Indigenous Law in Mexico. Study from Latin American Legal Criticism and interculturality

Abstract

The indigenous peoples of Mexico since the moment of the encounter with the West have remained in a constant state of vulnerability and discrimination. The above has resulted in struggles and movements demanding their rights. One of them is to achieve the recognition of their Own law (or Indigenous Law). However, and despite internal and global legislative advances, a real articulation between Indigenous Law and state law has not been achieved. This situation is largely due to the way we conceive the legal phenomenon, which continues from classical and contemporary legal theories that only contemplate state law. By virtue of this, we propose the study of Indigenous Law from Latin American Legal Criticism and interculturality. Therefore, the objective is to analyze whether the theory and paradigm proposed, based on the analysis of its approaches, allow us to approach the study of this Law and from there, think about an effective understanding between both legal systems in Mexico. To achieve the above, we will use the analytical-synthetic method in this documentary-type research. In the end, we conclude that these current positions, avant-garde and in line with reality, would theoretically allow a higher level of coordination between both laws.