'Debating' Nature Conservation: Policy, Law and Practice in by Julia Arnscheidt

By Julia Arnscheidt

This e-book is ready the politics of nature conservation in past due New Order and early Reformasi Indonesia. It techniques the topic via discourse research. knowing politics as a fight for discourse hegemony it analyses either approaches of coverage- and lawmaking in Jakarta and of implementation in nationwide parks, and their results, and addresses a few questions: Which discourses have ruled conservation rules and legislation all through historical past? How did Ministers, individuals of Parliament, kingdom officers, NGOs and citizens of nationwide parks attempt to make a decision debates on conservation of their virtue? Which unwritten principles helped or restricted them during this attempt? How did the fight for discourse hegemony impact coverage and legislation, coverage- and lawmaking and implementation?Based on wealthy empirical case fabric the booklet argues multitude of discourses have come to co-exist which enabled actors to exploit arguments strategically, and that quite a few actors have succeeded to mobilise discourses permitting them to take part within the debate with out responsibilities. the result of this learn transcend partaking within the debate on what section of sustainable improvement to target yet hyperlink the coverage debate to the controversy on governance and rule of legislations. by way of addressing the coverage discourse and the discourses structuring coverage- and lawmaking and implementation, the examine desires to give a contribution not just to the sphere of nature conservation but additionally to the sector of Indonesian legislation and governance quite often.

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This is easier than introducing rather unknown frames, stories and arguments (although these in the end may be the most promising in terms of social change). 63 This again illustrates, on the one hand, the impersonal power of discourse. Discourse forces us to stay within certain boundaries. If we don’t, we exclude ourselves from the discussion. After all, ‘languaging’64 remains a kind of ‘collective action’65 that one cannot change individually. On the other hand, it illustrates that in our communication we depend on others and their interpretation of what we say and do.

The following section is based on this article. 15 Veerman 2004, p. 23. 16 These researchers have focused their attention first on the legal drafters and then on legislators. In their view, drafters and legislators need to adopt a methodology that is ‘based on reason’ and ‘informed by experience’. This means that drafters should accompany their draft with a research report to justify why they chose a certain approach and solution. 17 Where the Seidman theory aims for legal effectiveness the second building block of the GLS problematises this very concept.

See, for instance, Rahardjo 2007. See, for instance, Bracke 1996, Veerman 2004, and Voermans, et al. 2000. Veerman 2004, p. 13. This conclusion is similar to Tamanaha’s ‘non-essentialism’ which argues that one cannot define concepts such as law, or - by analogy - legislative quality, in terms of its essence and therefore, one needs to analyse how various actors define it (Tamanaha 2000). Nevertheless, Veerman cites a number of legal, administrative and technical quality criteria of the Dutch policy on good legislation, including legality, effectiveness and efficiency, implementability and enforceability, simplicity, clarity and accessibility (Veerman 2004, p.

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