Indigenous Customary Law in a Civil Law Context: Latin America and the Chilean Case
Based on anthropological and historical considerations, this paper analyses the evolution of the relationship between Western law and aboriginal custom in Latin America by focusing on the most tangible and problematic issue in customary law: land tenure. My aim is to provide a critical review...
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| Format: | Article |
| Language: | deu |
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Max Planck Institute for Legal History and Legal Theory
2016-01-01
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| Series: | Rechtsgeschichte - Legal History |
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| Online Access: | http://data.rg.mpg.de/rechtsgeschichte/rg24_302miguez.pdf |
| Summary: | Based on anthropological and historical considerations,
this paper analyses the evolution of the
relationship between Western law and aboriginal
custom in Latin America by focusing on the most
tangible and problematic issue in customary law:
land tenure. My aim is to provide a critical review
of the impact of the rule of law in the arrangement
of the alternative cosmologies that flows from the
material and spiritual relationship of indigenous
groups with their lands. Historical and political
issues will be emphasised to illustrate the current
problems concerning the interaction between custom
and formal law in the case of the Mapuche
people from Chile. By looking at some recent
developments in the arena of public law, indigenous
legislation and legal doctrine, the paper
finally suggests how private law discourse, which
traditionally has paid almost no attention to the
discussion of indigenous law, might be integrated
into the legal systems that widely recognise indigenous
customs. |
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| ISSN: | 1619-4993 2195-9617 |