response to corruption. I propose an integrative model of firm strategy vis‐à‐vis corruption that predicts the activity choice of the firm as predicated by its organizational structure, political resources, industry regulation, and surrounding political and social institutions.     

Informality as Structure or Agency? Exploring Shed Housing in the UK as Informal Practice

Recent attention to the phenomenon of ‘beds in sheds’—outbuildings used illegally for residential accommodation—suggests that shelter informality is increasing in the UK. Reflecting concerns about its apparent proliferation, the issue has been increasingly prominent on government and media agendas, framed in terms of illegal immigration and rogue landlordism, with policy announcements accompanied by high‐profile police and border agency raids. While little firm evidence exists on the scale, nature and causes of this type of informal shelter provision, this paper takes as its starting point the discursive construction of informality in the specific context of the UK, exploring the role of key agentic and structural factors therein. It suggests that an emphasis on agency in government and media accounts may risk obscuring the structural factors (including state policies) involved in the production of informality, as well as the interaction between agency and structure. The case of shed housing demonstrates how informality is produced by a complex interplay of structural and agentic factors characteristic of many global Northern cities, captured by the notion of ‘informality as practice’ which derives from debates focusing on Southern cities. At the same time, it shows how discourses around informality may be mobilized in the service of specifically context‐driven ideological agendas, in this case relating to immigration and welfare.     

Urban Commoning as a Vehicle Between Government Institutions and Informality: Collective Gardening Practices in Tampere and Narva

This article examines the processes of urban commoning and its co-produced features of urbanity, making the claim that, through these processes, informality becomes translated into institutionalized city planning. Commoning is analysed through a comparative study that utilizes contingent features of urbanity and three modalities accommodating the informality–formality meshwork during urban change. The article contributes to research on urban transformations by integrating commons, informality dynamics and the constitution of state institutions. This focus is elaborated with reference to collective gardening practices in the context of two of the less studied European cities, Narva in Estonia and Tampere in Finland. The results of the study indicate that urban commoning takes place through delegating a public mandate and enacting uncertainty, two processes that informalize city government practices. Particular differences appeared in regard to the institutional porosity that enables unregulated spaces of collective gardening to be mobilized as part of urban politics. We argue that networked movements appear as an essential part of the urban logic of action producing meaningful connections in an informal–formal meshwork and bringing together multiple sites in the commoning process.     

转型国家政府审计功能探讨——来自罗马尼亚的经验

罗马尼亚在国家转型期间面临着严重腐败、贫富差距、司法改革等问题,为了加入欧盟,罗马尼亚在这些方面进行了卓有成效的改革。在加强监督和控制的国家治理中,执行公共外部审计的审计院起到了很大的推动作用。在借鉴欧盟法的基础上,罗马尼亚审计院在法律地位、组织框架、职权范围上都得以提高和完善,审计院对国家治理产生重要影响,对政府部门及其他公共部门的监督和控制效率、效果得到很大提高。我国可以借鉴其经验,从提高审计署法律地位和加强外部审计与内部审计协调两个方面强化审计署在国家治理中的功能。     

Corruption as Infrastructure: Rendering the New Saigon Global

Corruption is regularly treated as a barrier to infrastructure, development and growth. However, in Saigon, corruption itself has become an infrastructure in Vietnam's late-socialist urban transformation. This infrastructure facilitates not only growth in the form of transnational investment, property speculation and construction, but allows for different kinds of planning and development practice as well. Perceptions about corruption in Vietnam, and in Saigon specifically, shape market and planning practices that structure the terms on which interested parties from abroad and internally speculate upon and ultimately develop urban projects. This is not a static formulation of corruption. Rather, corruption and the various political and policy responses to it constantly shape how brokers, developers and financiers renegotiate how the city becomes a knowable object for investment, legible to the calculations of both risk and reward used by global investors as well as to those who enact the embedded bureaucratic, legal and political practices that create Saigon's built environment. In this article I argue that different definitions and policy responses to corruption in effect create variable ways of seeing the city (as well as modes of being seen) that have an impact on the material realities of the metropolis—the types of connections produced with transnational finance, the legal and regulatory structure under which urbanization unfolds, and the types of players, firms and officials involved.     

Bureaucratic corruption and profit tax evasion

Firms may evade taxes on profits and can also avoid fulfilling legal restrictions on production activities by bribing bureaucrats. It is shown that the existence of tax evasion does not affect corruption activities at the firm level, while the budgetary repercussions of tax evasion induce less corruption. Policy measures which alter the gains or losses from corruption have a non-systematic impact on tax evasion behaviour.      

Juggling Legitimacies: Informal Places for Burials and Worship in Hong Kong

The Hong Kong government's neoliberal approach regarding land development and urbanization affects not only the housing market but also burial places, increasing inequality for both the living and the dead. The urgency of tackling the issue of places for burial is all the more pressing given current demographic changes and an existing backlog of public burial places in inner‐city locations. Against this backdrop, this paper focuses on the cultural practices around burial and worship among the inhabitants of Hong Kong, and on their struggle to maintain these practices. It illustrates various forms and means of legitimacy (e.g. pragmatic, normative and cognitive) being applied by all actors, and shows how the continuing practices around worship and burial lead to the production of informality. The main argument is that socially constructed legitimacy can be gained and lost by various actors in a dynamic negotiation process based on belief systems, rules and norms (following Suchman, 1995). Thus, it should be understood as a strategic mode both within and outside the state. This perspective of legitimacy provides a better understanding of how and by what means resources and power are being negotiated in order to draw lessons from informal dynamics.