Nuestrapraxis. Revista de Investigacion Interdisciplinaria y Critica Jurídica

Capitalism and Human Rights. The clasist perspctive of Oscar Correas’ Crítica Juridica

Daniel Sandoval Cervantes — Wed, 01 Mar 2023 00:00:00 -0600

Reseña de libro

The dialogue between marxism and poststructuralism in Oscar Correas’ Crítica Jurídica.

Armando Bravo Salcido — Wed, 01 Mar 2023 00:00:00 -0600

This article aims to open a dialogue about a dimension of Oscar Correas thought and work
that had received little exploration, his intimate bond with post-structuralist theory, through the influence in the shaping of his own marxist view of Oscar del Barco’s critique of metaphysic, who relies
largely on authors like Derrida and Deleuze. We aspire through the analysis of the concepts of ideology and inversion, to show some of the research lines that become possible in the context of this dialogue.

WE ARE NOT THE SAME!

Roger Adán Chambi Mayta — Wed, 01 Mar 2023 00:00:00 -0600

This article sets out to analyse the Indigenous Peasant Jurisdiction more than twelve years
after the approval of the Political Constitution of the Plurinational State of Bolivia, emphasizing the work
of the communal authorities in the exercise of this jurisdiction in the current legal coloniality context.
The following lines result from different conversations among the community authorities, lawyers, and
anthropologists. Moreover, I will carry out a secondary source review regarding my experiences as an
independent lawyer. Furthermore, I will also contribute with fieldwork data from the years 2018 to 2022.
The aim is to highlight the challenges that the plural normativity demands to achieve a society based on
decolonisation.

Decolonial critique of the hegemonic legal episteme

Erick Leonardo Gutiérrez García — Wed, 01 Mar 2023 00:00:00 -0600

These reflections seek to develop the critique of the positivist legal episteme, from a decolonial position.
For this, criticism is assumed in the field of Law, considering the need to challenge the colonialities that “normalize”
the dominant cultural narrative. Based on this, it is proposed to question the epistemological presuppositions of the
positivist hegemonic legality, according to the underlying categories that it imposes: a) From the coloniality of being:
an ontological dualism; b) From the coloniality of knowledge: an epistemic dichotomy, from which derive: a. a spatiality
and a temporality (which are reproduced endocolonially, through a genealogy); c) From the coloniality of nature:
an anthropocentric duality; d) From legal coloniality: a legal monism. These presuppositions and their corresponding
criticism are developed in this text.

Oscar Correas and the Critique of Neoliberal Capitalism

Ricardo Miranda — Wed, 01 Mar 2023 00:00:00 -0600

This text is based on Oscar Correas’s thesis that the main purpose of economic law is to guarantee the expanded
reproduction of industrial capitalism in order, with the support of Michel Foucault, to sustain that neoliberal or
financial capitalism takes to its ultimate consequences the link between state and capital not only through economic
law but also by incorporating the device of governance together with the production of entrepreneurial subjectivities.

Correas and his legal reading of Capital

Víctor Romero Escalante — Wed, 01 Mar 2023 00:00:00 -0600

Every great contribution to human thought is never a merely individual achievement; on the contrary, it is
the concrete expression of a collective feeling that dominates a precise historical moment. In the case of Latin America,
it was Oscar Correas who synthesized a critique of law from Marx’s thinking in accordance with what the socialist
militants of the 60’s and 70’s considered to be close at hand: the revolution. To achieve this critical reflection, several
factors intervened, among them was the revolutionary spirit of the masses to achieve a better future and Correas’ own
initiative in providing theoretical and methodological tools to demystify modern law, demolishing it from its foundations
and opening paths for future generations to complete the transformation of the world.

Legal fetishism, plans of law and bourgeois legal form

Daniel Sandoval Cervantes — Wed, 01 Mar 2023 00:00:00 -0600

The work takes up lines of research raised by Correas in his Introduction to the criticism of modern law
(outline) to deepen the analyzes from Latin American legal criticism, especially the use of the metaphor of essence
and appearance and his analysis of the planes of the law and its role in capitalist accumulation. For this, two general
sections are developed: the first, a discussion about the way in which bourgeois legal theory presents the relationship
between law, nature and social relations and contributes to the consolidation of legal fetishism. In the second section,
the importance of his analysis of the planes of law is taken up again to account for their role in the reproduction of capitalist
societies. Both sections highlight the importance of building the category of bourgeois legal form as a starting
point for a framework of law intelligibility in capitalist society.

Law, Science and Critica Juridica

Sergio Martín Tapia Argüello — Wed, 01 Mar 2023 00:00:00 -0600

On this article, the author pretends to show the relation between the concepts of science and
law on the Latin-American Legal Critic (Critica Jurídica Latinoamericana). Using the ideas of Oscar Correas,
this paper presents the possible interpretations and bindings between both ideas and after that, introduce
the concept of ideology to problematize the dogmatic ideas of traditional perspectives.

The people as a constituent subject

Andrés Alcalá Rodríguez — Wed, 01 Mar 2023 00:00:00 -0600

This article analyzes the category of people used by the modern constitutionalism theory presented by the
bourgeois law. The main object is to underline two aspects from this theory: the dynamic sense of the category and
the static one. Towards this differentiation it presents a critic analysis of this constitutionalist category to be used
by the constituent power. It also proposes an analysis of the people´s constituent potential, from the Latin-American
liberation thinking.

Vándalo y preso

Daniel Sandoval Cervantes — Wed, 01 Mar 2023 00:00:00 -0600