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Lawfare
In Lawfare: The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America. Indeed, more and more popular political leaders in the region are being imprisoned or prosecuted, even while in power. Inacio Lula da Silva is the quintaessential case of this worrying process. Despite the centrality of this juridical-political phenomenon in Latin America, it is little known to the Anglo-Saxon public. This book aims to fill this gap. In an accessible style, the authors deconstruct the legal language and the main problematics of lawfare, drawing attention to the fact that it may end up destroying the rule of law in order to promote the most cruel forms of neoliberalism. Featuring a foreword by Lula da Silva.
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME IV)
The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0
The Handbook of Comparative Criminal Law
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Criminology and Criminal Policy Movements
"These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.
Justice and Memory After Dictatorship
Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
Southernising Criminology
This book introduces the ‘Southern criminology’ movement; explores its theoretical, methodological, and philosophical tools; offers analytical accounts on the development of criminological thoughts in marginalised regions; and showcases the cutting edge of criminological research from Southern settings. Southernising Criminology is structured into three parts. The first part provides theoretical and methodological insights into how criminology can be Southernised, including renowned social scientists who share concerns for the need to reconceptualise the centre, the periphery, and their relations. The second part brings the reader up-to-date with the state of criminological research in d...
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.
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME II)
The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0
Enduring Reform
Over the last twenty years, business responses to progressive reform in Latin America have shifted dramatically. Until the 1990s, progressive movements in Latin America suffered violent repression sanctioned by the private sector and other socio-political elites. The powerful case studies in this volume show how business responses to reform have become more open-ended as Latin America's democracies have deepened, with repression tempered by the economic uncertainties of globalization, the political and legal constraints of democracy, and shifting cultural understandings of poverty and race. Enduring Reform presents five case studies from Mexico, Brazil, and Argentina in which marginalized gr...
The Unwritten Brazilian Constitution
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
