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Juridification in the Archipelago of (In)Justice: Indigenous Rights and Legal Culture(s) in Post-Conflict Guatemala |
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Abstract:
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This paper specifically focuses on processes of juridification whereby indigenous social movements stake their claims to collective rights to greater autonomy not by resorting to the courts, but rather by mimicking the state or by constituting “alternative (para)-legalities”. It analyzes efforts by indigenous social movements in Guatemala to contest development projects involving natural resource exploitation and demand their international rights to prior consultation through ‘para-legal’ means. Built on a mixture of local practices, global rights discourses, and international instruments and institutions, these processes of juridification are a new feature in a highly plural legal environment, and challenge the very legitimacy and practice of state law. I argue that this can be understood as a response to economic and legal globalization, and also to the acute deficiencies of the rule of law in Guatemala. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Sieder, Rachel. "Juridification in the Archipelago of (In)Justice: Indigenous Rights and Legal Culture(s) in Post-Conflict Guatemala" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p177357_index.html> |
APA Citation:
| Sieder, R. , 2007-07-25 "Juridification in the Archipelago of (In)Justice: Indigenous Rights and Legal Culture(s) in Post-Conflict Guatemala" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2009-05-24 from http://www.allacademic.com/meta/p177357_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper specifically focuses on processes of juridification whereby indigenous social movements stake their claims to collective rights to greater autonomy not by resorting to the courts, but rather by mimicking the state or by constituting “alternative (para)-legalities”. It analyzes efforts by indigenous social movements in Guatemala to contest development projects involving natural resource exploitation and demand their international rights to prior consultation through ‘para-legal’ means. Built on a mixture of local practices, global rights discourses, and international instruments and institutions, these processes of juridification are a new feature in a highly plural legal environment, and challenge the very legitimacy and practice of state law. I argue that this can be understood as a response to economic and legal globalization, and also to the acute deficiencies of the rule of law in Guatemala. |
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