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Author: Rachel Sieder
Publisher: Routledge
ISBN: 1317291271
Category : Political Science
Languages : en
Pages : 978
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Book 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.
Author: Rachel Sieder
Publisher: Routledge
ISBN: 1317291271
Category : Political Science
Languages : en
Pages : 978
Get Book Here
Book 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.
Author: Lynn Stephen
Publisher: University of Arizona Press
ISBN: 0816542961
Category : Social Science
Languages : en
Pages : 281
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Book Description
Indigenous Women and Violence offers an intimate view of how settler colonialism and other structural forms of power and inequality created accumulated violences in the lives of Indigenous women. This volume uncovers how these Indigenous women resist violence in Mexico, Central America, and the United States, centering on the topics of femicide, immigration, human rights violations, the criminal justice system, and Indigenous justice. Taking on the issues of our times, Indigenous Women and Violence calls for the deepening of collaborative ethnographies through community engagement and performing research as an embodied experience. This book brings together settler colonialism, feminist ethnography, collaborative and activist ethnography, emotional communities, and standpoint research to look at the links between structural, extreme, and everyday violences across time and space. Indigenous Women and Violence is built on engaging case studies that highlight the individual and collective struggles that Indigenous women face from the racial and gendered oppression that structures their lives. Gendered violence has always been a part of the genocidal and assimilationist projects of settler colonialism, and it remains so today. These structures—and the forms of violence inherent to them—are driving criminalization and victimization of Indigenous men and women, leading to escalating levels of assassination, incarceration, or transnational displacement of Indigenous people, and especially Indigenous women. This volume brings together the potent ethnographic research of eight scholars who have dedicated their careers to illuminating the ways in which Indigenous women have challenged communities, states, legal systems, and social movements to promote gender justice. The chapters in this book are engaged, feminist, collaborative, and activism focused, conveying powerful messages about the resilience and resistance of Indigenous women in the face of violence and systemic oppression. Contributors: R. Aída Hernández-Castillo, Morna Macleod, Mariana Mora, María Teresa Sierra, Shannon Speed, Lynn Stephen, Margo Tamez, Irma Alicia Velásquez Nimatuj
Author: Esteban Nicholls
Publisher: Routledge
ISBN: 1000733475
Category : History
Languages : en
Pages : 221
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Book Description
Studying the State explores the results of governments in the Global South, particularly in Latin America, turning to the state as a vehicle for mobilizing people, resources and political change. The book evaluates the results of this return to the state by looking at recent historical events to analyse the outcomes, processes, successes and failures of these projects. It also explores the role of China in affecting the margins of manoeuvrability of states, especially Latin American states. Finally, the book considers various perspectives on the theory of the state, contributing to theoretical approaches in the social sciences but in a way that is always grounded in their utility for addressing real-world problems. Contributing to theoretical understandings of the state through grounded case studies, Studying the State will be of great interest to scholars of Latin America, the Global South and neoliberalism and the state. This book was originally published as a special issue in Third World Thematics.
Author: Carmen Soliz
Publisher: University of Pittsburgh Press
ISBN: 0822988100
Category : History
Languages : en
Pages : 264
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Book Description
Fields of Revolution examines the second largest case of peasant land redistribution in Latin America and agrarian reform—arguably the most important policy to arise out of Bolivia’s 1952 revolution. Competing understandings of agrarian reform shaped ideas of property, productivity, welfare, and justice. Peasants embraced the nationalist slogan of “land for those who work it” and rehabilitated national union structures. Indigenous communities proclaimed instead “land to its original owners” and sought to link the ruling party discourse on nationalism with their own long-standing demands for restitution. Landowners, for their part, embraced the principle of “land for those who improve it” to protect at least portions of their former properties from expropriation. Carmen Soliz combines analysis of governmental policies and national discourse with everyday local actors’ struggles and interactions with the state to draw out the deep connections between land and people as a material reality and as the object of political contention in the period surrounding the revolution.
Author: Rachel Sieder
Publisher: Rutgers University Press
ISBN: 0813587948
Category : Political Science
Languages : en
Pages : 441
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Book Description
Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
Author: Marcelo Neves
Publisher: Bloomsbury Publishing
ISBN: 1782251243
Category : Law
Languages : en
Pages : 246
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Book Description
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
Author: Juliet Hooker
Publisher: Rowman & Littlefield
ISBN: 1793615519
Category : Social Science
Languages : en
Pages : 342
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Book Description
Black and Indigenous Resistance in the Americas is an essential roadmap to understanding contemporary racial politics across the Americas, where openly white supremacist politics are on the rise. It is the product of a multiyear, transnational research project by the Anti-racist Research and Action Network of the Americas in collaboration with resistance movements confronting racial retrenchment in Brazil, Bolivia, Chile, Colombia, Guatemala, Mexico, and the United States. How did we get here? And what anti-racist strategies are equal to the dire task of confronting resurgent racism? This volume provides powerful answers to these pressing questions. 1) It traces the making and contestation of state-led racial projects in response to black and indigenous mobilization during an era of expansion of multicultural rights in the context of neoliberal capitalism. 2) It identifies the origins and manifestations of the backlash against hard-fought (but hardly far-reaching) gains by marginalized peoples, showing that (contrary to critiques of “identity politics”) the losses and anxieties produced by the failures of neoliberalism have been understood in racial terms. 3) It distills a path forward for progressive anti-racist activism in the Americas that looks beyond state-centered, rights-seeking strategies and instead situates a critique of racial capitalism as central to the contestation of white supremacy.
Author: Barbara Faedda
Publisher: Ronzani Editore
ISBN:
Category : Law
Languages : en
Pages : 293
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Book Description
Edited by Barbara Faedda Based on a division of powers and the supremacy of a constitution, the rule of law is not invulnerable, as was demonstrated in the violent attack against the U.S. Capitol on January 6, 2021. It can be used but also abused; it can be respected or exploited, exalted or undermined. It can even arouse skepticism, because it is not always effective against the realities of political life. In a world facing social division, polarization, poverty, climate change, and pandemics, it is crucial to understand the roles of those who manage, control, or are touched by the rule of law. This book’s primary goal is to showcase the variety of perspectives, cases, and methodologies of the people and institutions that bring a range of expertise to bear in many fields. The essays here – which encompass various geographic areas and social groups, as well as several historical periods – address racism, misinformation, human rights, the status of women, the treatment of indigenous peoples, the environment, and more. The rule of law is not merely a set of principles that guarantee a just society. It must be more than a tool in the hands of legal experts; it cannot be a concept out of the reach of ordinary people. It is essential that every citizen feel a clear responsibility to protect and promote the rule of law, to denounce inequalities and oppose imbalances of power, if the common goal is to enjoy freedom, democracy, and justice for all. Barbara Faedda is the executive director of the Italian Academy for Advanced Studies at Columbia University and adjunct associate professor in Columbia’s Department of Italian, where she teaches courses on contemporary Italy. Among her publications are the books Elite. Cultura italiana e statunitense tra Settecento e Novecento (Ronzani, 2020); From Da Ponte to the Casa Italiana: A Brief History of Italian Studies at Columbia (Columbia University Press, 2017); Present and Future Memory: Holocaust Studies at the Italian Academy, editor (Italian Academy Publications, 2016); and essays including “An Italian Perspective on the U.S.-Italy Relationship” (The White House Historical Association, 2016); “Neurolaw: come le neuroscienze potrebbero cambiare l’antropologia giuridica”; and “We are not racists, but we do not want immigrants.” In 2016 Dr. Faedda conceived the International Observatory for Cultural Heritage (IOCH), dedicated to all issues relating to the survival, protection, and conservation of cultural heritage. In 2019 she was appointed ambassador, permanent observer for the European Public Law Organization to the United Nations.
Author: R. Aída Hernández Castillo
Publisher: University of Arizona Press
ISBN: 0816534594
Category : Social Science
Languages : en
Pages : 344
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Book Description
The last two decades have witnessed two political transformations that have deeply affected the lives of the indigenous peoples of Latin America. First, a discourse on indigeneity has emerged that links local struggles across the continent with transnational movements whose core issues are racism and political and cultural rights. Second, recent constitutional reforms in several countries recognize the multicultural character of Latin American countries and the legal pluralism that necessarily follows. Multiple InJustices synthesizes R. Aída Hernández Castillo’s twenty-four years of activism and research among indigenous women’s organizations in Latin America. As both feminist and critical anthropologist, Hernández Castillo analyzes the context of legal pluralism wherein the indigenous women of Mexico, Guatemala, and Colombia struggle for justice. Through ethnographical research in community, state, and international justice, she reflects on the possibilities and limitations of customary, national, and international law for indigenous women. Colonialism, racism, and patriarchal violence have been fundamental elements for the reproduction of capitalism, Hernández Castillo asserts. Only a social policy that offers economic alternatives based on distribution of wealth and a real recognition of cultural and political rights of indigenous peoples can counter the damage of outside forces such as drug cartels on indigenous lands. She concludes that the theories of indigenous women on culture, tradition, and gender equity—as expressed in political documents, event reports, public discourse, and their intellectual writings—are key factors in the decolonization of Latin American feminisms and social justice for all.
Author: Minerva Arce Ibarra
Publisher: Springer Nature
ISBN: 3030497674
Category : Social Science
Languages : en
Pages : 462
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Book Description
This book presents oral histories, collective dialogues, and analyses of rural and indigenous livelihoods facing global socio-environmental regime change in Latin America (LA). Since the late twentieth century, rural and indigenous producers in LA, including agriculturists, coffee-growers, as well as small-scale farmers/fishers, and others, have had to resist, cope with, or adapt to a range of neoliberal socio-environmental regimes that impact their territories and associated resources, including water, production systems and ultimately their cultural traditions. In response, rural producers are using local visions and innovation niches to decide what, when, and how to resist, cope with uncertainty, and still be successful in using their customary laws to retain their land rights and livelihoods. This book presents a range of ethnically diverse case studies from LA, which addresses socio-environmental, educational, and law regimes’ effects using transdisciplinary research approaches in rural, traditional and indigenous production systems. Based on both, the results and insights gained into how producers are resisting and adapting to these regimes, as well as decades of research carried out in LA rural territories by the participating authors, the book puts forward a baseline for devising new public policies that are better suited to the real challenges of livelihoods, poverty, and environmental degradation in LA. These recommendations are rooted in post-development thinking; they promote territorial public policy with social inclusion and a human’s rights approach. The book draws on over 20 years of research carried out by LA’s academics and their undergraduate and graduate students who have addressed collaborative work, participatory research, and transdisciplinary approaches with rural commons and communities in LA. It features 19 case studies, with contributions from Argentina, Bolivia, Brazil, Colombia, Cuba, Honduras, and Mexico.
