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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.
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