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This book is the first comprehensive history of the intellectual training and social placement of lawyers in Latin America. Pérez-Perdomo examines the Roman legal roots of the Latin American tradition and traces the development of legal education and practice in Latin America from the 16th century to the present. The main themes in the book are the relationship between lawyers and power, the place of lawyers in social stratification, the role of law and lawyers in building nations and maintaining elite power, the role of law schools, and the main intellectual trends in legal thought.
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
This book examines how Gilberto Freyre's notion of mestiçagem (race mixing) became the overwhelmingly dominant narrative of national identity in twentieth-century Brazil. It will be of interest to scholars and students interested in Brazil, Latin America, race, nationalism, national identity, and popular culture.
This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.
A notable collection of complementary essays, largely culled from the pages of Comparative studies in society and history, examine the ways in which power (exerted by capital, markets, peasants, women, elites, and States) and culture (expressed in official policy, institutions, and communal life) h
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological d...
This work is dedicated to map the modes of thinking and acting of legal professionals who work in white-collar crime. Lawyers, whose decisions generate economic and political consequences, stand at a strategic location between the state and key segments of society. This monograph’s approach is linked to the foundations of the sociology of knowledge, that culture antecedes and anchors social action. It starts by reconstructing the worldviews that legal professionals hold about corruption and its main participants, and then advances to examine decision-making. The author is introducing an innovative dataset comprised of interviews, court records and biographical data to investigate Brazilian...