A critical approach to the anthropological, political and philosophical problems of legal pluralism

Abstract:

We will try to critically examine the processes of constructing a new legal framework which were begun in some Andean states during recent decades and which are characterised by the recognition of the multinational, multiethnic and intercultural character of the Republics, framed hitherto within the homogenising parameters of the creole and mestizo state. These processes have in turn led to the recognition of the rights of the original indigenous peoples and, subsequently, to the establishment of indigenous law with a special jurisdiction. However, this new horizon, despite the fact that it represents a project which is eminently decolonial in many respects, is not without contradictions, frictions or limitations. A scenario of radical legal plurality would lessen the possibility of establishing a common citizenship framework. There are therefore many anthropological, political, legal and philosojephical aspects which should be analysed and discussed so as to shed some light on this important issue.

Año de publicación:

2018

Keywords:

• Common Law
• Legal pluralism
• Legal colonialism
• Indigenous justice system
• Legal monism

Fuente:

scopus