Title:

Customary Law or Ordinary Lawlessness

Subtitle:

Ethnologia Polona 31-32 (2010-2011)

Creator:

Krysińska-Kałużna, Magdalena

Publisher:

Institute of Archaeology and Ethnology Polish Academy of Sciences

Place of publishing:

Warszwa

Date issued/created:

2010-2011

Description:

24 cm

Type of object:

Journal/Article

Subject and Keywords:

customary law ; statutory law ; Huaorani ; Taromenane ; Ecuador

Abstract:

The article, referring primarily to the situation in Latin America, indicates the necessity to specify the mutual relations between traditional and statutory law with more clarity. The lack of unambiguous criteria defining the scope of native jurisdiction and the applicability of customary law in countries which have officially recognised its validity often makes it very difficult or even impossible to apply these laws. On the other hand, the lack of precise criteria may contribute to events such as the extermination of an isolated indigenous group called the Taromenane in Ecuador in 2003. The problem of particular importance is the native representation and jurisdiction in the case of a conflict of interest between different native groups or two fractions within the same group, as well as the issue of the decisive principle in defining the hierarchy of legal norms, including the different native norms

Relation:

Ethnologia Polona

Volume:

31-32

Start page:

207

End page:

219

Resource type:

Text

Detailed Resource Type:

Article

Format:

application/pdf

Resource Identifier:

0137-4079

Source:

IAiE PAN, call no. P 366 ; IAiE PAN, call no. P 367 ; IAiE PAN, call no. P 368 ; click here to follow the link

Language:

eng

Digitizing institution:

Institute of Archaeology and Ethnology of the Polish Academy of Sciences

Original in:

Library of the Institute of Archaeology and Ethnology of the Polish Academy of Sciences

Access:

Open