Interlegality, a Process for Strengthening Indigenous Peoples’ Autonomy: The Case of the Sámi in Norway

Abstract

This article argues for the conception of interlegality as a more precise term explaining legal pluralistic arrangements. Interlegality is seen as a continuous process elucidating the interchange of legal perceptions between state law and non-state law, i.e. a dynamic approach to legal pluralism. The empirical case relates to the current Sámi situation in Norway, where a great deal of activity illustrating diverse forms of plurality in legal terms takes place at present. Using a historical perspective as a point of departure, the general argumentation is successively substantiated by diverse case material, such as the Reindeer Pastoralist Law (a state authorized regulation of reindeer herding), the Office of Legal Aid, recent Supreme Court Decisions, the establishment of the District Court of Inner Finnmark, and, finally, the Finnmark Act. Throughout the discussion incorporation and recognition appear as key features generally, whereas the specific Sámi case is explained in summary form by the three conceptions, law, institutions, and practice.