탄자니아; 신자유주의; 아프리카; 소유권; 노동권; 에르난도 데소토; 죽은 자본; Tanzania; neoliberalism; Africa; labour rights; properties; Hernando De Soto; Dead capial
한양법학, v. 26, NO 2, Page. 97-120
The rule of Law and the Governance have become an global standard since the years of 2000. The Mystery of Capital of Hernando De Soto, published at the moment of celabration for the rule of law, was largely accepted by economic and political leaders around the world. In this article, I will argue why the poor class could not become an entrepreneur through the technical methode proposed by De Soto. And I will examine some tanzanian cases in order to support my argument. The critical point is that the law and lawyers of Tanzania have played the most important roles for the capital accumulation since the colonization of the nation and that the exploitation and the deprivation continued and protected by the law. Even, the law in an era of neoliberalism denies the employment rights and deprive the land of custom system from the poor only for the private profits. De Soto argued that we need to accord legal rights to “dead capital” in order to integrate the poor into the capitalist system, but the expansion of capitalist logic into the third sector contribute to the deprivation of dead capital from the poor.