Brief approach to common law as theoretical foundation for the autonomic process in Nicaragua and Latin America

Abstract

In the Latin American historical process, the elites in power have defined cultural identity through discourses that tend to homogenize the particularities of all the population groups. specifically, the ethnic and indigenous minorities. This segregation has been reflected in the juridical apparatus and Institutions of these countries. given that the forms of social organization of these communities are ruled by norms of common law. a situation that is in direct contradiction with the monist conception of state law. Factors like the promotion of the defense of human rights at international level, or the mere expansion of indigenous activism. have made evident the progressive apparition of a new state order which Is characterized by promoting the recognition of the forms of sociability of the Indigenous people and the respect of their anthropological worldview.