Abstract

CASTILLO GALLARDO, Mayarí. Pueblos indígenas y derecho consuetudinario: Un debate sobre las teorías del multiculturalismo. Nueva antropol [online]. 2009, vol.22, n.71, pp.13-29. ISSN 0185-0636.

This work aims to discuss the various approaches to common law and the legal treatment of indigenous peoples from the different theoretical perspectives that have given answers to these questions. The guiding hypothesis is that there is a problematic node which hasn't been resolved yet by hegemonic multicultural discourses. This node is the inclusion of cultural diversity as the inclusion of a "real other" who embodies a way of life based on radically different ethic and moral conceptions relative to those which provided the foundations for the construction of western States. This point can't be resolved neither by some radical legal relativism as stated by the most radical theories of legal anthropology. This work tries to find a common ground between both poles in the theoretical debate, aiming to further the discussion on the subject.

Keywords : multiculturalism; indigenous peoples; common law.

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