(Posted in Law No. 296 of 30.03.2010, pp. 4-5)
FRANCISCO JOSE DEL SOLAR
Lawyer PUCP and the U. Central de Venezuela (UCV).
Graduate in Law, History and Communication Studies.
Professor of History of Law in UIGV.
Editorial Fund of the Pontifical University of Peru (PUCP) has published a valuable book entitled Diversity and legal complexity. Approaches to the Anthropology and History of Law, professor of the upper house of studies, Jorge Armando Guevara Gil, his law degree from the same university and a master's degree in Cultural Anthropology at the University of Wisconsin-Madison. Work not only try to summarize but also to comment or apostille under to share the same intellectual interests with the author.
BOOK is dedicated to her father (Rene Guevara Ochoa), and their children Sebastian and Alonso Guevara Urteaga. The author expresses his sincere gratitude to his wife and colleague, Patricia Urteaga Crovetto, as well as colleagues and friends who spared no efforts to materialize his work in ink and paper, and arrives at all interested in these issues vital to better understand our past and understand their real and objective dimension to our present, so that we can project or plan efficiently and effectively our future.
certainly Gil Guevara's book, which compiles a series of deep investigations were published in brainy articles published in academic journals either from abroad or the country, has the special virtue of its continuing relevance to the extent not resolved or overcome the problems of inequality, social exclusion, marginalization and poverty and extreme poverty that unfortunately characterizes our nation. In this sense, the introduction of Fernando de Trazegnies, who was his professor at the Faculty of Law PUCP makes a successful and accurate summary of what this work.
In this vein, the book with 354 pages, is divided into two parts. The first, devoted to the anthropology of law. It contains 6 chapters that develop: I. Legal pluralism; II. The structural causes of legal plurality in Peru, III. Bases for the study of legal diversity; IV. Water, law and diversity; V. Mirages developers and community autonomy. The impact of development projects on Lake Titicaca (1930-2006), and VI. The anthropological survey in the Superior Court of Justice of Loreto.
The second part addresses the fascinating topic of legal history in four chapters continue with the numbering of the previous section. She contributes to spreading the real new concept of true scientific history Andes, which was initiated in our country for the ethnohistorian Ukrainian-born American, John Victor Murra (Odessa 1916-New York 2006) and successfully continued by the national historians of Diez Canseco Maria Rostworowski (Barranco, Lima, n . 1915) and our teacher pointed at the Faculty of Arts PUCP, Franklin Pease García-Yrigoyen (1939-1999). The chapters in question are: VII. Law, history and social sciences. Dialogue between Carlos Ramos Núñez and Armando Guevara Gil. Legal Forum: Why bind Right and History, Law and Social Sciences?. VIII. A visit from Indians and creating political ritual "Indians" in the colonial Andes. IX. The chiefs and the "natural dominion" in the colonial Andes (Peru, XVI century). X. Between freedom and vows. The tribulations of Sister Dominga Gutiérrez (Arequipa, 1831). AUTHOR
PUCP is advocated. Won a scholarship to pursue a master's degree in U.S. university indicated above. He is currently associate professor in the Department of Law and Graduate School of their alma mater. In 2008, he received the Research Award PUCP (Class teacher) for his work: "Mirages developers and community autonomy." Item included in Chapter V, the book said.
Guevara Gil is an ordinary member of the Riva Agüero institutes for the Promotion of Water Management (IPROGA) and American Art Affiliate Cusco-Lima. Has been national coordinator of the Water Law and Indigenous Rights (WALIR-Peru, Wageningen University & ECLAC). Jorge Armando
recorded several publications to his haber.Entre others, land and property law colonial hacienda Documents Santotis, Cuzco. (1543-1822), published in 1993, Water and Law (editor with Rutgerd Boelens and David Getches, 2006); law, institutions and historical processes (editor with José de la Puente, 2008) Water rights and conflict in Peru (editor, 2008), etc.
APOSTILLE
Those who are interested in history and legal reality of the country, we can not miss or ignore this important new publication PUCP Publishing Fund, directed with great success by Arévalo Patricia Majluf, given that this book develops current debate topics such as cultural diversity and legal complexity in the multicultural field. Words words less, Guevara Gil argues that "diversity can not be eradicated, but rather cultivated to create forms of social life ever more human and in this task, the role of law is fundamental."
In this context, author "raises new perspectives of analysis and reflection that allow us to understand the social force of law, its influence in the shaping of society and the vibrant diversity and regulatory complexity that characterizes the Peruvian society. " Hence, calls for "tolerance, democracy, respect for different ways of thinking and the protection of cultural differences."
Well, we think the future of the law is developing and implementing vision and interpretation from an interdisciplinary and multicultural approach. This is because, finally, the law is a cultural experience and social development that goes beyond, way beyond, Constitution, laws, decrees, resolutions, etc.. Without doubt, the law involves jurisprudence, doctrine, legal and cultural customs, conceptions of life and hope of the people who generate their "legal tradition" in the words of renowned American jurist John Henry Merryman (b. 1920), professor of the School of Law at Stanford University. I contend that for decades has taught us in Peru, the best history teacher of law, the jurist Juan Vicente Ugarte del Pino (Lima, n. 1926) and for some years with great skill takes Jorge Armando Guevara Gil.
However, this approach does not involve law to consider or call "full", since it generates or creates confusion. Hence, the better the name of "regulation, control or regulation" for the companies failed to create proper legal standards as an attorney and holds the American anthropologist, Sally Falk Moore (b. 1924), Professor Emeritus Harvard University and professor at the Universities of California and Yale. Something more in their favor, having participated in the Nuremberg trials, from 1945 to 1948, which undoubtedly was the beginning of the fall of savineano and Kelsen's legal positivism.
On the other hand, is fed verified that the law does not change people, as do the constitutions States better, yes, indeed, rulers or administrators do not really have the desire to build awareness and exemplary partnerships, where they serve, ultimately, an example to the public. This is possible only if enacted drastic and exemplary both rulers and citizens who violate the fundamental rules of common sense, honesty, solidarity, fraternity and justice, which seeks to transform an old company or form a new nation-state.
Thus, there is evidence of the failure of the law, where it was used as a means to radical social changes, regardless of customs and rules or regulations to control primitive or original. No doubt, times have changed and social media have contributed greatly to these changes, the pair of stimulating and strengthening globalization demanding rights of inclusion and respect for pluralism and socio-cultural diversity. Multicultural qualities and characteristics that were not taken into account by the past rulers and administrators of the classic nation-state or traditional, to think of a "civilizing mission" and "centralization."
Hence, the results of anthropological research that shows Guevara law, in particular, that of Sally Falk Moore, it is transparent that existed and still exist certain regulations, controls or regulations Aboriginal social and freelancers who never submitted or may submit fully to exogenous forces (system or legal order), despite being permeable to them. The reality of yesterday and even today, were with the Inca state when it sought to centralize and standardize its administrative system of regulation and control, as no law has been wrongly claiming "to be imposed on the ethnic diversity of natives at the time. This situation also occurred with the imposition of Castilian law brought by the English during the conquest and the subsequent creation of Indian law during the colonial period. Moreover, there is no doubt that it is a situation that has been place since the dawn of independence until today, which has led to exclusion, injustice and other shameful acts reported by Guevara Gil, rich and courageous in their intellectual production as a lawyer, an anthropologist and historian.
If the law is the law, then definitely we have to eradicate our conception of legal positivism and comprehensive vision as men and society. This outline is essential for analysis and reflection of lawyers, jurists, judges, officials, professors and law students, while we believe that legal positivism has done much harm to law and history of law because legal positivism does not reason, not analyze, not interpret, he is content with being a plain old operator of law that the legal system operates like a machine. Instead, counsel has a power antipositivist intelligent, thoughtful, critical, ie, to be truly human and therefore unethical, that it rises above the mechanistic positivism.
is no doubt, then, that we are seeing a revival of Law and Legal History by the contributions of anthropology, ethnohistory, comparative law, and so on. ensure that our discipline successfully resume scientific vantage point. Road from successfully passing Guevara Gil, and their commendable achievements in research and anthropological iushistórica 15 years, are embodied in this exceptional book that is and will be an indispensable reference not only for the iushistoriador or anthropologist, but to all professionals and students of our reality socio-cultural, legal, political and economic. This, because, well, is masterfully water resources is fundamental, basic or basic to life and whose monetary value would be greatly enhanced to the extent that we do not know to take advantage of efficient, effective and planned way.
FRANCISCO JOSE DEL SOLAR
Lawyer PUCP and the U. Central de Venezuela (UCV).
Graduate in Law, History and Communication Studies.
Professor of History of Law in UIGV.
Editorial Fund of the Pontifical University of Peru (PUCP) has published a valuable book entitled Diversity and legal complexity. Approaches to the Anthropology and History of Law, professor of the upper house of studies, Jorge Armando Guevara Gil, his law degree from the same university and a master's degree in Cultural Anthropology at the University of Wisconsin-Madison. Work not only try to summarize but also to comment or apostille under to share the same intellectual interests with the author.
BOOK is dedicated to her father (Rene Guevara Ochoa), and their children Sebastian and Alonso Guevara Urteaga. The author expresses his sincere gratitude to his wife and colleague, Patricia Urteaga Crovetto, as well as colleagues and friends who spared no efforts to materialize his work in ink and paper, and arrives at all interested in these issues vital to better understand our past and understand their real and objective dimension to our present, so that we can project or plan efficiently and effectively our future.
certainly Gil Guevara's book, which compiles a series of deep investigations were published in brainy articles published in academic journals either from abroad or the country, has the special virtue of its continuing relevance to the extent not resolved or overcome the problems of inequality, social exclusion, marginalization and poverty and extreme poverty that unfortunately characterizes our nation. In this sense, the introduction of Fernando de Trazegnies, who was his professor at the Faculty of Law PUCP makes a successful and accurate summary of what this work.
In this vein, the book with 354 pages, is divided into two parts. The first, devoted to the anthropology of law. It contains 6 chapters that develop: I. Legal pluralism; II. The structural causes of legal plurality in Peru, III. Bases for the study of legal diversity; IV. Water, law and diversity; V. Mirages developers and community autonomy. The impact of development projects on Lake Titicaca (1930-2006), and VI. The anthropological survey in the Superior Court of Justice of Loreto.
The second part addresses the fascinating topic of legal history in four chapters continue with the numbering of the previous section. She contributes to spreading the real new concept of true scientific history Andes, which was initiated in our country for the ethnohistorian Ukrainian-born American, John Victor Murra (Odessa 1916-New York 2006) and successfully continued by the national historians of Diez Canseco Maria Rostworowski (Barranco, Lima, n . 1915) and our teacher pointed at the Faculty of Arts PUCP, Franklin Pease García-Yrigoyen (1939-1999). The chapters in question are: VII. Law, history and social sciences. Dialogue between Carlos Ramos Núñez and Armando Guevara Gil. Legal Forum: Why bind Right and History, Law and Social Sciences?. VIII. A visit from Indians and creating political ritual "Indians" in the colonial Andes. IX. The chiefs and the "natural dominion" in the colonial Andes (Peru, XVI century). X. Between freedom and vows. The tribulations of Sister Dominga Gutiérrez (Arequipa, 1831). AUTHOR
PUCP is advocated. Won a scholarship to pursue a master's degree in U.S. university indicated above. He is currently associate professor in the Department of Law and Graduate School of their alma mater. In 2008, he received the Research Award PUCP (Class teacher) for his work: "Mirages developers and community autonomy." Item included in Chapter V, the book said.
Guevara Gil is an ordinary member of the Riva Agüero institutes for the Promotion of Water Management (IPROGA) and American Art Affiliate Cusco-Lima. Has been national coordinator of the Water Law and Indigenous Rights (WALIR-Peru, Wageningen University & ECLAC). Jorge Armando
recorded several publications to his haber.Entre others, land and property law colonial hacienda Documents Santotis, Cuzco. (1543-1822), published in 1993, Water and Law (editor with Rutgerd Boelens and David Getches, 2006); law, institutions and historical processes (editor with José de la Puente, 2008) Water rights and conflict in Peru (editor, 2008), etc.
APOSTILLE
Those who are interested in history and legal reality of the country, we can not miss or ignore this important new publication PUCP Publishing Fund, directed with great success by Arévalo Patricia Majluf, given that this book develops current debate topics such as cultural diversity and legal complexity in the multicultural field. Words words less, Guevara Gil argues that "diversity can not be eradicated, but rather cultivated to create forms of social life ever more human and in this task, the role of law is fundamental."
In this context, author "raises new perspectives of analysis and reflection that allow us to understand the social force of law, its influence in the shaping of society and the vibrant diversity and regulatory complexity that characterizes the Peruvian society. " Hence, calls for "tolerance, democracy, respect for different ways of thinking and the protection of cultural differences."
Well, we think the future of the law is developing and implementing vision and interpretation from an interdisciplinary and multicultural approach. This is because, finally, the law is a cultural experience and social development that goes beyond, way beyond, Constitution, laws, decrees, resolutions, etc.. Without doubt, the law involves jurisprudence, doctrine, legal and cultural customs, conceptions of life and hope of the people who generate their "legal tradition" in the words of renowned American jurist John Henry Merryman (b. 1920), professor of the School of Law at Stanford University. I contend that for decades has taught us in Peru, the best history teacher of law, the jurist Juan Vicente Ugarte del Pino (Lima, n. 1926) and for some years with great skill takes Jorge Armando Guevara Gil.
However, this approach does not involve law to consider or call "full", since it generates or creates confusion. Hence, the better the name of "regulation, control or regulation" for the companies failed to create proper legal standards as an attorney and holds the American anthropologist, Sally Falk Moore (b. 1924), Professor Emeritus Harvard University and professor at the Universities of California and Yale. Something more in their favor, having participated in the Nuremberg trials, from 1945 to 1948, which undoubtedly was the beginning of the fall of savineano and Kelsen's legal positivism.
On the other hand, is fed verified that the law does not change people, as do the constitutions States better, yes, indeed, rulers or administrators do not really have the desire to build awareness and exemplary partnerships, where they serve, ultimately, an example to the public. This is possible only if enacted drastic and exemplary both rulers and citizens who violate the fundamental rules of common sense, honesty, solidarity, fraternity and justice, which seeks to transform an old company or form a new nation-state.
Thus, there is evidence of the failure of the law, where it was used as a means to radical social changes, regardless of customs and rules or regulations to control primitive or original. No doubt, times have changed and social media have contributed greatly to these changes, the pair of stimulating and strengthening globalization demanding rights of inclusion and respect for pluralism and socio-cultural diversity. Multicultural qualities and characteristics that were not taken into account by the past rulers and administrators of the classic nation-state or traditional, to think of a "civilizing mission" and "centralization."
Hence, the results of anthropological research that shows Guevara law, in particular, that of Sally Falk Moore, it is transparent that existed and still exist certain regulations, controls or regulations Aboriginal social and freelancers who never submitted or may submit fully to exogenous forces (system or legal order), despite being permeable to them. The reality of yesterday and even today, were with the Inca state when it sought to centralize and standardize its administrative system of regulation and control, as no law has been wrongly claiming "to be imposed on the ethnic diversity of natives at the time. This situation also occurred with the imposition of Castilian law brought by the English during the conquest and the subsequent creation of Indian law during the colonial period. Moreover, there is no doubt that it is a situation that has been place since the dawn of independence until today, which has led to exclusion, injustice and other shameful acts reported by Guevara Gil, rich and courageous in their intellectual production as a lawyer, an anthropologist and historian.
If the law is the law, then definitely we have to eradicate our conception of legal positivism and comprehensive vision as men and society. This outline is essential for analysis and reflection of lawyers, jurists, judges, officials, professors and law students, while we believe that legal positivism has done much harm to law and history of law because legal positivism does not reason, not analyze, not interpret, he is content with being a plain old operator of law that the legal system operates like a machine. Instead, counsel has a power antipositivist intelligent, thoughtful, critical, ie, to be truly human and therefore unethical, that it rises above the mechanistic positivism.
is no doubt, then, that we are seeing a revival of Law and Legal History by the contributions of anthropology, ethnohistory, comparative law, and so on. ensure that our discipline successfully resume scientific vantage point. Road from successfully passing Guevara Gil, and their commendable achievements in research and anthropological iushistórica 15 years, are embodied in this exceptional book that is and will be an indispensable reference not only for the iushistoriador or anthropologist, but to all professionals and students of our reality socio-cultural, legal, political and economic. This, because, well, is masterfully water resources is fundamental, basic or basic to life and whose monetary value would be greatly enhanced to the extent that we do not know to take advantage of efficient, effective and planned way.
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