This paper attempts to reflect on the socio-legal dynamics affecting the Algerian nomadic society, with particular reference to the period between 1830 and 1960. Algeria, which has been affected at the institutional and formal level by a decisive wave of re-Islamization since the second half of the eighties of the twentieth century, has not completely left behind its rich history of linguistic, cultural, religious and legal pluralism. In addition to the kaleidoscopic complexity of its substrate and heritage, it still carries within itself a significant minority of the population that has not abandoned the condition of nomadism. At a time when migratory flows pose questions such as that of polyethnic and multi-contextual rights to the Europe of jurists, and doctrine questions the operational possibilities of an orderly pluralism (mainly as a result of the partial decline of sovereignty under the lash of the repercussions of the economy), while legal practice is unfolding in new directions, such as that of automation, the law seems to be put to the test by two sets of questions: the erosion and redrawing of geographical boundaries that determine its effectiveness on the one hand, and the unpredictable possibilities freed up by the global non-place of virtual and market negotiations on the other. Speed, movement, wars, and the instability of effective boundaries seem to be the new stumbling blocks brought about by globalization, and the uncertainty of possible solutions is almost frightening; Studying the regulatory dimension of Algerian nomads reveals ancestral solutions whose functional capacity is not undermined by the perennial change of territories, landscapes, alliances – solutions that are not immediately expendable in the contemporary world, but which constitute significant food for thought.

Fuori dal tempo e da un evidente confine: l'universo regolativo delle negoziazioni nella società nomade algerina

CASTELLANO C
2024-01-01

Abstract

This paper attempts to reflect on the socio-legal dynamics affecting the Algerian nomadic society, with particular reference to the period between 1830 and 1960. Algeria, which has been affected at the institutional and formal level by a decisive wave of re-Islamization since the second half of the eighties of the twentieth century, has not completely left behind its rich history of linguistic, cultural, religious and legal pluralism. In addition to the kaleidoscopic complexity of its substrate and heritage, it still carries within itself a significant minority of the population that has not abandoned the condition of nomadism. At a time when migratory flows pose questions such as that of polyethnic and multi-contextual rights to the Europe of jurists, and doctrine questions the operational possibilities of an orderly pluralism (mainly as a result of the partial decline of sovereignty under the lash of the repercussions of the economy), while legal practice is unfolding in new directions, such as that of automation, the law seems to be put to the test by two sets of questions: the erosion and redrawing of geographical boundaries that determine its effectiveness on the one hand, and the unpredictable possibilities freed up by the global non-place of virtual and market negotiations on the other. Speed, movement, wars, and the instability of effective boundaries seem to be the new stumbling blocks brought about by globalization, and the uncertainty of possible solutions is almost frightening; Studying the regulatory dimension of Algerian nomads reveals ancestral solutions whose functional capacity is not undermined by the perennial change of territories, landscapes, alliances – solutions that are not immediately expendable in the contemporary world, but which constitute significant food for thought.
2024
Nomads, Law, Costume, Algerian Sahara, Space, Time, Islam, Berberian Tradition
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.12570/41194
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