ABSTRACT

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.

chapter Chapter 1|20 pages

Remapping law and society in Latin America

Visions and topics for a new legal cartography

part I|60 pages

The context of Latin American law

part II|60 pages

Constitutional reforms and innovations

chapter Chapter 5|10 pages

Latin American constitutionalism

Social rights and the “engine room” of the constitution

chapter Chapter 7|29 pages

Constitutions in action

The impact of judicial activism on socioeconomic rights in Latin America

part III|34 pages

The multicultural turn

chapter Chapter 9|18 pages

The panorama of pluralist constitutionalism

From multiculturalism to decolonization

part IV|104 pages

Transnational legal processes and human rights

chapter Chapter 10|17 pages

Autonomy and subsidiarity

The Inter-American system of human rights vs. national justice systems

chapter Chapter 11|26 pages

Freedom of expression in the Americas

Persistent problems and emerging challenges 1

chapter Chapter 12|15 pages

Inter-American constitutionalism

The interaction between human rights and progressive constitutional law in Latin America

chapter Chapter 13|16 pages

Judicial review and rights protection in Latin America

The debate on the regionalization of activism

chapter Chapter 14|28 pages

Citizen insecurity and human rights

Toward the deconstruction of the security discourse and a new criminal law