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.

Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.

CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.

Paramilitaries, crime, and tens of thousands of disappeared persons—the so-called war on drugs has perpetuated violence in Latin America, at times precisely in regions of economic growth. Legal and illegal economy are difficult to distinguish. A failure of state institutions to provide security for its citizens does not sufficiently explain this. Selective Security in the War on Drugs analyzes authoritarian neoliberalism in the war on drugs in Colombia and Mexico. It interprets the “security projects” of the 2000s—when the security provided by the state became ever more selective—as embedded in processes of land appropriation, transformed property relations, and global capital accumulation. By zooming in on security practices in Colombia and Mexico in that decade and juxtaposing the two contexts, this book offers a detailed analysis of the role of the state in violence. To what extent and for whom do states produce order and disorder? Which social forces support and drive such state practices? Expanding the literature on authoritarian neoliberalism and the coloniality of state power—thus linking political economy to postcolonial approaches—the book builds a theoretical lens to study state security practices. Different social groups, enjoying differentiated access to the state, influenced the state discourse on crime to very different extents. Security practices—which oscillated between dispersed organization by a multiplicity of actors and institutionalization with the military—materialized as horrific insecurity for social groups thought of as disposable. In tendency, putting security centerstage disabled dissent. The “security projects” exacerbated contradictions driven by a particular economic model and simultaneously criminalized precisely those that this model had already radically disadvantaged.