Property theory and land use analysis: an approach to the study of the function and limitations of law in peasant land use in Kenya

Abstract

This paper is concerned with three issues. First it argues that there is need for systematic and empirical investigation of the function and limitations of law in socioeconomic and political development in Kenya. This, it is suggested is crucial for policy since law has always been and continues to be viewed as an important if not the principal instrument for the effectuation of public policy. Secondly it argues that existing 'legal' and 'social' theories of law do not offer an adequate framework for such analysis. Thirdly it outlines a framework for the analysis of the role of law in peasant land use. This is based on an expanded notion of property theory set within a context of theories of economic decision-making.