scholarly journals Estatus jurídico político de los pueblos indígenas del Perú: perspectivas del modelo de Estado Constitucional de Derecho

2017 ◽  
pp. 103
Author(s):  
Mercedes Manríquez Roque
Keyword(s):  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Latin American ◽  
Legal System ◽  
Critical Reflection ◽  
Political Status ◽  
National Legal System ◽  
Constitutional Evolution ◽  
Territorial Rights ◽  
The Moment

<p>This article carries out an approach to the constitutional evolution of the rights of the indigenous peoples of the Peru. Also, examines how much it has advanced in the establishment of the guarantees of the cultural plurality of the indigenous peoples; in particular, the relative to the recognition of the cultural diversity of the Nation, the juridical-political status of the indigenous peoples, the protection of the territorial rights and the plural justice. Likewise, analyzes the demands of constitutionalization of rights of the Andean and Amazon indigenous peoples, and the juridical-political barriers that have not allowed the statement of their rights in the national legal system until the moment. Lastly, makes a critical reflection on the perspective of the rights of the indigenous peoples, starting from the indigenous perception on the statement of their rights and their vision on the constitutionalization of their rights in the context of the Latin American constitutionalism of the multicultural constitutionalism toward the constitutionalism plurinational.</p><p><strong>Published online</strong>: 11 December 2017</p>

“The Law of the New Hebrides is the Protector of their Lawlessness”: Justice, Race and Colonial Rivalry in the Early Anglo-French Condominium

2017 ◽  
Vol 35 (3) ◽  
pp. 595-620
Author(s):  
Kate Stevens
Keyword(s):  
Cultural Diversity ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Colonial Period ◽  
New Hebrides ◽  
Native Code ◽  
The Law ◽  
The Moment ◽  
And Linguistics

[It] is not I who am on trial here today, but the Law of the New Hebrides.In 1906, Britain and France jointly annexed the New Hebrides. A y-shaped archipelago in the southwest Pacific Ocean, the New Hebrides—which became Vanuatu upon independence in 1980—comprised some eighty islands characterized by high levels of linguistic and cultural diversity. At the moment of annexation, there were also Presbyterian, Anglican, and Catholic missionaries and Euro-American planters and traders, who overlaid religious and national divisions onto the existing social and linguistics ones. Anglo-French rule under the New Hebrides Condominium added a hybrid legal system to this complex mix. During the colonial period, four distinct jurisdictions existed, indicative of the divided, rival nature of governance. These included joint Condominium law, British common law, French civil law, and from 1928, a native code and courts. The plurality and ambiguity of the legal system left ample space for critique and for alternative, extrajudicial justice, as this article explores.

scholarly journals Humanismo, diversidad e identidad. Relecturas de José Martí en el pensamiento latinoamericano contemporáneo

2018 ◽  
pp. 137
Author(s):  
Dante Ramaglia
Keyword(s):  
Cultural Diversity ◽  
Latin American ◽  
Jose Marti ◽  
Authentic Identity ◽  
The Moment

Resumen:Se examina en la obra de José Martí la relevancia que poseen sus ideas respecto a las postulaciones próximas a un humanismo pleno e inclusivo, que atiende tanto a la significación asignada a la diversidad social y cultural como a la afirmación de una identidad auténtica, lo cual es considerado como requisito para afianzar la autonomía e integración de las naciones latinoamericanas a fines del siglo XIX.La elaboración de esta temática en el escritor cubano reviste una singu- laridad que se trata de presentar en relación con el momento en que inscribe sus textos más conocidos, entre los que se destaca el ensayoNuestra América. Igualmente, interesa poner de relieve las interpretaciones que se han realizado desde el pensamiento contemporáneo, que vienen a enfatizar la vigencia de sus propuestas para la filosofía latinoamericana.Palabras clave: José Martí – Humanismo – Diversidad – Identidad – Filosofía latinoamericanaAbstract:The article examines José Martí’s work and the relevance of his ideas regarding nominations to a full and inclusive humanism addressing both the significance assigned to social and cultural diversity and the affirmation of an authentic identity, which is considered a requirement to strengthen autonomy and integration of Latin American nations at the end of the 19th Century.The development of this theme by the Cuban writer is unique in relation to the moment in which he inscribes his most well-known texts, among which the essay Nuestra América (Our America) is highlighted. Likewise, it is interested in highlighting interpretations made from the contem- porary thinking which emphasize the validity of his proposals for Latin American philosophy.Keywords: José Martí – Humanism – Diversity – Identity – Latin American PhilosophyResumo:Examina-se na obra de José Martí a relevância que possuem as suas ideias relativamente aos postulados próximos a um humanismo pleno e inclusivo, que atende tanto à significação atribuída à diversidade social e cultural quanto à afirmação de uma identidade autêntica, o qual é considerado como requisito para assegurar a autonomia e integração das nações latino-americanas no final do século XIX.A elaboração desta temática no escritor cubano reviste uma singularidade que se tenta apresentar em relação ao momento em que inscreve os seus textos mais conhecidos, entre os que se destaca o ensaio Nossa América. Igualmente, interessa salientar as interpretações que se têm realizado desde o pensamento contemporâneo, que vêm enfatizar a vigência das suas propostas para a filosofia latino-americana.Palavras-chave: José Martí – Humanismo – Diversidade – Identidade – Filosofia latino-americana

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

A Study on the works of Elizabeth Cook-Lynn with reference to Indian Genocide

IJOHMN ◽  
2017 ◽  
Vol 3 (6) ◽  
pp. 31-43
Author(s):  
V. Padmanaban
Keyword(s):  
Native American ◽  
Indigenous Peoples ◽  
Native American Studies ◽  
American Government ◽  
White American ◽  
Political Status ◽  
The People ◽  
Indigenous Lands ◽  
Westward Movement ◽  
Wounded Knee

This work is a study on the works of Elizabeth Cook-Lynn who is proficient scholar and hails from South Dakotas and Sioux nations and their turmoil, anguish and lamentation to retrieve their lands and preserve their culture and race. Many a aboriginals were killed in the post colonization. Elizabeth Cook-Lynn grieves and her lamentation for the people of Dakotas yields sympathy towards the survived at Wounded Knee massacre and the great exploitation of the livelihood of the indigenous people and the cruelty of American Federal government. Treaty conserved indigenous lands had been lost due to the title of Sioux Nation and many Dakotas and Dakotas had been forced off from their homelands due to the anti-Indian legislation, poverty and federal Indian – white American policy. The whites had no more regard for or perceiving the native’s peoples’ culture and political status as considered by Jefferson’s epoch. And to collect bones and Indian words, delayed justice all these issues tempt her to write. The authors accuses that America was in ignorance and racism and imperialism which was prevalent in the westward movement. The natives want to recall their struggles, and their futures filled with uncertainty by the reality and losses by the white and Indian life in America which had undergone deliberate diminishment by the American government sparks the writer to back for the indigenous peoples. This multifaceted study links American study with Native American studies. This research brings to highlight the unchangeable scenario of the Native American who is in the bonds of as American further this research scrutinizes Elizabeth’s diplomacy and legalized decolonization theory which reflects in her literature career and her works but defies to her own doctrines.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

scholarly journals Cultural Diversity and Religious Reflexivity in an Intercultural Chilean Parish

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 118
Author(s):  
Felipe Orellana
Keyword(s):  
Cultural Diversity ◽  
Latin American ◽  
Charles Taylor ◽  
Theoretical Framework ◽  
Cultural Pluralism ◽  
Religious Conviction ◽  
Peter Berger ◽  
Personal Belief ◽  
The Difference

This research aims to analyze cultural diversity and its relationship with the personal belief in an Immigrant Parish. The discussion is framed within the topic of intercultural churches and parishes, although in a setting that has not been researched (Santiago, Chile). The research was carried out in the Latin-American Parish placed in Providencia, Santiago, and a qualitative framework was used to obtain and analyze the data. Cultural diversity is understood concerning religious reflexivity and under the idea that pluralism leads to a weakening of religious conviction, as Peter Berger argued. The theoretical framework makes the difference between the vision of Berger on cultural pluralism (pluralism inter-religion) and the viewpoint by Charles Taylor (pluralism intra-religion). On the contrary to Berger, the findings of this research showed that cultural diversity and pluralism are elements that produce a strengthening of individual beliefs.

scholarly journals The materiality of languages in engagements with the environment

Multilingua ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Laura Siragusa ◽  
Pirjo Kristiina Virtanen
Keyword(s):  
Indigenous Peoples ◽  
Social Relations ◽  
Environmental Crisis ◽  
Social Worlds ◽  
Special Issue ◽  
Communicative Practices ◽  
Related Language ◽  
Global North ◽  
The Moment ◽  
Human Actors

Abstract Communication, an apparently intangible practice, does in fact affect the way people engage with their social worlds in very material ways. Inspired by both ethnographic and archival-driven research, this special issue aims to fill the gap in studies of language materiality by addressing entanglements with other-than-human agencies. The contributions of this special issue on verbal and non-verbal communicative practices among Indigenous peoples and ethnic minorities in the Global North and the South interpret language materiality as practice- and process-oriented, performative, and embodied relations between humans and other-than-human actors. The articles cover three major sub-themes, which ostensibly intertwine to a greater or lesser degree in all the works: (in-)visible actors and elements-related language; language materiality narrating and producing sociality; and the emotions and affect of language. The topic of this special issue, the materiality of languages, manifested in multiple engagements with the environment, proves particularly critical at the moment, given the current environmental crisis and the need to comprehend in more depth social relations with numerous other-than-human agencies.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

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