• Human Rights
• Land Law and Natural Resources Management. Legal Pluralism
Explain the relationship between alterity, complexity and interculturality in legal anthropology. Illustrate your answer through the presentation of two of the chapters of
the reader (introduction excluded). This answer should bebetween 8 and 10 pages
long, including your bibliography.
To be capable to explain the relationship between the tree concept, first of all it is necessary to know the definition of each one of them.
ALTERITY: A philosophical and anthropological term for the “other”. Cultural alterity is the process by which societies and cultures exclude particular people on account of their otherness.COMPLEXITY: The quality of being complex or composed of interconnected parts.
INTERCULTURALITY: of, relating to, or representing different cultures
These three concepts are very important in order to understand today's world and society.
Nowadays the economies, cultures and societies have become integrated, a process of integration among people, companies and governments of differentnations driven by international trade and investment and aided by information technology. This process is named globalization. The globalization is the major and most representative characteristic around us. It is necessary understand this process to be able to get to know the actual situation. In these area the world is facing many changes; in communications, transportation, and technology, it isbecoming smaller each day and people around the world moves from a place to another everyday, exchanging manners, ideas, customs, food... and this is extended to every aspect in our society, including economy, politics, law and culture. Now money, technology, finances, culture, ideas circulate more freely and huge corporations manufacture products in many countries and sell them all over the globe.One of the consequences is that the laws, economies and social movements are to be formed at the international level. Law, for example, has always been an area which concerns to the nation state, whose courts and police enforce legal rules. By contrast, international law has been weak in comparison, with little enforcements powers. But globalization is changing this and new global legalinstitutions are created.
One of the aspects that have been challenges in today's society by the globalization is the way two legal systems coexist within one geographic area. A example can be read in one of the readings suggested: “Where are the forests? Legal Pluralism and Land use Change in the Kollie Hills” There, it can be seen how in developing countries the natural resources are managedthrough customary laws. In that paper we are able to examine the manner in which the different competing legal domains(customary vs. statutory) confront each other, analyzing how the distinction between rules and people's practices is rarely so clear. This is a clear example of how two different cultures have to live in the same space and have to manage how to live together. It might see much easierthan it really is, but actually western and occidental cultures confront each other in many aspects.
What we called “customary law” can also be named “rules in use”, so that is the way the natives rule their existence since many generations ago. That means that is a law made up of rules that come from a general practice accepted as law and that exist independent of treaty law. In the example thatwe are using; India, it is possible to see that there is a great diversity within this concept, as it is regionally specific and rooted in given social and cultural practices.
Understanding customary law doesn't mean that the statutory law is seen in complete opposition, as it might seem in the first look, because the statutory doesn't exclude the customary totally, because the first tries...