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...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2022-08-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1497 |
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| 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.
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| 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 |