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The legal system of indigenous peoples: a way to do justice
Summary This article arises with the aim of making a scarcely explored right visible: that of indigenous peoples in Mexico to maintain and develop their own legal systems in accordance with their own co-movision, customs and cultural identity. This is protected by constitutional and conventional cut...
The orality and legacy of ancestral justice
This article of a socio-legal nature addresses the importance of orality as an ancestral communication medium and its subsequent coincidence with the development of the written language. The main objective of the document is to remark the validity of orality in proceedings for the delivery of justic...
The rights of indigenous peoples in Latin américa
The ethnic issue becomes increasingly relevant in national contexts. so much that for many countries it is part of what is considered to be one of their major problems. Subalternating legal systems of indigenous people are exercised through practices different socio-cultural and, in many cases, opp...
Legal Anthropology and Overlay of State/Nation Regulatory Systems — Indigenous Peoples: the current case of the Mapuche village.
the reality of indigenous peoples has very varied and complex characteristics, which have been addressed from different areas of knowledge, including political anthropology and legal anthropology, disciplines which pay particular attention to power dynamics. In the case of this investigation, these...
The Kitu Kara people: Community organisation, negotiation with local government and ontologies relacionales
Este article shows the political articulation of indigenous communities and communities formed as Kitu Kara People in the city of Quito. They examine their identity budgets as a non-migrant group and explain the organisational mechanisms that have allowed the re-discovery of their ancestral systems...
Traditional Saberes and the challenges for the Knowledge Dialogue
The knowledge systems of peoples from Latin America or traditional knowledge have been referred to as: popular knowledge, local knowledge, folklore, indigenous science (De Gortari, 1963), specific science (Levi-Strauss, 1972), indigenous science and native sciences (Cardona, 1979), popular knowledge...
Bases for governance and law: a trial on the evolution of law in colonial Latin America
The contemporary legal systems of Latin America are based not only on institutional principles which evolved over four centuries of colonial dominance in Spain and Portugal, but also on the merger of institutions that already existed, arising from previous evolutionary processes. This article develo...
The Legal System of Indigenous Peoples: A Way of Doing Justice
This article has the purpose of making visible a not much explored is-sue: the right of indigenous peoples in Mexico to maintain and develop their own legal systems according to their own worldview, customs, traditions and cultural identity. Which is protected by the constitutional and conventional...
Mexico’s cultural diversity in the 21st century
This research suggests, as a cardinal assumption, the importance of establishing a comprehensive legal system on indigenous rights in Mexico, allowing for the harmonious co-existence of institutions and norms of Mexican positive law, and of the legal systems of indigenous indigenous peoples living i...
Indigenous uses of law in the New Kingdom of Granada. Legal resistance and pluralism in colonial law. 1750-1810
the article explores the uses of indigenous colonial law in the last stage of this period of Spanish domination, ranging from boronic reforms to independence (1750-1810). The first part, resulting from a history review, shows how the colonial regime’s initial claim to preserve indigenous legal syste...
Interculturalism and University
In this exhibition I propose first that we travel through the political and legal foundations that give the right to intercultural education. Secondly, I would like to present what we are understanding by interculturalism at the University of the Autonomous Regions of the Caribbean Costa Caribbean N...
Legal pluralism post-developed in the Constitution of Montecristi
This article focuses on analysing the potential of the Montecristi Constitution to enable progress towards building a type of legal pluralism understood in the post-development key. Indigenous peoples can see themselves as the paradigmatic case of joint claims of legal pluralism and alternatives to...
Indigenous living systems and constitutional positioning in Latin America: overcoming the legal and political coloniality, fighting and practices of common goods
This article deals with cultural and socio-political and legal processes for recognising two rights of Latin American indigenous peoples. The monist right as a Western cultural product denied and destroyed separate lives, practices, institutions and thoughts, hegemonifying cosmovisions and colonial...
Thinking about Religion, Law, and Politics in Latin America
A era secular, de Charles Taylor, é ao mesmo tempo importante e insuficiente para o estudo da religião, do direito e da política na América Latina. Embora haja aspectos da experiência do Atlântico Norte que têm sido globalizados, dando forma a sistemas jurídicos e outras formas de governança polític...
Systems of law, sources and pluralism jurídico
En Ecuador have coexisted various social groups, such as indigenous peoples, peasants and Afro-descendants, which have been characterised by the management of their own right, far from state centralism. With regard to legal pluralism, custom plays a decisive role, although the Ecuadorian Civil Code...
Intercultural confrontation for judicial coordination with Colombian indigenous peoples
The article addresses the experience gained in Colombia over the past two years with intercultural focal groups of 50 authorities of 50 indigenous peoples and 50 judges and magistrates of the national judicial system who intervened in judicial proceedings against indigenous authorities. It presents...
Indigenous uses of law in the New Kingdom of Granada. Legal resistance and pluralism in colonial law. 1750-1810
the article explores the uses of colonial law made by indigenous people in the last stage of this period of Spanish domination, ranging from boronic reforms to Independence (1750-1810). The first part, resulting from a history review, shows how the colonial regime’s initial claim to preserve indigen...
Indigenous living systems and constitutional positioning in Latin America: overcoming the legal and political coloniality, fighting and practices of common goods
This article deals with cultural and socio-political and legal processes for recognising two rights of Latin American indigenous peoples. The monist right as a Western cultural product denied and destroyed separate lives, practices, institutions and thoughts, hegemonifying cosmovisions and colonial...
Between progress and barriers. Gender equality approaches in public policy for rural women in Colombia
In 2002, the Law on Rural Women in Colombia was enacted as a result of demands from peasant, indigenous and Afro-Colombian women due to their recognition as self-employed subjects and their inclusion in the processes of designing and implementing the country’s rural development policies. After 16 ye...
The need for complex judicial thinking in decisions about indigenous people deprived of liberty
This article will provide a reflection on the complexity paradigm, developed mainly by Edgar Morin, as opposed to the simplistic vision of reality, inherent in the narrative of modernity and inherited by our legal systems. The need for this paradigm to be adopted by the legal operators responsible f...