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This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Although Mexico began its national life in the 1821 as one of the most liberal democracies in the world, it ended the century with an authoritarian regime. Examining this defining process, distinguished historians focus on the evolution of Mexican liberalism from the perspectives of politics, the military, the Church, and the economy. Based on extensive archival research, the chapters demonstrate that--despite widely held assumptions--liberalism was not an alien ideology unsuited to Mexico's traditional, conservative, and multiethnic society. On the contrary, liberalism in New Spain arose from Hispanic culture, which drew upon a shared European tradition reaching back to ancient Greece. This...
These essays include theoretical analyses by Richard Falk, Jack Donnelly and James Rosenau. Chapters on sex tourism, international markets and communications technology bring fresh perspectives to emerging issues. The authors investigate places such as the Dominican Republic, Nigeria and the Philippines.
"The International Ombudsman Yearbook" is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. "The International Ombudsman Yearbook" contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in th...
Rather than an unintended by-product of poor state capacity, weak political and legal institutions are often weak by design.
In his introduction, Paul Sigmund states that the growing religious pluralism in Latin America is one of several reasons why the trend toward democracy that has marked the last two decades may endure. Nevertheless, Sigmund notes that this new pluralism, particularly the growth of Protestantism, has led to tensions that must be resolved. Religious Freedom and Evangelization in Latin America provides an indispensable resource for understanding the range of issues confronting the continent, offering Catholic as well as Protestant perspectives, and trenchant analyses of the situation in different countries, including Brazil, Argentina, Mexico, Nicaragua, and Cuba.
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as the...
A groundbreaking study of the Franco regime's utilization of Hollywood film production in Spain, American tourism, and sophisticated public relations programs - including the most popular national pavilion at the 1964-65 New York World's Fair - in a determined effort to remake the Spanish dictatorship's post-World War II reputation in the US.
One of the more promising developments in global efforts to uphold human rights over the past decade has been the growing role of national human rights institutions. A role for national institutions was foreseen by the United Nations Economic and Social Council as early as 1946 and since the adoption of the Universal Declaration of Human Rights in 1948 the Commission on Human Rights and the United Nations Secretariat have sought to promote the role of such institutions. This volume offers a wealth of information on the protection functions of existing national human rights institutions in a wide selection of countries, drawn from Asia, Africa, Europe, Latin America and Oceania. These essays together make clear the genuine striving by national human rights commissions to act for the protection of human rights in the countries they serve, and the variety of protection models that can and are being adopted, both in developed and developing countries.
The International Ombudsman Yearbook is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The International Ombudsman Yearbook contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in the in...