The Challenge of Legal Pluralism

Local dispute settlement and the Indian-state relationship in Ecuador

Nonfiction, Reference & Language, Law
Cover of the book The Challenge of Legal Pluralism by Marc Simon Thomas, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Marc Simon Thomas ISBN: 9781317039181
Publisher: Taylor and Francis Publication: September 13, 2016
Imprint: Routledge Language: English
Author: Marc Simon Thomas
ISBN: 9781317039181
Publisher: Taylor and Francis
Publication: September 13, 2016
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book The Voyages of Sir James Lancaster to Brazil and the East Indies, 1591-1603 by Marc Simon Thomas
Cover of the book Death and the right hand by Marc Simon Thomas
Cover of the book Long Sixties by Marc Simon Thomas
Cover of the book Religion in the Public Space by Marc Simon Thomas
Cover of the book Mindfulness-Related Treatments and Addiction Recovery by Marc Simon Thomas
Cover of the book Responsible Analytics and Data Mining in Education by Marc Simon Thomas
Cover of the book Sovereignty and Liberty by Marc Simon Thomas
Cover of the book Human Muscle Fatigue by Marc Simon Thomas
Cover of the book Handbook on Evolution and Society by Marc Simon Thomas
Cover of the book Quantum Implications by Marc Simon Thomas
Cover of the book Robinson Crusoe (Routledge Revivals) by Marc Simon Thomas
Cover of the book Shakespearian Tempest - V 2 by Marc Simon Thomas
Cover of the book A History of Personnel Administration 1890-1910 by Marc Simon Thomas
Cover of the book Social Action in Group Work by Marc Simon Thomas
Cover of the book Television and Public Policy by Marc Simon Thomas
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy