Regresar

The legal pluralism as an alternative system of law. A proposal from the critical paradigm

Abstract:

This article addresses the fundamental concepts of legal pluralism, as a response to the monistic model of law, from the perspective of the Critical Theory paradigm, with the aim of analyzing in depth its transformative character, in order to contribute to the construction of rational models of reflection that allows us to understand, in an ideal way, Ecuadorian legal pluralism. The task of reconciling in law the normative dimension with what is established by the constitutional principles and the values underlying it, will result in correct judicial decisions, based on full respect for the fundamental rights of indigenous peoples. Regarding the research methodology, the qualitative modality is used, which in turn allows a hermeneutical interpretation of the consulted bibliography, as well as the philosophical analysis and the legal method for the comprehensive understanding of the phenomenon. As a result, a set of postulates and reflections on the type of pluralism that should be adopted in Ecuador in order to generate a more just and egalitarian society are arrived at.