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The Powers of Law
Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio García-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to socio-political legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and socio-legal studies, García-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of socio-political legal studies.
Legal Culture in the Age of Globalization
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.
Courts and Terrorism
Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
Dilemmas of Modernity
Dilemmas of Modernity provides an innovative approach to the study of contemporary Bolivia, moving telescopically between social, political, legal, and discursive analyses, and drawing from a range of disciplinary traditions. Based on a decade of research, it offers an account of local encounters with law and liberalism. Mark Goodale presents, through a series of finely grained readings, a window into the lives of people in rural areas of Latin America who are playing a crucial role in the emergence of postcolonial states. The book contends that the contemporary Bolivian experience is best understood by examining historical patterns of intention as they emerge from everyday practices. It provides a compelling case study of the appropriation and reconstruction of transnational law at the local level, and gives key insights into this important South American country.
Violence in Latin America and the Caribbean
This volume examines violence across Latin America and the Caribbean to demonstrate the importance of subnational analysis over national aggregates.
Left Behind
The political and economic history of Latin America has been marked by great hopes and even greater disappointments. Despite abundant resources—and a history of productivity and wealth—in recent decades the region has fallen further and further behind developed nations, surpassed even by other developing economies in Southeast Asia and elsewhere. In Left Behind, Sebastian Edwards explains why the nations of Latin America have failed to share in the fruits of globalization and forcefully highlights the dangers of the recent turn to economic populism in the region. He begins by detailing the many ways Latin American governments have stifled economic development over the years through exces...
Latin American Law
Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present....
Same-sex Marriage in Latin America
This book is a follow-up volume to Same-Sex Marriage in the Americas: Policy Innovation for Same-Sex Relationships published by Lexington Books in 2010. It sheds light on regional, national, and individual-level factors that have led to major developments for same-sex relationship equality in Latin America and explores institutional, political, and social barriers for same-sex couples in the region. The first section of the book deals with general aspects of same-sex rights and policies in the Americas; including public opinion regarding same-sex marriage, diffusion of policy innovations for same-sex couples, judicialization of LGBT rights, and the role of the left in support of same-sex rights in Latin America. The second section examines country-cases regarding same-sex policies in Latin America and includes separate chapters on Central America, Argentina, Mexico, Colombia, and Uruguay. Overall, this research is innovative and unique because it covers the understudied policies of same-sex relationships in Latin America, despite its recent major developments, and includes both regional and national level analyses to explain such developments.
The Oxford Handbook of Constitutional Law in Latin America
This Oxford Handbook details the constitutions and constitutional history of Latin America, providing comparative analysis of the prevailing institutional models and major themes in the region's constitutionalism.
Fighting Monsters in the Abyss
Studies the complex constraints and trade-offs the second administration of Colombian President Uribe (2006–2010) encountered as it attempted to resolve that nation’s violent Marxist insurrection and to have a more efficient judicial system Fighting Monsters in the Abyss offers a deeply insightful analysis of the efforts by the second administration of Colombian President Álvaro Uribe Vélez (2006–2010) to resolve a decades-long Marxist insurgency in one of Latin America’s most important nations. Continuing work from his prior books about earlier Colombian presidents and yet written as a stand-alone study, Colombia expert Harvey F. Kline illuminates the surprising successes and setb...
