Author: Rachel Sieder
Publisher: University of London Press
ISBN:
Category : Law
Languages : en
Pages : 80
Book Description
Customary Law and Democratic Transition in Guatemala
Author: Rachel Sieder
Publisher: University of London Press
ISBN:
Category : Law
Languages : en
Pages : 80
Book Description
Publisher: University of London Press
ISBN:
Category : Law
Languages : en
Pages : 80
Book Description
Social Movements, Indigenous Politics and Democratisation in Guatemala
Author: Roderick Leslie Brett
Publisher: BRILL
ISBN: 9004165525
Category : Political Science
Languages : en
Pages : 245
Book Description
Drawing on social movement theory, this book presents a comprehensive analysis of the evolution of collective action during Guatemalaa (TM)s democratic transition (1985-1996) and the accompanying impact of social movements on democratisation, focusing on three indigenous peoplesa (TM) social movement organisations.
Publisher: BRILL
ISBN: 9004165525
Category : Political Science
Languages : en
Pages : 245
Book Description
Drawing on social movement theory, this book presents a comprehensive analysis of the evolution of collective action during Guatemalaa (TM)s democratic transition (1985-1996) and the accompanying impact of social movements on democratisation, focusing on three indigenous peoplesa (TM) social movement organisations.
Social Movements, Indigenous Politics and Democratisation in Guatemala, 1985-1996
Author: Mark G. Brett
Publisher: BRILL
ISBN: 9047433076
Category : Social Science
Languages : en
Pages : 245
Book Description
This book analyses patterns of collective action that emerged during Guatemala’s democratic transition between 1985 and 1996, focusing in particular on the role of indigenous actors in the political processes undergirding and shaping democratisation and the respective impact of the transition upon indigenous social movements. Comparatively little has been written about collective action in Guatemala within the discipline of political science, despite the mobilisation of a wide range of social movements in response to the brutal armed conflict; rather, literature has focused principally on the role of elite actors in democratisation. This study presents a fresh perspective, presenting an analysis of the political evolution of three social movements and their human rights platforms through the framework of social movement theory.
Publisher: BRILL
ISBN: 9047433076
Category : Social Science
Languages : en
Pages : 245
Book Description
This book analyses patterns of collective action that emerged during Guatemala’s democratic transition between 1985 and 1996, focusing in particular on the role of indigenous actors in the political processes undergirding and shaping democratisation and the respective impact of the transition upon indigenous social movements. Comparatively little has been written about collective action in Guatemala within the discipline of political science, despite the mobilisation of a wide range of social movements in response to the brutal armed conflict; rather, literature has focused principally on the role of elite actors in democratisation. This study presents a fresh perspective, presenting an analysis of the political evolution of three social movements and their human rights platforms through the framework of social movement theory.
Culture and Rights
Author: Jane K. Cowan
Publisher: Cambridge University Press
ISBN: 9780521797351
Category : Law
Languages : en
Pages : 276
Book Description
Part I: Setting universal rights
Publisher: Cambridge University Press
ISBN: 9780521797351
Category : Law
Languages : en
Pages : 276
Book Description
Part I: Setting universal rights
Comparative Law and Anthropology
Author: James A.R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 1781955182
Category : Law
Languages : en
Pages : 1084
Book Description
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Publisher: Edward Elgar Publishing
ISBN: 1781955182
Category : Law
Languages : en
Pages : 1084
Book Description
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Multicultural Odysseys
Author: Will Kymlicka
Publisher: OUP Oxford
ISBN: 0191623369
Category : Political Science
Languages : en
Pages : 789
Book Description
We are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal human rights, Kymlicka shows that the sort of multiculturalism that is being globalized is inspired and constrained by the human rights revolution, and embedded in a framework of liberal-democratic values. However, the formulation and implementation of these international norms has generated a number of dilemmas. The policies adopted by international organizations to deal with ethnic diversity are driven by conflicting impulses. Pessimism about the destabilizing consequences of ethnic politics alternates with optimism about the prospects for a peaceful and democratic form of multicultural politics. The result is often an unstable mix of paralyzing fear and naïve hope, rooted in conflicting imperatives of security and justice. Moreover, given the enormous differences in the characteristics of minorities (eg., their size, territorial concentration, cultural markers, historic relationship to the state), it is difficult to formulate standards that apply to all groups. Yet attempts to formulate more targeted norms that apply only to specific categories of minorities (eg., "indigenous peoples" or "national minorities") have proven controversial and unstable. Kymlicka examines these dilemmas as they have played out in both the theory and practice of international minority rights protection, including recent developments regarding the rights of national minorities in Europe, the rights of indigenous peoples in the Americas, as well as emerging debates on multiculturalism in Asia and Africa.
Publisher: OUP Oxford
ISBN: 0191623369
Category : Political Science
Languages : en
Pages : 789
Book Description
We are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal human rights, Kymlicka shows that the sort of multiculturalism that is being globalized is inspired and constrained by the human rights revolution, and embedded in a framework of liberal-democratic values. However, the formulation and implementation of these international norms has generated a number of dilemmas. The policies adopted by international organizations to deal with ethnic diversity are driven by conflicting impulses. Pessimism about the destabilizing consequences of ethnic politics alternates with optimism about the prospects for a peaceful and democratic form of multicultural politics. The result is often an unstable mix of paralyzing fear and naïve hope, rooted in conflicting imperatives of security and justice. Moreover, given the enormous differences in the characteristics of minorities (eg., their size, territorial concentration, cultural markers, historic relationship to the state), it is difficult to formulate standards that apply to all groups. Yet attempts to formulate more targeted norms that apply only to specific categories of minorities (eg., "indigenous peoples" or "national minorities") have proven controversial and unstable. Kymlicka examines these dilemmas as they have played out in both the theory and practice of international minority rights protection, including recent developments regarding the rights of national minorities in Europe, the rights of indigenous peoples in the Americas, as well as emerging debates on multiculturalism in Asia and Africa.
The Challenge of Legal Pluralism
Author: Marc Simon Thomas
Publisher: Taylor & Francis
ISBN: 131703919X
Category : Law
Languages : en
Pages : 267
Book Description
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.
Publisher: Taylor & Francis
ISBN: 131703919X
Category : Law
Languages : en
Pages : 267
Book Description
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.
Indigenous Peoples' Land Rights under International Law
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Indigenous Movements, Self-Representation, and the State in Latin America
Author: Kay B. Warren
Publisher: University of Texas Press
ISBN: 0292786743
Category : Social Science
Languages : en
Pages : 305
Book Description
Throughout Latin America, indigenous peoples are responding to state violence and pro-democracy social movements by asserting their rights to a greater measure of cultural autonomy and self-determination. This volume's rich case studies of movements in Colombia, Guatemala, and Brazil weigh the degree of success achieved by indigenous leaders in influencing national agendas when governments display highly ambivalent attitudes about strengthening ethnic diversity. The contributors to this volume are leading anthropologists and indigenous activists from the United States and Latin America. They address the double binds of indigenous organizing and "working within the system" as well as the flexibility of political tactics used to achieve cultural goals outside the scope of state politics. The contributors answer questions about who speaks for indigenous communities, how indigenous movements relate to the popular left, and how conflicts between the national indigenous leadership and local communities play out in specific cultural and political contexts. The volume sheds new light on the realities of asymmetrical power relations and on the ways in which indigenous communities and their representatives employ Western constructions of subjectivity, alterity, and authentic versus counterfeit identity, as well as how they manipulate bureaucratic structures, international organizations, and the mass media to advance goals that involve distinctive visions of an indigenous future.
Publisher: University of Texas Press
ISBN: 0292786743
Category : Social Science
Languages : en
Pages : 305
Book Description
Throughout Latin America, indigenous peoples are responding to state violence and pro-democracy social movements by asserting their rights to a greater measure of cultural autonomy and self-determination. This volume's rich case studies of movements in Colombia, Guatemala, and Brazil weigh the degree of success achieved by indigenous leaders in influencing national agendas when governments display highly ambivalent attitudes about strengthening ethnic diversity. The contributors to this volume are leading anthropologists and indigenous activists from the United States and Latin America. They address the double binds of indigenous organizing and "working within the system" as well as the flexibility of political tactics used to achieve cultural goals outside the scope of state politics. The contributors answer questions about who speaks for indigenous communities, how indigenous movements relate to the popular left, and how conflicts between the national indigenous leadership and local communities play out in specific cultural and political contexts. The volume sheds new light on the realities of asymmetrical power relations and on the ways in which indigenous communities and their representatives employ Western constructions of subjectivity, alterity, and authentic versus counterfeit identity, as well as how they manipulate bureaucratic structures, international organizations, and the mass media to advance goals that involve distinctive visions of an indigenous future.
Paradise in Ashes
Author: Beatriz Manz
Publisher: Univ of California Press
ISBN: 9780520240162
Category : History
Languages : en
Pages : 346
Book Description
An account of the violence and repression that defined the murderous Guatemalan civil war of the 1980s. Manz, an anthropologist, spent over two decades studying the Mayan highlands and remote rain forests of Guatemala. In a political portrait of Santa María Tzejá, where highland Maya peasants seeking land settled in the 1970s, Manz describes these villagers' plight as their isolated, lush, but deceptive paradise became one of the centers of the war convulsing the entire country. After their village was viciously sacked in 1982, desperate survivors fled into the surrounding rain forest and eventually to Mexico, and some even further, to the United States, while others stayed behind and fell into the military's hands. Manz follows their flight and eventual return to Santa María Tzejá, where they sought to rebuild their village and their lives. From publisher description.
Publisher: Univ of California Press
ISBN: 9780520240162
Category : History
Languages : en
Pages : 346
Book Description
An account of the violence and repression that defined the murderous Guatemalan civil war of the 1980s. Manz, an anthropologist, spent over two decades studying the Mayan highlands and remote rain forests of Guatemala. In a political portrait of Santa María Tzejá, where highland Maya peasants seeking land settled in the 1970s, Manz describes these villagers' plight as their isolated, lush, but deceptive paradise became one of the centers of the war convulsing the entire country. After their village was viciously sacked in 1982, desperate survivors fled into the surrounding rain forest and eventually to Mexico, and some even further, to the United States, while others stayed behind and fell into the military's hands. Manz follows their flight and eventual return to Santa María Tzejá, where they sought to rebuild their village and their lives. From publisher description.