The siren chants of political juridical multiculturalism. Cultural identity at the Constitutional Court’s jurisprudence

Oscar Andrés López-Cortés
andreslopezc@yahoo.com
Universidad del Cauca

Abstract:

This paper discusses the possibilities and constraints generated by juridical multiculturalism on the Colombian Constitutional Court’s jurisprudence. This analysis draws on a study of that corporation’s jurisprudence on the specific issue of cultural identity. From a theoretical point of view, juridical multiculturalism is analysed in the light of the concept of device developed by Michel Foucault and empirically contrasted in the Colombian constitutional jurisprudence discourse practices. This paper makes part of a dissertation research for the author’s Ph.D. degree, exploring the role of political juridical multiculturalism in the processes of several indigenous communities in Colombia to build their own justice system.

Keywords: multiculturalism, justice, device, identity.