1st Edition

The Challenge of Legal Pluralism Local dispute settlement and the Indian-state relationship in Ecuador

By Marc Simon Thomas Copyright 2017
266 Pages
by Routledge

266 Pages
by Routledge

266 Pages
by Routledge

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... Read more


  1. An Introductory Overview




  2. Legal Pluralism, Multiculturalism, and the State






  3. Legal Pluralism in Ecuador






  4. The Parish of Zumbahua: Cohesion and Conflict






  5. Conflicts, Authorities and Procedures






  6. Interlegality at the Teniente Político’s Office






  7. Trouble in Tigua






  8. The La Cocha-Guantópolo Murder Case






  9. Conclusion


Biography

Marc Simon Thomas is a researcher in the Montaigne Centre for Judicial Administration and Conflict Resolution, Utrecht University, the Netherlands. His research and publications are focused on dispute settlement, legal anthropology and legal pluralism.

‘We have long needed a serious study of the Indigenous justice systems that recent constitutional revisions created in Ecuador. The thoughtful and compelling analysis in this book excels at advancing our understandings of these legal innovations, and their promises and shortcomings in the creation of a more just society.’

Professor Marc Becker, Truman State University, USA