Law and Society in Latin America
A New Map
Edited by Cesar Rodriguez Garavito
Routledge – 2015 – 280 pages
Over the past two decades, legal thought and practice in Latin America has changed dramatically: new constitutions or constitutional reforms have marked a widespread transition to democracy, fundamental institutional innovations have been introduced, and processes of globalization have had profound impacts on Latin American law. Law and Society in Latin America offers the first systematic assessment by leading Latin American legal scholars of the momentous legal and political transformations in the region.
Together with the liberalization of national economies, there has been an intensive importation of legal ideas and institutions – from the commercial and financial regulations promoted by the World Bank and World Trade Organization, to the adversarial criminal justice system inspired by the United States. Meanwhile, the globalization of human rights has had a fundamental impact – as demonstrated by the multiplication of laws, institutions, and public debates about the rights of groups that historically faced discrimination, and about the punishment of serious human rights violations committed by past or present authoritarian governments. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest.
Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to those studying law and Latin American studies.
1. Remapping Law and Society in Latin America: Visions and Topics for a New Legal Cartography César Rodríguez-Garavito, PART ONE: THE CONTEXT OF LATIN AMERICAN LAW, 2. Inequality and the Subversion of the Rule of Law Oscar Vilhena Viera, 3. Constitution or Barbarism? How to Rethink Law in "Lawless" Spaces Julieta Lemaitre Ripoll, 4. Ineffectiveness of the Law and the Culture of Noncompliance with Rules in Latin America Mauricio García Villegas, PART TWO: CONSTITUTIONAL REFORM AND LEGAL CULTURE 5. Latin American Constitutionalism: Social Rights and the "Engine Room" of the Constitution Roberto Gargarella, 6. The Recent Transformation of Constitutional Law in Latin America: Trends and Challenges Rodrigo Uprimny, 7. Constitutions in Action: The Impact of Judicial Activism on Socioeconomic Rights in Latin America César Rodríguez-Garavito, PART THREE: THE MULTICULTURAL TURN: INDIGENOUS PEOPLES RIGHTS 8. Indigenous Peoples’ Rights and Law in Latin America Rachel Sieder, 9. The Panorama of Pluralist Constitutionalism: From Multiculturalism to Decolonization Raquel Z. Yrigoyen Fajardo, PART FOUR: TRANSNATIONAL LEGAL PROCESSES AND HUMAN RIGHTS 10. Autonomy and Subsidiarity: The Inter-American System of Human Rights vs. National Justice Systems Víctor Abramovich, 11. Persistent Problems And Emerging Challenges Relating to Freedom of Expression in the Americas Catalina Botero Marino, 12. Inter-American Constitutionalism: The Interaction between Human Rights and Progressive Constitutional Law in Latin America Jorge Contesse, 13. Judicial Review and Rights Protection in Latin America: The Debate on the Regionalization of Activism Francisca Pou Giménez, 14. Citizen Insecurity and Human Rights: Toward the Deconstruction of the Security Discourse and a New Criminal Law Ramilo Ávila
César Rodríguez-Garavito is Associate Professor of Law and founding Director of the Program on Global Justice and Human Rights at the University of the Andes.