
Contents
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Introduction Introduction
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Juridified subjectivities Juridified subjectivities
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Juridification and Indigenous Peoples Juridification and Indigenous Peoples
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The juridification of ‘Mayan law’ The juridification of ‘Mayan law’
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Engaged ethnography and juridification Engaged ethnography and juridification
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Conclusions Conclusions
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Acknowledgements Acknowledgements
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Notes Notes
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References References
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38 The Juridification of Politics
Get accessRachel Sieder holds a Ph.D. in Politics from the University of London. She is Senior Research Professor at the Center for Research and Graduate Studies in Social Anthropology (CIESAS) in Mexico City, where she teaches legal and political anthropology. She is also an associate senior researcher at the Chr. Michelsen Institute in Bergen, Norway. She has worked for the past three decades on Central America, and her research interests include human rights, Indigenous rights, social movements, Indigenous law, legal anthropology, the state, and violence. Her most recent books include (with María Teresa Sierra and Rosalva Aída Hernández) Justicias Indígenas y Estado: Violencias Contemporáneas (FLACSO/CIESAS, 2013), Demanding Justice and Security: Indigenous Women and Legal Pluralities in Latin America (Rutgers University Press, 2017), and (with Karina Ansolabehere and Tatiana Alfonso Sierra) The Routledge Handbook of Law and Society (Routledge, 2019).
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Published:08 October 2020
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Abstract
This chapter reviews the principle debates on the juridification of politics, discussing anthropological analysis of the juridification of Indigenous politics. While much of the broader debate refers principally to the diffusion and vernacularization of state and international law, and the subjectivities generated by engagements with dominant norms and institutions, here I turn the lens on the complex dialectics involved in Indigenous Peoples’ juridification of their own forms of law or what in Spanish is referred to as derecho propio. Drawing on my ethnographic work in Guatemala, I trace the different ways in which Mayan rights activists and their allies have analysed, systematized, and defended their own forms of law in the context of battles for state recognition of legal pluralism in the post-war period. I point to the potentialities inherent in the juridification and auto-juridification of Mayan law, arguing that different legal engagements can be read as exchanges that also contain and transmit a politics of what Audra Simpson (2015) has termed ‘indigenous refusal’. By articulating claims and narratives that assert the sovereignty of their specific time-space over territories, peoples, and practices in the past, present, and future, Indigenous Peoples reject the sovereign jurisdictional claims and specific temporalities and ontologies of state legality and international human rights law, envisioning alternative futures. I also reflect on the challenges for anthropologists involved in the juridification and auto-juridification of Indigenous law, advocating critical engagement that furthers an intercultural epistemological dialogue aimed at radically transforming racialized structures of dispossession.
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