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Author: Helena Alviar García Publisher: Routledge ISBN: 1000387011 Category : Social Science Languages : en Pages : 140
Book Description
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.
Author: Helena Alviar García Publisher: Routledge ISBN: 1000387011 Category : Social Science Languages : en Pages : 140
Book Description
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.
Author: Helena Alviar García Publisher: Routledge ISBN: 1000386996 Category : Social Science Languages : en Pages : 122
Book Description
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.
Author: Kenneth L Karst Publisher: Univ of California Press ISBN: 9780520029552 Category : Law Languages : en Pages : 764
Book Description
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.
Author: David M. Trubek Publisher: ISBN: 9781107342019 Category : Brazil Languages : en Pages : 394
Book Description
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.
Author: Asif H Qureshi Publisher: Taylor & Francis ISBN: 1003813453 Category : Law Languages : en Pages : 365
Book Description
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.
Author: Manuel Larrabure Publisher: Taylor & Francis ISBN: 100080173X Category : Political Science Languages : en Pages : 241
Book Description
This book provides a fresh interpretation of the rise and fall of Latin America’s ‘left turn’, or movement towards more progressive economic or social policies. From a historical and comparative perspective, the book argues that Latin America is entering a new phase of authoritarian statism. Based on over 10 years of research on Latin American political economy and social movements, including years of fieldwork in Chile, Brazil, Venezuela and Argentina, this book combines the stories of individuals and groups in particular situations with the macro-level political and economic trajectory of the region since the postwar period. The book draws on over 100 interviews with community activists, workers, union leaders, politicians, journalists, and NGOs, as well as archival work. In addition, the book uses up-to-date national and regional economic data, including both standard and heterodox development indicators. By engaging with key case studies including Argentina’s recovered enterprises, Chile’s student movement, Brazil’s free transit movement, and Venezuela’s popular economy, this book analyzes the complex relationship between "post-capitalist struggles" and the governance models of the "pink tide", the wave of left governments that began to sweep the region at the turn of the century. This book will be of interest to researchers across politics, development, Latin American studies and social movement studies. The original data and analysis of the relationship between social movements and governments will also benefit policymakers and those working within the NGO sector.
Author: Francisca Pou-Giménez Publisher: Cambridge University Press ISBN: 1009201778 Category : Law Languages : en Pages : 353
Book Description
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Author: Eduardo Gonçalves Gresse Publisher: Taylor & Francis ISBN: 1000783839 Category : Business & Economics Languages : en Pages : 247
Book Description
This book investigates how non-state actors have become key drivers of the diffusion of the UN 2030 Agenda for Sustainable Development in Brazil. The UN ranks Brazil as the most biodiverse country in the world, but the country’s environment has never been under greater threat, with the rise of multiple crises bringing mounting challenges to socioeconomic development and environmental protection. As state support has fallen away, non-state actors have actively engaged and eventually mobilized other social actors towards the promotion of the SDGs and the implementation of the UN agenda. This book asks why it is that non-state actors have dedicated so much time, effort and resources to promote a non-binding agenda that was ratified by and is mainly assigned to state actors. Looking at the roles of academia, civil society, and the private sector, the book explores the different ways in which these social actors make sense of and translate the 2030 Agenda into practice within their respective local contexts. Drawing on extensive fieldwork, this book sheds light on a series of challenges, opportunities and contradictions within the global agenda and its implementation. Assessing what the Brazil case can teach us about the diffusion of the 2030 Agenda and the SDGs more broadly, this book will be of interest to academics in the field of Sustainable Development, Latin America Studies and Environmental Politics as well as sustainable development researchers and policy makers.
Author: Helena Alviar García
Author: Helena Alviar García
Author: Helena Alviar García
Author: Kenneth L Karst
Author: David M. Trubek
Author: Asif H Qureshi
Author: David M. Trubek
Author: Manuel Larrabure
Author: Maria Dakolias
Author: Francisca Pou-Giménez
Author: Eduardo Gonçalves Gresse