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<p>The <i>Rechtsstaat</i> is under pressure on a&#xa0;global scale. While in Europe this is due to authoritarian influences and democratic backsliding, Latin America faces particular challenges that are based on its colonial history. One of these challenges is legal pluralism. This article seeks to identify the relationship between communitarian legal systems, legal pluralism and the formal and material variations of the <i>Rechtsstaat</i>. The article conceptualizes these relationships drawing on Weber’s legal sociology and concepts of legal anthropology and identifies limits to theoretical approaches of the problem. For this reason, the article subsequently presents two case studies of relationships between ordinary and communitarian justice systems within the region, the justice system of communal peasant organizations, <i>the rondas campesinas,</i> in Peru and the indigenous justice system of the Guaraní in Bolivia. Based on the conceptual elaborations and on the case studies, the article concludes that the relations of legals pluralism and the Rechtsstaat depend mostly on the irrationality of law involved and the role of legal authorities.</p>

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The complex relationship between legal pluralisms and the Rechtsstaat in Peru and Bolivia

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  • 发表日期：

    2025年6月1日

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  • Milan Banse,
  • Hans Stanka

摘要

The Rechtsstaat is under pressure on a global scale. While in Europe this is due to authoritarian influences and democratic backsliding, Latin America faces particular challenges that are based on its colonial history. One of these challenges is legal pluralism. This article seeks to identify the relationship between communitarian legal systems, legal pluralism and the formal and material variations of the Rechtsstaat. The article conceptualizes these relationships drawing on Weber’s legal sociology and concepts of legal anthropology and identifies limits to theoretical approaches of the problem. For this reason, the article subsequently presents two case studies of relationships between ordinary and communitarian justice systems within the region, the justice system of communal peasant organizations, the rondas campesinas, in Peru and the indigenous justice system of the Guaraní in Bolivia. Based on the conceptual elaborations and on the case studies, the article concludes that the relations of legals pluralism and the Rechtsstaat depend mostly on the irrationality of law involved and the role of legal authorities.