viernes, 14 de junio de 2013
TWO LEGAL SYSTEMS
TWO LEGAL SYSTEMS.
In the territory to which the natives called as Peru there are two legal systems, one standard imposed by the Creoles and the other customary legal system is rooted in the ethics of the Andean peoples. But this ethic of the Andean peoples is based on a philosophy that has principles, perhaps it unknown to ordinary mortals. Indeed its denial by the West not detract from its existence, and that is the engine of daily events of the Andean peoples.
We understand that philosophy is the knowledge of the people in their quest to learn to be, all that exists and everything that moves. While western academic discourse creates, which is none other than discursive reflection, the opposite of Andean man speech is a contemplative reflection. Here just beginning the differences between these two concepts.
The one has been imposed with violence toward the Andean people and argue that the state imposes a concept creole nation which only adhere mestizos, but for the communities there and moves on according to their customs, that I can highlight the amauta Joseph Mattos Sea can assert that the Andean world has been patiently imposing their way of life, seeing things in the capital. But what else can call attention to the amauta Joseph Mattos Mar asserts the existence of a state or social system far superior to Western economic social systems named as the Andean socialism. For now, the academic world does not leave his astonishment and has chosen not to respond, he does not or if course is not yet known.
What we amauta discloses San Marcos, is crucial and gives us time to confirm grip Andean legal system and is also known as peasant Rounds regulations, but that does not come to be more than the legal system of those nations whom the West is to deny its existence. In the south is still preserved with much more fidelity this legal system that regulates all activities of the community. But since the capital city of Lima, the current of the viceroys are horrified, but nevertheless has been applied in some neighborhoods to contain Western barbarity generated neoliberal conception in the minds of the Indians. And that is what generates? Greed and sickly satisfaction need not meet priority needs for human life, or as we call unbridled consumerism that makes Indians become consummate rascals, but also see the reflection of the politicians in power do the same and want to imitate, making the possibility of offending against the poorest, those who are the weakest communities.
There is one thing that the West can not understand, or understand due to their worldview overkill, sadomasochistic. That means that for communities to restore the balance and the corresponding relationship between each one of the community, I mean the punishment they tip the commoner who has transgressed community standards and that it does in every community that has harmed, this point is one that has generated much controversy and confrontation between the ordinary or Western legal system and communities through the rounds. Ordinary justice takes it as kidnapping, which is exploited by criminals to get away with their crimes after making because for the ordinary courts, must be in flagrante and witnesses as ordinary or accesitarios elements of your system such as the police and the prosecution, otherwise you will invalidate the indictment, which the offender can work inpunentemente.
The Andean legal system is much more complete as harmoniously ordered relations between themselves, and with other beings in the cosmos, unlike the ordinary that everything revolves around the anthropocentric view and the many if not preferably has its class label, by more than them-I mean the neo-liberals pretend to deny that its legal system does not protect the helpless and needy, it is only declaratory and not objective reality.
But why collide, even though there is Convention 169 International Labour Organisation. That's the problem we will try to explain in another paper later.
Juan Esteban Yupanqui Villalobos.