Property and Identity

Abstract

The functional legality of society, which constitutes the norm of culture and its practice, has failed to fulfill its function as law since it was imposed on those whose territories were divided for reasons of spatial continuity, border treaties, or wars of conquest, and has instead become a means of subjugation. The territorial rights of Amazonian ethnic groups are not functional but ancestral. The origin of a people is found in its relationship with the land. How can laws be created to address this genealogical relationship? The laws governing territorial rights in the Amazon are frivolous because of their shifting utilitarianism.