A Politics of Historicism in the Discourse of Multiculturalism Law: the Constitutional Jurisprudence about Indigenous People Identity and the Concept of Nation in Colombia

Abstract

A politics of historicism determines legal discourse to build a linear narrative of the time in which events happen. This fact produces a chronological view that influences the life of affected people who are under this discourse. Therefore, this article explains how this process takes place in order to evidence the tension between the concept of nation that is embodied in the Political Constitution of Colombia (1991) and, the notion of indigenous people identity that is promoted by multicultural laws. The analysis is based on the most relevant jurisprudential pieces of the Constitutional Court of Colombia towards the problem.

Keywords

• historicismo
• identidad
• multiculturalismo
• derecho