Monism and Legal Pluralism in Chile: A Constitutional Historical View

Authors

  • Fernando Pérez Godoy Pontificia Universidad Católica de Valparaíso, Chile

Keywords:

racial struggle, legal pluralism, legal monism, Constitutional historiography, Hispanic colonial law

Abstract

Motivated by the recent constitutional debate in Chile, this article has two aims. First, to explain how part of the Chilean constitutional historiography dealt with the legal pluralism recognized by the Hispanic colonial law. Second, this research examines the successive and conflictive attempts to consolidate the national legal monism during the nineteenth century. It is concluded that beyond legal formalism, the limitation of the indigenous customs as a source of national law culturally rests on the denial of any racial struggle in the Chilean legal history.

Fecha de envío / Submission date: 7/11/2023

Fecha de aceptación / Acceptance date: 1/01/2024

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Published

2024-09-03

Issue

Vol. 1 No. 25 (2024): Historia Constitucional N. 25 (2024)

Section

Iberoamerica

License

Copyright (c) 2024 Fernando Pérez Godoy

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