Turning Legal Pluralism into State-Sanctioned Law: Assessing the Implications of the New Constitutions and Laws in Bolivia and Ecuador
Ethnically diverse societies have long faced the challenge of accommodating distinct and often conflictive normative orders within a single polity. Leaving the ideal of a single, ho-mogeneous legal order aside, many Latin American states have recently acknowledged the right of indigenous peoples to practice and generate proper law. The ensuing question of how to address the challenges implied by this state-sanctioned form of legal pluralism is examined by a comparison of Bolivia and Ecuador in this paper. Similarities between cases can be identified as to the definition and limits of indigenous jurisdictions and the coordi-nation among legal authorities. Marked differences exist with regard to the status of in-digenous law, the ability to appeal indigenous rulings, and the incorporation of indige-nous legal cultures into the state’s legal system. While the new frameworks constitute re-markable progress, their effects in the longer term will depend on the broader political context and the willingness to alter the long-established attitudes of justice operators and broader societies alike.
|Date of creation:||Aug 2011|
|Contact details of provider:|| Postal: Neuer Jungfernstieg 21, D-20354 Hamburg|
Phone: +49 (0)40 42825-593
Fax: +49 (0)40 42825-547
Web page: http://www.giga-hamburg.de/workingpapers
More information through EDIRC
|Order Information:|| Email: |
When requesting a correction, please mention this item's handle: RePEc:gig:wpaper:176. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bert Hoffmann)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.