The Principle of the ‘Common’, Legal Pluralism and Decolonization in Latin America

Wolkmer, Antonio Carlos; Wolkmer, María de Fátima Schumacher

doi:10.1007/s10978-021-09285-z

Cited by 2 publications

(1 citation statement)

References 8 publications

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“…Food security and water management are paramount in the transition towards more sustainable resource governance and the mitigation of anthropogenic impact (Wolkmer and Venâncio 2017 ). Through a bottom-up, pluralistic outlook, the new constitutions shape authentic biocentric ethics where the right to water plays a primary role (Wolkmer et al 2012 ; Wolkmer and Wolkmer 2021 ).…”

Section: Evidence From Latin America and Italymentioning

confidence: 99%

Polycentric and resilient perspectives for governing the commons: Strategic and law and economics insights for sustainable development

Gatto

2022

Ambio

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Commons governance theory is central to identifying and managing conflicts arising from natural and cultural resources traps. Scholars – using game theory and economic analysis of law – have proposed alternative models, consisting of a set of mitigated scenarios, multiple players, and new equilibria in commons governance. Likewise, novel legal innovations of the commons have also been designed. Reinterpreting the commons in light of political economy, ecology, and pluralistic approaches, a critical review of existing scholarship, economic analysis of law, and case study investigations are performed. Examining an array of views – including governance of water in Ecuador, Bolivia, and Italy – a research and policy agenda is put forward to offer original interpretations and novel holistic perspectives. Germane environmental policy implications deriving from SDGs, resilient governance, and polycentric perspectives are thus extrapolated. Finally, pluralistic frameworks drafted by mitigation and adaptation are measured by improved sustainable development performance in commons, resource, and water governance.

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Section: Evidence From Latin America and Italymentioning

confidence: 99%

Polycentric and resilient perspectives for governing the commons: Strategic and law and economics insights for sustainable development

Gatto

2022

Ambio

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Rethinking Practices of Legal Pluralism in Latin America

Wolkmer

2023

rccs

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This paper aims to discuss Legal Pluralism from a transformative perspective as a product of community practices exercised by social collectivities that seek to address fundamental needs. In this perspective, the problem is to verify if the institutionalized pluralism in the Andean region (the constitutions of Ecuador and Bolivia) is quali ed as a transforming legal pluralism, autonomous from state and with an authentic community pro le. Even though this premise can be admitted, the essential question is: to what extent are its strength, validity and e ciency satisfactory inside the political-legal institutions? The result is the duality recognition of the legal pluralism that not only traditionally coexists with the State but is characterized as "subaltern" and limited by impositions of a monist culture that renews itself by keeping colonial remnants. For the discussion, a theoretical-re ective methodological approach with a critical and socio-legal content was employed, along with a speci c bibliography.

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The Principle of the ‘Common’, Legal Pluralism and Decolonization in Latin America

Cited by 2 publications

References 8 publications

Polycentric and resilient perspectives for governing the commons: Strategic and law and economics insights for sustainable development

Polycentric and resilient perspectives for governing the commons: Strategic and law and economics insights for sustainable development

Rethinking Practices of Legal Pluralism in Latin America

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