The legal imaginary of "indigeneity"

This article analyzes how the most important Peruvian legal-political institution with jurisdiction over indigenous issues, the Ministry of Culture, has constructed “indigeneity” since its creation in 2010 and until 2020. To achieve this aim, the article uses the cultural analysis of law as its main...

Full description

Saved in:
Bibliographic Details
Main Author: Erika León Angulo
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2022-08-01
Series:Oñati Socio-Legal Series
Subjects:
Online Access:https://opo.iisj.net/index.php/osls/article/view/1497
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1850268042323296256
author Erika León Angulo
author_facet Erika León Angulo
author_sort Erika León Angulo
collection DOAJ
description This article analyzes how the most important Peruvian legal-political institution with jurisdiction over indigenous issues, the Ministry of Culture, has constructed “indigeneity” since its creation in 2010 and until 2020. To achieve this aim, the article uses the cultural analysis of law as its main theoretical-methodological approach, which proposes the study of contextualized spatio-temporal subjects. These subjects are created by legal categories and narratives found in the Ministry’s legal documents and materials. The inductive and interpretative analysis of these documents and materials show that the Ministry of Culture constructs four types of “indigeneity”: i) generic, “indigenous peoples”, ii) natural, indigenous peoples in isolation or initial contact, iii) organized, community indigenous peoples, and iv) citizen, urban indigenous individuals. These findings demonstrate that the Peruvian Ministry of Culture has constructed different types of “indigeneity” and that this diverse and often discordant types of “indigeneity” create a complex relationship between the indigenous peoples and the state.
format Article
id doaj-art-85746888235043fb98245029ccb5b641
institution OA Journals
issn 2079-5971
language English
publishDate 2022-08-01
publisher Oñati International Institute for the Sociology of Law
record_format Article
series Oñati Socio-Legal Series
spelling doaj-art-85746888235043fb98245029ccb5b6412025-08-20T01:53:34ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712022-08-0112410.35295/osls.iisl/0000-0000-0000-13152208The legal imaginary of "indigeneity"Erika León Angulo0Pontificia Universidad Católica del PerúThis article analyzes how the most important Peruvian legal-political institution with jurisdiction over indigenous issues, the Ministry of Culture, has constructed “indigeneity” since its creation in 2010 and until 2020. To achieve this aim, the article uses the cultural analysis of law as its main theoretical-methodological approach, which proposes the study of contextualized spatio-temporal subjects. These subjects are created by legal categories and narratives found in the Ministry’s legal documents and materials. The inductive and interpretative analysis of these documents and materials show that the Ministry of Culture constructs four types of “indigeneity”: i) generic, “indigenous peoples”, ii) natural, indigenous peoples in isolation or initial contact, iii) organized, community indigenous peoples, and iv) citizen, urban indigenous individuals. These findings demonstrate that the Peruvian Ministry of Culture has constructed different types of “indigeneity” and that this diverse and often discordant types of “indigeneity” create a complex relationship between the indigenous peoples and the state. https://opo.iisj.net/index.php/osls/article/view/1497Indigeneityindigenous peoplesMinistry of Culturelegal imaginaryinterpretative anthropologyanthropology of law
spellingShingle Erika León Angulo
The legal imaginary of "indigeneity"
Oñati Socio-Legal Series
Indigeneity
indigenous peoples
Ministry of Culture
legal imaginary
interpretative anthropology
anthropology of law
title The legal imaginary of "indigeneity"
title_full The legal imaginary of "indigeneity"
title_fullStr The legal imaginary of "indigeneity"
title_full_unstemmed The legal imaginary of "indigeneity"
title_short The legal imaginary of "indigeneity"
title_sort legal imaginary of indigeneity
topic Indigeneity
indigenous peoples
Ministry of Culture
legal imaginary
interpretative anthropology
anthropology of law
url https://opo.iisj.net/index.php/osls/article/view/1497
work_keys_str_mv AT erikaleonangulo thelegalimaginaryofindigeneity
AT erikaleonangulo legalimaginaryofindigeneity