The challenge of legal pluralism: local dispute settlement and the Indian-state relationship in Ecuador

"Within 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 p...

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Bibliographische Detailangaben
1. Verfasser: Thomas, Marc Simon (VerfasserIn)
Format: Buch
Sprache:English
Veröffentlicht: London ; New York Routledge 2017
Schriftenreihe:Cultural diversity and law
Schlagworte:
Zusammenfassung:"Within 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."--
Beschreibung:Includes bibliographical references and index
Beschreibung:ix, 256 pages 24 cm
ISBN:9781472480576
1472480570

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