학술논문

What is the »Cultural Baggage« of Legal Transfers?
Document Type
article
Author
Source
Rechtsgeschichte - Legal History, Iss Rg 24, Pp 203-217 (2016)
Subject
MPIeR
Law
Political science
Language
German
English
Spanish; Castilian
French
Italian
Portuguese
ISSN
1619-4993
2195-9617
Abstract
This article analyzes how cultural translation was carried out in Manuel Quintín Lame’s interpretation of Law 89 of 1980 during the indigenous revolt that took place in Tierradentro – Cauca (Colombia) between 1914 and 1916: riots that were popularlyr eferred to as La Quintiada. The main focus here is on Lame and his contemporaries’ visions of justice regarding the possession of the land as a way to account for the richness and complexity of the »cultural baggage« behind legal transfer processes. The purpose of this exercise is to detail the extrajuridical elements involved in legal transfers and the opportunities that a cultural translation of law approach can bring in order to understand this process.