Law and Society in Latin America
A New Map
Edited by Cesar Rodriguez Garavito
Routledge – 2014 – 240 pages
Legal thought and practice in Latin America has changed dramatically in the last two decades. First: new constitutions or constitutional reforms have marked the transition to democracy of the vast majority of the countries in the region and introduced fundamental institutional innovations, such as judicial review. Second: processes of globalization have had profound impacts on Latin American law. On the one hand, 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. On the other hand, 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. After more than twenty years, 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. Law and Society in Latin America offers the first systematic assessment by leading Latin American legal scholars of these momentous transformations, painting a portrait of the new Latin American legal thought for an international audience.
Introduction. A New Map for Latin American Legal Thought, César Rodríguez Garavito; Part I: The Context: Inequality, Violence, and Globalization; 1. Structural Inequality and the Rule of Law, Oscar Vilhena Vieira; 2. Constitution or barbarism? How to Rethink the Law in "Lawless" Areas, Julieta Lemaitre Ripoll; 3. Navigating Globalization: A World Map for the Study and Practice of Law in Latin America, César Rodríguez Garavito; Part II: Constitution, Rule of Law, and Legal Culture; 4. Thinking about Constitutional Reform in Latin America, Roberto Gargarella; 5. The Recent Constitutional Transformations in Latin America: Trends and Challenges, Rodrigo Uprimny; 6. The Horizon of Pluralist Constitutionalism: From Multiculturalism to Decolonization, Raquel Z. Yrigoyen Fajardo; 7. Ineffectiveness of the Law and the Culture of Non-Compliance with Rules in Latin America, Mauricio García Villegas; 8. Lusus Naturae, Martín Böhmer; Part III: Human Rights, Courts, and International Law; 9. Autonomy and Subsidiarity: The Inter-American System of Human Rights Versus National Justice Systems, Víctor Abramovich; 10. Constitutional Justice and Protection of Rights in Latin America: The Debate About the Regionalization of Activism, Francisca Pou Giménez; 11. Inter-American Constitutionalism: Some Notes on the Dynamics of Creation and Internalization of Human Rights, Jorge Contesse Singh; 12. Persistent Problems and Emerging Challenges Relating to Freedom of Expression in the Americas, Catalina Botero Marino; 13. Indigenous Peoples and Rights in Latin America, Rachel Sieder; 14. Social rights, the Environment, and Development. Reflections on a Successful Case, Ronaldo Porto Macedo; Part IV: The Challenges of Justice; 15. Control and Observation of Judicial Power: The Publicization of the Actions and Trajectories of the Judges on the Supreme Federal Tribunal, Leonardo Avritzer and Fernando Filgueiras; 16. Citizen Insecurity and Human Rights: Through the Deconstruccion of a Securitist Discourse and on to a New Criminal Law, Ramiro Ávila Santamaría; 17. Measuring Justice: The Case of the Index of Confidence in Justice (ICJ) in Brazil, Luciana Gross
Cesar Rodriguez Garavito is based at the University of the Andes Law School