Download or read book The Challenge of Legal Pluralism written by Marc Simon Thomas and published by Routledge. This book was released on 2016-09-13 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Violence Against Women in Legally Plural settings written by Anna Barrera and published by Routledge. This book was released on 2015-11-19 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Ethnography as Risky Business written by Kees Koonings and published by Rowman & Littlefield. This book was released on 2019-04-26 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethnography as Risky Business: Field Research in Violent and Sensitive Contexts offers a hands-on, critical appraisal of how to approach ethnographic fieldwork on socio-political conflict and collective violence, focusing on the global south. The volume’s contributions are all based on extensive firsthand qualitative social science research conducted in sensitive--and often hazardous--field settings. The contributors reflect on real-life methodological problems as well as the ethical and personal challenges such as the protection of participants, research data and the ‘ethnographic self’. In particular, the authors highlight how ‘risky ethnography’ requires careful maneuvering before, during, and after fieldwork on the basis of a ‘situated’ ethics, yet also point to the rewards of such an endeavor. If these methodological, ethical and personal risks are managed adequately, the yields in terms of generating a deep understanding of, and critical engagement with, conflict and violence may be substantial.

Download or read book Conflicts over Natural Resources in the Global South written by Maarten Bavinck and published by CRC Press. This book was released on 2014-01-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhabitants of poor, rural areas in the Global South heavily depend on natural resources in their immediate vicinity. Conflicts over and exploitation of these resources – whether it is water, fish, wood fuel, minerals, or land – severely affect their livelihoods. The contributors to this volume leave behind the polarised debate, previously surrounding the relationship between natural resources and conflict, preferring a more nuanced approach that allows for multiple causes at various levels. The contributions cover a wide array of resources, geographical contexts (Africa, Asia and Latin America), and conflict dynamics. Most are of a comparative nature, exploring experiences of conflict as well as cooperation in multiple regions. This volume finds its origin in an innovative research programme with the acronym CoCooN, steered by The Netherlands Organisation for Scientific Research (NWO/WOTRO) and involving universities and civil society partners in many countries. It presents the conceptual approaches adhered to by each of seven interdisciplinary projects, ranging from green criminology and political ecology to institutional analysis, legal pluralism and identity politics. The volume will be of interest to academics and practitioners concerned with an understanding of conflict as well as cooperation over natural resources.

Download or read book Redesigning Justice for Plural Societies written by Katayoun Alidadi and published by Taylor & Francis. This book was released on 2022-09-30 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.

Download or read book The Proposed Nordic Saami Convention written by Nigel Bankes and published by Bloomsbury Publishing. This book was released on 2013-01-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.

Download or read book The Routledge Handbook of Indigenous Development written by Katharina Ruckstuhl and published by Taylor & Francis. This book was released on 2022-11-30 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook inverts the lens on development, asking what Indigenous communities across the globe hope and build for themselves. In contrast to earlier writing on development, this volume focuses on Indigenous peoples as inspiring theorists and potent political actors who resist the ongoing destruction of their livelihoods. To foster their own visions of development, they look from the present back to Indigenous pasts and forward to Indigenous futures. Key questions: How do Indigenous theories of justice, sovereignty, and relations between humans and non-humans inform their understandings of development? How have Indigenous people used Rights of Nature, legal pluralism, and global governance systems to push for their visions? How do Indigenous relations with the Earth inform their struggles against natural resource extraction? How have native peoples negotiated the dangers and benefits of capitalism to foster their own life projects? How do Indigenous peoples in diaspora and in cities around the world contribute to Indigenous futures? How can Indigenous intellectuals, artists, and scientists control their intellectual property and knowledge systems and bring into being meaningful collective life projects? The book is intended for Indigenous and non-Indigenous activists, communities, scholars, and students. It provides a guide to current thinking across the disciplines that converge in the study of development, including geography, anthropology, environmental studies, development studies, political science, and Indigenous studies.

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by . This book was released on 2020 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Download or read book The Crisis of Multiculturalism in Latin America written by David Lehmann and published by Springer. This book was released on 2016-09-19 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a challenging view of the adoption and co-option of multiculturalism in Latin America from six scholars with extensive experience of grassroots movements and intellectual debates. It raises serious questions of theory, method, and interpretation for both social scientists and policymakers on the basis of cases in Mexico, Brazil, Argentina, Bolivia, and Ecuador. Multicultural policies have enabled people to recover the land of their ancestors, administer justice in accordance with their traditions, provide recognition as full citizens of the nation, and promote affirmative action to enable them to take the place in society which is theirs by right. The message of this book is that while the multicultural response has done much to raise the symbolic recognition of indigenous and Afro-descendant peoples nationally and internationally, its application calls for a profound reappraisal in spheres such as land, gender, institutional design, and equal opportunities. Written by scholars with long-term and in-depth engagement in Latin America, the chapters show that multicultural theories and policies, which assume racial and cultural boundaries to be clear-cut, overlook the pervasive reality of racial and cultural mixture and place excessive confidence in identity politics.

Download or read book The Challenge of Inter legality written by Jan Klabbers and published by Cambridge University Press. This book was released on 2019-05-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

Download or read book Law and the Epistemologies of the South written by Boaventura de Sousa Santos and published by . This book was released on 2023-08-09 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book New Mechanisms of Participation in Extractive Governance written by Esben Leifsen and published by Routledge. This book was released on 2018-10-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people’s relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.

Download or read book Vernacular Sovereignties written by Manuela Lavinas Picq and published by University of Arizona Press. This book was released on 2018-04-24 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous women are rarely accounted for in world politics. Imagined as passive subjects at the margins of political decision-making, they often epitomize the antithesis of international relations. Yet from their positions of marginality they are shaping sovereignty. In Vernacular Sovereignties, Manuela Lavinas Picq shows that Indigenous women have long been dynamic political actors who have partaken in international politics and have shaped state practices carrying different forms of resistance. Her research on Ecuador shows that although Kichwa women face overlapping oppressions from socioeconomic exclusions to sexual violence, they are achieving rights unparalleled in the world. They successfully advocated for women’s participation in the administration of Indigenous justice during the 2008 constitutional reform, creating the first constitution in Latin America to explicitly guarantee the rights of Indigenous women and the first constitution worldwide to require gender parity in the administration of justice. Picq argues that Indigenous women are among the important forces reshaping states in Latin America. She offers empirical research that shows the significance of Indigenous women in international politics and the sophistication of their activism. Indigenous women strategically use international norms to shape legal authority locally, defying Western practices of authority as they build what the author calls vernacular sovereignties. Weaving feminist perspectives with Indigenous studies, this interdisciplinary work expands conceptual debates on state sovereignty. Picq persuasively suggests that the invisibility of Indigenous women in high politics is more a consequence of our failure to recognize their agency than a result of their de facto absence. It is an invitation not merely to recognize their achievements but also to understand why they matter to world politics.

Download or read book Multiple InJustices written by R. Aída Hernández Castillo and published by University of Arizona Press. This book was released on 2016-11-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: R. Aída Hernández Castillo synthesizes twenty-four years of research and activism among indigenous women's organizations in Latin America, offering a critical new contribution to the field of activist anthropology and for anyone interested in social justice.

Download or read book Epistemologies of the South written by Boaventura de Sousa Santos and published by Routledge. This book was released on 2015-11-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.

Download or read book Andeans and Their Use of Cultural Resources written by Arij Ouweneel and published by . This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The State and the Paradox of Customary Law in Africa written by Olaf Zenker and published by Routledge. This book was released on 2018-02-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.