Living Well Through Law: Living Well Through Law: Legal Pluralism in a Plurinational State Mark Goodale Series Editor Professor of Cultural and Social Anthropology Stanford Studies in Human Rights University of Lausanne

Outline of lecture: (1) Background to research project (2) Selected Bolivian legal (and some political) history (3) Categories of analysis (aka “book chapters”) (4) Major conclusions (5) Q & A

Background to 10-year Project. (2006-present) Major questions: 1 Background to 10-year Project (2006-present) Major questions: 1. What are the available/legitimate models for sociolegal change? 2. Are these models scalable? If so, how? If not, why not? 3. Base vs. superstructure, or redistribution vs. (and?) recognition (N. Fraser) 4. What is the role of law in processes of radical social change (including “revolution”)? 5. Does law facilitate change, and if so, how? 6. Does law restrict processes of change, and if so, how? Why important?: ** Post-Cold War: After the end of the Cold War, the relationship between social change and law shifted. We entered an era of “revolution by constitution” (cf. Nepal)

Selected Bolivian Legal History (1) March for Territory and Dignity—1990 (2) 1994-1997—Human rights and Popular Participation (3) Election of Evo Morales—2005/2006 (4) Battle over new constitution—2007 (5) Bolivia “re-founded” through law—2009 (6) TIPNIS conflict/crisis—2011 (7) Consolidation of power through “strategic juridification”—2014 to present (8) Implementation of constitution through legal “reconciliation”

March for Territory and Dignity—1990

1994-1997—Human rights and popular participation Goni Sánchez de Lozada National Human Rights Institution (NHRI)

Election of Evo Morales—2006

2007—Battle over new constitution

Bolivia refounded—2009 “We leave in the past the colonial, Republican, and neoliberal state . . . Complying with the mandate of our peoples, with the strength of Pachamama and thanks to God, we refound Bolivia.”

TIPNIS conflict/crisis—2011

Consolidation of power through “strategic juridification”—2014 Lengthy criminal prosecutions: keep opposition in legal uncertainty as long as possible Law 351: all NGOs operating in Bolivia (both foreign and domestic) must renew their registration with the government, reveal their funding sources, and conform their statutes to official purposes.

Reglementación and legal “reconciliation”: a 10 year project

Categories of analysis: (1) Living well through law (2) New models of legal pluralism (3) Revolution by legal bureaucracy (4) The tragic dissonance of human rights

(1) Living well (vivir bien) through law 2009 Revolutionary Constitution: Plurinational state based in autonomy, pluralism, redistribution, empowerment, decentralization, ethnic pride, living in harmony with nature, and non-Western epistemology and ontology

(2) New model of legal pluralism: --Art (2) New model of legal pluralism: --Art. 179: three separate legal systems (ordinary, agro-environmental, “native indigenous peasant”) --179 (II): the ordinary and native indigenous peasant are co-equal --Law of Jurisdictional Boundaries (2010): (a) legal systems are independent within the plurinational state (b) jurisprudence should be “intercultural” and “complementary” (c) Following are prohibited in all legal systems: loss of land and forced expulsions; physical punishment against children, adolescents, and women (but not against adult men); lynching; and the death penalty)

(3) Revolution by legal bureaucracy --“Bureaucracy and social [change] are inversely proportional to each other” (Trotsky) --Logics of law—constrain as much as they enable --E. P. Thompson: The Black Act of 1723 --Weapons of the juridified

(4) The tragic dissonance of human rights 1977-78 hunger strike Permanent Human Rights Assembly 2015

Conclusion: Revolution at the limits of “symbolic justice” --Recognition, redistribution, representation (Nancy Fraser, Scales of Justice, 2008)

Questions?