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Judges beyond Politics in Democracy and Dictatorship
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Legacies of Violence in Contemporary Spain
This book provides a comprehensive, interdisciplinary study of the multiple legacies of Francoist violence in contemporary Spain, with a special focus on the exhumations of mass graves from the Civil War and post-war era. The various contributions frame their study within a broader reflection on the nature, function and legacies of state-sanctioned violence in its many forms. Offering perspectives from fields as varied as history, political science, literary and cultural studies, forensic and cultural anthropology, international human rights law, sociology, and art, this volume explores the multifaceted nature of a society’s reckoning with past violence. It speaks not only to those interested in contemporary Spain and Western Europe, but also to those studying issues of transitional and post-transitional justice in other national and regional contexts.
Designing Pan-America
Coinciding with the centennial of the Pan American Union (now the Organization of American States), González explores how nineteenth- and twentieth-century U.S. architects and their clients built a visionary Pan-America to promote commerce and cultural exchange between United States and Latin America. Late in the nineteenth century, U.S. commercial and political interests began eyeing the countries of Latin America as plantations, farms, and mines to be accessed by new shipping lines and railroads. As their desire to dominate commerce and trade in the Western Hemisphere grew, these U.S. interests promoted the concept of "Pan-Americanism" to link the United States and Latin America and calle...
Bootstrap Justice
Since 2006, more than 85,000 people have disappeared in Mexico. These disappearances remain largely unsolved: disappeared people are rarely found, and the Mexican state almost never investigates or prosecutes those responsible. Despite this, people not only continue to report disappearances, but many devote their lives to answering the question, where are they? Given the risks and institutional barriers, why and how do people mobilize for justice in states with rampant impunity and weak rule of law? In Bootstrap Justice, Janice Gallagher leverages over a decade of ethnographic research to explain what enables the sustained mobilization of family members of the disappeared and analyze how con...
After National Democracy
In this book historians, legal scholars and political theorists consider the fate of national democracy in the age of globalization.
Legal Consciousness and the Rule of Law in Post-Conflict Societies
This book considers how legal reforms and awareness raising associated with building the rule of law have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. How are popular legal-justice beliefs and practices transformed when legal reforms encounter local contexts and cultures? For over a decade, scholars have engaged with the argument that legal reform through rule of law building is the answer to the various ills of countries transitioning from war to peace or authoritarianism to democracy. Yet, scholars have also repeatedly critiqued rule of law building projects: The rule of law, in theory and in practice, is a...
Branching Out, Digging In
Sarah B. Pralle takes an in-depth look at why some environmental conflicts expand to attract a lot of attention and participation, while others generate little interest or action. Branching Out, Digging In examines the expansion and containment of political conflict around forest policies in the United States and Canada. Late in 1993 citizens from around the world mobilized on behalf of saving old-growth forests in Clayoquot Sound. Yet, at the same time only a very few took note of an even larger reserve of public land at risk in northern California. Both cases, the Clayoquot Sound controversy in British Columbia and the Quincy Library Group case in the Sierra Nevada mountains of northern Ca...
Gender, Constitutions, and Equality
This book addresses whether the "gendering" of constitutions promotes women’s equality. The authors use a mixed-methods approach to explore how constitutional gender rights affect political processes and strategies, legislative and judicial outcomes, and ultimately women’s equality. They employ a cross-national study by constructing a unique database of gender provisions in over 100 countries at three points in time: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana trace the complex relationship between constitutional law, strategies, and policy change in four policy areas: family law, gender-based violence, reproductive rights,...
The Oxford Handbook of Latin American Social Movements
Since the re-democratization of much of Latin America in the 1980s and a regional wave of anti-austerity protests in the 1990s, social movement studies has become an important part of sociological, political, and anthropological scholarship on the region. The subdiscipline has framed debates about formal and informal politics, spatial and relational processes, as well as economic changes in Latin America. While there is an abundant literature on particular movements in different countries across the region, there is limited coverage of the approaches, debates, and theoretical understandings of social movement studies applied to Latin America. In The Oxford Handbook of Latin American Social M...
The Civic Constitution
The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.
