Interlegalidad y campos jurídicos PDF Download

Author: René Orellana Halkyer
Publisher:
ISBN:
Category : Justice, Administration of
Languages : es
Pages : 360

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Author: Rutgerd Boelens
Publisher: Routledge
ISBN: 1136543562
Category : Business & Economics
Languages : en
Pages : 385

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Book Description
Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics.

Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 100935356X
Category : Law
Languages : en
Pages : 823

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Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.

Author: Marc Simon Thomas
Publisher: Taylor & Francis
ISBN: 131703919X
Category : Law
Languages : en
Pages : 267

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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. 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.

Author: Jessika Eichler
Publisher: Springer Nature
ISBN: 3031546180
Category :
Languages : en
Pages : 313

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Author: Rutgerd Boelens
Publisher: Routledge
ISBN: 1317964039
Category : Political Science
Languages : en
Pages : 450

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This book addresses two major issues in natural resource management and political ecology: the complex conflicting relationship between communities managing water on the ground and national/global policy-making institutions and elites; and how grassroots defend against encroachment, question the self-evidence of State-/market-based water governance, and confront coercive and participatory boundary policing (‘normal’ vs. ‘abnormal’). The book examines grassroots building of multi-layered water-rights territories, and State, market and expert networks’ vigorous efforts to reshape these water societies in their own image – seizing resources and/or aligning users, identities and rights systems within dominant frameworks. Distributive and cultural politics entwine. It is shown that attempts to modernize and normalize users through universalized water culture, ‘rational water use’ and de-politicized interventions deepen water security problems rather than alleviating them. However, social struggles negotiate and enforce water rights. User collectives challenge imposed water rights and identities, constructing new ones to strategically acquire water control autonomy and re-moralize their waterscapes. The author shows that battles for material control include the right to culturally define and politically organize water rights and territories. Andean illustrations from Peru, Ecuador, Bolivia and Chile, from peasant-indigenous life stories to international policy-making, highlight open and subsurface hydro-social networks. They reveal how water justice struggles are political projects against indifference, and that engaging in re-distributive policies and defying ‘truth politics,’ extends context-particular water rights definitions and governance forms.

Author: Rachel Sieder
Publisher: Routledge
ISBN: 1317291271
Category : Political Science
Languages : en
Pages : 978

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Book Description
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.

Author: Susan Helen Ellison
Publisher: Duke University Press
ISBN: 0822371782
Category : Social Science
Languages : en
Pages : 282

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In Domesticating Democracy Susan Helen Ellison examines foreign-funded alternate dispute resolution (ADR) organizations that provide legal aid and conflict resolution to vulnerable citizens in El Alto, Bolivia. Advocates argue that these programs help residents cope with their interpersonal disputes and economic troubles while avoiding an overburdened legal system and cumbersome state bureaucracies. Ellison shows that ADR programs do more than that—they aim to change the ways Bolivians interact with the state and with global capitalism, making them into self-reliant citizens. ADR programs frequently encourage Bolivians to renounce confrontational expressions of discontent, turning away from courtrooms, physical violence, and street protest and coming to the negotiation table. Nevertheless, residents of El Alto find creative ways to take advantage of these micro-level resources while still seeking justice and a democratic system capable of redressing the structural violence and vulnerability that ADR fails to treat.

Author: Raquel Gutiérrez Aguilar
Publisher: Duke University Press
ISBN: 0822376369
Category : Social Science
Languages : en
Pages : 335

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In the indigenous Andean language of Aymara, pachakuti refers to the subversion and transformation of social relations. Between 2000 and 2005, Bolivia was radically transformed by a series of popular indigenous uprisings against the country's neoliberal and antidemocratic policies. In Rhythms of the Pachakuti, Raquel Gutiérrez Aguilar documents these mass collective actions, tracing the internal dynamics of such disruptions to consider how motivation and execution incite political change. "In Rhythms of the Pachakuti we can sense the reverberations of an extraordinary historical process that took place in Bolivia at the start of the twenty-first century. The book is the product of Raquel Gutiérrez Aguilar's political engagement in that historical process. . . . Though of Mexican nationality, [she] was intimately involved in Bolivian politics for many years and acquired a quasi-legendary status there as an intense, brilliant activist and radical intellectual. . . . [Her account is] . . . itself a revolutionary document. . . . Rhythms of the Pachakuti deserves to stand as a key text in the international literature of radicalism and emancipatory politics in the new century."—Sinclair Thomson, from the foreword

Author: Anna Barrera
Publisher: Routledge
ISBN: 1317385942
Category : Law
Languages : en
Pages : 302

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This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women’s rights or, alternatively, they have emphasised customary law’s advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background – and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia – Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.