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Author : René Orellana Halkyer
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.A/5 ( download)
Download or read book Interlegalidad y campos jurídicos written by René Orellana Halkyer and published by . This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rutgerd Boelens
Publisher : Routledge
ISBN 13 : 1136543562
Total Pages : 385 pages
Book Rating : 4.1/5 (365 download)
Download or read book Out of the Mainstream written by Rutgerd Boelens and published by Routledge. This book was released on 2010-02-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 100935356X
Total Pages : 823 pages
Book Rating : 4.0/5 (93 download)
Download or read book Law and the Epistemologies of the South written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2023-06-01 with total page 823 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.
Author : Marc Simon Thomas
Publisher : Taylor & Francis
ISBN 13 : 131703919X
Total Pages : 267 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Challenge of Legal Pluralism written by Marc Simon Thomas and published by Taylor & Francis. This book was released on 2016-09-13 with total page 267 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.
Author : Jessika Eichler
Publisher : Springer Nature
ISBN 13 : 3031546180
Total Pages : 313 pages
Book Rating : 4.0/5 (315 download)
Download or read book An Interdisciplinary Journey from Non-Discrimination to Collective Rights written by Jessika Eichler and published by Springer Nature. This book was released on with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rutgerd Boelens
Publisher : Routledge
ISBN 13 : 1317964039
Total Pages : 450 pages
Book Rating : 4.3/5 (179 download)
Download or read book Water, Power and Identity written by Rutgerd Boelens and published by Routledge. This book was released on 2015-04-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1317291271
Total Pages : 978 pages
Book Rating : 4.3/5 (172 download)
Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0822371782
Total Pages : 282 pages
Book Rating : 4.8/5 (223 download)
Download or read book Domesticating Democracy written by Susan Helen Ellison and published by Duke University Press. This book was released on 2018-04-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0822376369
Total Pages : 335 pages
Book Rating : 4.8/5 (223 download)
Download or read book Rhythms of the Pachakuti written by Raquel Gutiérrez Aguilar and published by Duke University Press. This book was released on 2014-08-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1317385942
Total Pages : 302 pages
Book Rating : 4.3/5 (173 download)
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.
Author : Miriam Seemann
Publisher : Springer
ISBN 13 : 1137545232
Total Pages : 245 pages
Book Rating : 4.1/5 (375 download)
Download or read book Water Security, Justice and the Politics of Water Rights in Peru and Bolivia written by Miriam Seemann and published by Springer. This book was released on 2016-04-08 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author scrutinizes the claim of policy-makers and experts that legal recognition of local water rights would reduce water conflict and increase water security and equality for peasant and indigenous water users. She analyzes two distinct 'top-down' and 'bottom-up' formalization policies in Peru and Bolivia - neoliberal the former, indigenist-socialist the latter. The policies have intended and unintended consequences and impact on marginalized peasants and the complex inter-legal systems for providing water security on the ground. This study seeks to debunk the official myth of the need to create state-centric, top-down legal security in complex, pluralistic water realities. The engagement between formal and alternative 'water securities' and controversial notions of 'rightness' is interwoven and contested; a complex setting is unveiled that forbids one-size-fits-all solutions. Peru's and Bolivia's case studies demonstrate how formalization policies, while aiming to enhance inclusion, in practice actually reinforce exclusion of the marginalized. Water rights formalization is certainly no panacea.
Author : Mark Goodale
Publisher : Duke University Press
ISBN 13 : 1478007230
Total Pages : 195 pages
Book Rating : 4.4/5 (78 download)
Download or read book A Revolution in Fragments written by Mark Goodale and published by Duke University Press. This book was released on 2019-11-22 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The years between 2006 and 2015, during which Evo Morales became Bolivia's first indigenous president, have been described as a time of democratic and cultural revolution, world renewal (Pachakuti), reconstituted neoliberalism, or simply “the process of change.” In A Revolution in Fragments Mark Goodale unpacks these various analytical and ideological frameworks to reveal the fragmentary and contested nature of Bolivia's radical experiments in pluralism, ethnic politics, and socioeconomic planning. Privileging the voices of social movement leaders, students, indigenous intellectuals, women's rights activists, and many others, Goodale uses contemporary Bolivia as an ideal case study with which to theorize the role that political agency, identity, and economic equality play within movements for justice and structural change.
Author : Yazid Ben Hounet
Publisher : Routledge
ISBN 13 : 131723894X
Total Pages : 183 pages
Book Rating : 4.3/5 (172 download)
Download or read book Truth, Intentionality and Evidence written by Yazid Ben Hounet and published by Routledge. This book was released on 2017-03-27 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an anthropological exploration of the ways in which crime is perceived and defined, focusing on notions of truth, intentionality, and evidence. The chapters contain rich ethnographic case studies drawn from work in the Middle East, Africa, India, Mexico and Europe. A variety of instances are discussed, from court proceedings, police reports and newspapers to moments of conflict resolution and reconciliation. Through analysis of this material, the authors reflect on how perception of an act as a crime can differ and how the definition of crime may not be shared by all societies. The approach takes into consideration local standards as well as social, legal and contextual constraints.
Author : Rutgerd Boelens
Publisher :
ISBN 13 :
Total Pages : 606 pages
Book Rating : 4.:/5 (321 download)
Download or read book The Rules of the Game and the Game of the Rules written by Rutgerd Boelens and published by . This book was released on 2008 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis has a threefold setup.
Author : Willem Assies
Publisher : Purdue University Press
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.:/5 (321 download)
Download or read book The Challenge of Diversity written by Willem Assies and published by Purdue University Press. This book was released on 2000 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past several years new constitutions have been promulgated in many Latin American countries. A notable feature of the new constitutional frameworks is the recognition of the multiethnic and pluricultural character of these Latin American societies and States. Without question this fact reflects the new weight that indigenous movements have gained in political processes in the region. The recognition of multiethnicity constitutes a significant break with the previous perspective based on homogeneity and assimilation. Although this recognition of diversity is indeed important, the real test and challenge shall be the full implementation of diversity through concrete policies and institutional reforms.
Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1136191577
Total Pages : 249 pages
Book Rating : 4.1/5 (361 download)
Download or read book Gender Justice and Legal Pluralities written by Rachel Sieder and published by Routledge. This book was released on 2013-06-17 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
Author : Rachel Sieder
Publisher : Rutgers University Press
ISBN 13 : 0813587956
Total Pages : 310 pages
Book Rating : 4.8/5 (135 download)
Download or read book Demanding Justice and Security written by Rachel Sieder and published by Rutgers University Press. This book was released on 2017-06-16 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
