Call for Paper
STATE AND LAW IN THE BICENTENNIAL (PERU 1821 - 2021)
2021 marks the 200th anniversary of Peru's declaration of independence, a fact framed in the celebration of the breakdown of the viceregal political model in most Latin American countries. This anniversary has contributed to the elaboration of an official, political and historiographic discourse, praising the Latin American republics. This narrative on politics, the State and the legal system seeks to legitimize the institutional contemporary situation of the State and Law, presenting them as the result of a fair process of emancipation from the colonial yoke, as well as an illustrated product of debates of intellectuals and jurists on, for example, political regimes and legal systems, the legitimacy of the "best" political regime (between republicans and monarchists), the suitability and effectiveness of the legal system, or disputes between adepts of centralism and the decentralists regarding the empire of the capitals.
However, the evocation of the Republic’s Bicentennial must also deserve an objective (and critical) appreciation of the state model, the forms of Law, the origin of political-legal legitimacy, the birth of social consensus, and legal structures resulting from the historical processes of independence. This type of evaluation has gained great importance in recent research on history, and even political science, but it is still minuscule in research on the forms of Law, the continuities of the colonial legal order in the institutional structuring of the state. Today, research should address issues such as the consolidation of democracy, the institutionalization of the rule of law, the turn towards legal pluralism, the history and Law of corruption, legal techniques and participatory public management, looking for ways that overcome the old colonial regime.
From these new considerations, it is essential to think about the Bicentennial by asking questions such as: Did the establishment of the Republic end the colonial State and Law? Did the declaration of independence illuminate truly democratic political models? What is the result of the implantation of the republican ideal models in Latin American and Peruvian social structure? How have the Law and the State been formed to legitimize contemporary social and political conditions? What has been the relationship between economic models and Law during these two hundred years? What have been the results of the centralist structuring of political power regarding multiculturalism and native nations?
The dossier on THE STATE AND LAW IN THE BICENTENNIAL (PERU 1821 - 2021) seeks to add to these themes the focus of the critique of Law, the debates on the absolute limits of the Peruvian-Latin American democratic-liberal regime, and the discussions on the dialectic of corruption in the country. A central theme in this dossier is that of political-formal independence against economic-cultural colonialism, during the 19th and 21st centuries, as well as the historical process of decolonization and the pending tasks surrounding real independence.
The editor of the dossier STATE AND LAW IN THE BICENTENNIAL (PERU 1821 - 2021) will be Markoni Gonzales Pichihua (Degree in Law from the National University of San Antonio Abad of Cusco (Peru), Master in Law and Political Science from the Sorbonne University Paris-Nord, PhD candidate in Public Law at the University Le Havre Normandie, France).
