The forgotten sources of the legal pluralism: Indians, Pirates, Palenqueros and Gypsies

Abstract

The debate about legal pluralism, a common issue in Colombia since the State recognizance of other legal forms, has historic and doctrinal antecedents that need to be studied to recuperate the emancipating essence of law.

Legal Pluralism refers to the existence of other legal systems or other forms of law that coexist with State law. Sometimes that coexistence is peaceful and sometimes not, but in any case those other legal forms always are independent from the State law.

In the Colombian history it is easy to find antecedents that depict that, in our country, has existed plenty of sources of other legal forms that are necessary to recuperate.

This article study some examples. The Indian Law as mechanism to oppression and as a way of survival for our indigenous people; law of the Brotherhood  of the  Coast, the most important fraternity of pirates that developed in our archipelago of San Andres, and Santa Catalina. Palenque law (communities of run slaves) and the consolidation of the life style of cimarrones and palenqueros. Finally, the Kriss Roomani, a form of gipsy law, one the first forms of global law that arrived to our land in the Columbus forth trip.