Legal Experiments for Development in Latin America

Legal Experiments for Development in Latin America
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 140
Release: 2021-02-23
Genre: Social Science
ISBN: 1000387011

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This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.

Legal Experiments for Development in Latin America

Legal Experiments for Development in Latin America
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 122
Release: 2021-02-23
Genre: Social Science
ISBN: 1000386996

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This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.

Law and Development in Latin America

Law and Development in Latin America
Author: Kenneth L Karst
Publisher: Univ of California Press
Total Pages: 764
Release: 1975-01-01
Genre: Law
ISBN: 9780520029552

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Textbook on law and jurisprudence in Latin America, including an interdisciplinary research analysis of the legal aspects of economic development - covers land reform, commercial law responses to inflation, the role of the courts, etc., includes a case study of legal institutional frameworks in the caracas urban area slums in Venezuela, and provides historical background. References.

Law and the New Developmental State

Law and the New Developmental State
Author: David M. Trubek
Publisher: Cambridge University Press
Total Pages: 393
Release: 2013-05-31
Genre: Law
ISBN: 1107355389

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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

Law and Policy in Latin America

Law and Policy in Latin America
Author: Pedro Fortes
Publisher: Springer
Total Pages: 372
Release: 2016-12-21
Genre: Political Science
ISBN: 1137566949

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This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

Law Reforms around the World

Law Reforms around the World
Author: Asif H Qureshi
Publisher: Taylor & Francis
Total Pages: 365
Release: 2023-12-01
Genre: Law
ISBN: 1003813453

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Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law. This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.

Law and the New Developmental State

Law and the New Developmental State
Author: David M. Trubek
Publisher:
Total Pages: 379
Release: 2013
Genre: Brazil
ISBN: 9781107237797

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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory.

Law and Society in Latin America

Law and Society in Latin America
Author: Cesar Garavito
Publisher: Routledge
Total Pages: 306
Release: 2014-09-04
Genre: Law
ISBN: 1136002405

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Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. 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 and defy conventional accounts of Latin American law inherited from law-and-development studies. 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 students of comparative law, legal mobilization, and Latin American politics.

Reclaiming Latin America

Reclaiming Latin America
Author: Doctor Steve Ludlam
Publisher: Zed Books Ltd.
Total Pages: 318
Release: 2013-07-04
Genre: Political Science
ISBN: 1848137648

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Reclaiming Latin America is a one-stop guide to the revival of social democratic and socialist politics across the region. At the end of the Cold War, and through decades of neoliberal domination and the 'Washington Consensus' it seemed that the left could do nothing but beat a ragged retreat in Latin America. Yet this book looks at the new opportunities that sprang up through electoral politics and mass action during that period. The chapters here warn against over-simplification of the so-called 'pink wave'. Instead, through detailed historical analysis of Latin America as a whole and country-specific case studies, the book demonstrates the variety of approaches to establishing a lasting social justice. From the anti-imperialism of the Bolivarian Alternative for the Americas in Venezuela, Bolivia and Cuba, to the more gradualist routes being taken in Chile, Argentina and Brazil, Reclaiming Latin America gives a real sense of the plurality of political responses to popular discontent.