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The Case of Piruani: Contested Justice, Legal Pluralism, and Indigeneity in Highland Bolivia
Author(s) -
Doyle Matthew
Publication year - 2021
Publication title -
polar: political and legal anthropology review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 27
eISSN - 1555-2934
pISSN - 1081-6976
DOI - 10.1111/plar.12424
Subject(s) - legal pluralism , indigenous , pluralism (philosophy) , constitution , politics , political science , law , economic justice , sociology , indigenous rights , religious pluralism , legal realism , legal research , epistemology , ecology , philosophy , biology
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. [legal pluralism, Indigenous justice, usos y costumbres, plurinational state, Movimiento al Socialismo]