Routledge Handbook of Law and Society in Latin America: 1st Edition (Hardback) book cover

Routledge Handbook of Law and Society in Latin America

1st Edition

Edited by Rachel Sieder, Karina Ansolabehere, Tatiana A. Alfonso Sierra

Routledge

490 pages

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Hardback: 9781138184459
pub: 2019-06-10
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Description

An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region.

The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society.

Key topics examined include:

  • The gap between law-on-the-books and law in action
  • The implications of legal pluralism and legal globalization
  • The legacies of experiences of transitional justice
  • Emerging forms of socio-legal and political mobilization
  • Debates concerning the relationship between the legal and the illegal.

The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.

Table of Contents

1. Law and Society in Latin America: An IntroductionRachel Sieder, Karina Ansolabehere and Tatiana Alfonso

Part 1. Law, Politics and Society

2. Latin America’s Contribution to Constitutionalism

Roberto Gargarella

3.State and Law in Latin America: A Critical Assessment

Lisa Hilbink and Janice Gallagher

4. Legal Pluralism and Fragmented Sovereignties: Legality and Illegalityin Latin America

Rachel Sieder

5. Disobeying the Law: Latin America’s Culture of Noncompliance with Rules

Mauricio García Villegas

6. Law and Violence in Latin America

Julieta Lemaitre

7. Ethnography, Bureaucracy and Legal Knowledge in Latin American State Institutions: Law’s Material and Technical Dimensions

Leticia Barrera and Sergio Latorre

8. Latin American feminist legal theory: taking multiple subordinations seriously

Isabel C. Jaramillo Sierra

9. Law and Race in Latin America

Tanya Katerí Hernández

10. An Agenda for Latin American "Law and Development"

Pedro Fortes

11. Marxist Perspectives on Law and Inequality in Latin America

Carlos Rivera-Lugo

Part 2: New Constitutional Models and Institutional Design

12. Judicial Politics in Latin America

Juan F. González-Bertomeu

13. Supreme and Constitutional Courts: Directions in Constitutional Justice

Francisca Pou Jimenez

14. Public Prosecutors Offices in Latin America

Veronica Michel-Luviano

15. Human Rights Ombudsmen in Latin America

Fredrik Uggla

16. Prisoner Capture: Welfare, Lawfare and Warfare in Latin America’s Overcrowded Prisons

Fiona Macaulay

17. Challenges of Police Reform in Latin America

Lucia Dammert

18. Legal Professionals in Latin America at the dawn of the 21st Century

Manuel Gómez

19. Legal Institutions as Arenas for Promoting Human Rights

Karina Ansolabehere

20. Deglobalization and Regional Human Rights

Alexandra Huneeus

Part 3: Law and Social Movements

21. The Judicialization of Politics in Latin America

Bruce Wilson and Camila Gianella

22. Society, the State, and Recognition of the Right to a Self-Perceived Gender Identity

Laura Saldivia Menajovsky

23. Law, Gender and Social movements in Latin America: Moral Negotiations and Uneven Victories in Feminist Legal Mobilization

Marta Machado de Assis, Ana Luiza Villela de Viana Bandeira and Fernanda Matsuda

24. Transitional Justice and the Politics of Prosecuting Gross Human Rights Violations in Latin America

Elena Martinez Barahona and Martha Liliana Gutiérrez

Part 4: Emergent Topics

25. Urban Regulation and the Latin American City

Rodrigo Meneses Reyes

26. Landscapes of Property: Socio-Legal Perspectives from Latin America

Tatiana Alfonso

27. New Influences on Legality and Justice in Latin America: Corruption and Organized Crime

Linn Hammergen

28. The ‘New Militarism" and the Rule of Law in Latin American Democracies

Julio Ríos-Figueroa

29. Drugs and the Law in Latin America: The Legal, Institutional and Social Costs of Drug Policy

Alejandro Madrazo and Catalina Pérez Correa

About the Editors

Rachel Sieder is Senior Research Professor at the Center for Research and Graduate Studies in Social Anthropology (CIESAS) in Mexico City. She is also Associate Senior Researcher at the Chr. Michelsen Institute in Bergen, Norway. Her research interests include human rights, indigenous rights, social movements, indigenous law, legal anthropology, the state and violence. Her books include: ed. Demanding Justice and Security: Indigenous Women and Legal Pluralities in Latin America. (2017); ed. with John-Andrew McNeish, Gender Justice and Legal Pluralities: Latin American and African Perspectives, Routledge-Cavendish (2012); ed. with Javier Couso and Alex Huneeus, Cultures of Legality: Judicialization and Political Activism in Latin America, (2010). She has an M.A. in Latin American Studies and a Ph.D. in Politics from the University of London.

Karina Ansolabehere is a full time researcher at the Institute of Legal Research of the National Autonomous University of Mexico, and part time researcher at FLACSO-Mexico. She is a sociologist from the University of Buenos Aires, has a Masters in Economic Sociology from the University of General San Martin, and a Ph.D. degree in Research in Social Sciences with specialization in Political Sciences from FLACSO-Mexico. Her topics of interest are judicial politics, human rights, judicialization of human rights, legal cultures and political theory, with special focus on Latin America. She has taught courses on sociology of law, judicial politics, human rights and political theory. She is a member of the National Researchers System of Mexico. Ansalobehere has a degree in sociology from the University of Buenos Aires, Argentina, and a Ph.D. in Social Sciences with specialization in Political Sciences from FLACSO-Mexico.

Tatiana Alfonso is an Assistant Professor at ITAM Law School in Mexico City since 2017. Her research interests include human rights, sociology of law, sociology of race and ethnicity, sociology of development and methodologies for legal research. In her work, she explores the relation between law and social inequalities with a focus on how legal and political institutions may have distributive effects between unequal actors in society. In pursuing those interests, she has carried out research on racial discrimination and human rights, social movements and legal change, and property rights of indigenous peoples and afro descendant communities in Latin America. She is a psychologist and a lawyer from Universidad de Los Andes (Bogotá, Colombia) and holds a Masters and a Ph.D. in Sociology from the University of Wisconsin-Madison.

Subject Categories

BISAC Subject Codes/Headings:
POL000000
POLITICAL SCIENCE / General
POL018000
POLITICAL SCIENCE / Reference
SOC024000
SOCIAL SCIENCE / Research