ABSTRACT

This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world.

Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies.

This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.

part |13 pages

Introduction

chapter |11 pages

Reinterpreting chaos as diversity

An alternative legal approach from the Global South

part I|71 pages

Cultural dynamics

chapter Chapter 1|16 pages

Criminalizing adultery in colonial India

Constructing the wife vs. the “other” in Islamic family law

chapter Chapter 2|20 pages

“First world problems” in the “third world”?

LGBT rights in Singapore

chapter Chapter 3|16 pages

Privacy in public spaces

The transformative potential of Navtej Johar V. Union of India

chapter Chapter 4|17 pages

Gambling with criminal law

The legal paradox of “jogo do bicho” (animal lottery) criminalization in Brazil

part II|56 pages

Political tensions

chapter Chapter 6|19 pages

Cosmologies of federal criminal procedural reform

Democratizing and humanizing criminal justice in Argentina

chapter Chapter 7|19 pages

Of punishment, protest, and press conferences

Contentious politics amid despotic decision in contemporary Burmese courtrooms

part III|71 pages

Institutional practices

chapter Chapter 9|16 pages

Arresting a due process revolution

The reform of Indonesia’s code of criminal procedure and the persistence of history

chapter Chapter 10|16 pages

Sacrificing justice for efficiency?

Examining premature dismissal rates in Peruvian corruption cases

chapter Chapter 11|16 pages

Sexual crimes and transitional justice before courts in Brazil

Accountability for crimes against humanity

part |16 pages

Conclusion