La Ley de Tierras Rurales y Territorios Ancestrales del Ecuador y las nociones de territorio y territorialidad

Abstract

The struggles for territory have characterized many societies, especially during the predominance of the capitalist global system, which tends not only to the concentration of power, in all economic chains, but also, as David Harvey (2013) argues, accelerates a process of accumulation by dispossession. Within this determinant, we intend to address the issue of territory and territoriality, based on what is proposed in the current land law of Ecuador and its contrast with the contributions present in contemporary social thought. The text intends to generate an adequate articulation between legal-political issues, which are framed in the Land Law and theoretical reflections. Historically, it has not been an easy task to achieve an optimal interdependence between what is reflected on and what is proposed, which is commonly determined in the spheres of standards. The theory has been linked more with paradigmatic proposals for the projection of changes. The legal, for its part, has directed us towards the definition of specifics, towards more pragmatic perspectives. It is in this order of perspectives that an attempt is made to generate criticism; that is to say, how from the paradigmatic we set out for the pragmatic, an aspect that we find weak in the law in question.