(2010) JLP 60: 105-142
The author proposes an approach to legal pluralism, termed transformative juricultural pluralism, which would facilitate the resolution of tensions between international human rights norms and indigenous justice practices. The paper examines theoretical models of legal pluralism, the normative basis for the autonomy of indigenous peoples’ justice systems, and tensions with international human rights norms related to physical integrity. To advance her innovative approach she analyzes the application of corporal sanctions and the related international instruments and jurisprudence. She argues that corporal sanctions such as lashings and stocks, as applied within some indigenous justice systems in Latin American countries, may be acceptable within transformative juricultural pluralism that calls for respect for autonomy of indigenous law, respect for cultural difference and cultural incompleteness and the existence of a cross juricultural dialogue mechanism to define intercultural norms for national application by all juridical systems that coexist within a state.