1. 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

2. 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

3. 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)

4. Selected Bolivian Legal History (1) March for Territory and Dignity—1990 (2) —Human rights and Popular Participation (3) Election of Evo Morales—2005/ (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”

5. March for Territory and Dignity—1990

6. 1994-1997—Human rights and popular participation
Goni Sánchez de Lozada
National Human Rights Institution (NHRI)

7. Election of Evo Morales—2006

8. 2007—Battle over new constitution

9. 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.”

10. TIPNIS conflict/crisis—2011

11. 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.

12. Reglementación and legal “reconciliation”: a 10 year project

13. 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

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

15. (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”) (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)

16. (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 Weapons of the juridified

17. (4) The tragic dissonance of human rights
hunger strike
Permanent Human Rights Assembly
2015

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

19. Questions?