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The case of Piruani: contested justice, legal pluralism, and indigeneity in highland Bolivia

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journal contribution
posted on 2023-06-10, 00:24 authored by Matthew Doyle
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community resulted in a disagreement between different local forms of political and judicial authority. This turned on the question of which authorities had the right to judge the case, the nature of justice and indigeneity, and the legal pluralism enshrined in the constitution. Analysis of this situation illustrates not only the internal tensions and paradoxical effects of this juridical project but also the potential limitations of any attempt to formally recognize legal plurality.

History

Publication status

  • Published

File Version

  • Published version

Journal

PoLAR: Political and Legal Anthropology Review

ISSN

1555-2934

Publisher

Wiley

Issue

1

Volume

44

Page range

60-74

Department affiliated with

  • Anthropology Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2021-07-20

First Open Access (FOA) Date

2021-07-20

First Compliant Deposit (FCD) Date

2021-07-18

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