El derecho a un sistema jurídico propio y autónomo en los pueblos indígenas de América Latina
ISSN: 1698-7950
Year of publication: 2012
Issue: 16
Pages: 183-213
Type: Article
More publications in: Universitas: Revista de Filosofía, Derecho y Política
Abstract
The indigenous peoples of Latin America claim their own autonomous law other than that of the state, but not in conflict with it. The justification for this aspiration is based on the uniqueness of this distinct collective and customary law, which is rather different from state law and the perception of it as the only binding law. Both procedural law and indigenous criminal law show a sense of community in their historical development, passed down from generation to generation, highlighting the importance of mediation in its application.