974 resultados para Indigenous Legal Traditions


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The present study comparatively examined the socio-political and economic transformation of the indigenous Sámi in Sweden and the Indian American in the United States of America occurring first as a consequence of colonization and later as a product of interaction with the modern territorial and industrial state, from approximately 1500 to 1900. The first colonial encounters of the Europeans with these autochthonous populations ultimately created an imagery of the exotic Other and of the noble savage. Despite these disparaging representations, the cross-cultural settings in which these interactions took place also produced the hybrid communities and syncretic life that allowed levels of cultural accommodation, autonomous space, and indigenous agency to emerge. By the nineteenth century, however, the modern territorial and industrial state rearranges the dynamics and reaches of power across a redefined territorial sovereign space, consequently, remapping belongingness and identity. In this context, the status of indigenous peoples, as in the case of Sámi and of Indian Americans, began to change at par with industrialization and with modernity. At this point in time, indigenous populations became a hindrance to be dealt with the legal re-codification of Indigenousness into a vacuumed limbo of disenfranchisement. It is, thus, the modern territorial and industrial state that re-creates the exotic into an indigenous Other. The present research showed how the initial interaction between indigenous and Europeans changed with the emergence of the modern state, demonstrating that the nineteenth century, with its fundamental impulses of industrialism and modernity, not only excluded and marginalized indigenous populations because they were considered unfit to join modern society, it also re-conceptualized indigenous identity into a constructed authenticity.

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This thesis theoretically and critically examines the move towards people-centred approaches to development. It offers a critical examination of the work of Amartya Sen using theoretical resources emerging from Latin American traditions. Amartya Sen’s calls to understand Development as Freedom (1999) have significantly influenced mainstream development thinking and practice, constituting the clearest example of people-centred approaches to development today. Overcoming the limitations of previous state-centred notions of development articulated around ideas of economic growth, in Sen’s Capability Approach (CA) development is seen as a process of expanding the real freedoms that people enjoy. In this understanding, the agency of development shifts from the state to individuals and the analytic focus moves from economic growth to individual capabilities. In this manner, this framework is structured towards the central goal of empowerment, wherein the expansion of capabilities is seen both as the means and end of development. Since its inception, the widespread support for the CA has allowed for the expansion of ethical considerations within mainstream development thinking. Even while the remarkable advances offered by Sen’s work should be praised, this thesis argues that these have come with new limitations. These limitations stem from, what is termed here, a “Paradox of Empowerment” that effectively encloses Sen’s approach within Western notions of development. While Sen’s approach is poised to provide a theoretical framework that is built on the expansion of freedom and individual agency, there is little agency here to move beyond the ideas of development fundamentally linked to liberal democracies and market economies. This thesis engages with several critical traditions from Latin America, recovering their often undervalued insights for development thinking. Crucially, this engagement provides the critical framework to illustrate the aforementioned paradox and explore multiple dimensions of empowerment central for contemporary development thinking and practice. In this, the thesis engages Sen’s work with the Liberation Theology of Gustavo Gutierrez, with Paulo Freire’s Critical Pedagogy and with the contemporary discussions of ‘Buen Vivir’ associated with Indigenous philosophies of the Andean region. Throughout its chapters,it uncovers the conceptual baggage within the Paradox of Empowerment in Sen’s work and examines the ethical challenges and boundaries of this approach in relation to the collective dimension of development processes, the possibilities for structural transformation and concerns for sustainability. Progressively engaging the different dimensions of this paradox, this thesis advances the recovery of the transformative potential of the ideas of empowerment for development.

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The tourism industry globally has grown steadily in recent decades, showing a progressive interest oriented toward rural areas due to characteristics of tranquility, nature, biodiversity, traditions and culture. Therefore, such aspects should be preserved and can be leveraged through adequate strategic orientation. Within the framework of global tourism trends community tourism is among the options that arise in the tourism market, and is one that is more likely to grow in the future. In the case of Ecuador, community tourism has become more dynamic over the years since many of the natural reserves in the country are in the hands of indigenous communities. Sustainable tourism in this sense is concerned with the maintenance of ethnic, cultural and biological diversity of the country, and current projects and regulatory laws support its development. Therefore, the aim of this paper is to present a strategy for the integrated management of community tourism following the principles of cooperation and collaboration between stakeholders, this study focuses on the Amazon region of Ecuador, specifically the province of Pastaza, in respect to how community tourism contributes to local development

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This article argues that The Toughest Indian in the World (2000) by Native-American author Sherman Alexie combines elements of his tribal (oral) tradition with others coming from the Western (literary) short-story form. Like other Native writers — such as Momaday, Silko or Vizenor — , Alexie is seen to bring into his short fiction characteristics of his people’s oral storytelling that make it much more dialogical and participatory. Among the author’s narrative techniques reminiscent of the oral tradition, aggregative repetitions of patterned thoughts and strategically-placed indeterminacies play a major role in encouraging his readers to engage in intellectual and emotional exchanges with the stories. Assisted by the ideas of theorists such as Ong (1988), Evers and Toelken (2001), and Teuton (2008), this article shows how Alexie’s short fiction is enriched and revitalized by the incorporation of oral elements. The essay also claims that new methods of analysis and assessment may be needed for this type of bicultural artistic forms. Despite the differences between the two modes of communication, Alexie succeeds in blending features and techniques from both traditions, thus creating a new hybrid short-story form that suitably conveys the trying experiences faced by his characters.

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Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, 2016.

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The present study comparatively examined the socio-political and economic transformation of the indigenous Sámi in Sweden and the Indian American in the United States of America occurring first as a consequence of colonization and later as a product of interaction with the modern territorial and industrial state, from approximately 1500 to 1900. ^ The first colonial encounters of the Europeans with these autochthonous populations ultimately created an imagery of the exotic Other and of the noble savage. Despite these disparaging representations, the cross-cultural settings in which these interactions took place also produced the hybrid communities and syncretic life that allowed levels of cultural accommodation, autonomous space, and indigenous agency to emerge. By the nineteenth century, however, the modern territorial and industrial state rearranges the dynamics and reaches of power across a redefined territorial sovereign space, consequently, remapping belongingness and identity. In this context, the status of indigenous peoples, as in the case of Sámi and of Indian Americans, began to change at par with industrialization and with modernity. At this point in time, indigenous populations became a hindrance to be dealt with the legal re-codification of Indigenousness into a vacuumed limbo of disenfranchisement. It is, thus, the modern territorial and industrial state that re-creates the exotic into an indigenous Other. ^ The present research showed how the initial interaction between indigenous and Europeans changed with the emergence of the modern state, demonstrating that the nineteenth century, with its fundamental impulses of industrialism and modernity, not only excluded and marginalized indigenous populations because they were considered unfit to join modern society, it also re-conceptualized indigenous identity into a constructed authenticity.^