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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.
Sociology of Law
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The Persistence of Violence
Colombia’s headline story, about the peace process with guerrilla and its attendant controversies, does not consider the fundamental contradiction of a nation that spans generosity and violence, warmth and hatred—products of its particular pattern of invasion, dispossession, and enslavement. The Persistence of Violence fills that gap in understanding. Colombia is a place that is two countries in one—the ideal and the real—summed up in the idiomatic expression, not unique to Colombia, but particularly popular there, "Hecha la ley, hecha la trampa" (When you pass a law, you create a loophole). Less cynically, and more poetically, the Nobel Laureate Gabriel García Márquez deemed Colombians capable of both the most noble acts and the most abject ones, in a world where it seems anyone might do anything, from the beautiful to the horrendous.The Persistence of Violence draws on those contradictions and paradoxes to look at how violence—and resistance to it—characterize Colombian popular culture, from football to soap opera to journalism to tourism to the environment.
The Face of Peace
A multi-scale ethnography of government pedagogy in Colombia and its impact on peace. Colombia’s 2016 peace agreement with the FARC guerrillas sought to end fifty years of war and won President Juan Manuel Santos the Nobel Peace Prize. Yet Colombian society rejected it in a polarizing referendum, amid an emotive disinformation campaign. Gwen Burnyeat joined the Office of the High Commissioner for Peace, the government institution responsible for peace negotiations, to observe and participate in an innovative “peace pedagogy” strategy to explain the agreement to Colombian society. Burnyeat’s multi-scale ethnography reveals the challenges government officials experienced communicating with skeptical audiences and translating the peace process for public opinion. She argues that the fatal flaw in the peace process lay in government-society relations, enmeshed in culturally liberal logics and shaped by the politics of international donors. The Face of Peace offers the Colombian case as a mirror to the global crisis of liberalism, shattering the fantasy of rationality that haunts liberal responses to “post-truth” politics.
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.
