Derechos humanos y pueblos indígenas
Author: José Aylwin Oyarzún
Publisher: IWGIA
Published: 2004
Total Pages: 466
ISBN-13: 9789562361613
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Studies in Law, Politics and Society
Author: Austin Sarat
Publisher: Emerald Group Publishing
Published: 2011-06-14
Total Pages: 213
ISBN-13: 1780520808
DOWNLOAD EBOOKThis volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live.
The Inter-American Court of Human Rights
Author: Laurence Burgorgue-Larsen
Publisher: OUP UK
Published: 2011-04-07
Total Pages: 948
ISBN-13: 0199588783
DOWNLOAD EBOOKThis book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Gender Justice and Legal Pluralities
Author: Rachel Sieder
Publisher: Routledge
Published: 2013-06-17
Total Pages: 260
ISBN-13: 1136191569
DOWNLOAD EBOOKGender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
The Challenge of Legal Pluralism
Author: Marc Simon Thomas
Publisher: Taylor & Francis
Published: 2016-09-13
Total Pages: 267
ISBN-13: 131703919X
DOWNLOAD EBOOKWithin the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
Law and Anthropology: International Yearbook for Legal Anthropology
Author: René Kuppe
Publisher: Martinus Nijhoff Publishers
Published: 1994-10-27
Total Pages: 424
ISBN-13: 9780792331421
DOWNLOAD EBOOKVolume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.
Plebeian Power
Author: Álvaro García Linera
Publisher: BRILL
Published: 2014-04-10
Total Pages: 351
ISBN-13: 9004254447
DOWNLOAD EBOOKIn addition to his role as Evo Morales’s vice-president, Álvaro García Linera is one of Bolivia’s foremost intellectuals. With a theoretical trajectory beginning in efforts to combine Marxism and Indianism, then developed in reaction to the neoliberal turn of the 1980s and in contact with the mass social movements of recent years, García Linera's Plebeian Power can be read as both an evolving analysis of Bolivian reality through periods of great social change, and as an intellectual biography of the author himself. Informed by such thinkers as Marx, Bourdieu and René Zavaleta, García Linera reflects on the nature of the state, class and indigenous identity and their relevance to social struggles in Bolivia. English translation of La potencia plebeya: Acción colectiva e identidades indígenas, obreras y populares en Bolivia published by Siglo del Hombre Editores and CLASCO in 2007.
Geopolitics and Decolonization
Author: Fernanda Frizzo Bragato
Publisher: Rowman & Littlefield
Published: 2017-12-06
Total Pages: 263
ISBN-13: 1786605139
DOWNLOAD EBOOKGathering researchers from or towards Global South epistemologies, this book enriches the debate on crucial questions for liberation in the South and the improvement of South relations. It argues that coloniality and colonialism are not outdated phenomena of the historical past, but contemporary marks that remain repressed. The dominance of Eurocentric paradigm in the social sciences explains the long-lasting detachment between thinkers and politicians from the Global South, which have been historically presented according to their respective relations with the West (Europe and North America). The dialogue on common problems and challenges to people and societies in the South, largely derived from their colonial past and condition, is still sparing. This book actively promotes and demonstrates the value of intercultural dialogue and debate amongst voices from within the Global South on issues to do with decoloniality, cultural rights, law and politics.
Reimagining Legal Pluralism in Africa
Author:
Publisher: BRILL
Published: 2024-06-06
Total Pages: 514
ISBN-13: 9004696741
DOWNLOAD EBOOKThis collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
