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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.
Democratizing Democracy
The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.
Marijuana Boom
Before Colombia became one of the world’s largest producers of cocaine in the 1980s, traffickers from the Caribbean coast partnered with American buyers in the 1970s to make the South American country the main supplier of marijuana for a booming US drug market, fueled by the US hippie counterculture. How did Colombia become central to the creation of an international drug trafficking circuit? Marijuana Boom is the story of this forgotten history. Combining deep archival research with unprecedented oral history, Lina Britto deciphers a puzzle: Why did the Colombian coffee republic, a model of Latin American representative democracy and economic modernization, transform into a drug paradise, and at what cost?
Colombia
Recent political changes in Colombia have opened up possibilities to think beyond the long-standing conflict and violence to promote a development agenda, based upon economic growth, social welfare and environmental protection. This publication contains various policy papers which seek to contribute to the national debate on options to address these development challenges. The book is intended to provide the incoming Colombian presidential administration with a comprehensive policy discussion regarding the country's development agenda.
Democratization and the Judiciary
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Sociology of Law
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The Latin American Casebook
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Violent Democracies in Latin America
Despite recent political movements to establish democratic rule in Latin American countries, much of the region still suffers from pervasive violence. From vigilantism, to human rights violations, to police corruption, violence persists. It is perpetrated by state-sanctioned armies, guerillas, gangs, drug traffickers, and local community groups seeking self-protection. The everyday presence of violence contrasts starkly with governmental efforts to extend civil, political, and legal rights to all citizens, and it is invoked as evidence of the failure of Latin American countries to achieve true democracy. The contributors to this collection take the more nuanced view that violence is not a so...
The World Bank Legal Review, Volume 2: Law, Equity and Development
The World Bank Legal Review is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: Equity and Development, and following the success of the World Bank Group’s Legal Forum on “Law, Equity, and Development” in December 2005, volume 2 of The World Bank Legal Review focuses ...
