Law and society in Latin America : a new map / edited by César Rodríguez-Garavito.
2015
KG83 .L39 2015 (Map It)
Available at Cellar
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Title
Law and society in Latin America : a new map / edited by César Rodríguez-Garavito.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2015.
Call Number
KG83 .L39 2015
ISBN
9780415854047 (hardback)
0415854040 (hardback)
9780203797655 (ebk)
0203797655 (ebk)
9780203797655 (ebk)
0415854040 (hardback)
9780203797655 (ebk)
0203797655 (ebk)
9780203797655 (ebk)
Description
xi, 293 pages ; 24 cm.
System Control No.
(OCoLC)871966152
Summary
''Legal thought and practice in Latin America has changed dramatically in the last two decades. First : new constitutions or constitutional reforms have marked the transition to democracy of the vast majority of the countries in the region and introduced fundamental institutional innovations, such as judicial review. Second : processes of globalization have had profound impacts on Latin American law. On the one hand, together with the liberalization of national economies, there has been an intensive importation of legal ideas and institutions, from the commercial and financial regulations promoted by the World Bank and World Trade Organization, to the adversarial criminal justice system inspired by the United States. On the other hand, the globalization of human rights has had a fundamental impact as demonstrated by the multiplication of laws, institutions, and public debates about the rights of groups that historically faced discrimination, and about the punishment of serious human rights violations committed by past or present authoritarian governments. After more than twenty years, these and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest. Law and Society in Latin America offers the first systematic assessment by leading Latin American legal scholars of these momentous transformations, painting a portrait of the new Latin American legal thought for an international audience"-- Provided by publisher.
"Over the past two decades, legal thought and practice in Latin America has changed dramatically : new constitutions or constitutional reforms have marked a widespread transition to democracy, fundamental institutional innovations have been introduced, and processes of globalization have had profound impacts on Latin American law. Law and Society in Latin America offers the first systematic assessment by leading Latin American legal scholars of the momentous legal and political transformations in the region. Together with the liberalization of national economies, there has been an intensive importation of legal ideas and institutions, from the commercial and financial regulations promoted by the World Bank and World Trade Organization, to the adversarial criminal justice system inspired by the United States. Meanwhile, the globalization of human rights has had a fundamental impact - as demonstrated by the multiplication of laws, institutions, and public debates about the rights of groups that historically faced discrimination, and about the punishment of serious human rights violations committed by past or present authoritarian governments. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest"-- Provided by publisher.
"Over the past two decades, legal thought and practice in Latin America has changed dramatically : new constitutions or constitutional reforms have marked a widespread transition to democracy, fundamental institutional innovations have been introduced, and processes of globalization have had profound impacts on Latin American law. Law and Society in Latin America offers the first systematic assessment by leading Latin American legal scholars of the momentous legal and political transformations in the region. Together with the liberalization of national economies, there has been an intensive importation of legal ideas and institutions, from the commercial and financial regulations promoted by the World Bank and World Trade Organization, to the adversarial criminal justice system inspired by the United States. Meanwhile, the globalization of human rights has had a fundamental impact - as demonstrated by the multiplication of laws, institutions, and public debates about the rights of groups that historically faced discrimination, and about the punishment of serious human rights violations committed by past or present authoritarian governments. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest"-- Provided by publisher.
Note
"A GlassHouse book."
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Notes on contributors
x
1.
Remapping law and society in Latin America: Visions and topics for a new legal cartography / Cesar Rodriguez-Garavito
1
pt. I
context of Latin American law
21
2.
Inequality and the subversion of the rule of law / Oscar Vilhena Vieira
23
3.
Constitution or barbarism? How to rethink law in "lawless" spaces / Julieta Lemaitre
43
4.
Ineffectiveness of the law and the culture of noncompliance with rules in Latin America / Mauricio Garcia Villegas
63
pt. II
Constitutional reforms and innovations
81
5.
Latin American constitutionalism: social rights and the "engine room" of the constitution / Roberto Gargarella
83
6.
recent transformation of constitutional law in Latin America: trends and challenges / Rodrigo Uprimny
93
7.
Constitutions in action: the impact of judicial activism on socioeconomic rights in Latin America / Cesar Rodriguez-Garavito
112
pt. III
multicultural turn: indigenous peoples' rights
141
8.
Indigenous peoples' rights and the law in Latin America / Rachel Sieder
143
9.
panorama of pluralist constitutionalism: from multiculturalism to decolonization / Raquel Z. Yrigoyen Fajardo
157
pt. IV
Transnational legal processes and human rights
175
10.
Autonomy and subsidiarity: the Inter-American system of human rights vs. national justice systems / Victor Abramovich
177
11.
Freedom of expression in the Americas: persistent problems and emerging challenges / Catalina Botero Marino
194
12.
Inter-American constitutionalism: the interaction between human rights and progressive constitutional law in Latin America / Jorge Contesse
220
13.
Judicial review and rights protection in Latin America: the debate on the regionalization of activism / Francisca Pou Gimenez
235
14.
Citizen insecurity and human rights: toward the deconstruction of the security discourse and a new criminal law / Ramiro Avila Santamaria
251
Index
279