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  • Part or chapter of a book (2)
  • Article (1)
  • Book (1)
Publication date 2021-02 Collection Routledge Studies in Latin American Development Ser.
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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.

in FIU Law Review Publication date 2021
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This article will concentrate on the rules and regulations—mostly local, but also global—that make Colombian coffee the product it is. Although described as a result of unique geographical conditions, sophisticated state policy, and successful institutional building, Colombian coffee is more the result of access to property, tax privileges, mapping permissions about where to plant, conservative family values, and subsidized credits.

in Género en transición Edited by JARAMILLO SIERRA Isabel Cristina Publication date 2020-07
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This article analyzes the peace treaty between the Colombian government and Farc guerrilla members. It proposes that in the battle for the redistribution of resources and power within the transitional justice process, gender inequality was included in the most conservative fashion. This conservative view only defines women as mothers and care givers; strictly identifies gender difference according to biological determinism and promotes a superficial interpretation of formal equality. The text also argues that when this perspective influences the design of laws and public policies, women have less access to resources if they don’t want to be mothers or care givers. In addition the Lgtbi population loses because they fall within the cracks of this biological binary.

in Human Rights in a Time of Populism Edited by NEUMAN Gerald Publication date 2020-04
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This chapter examines populism in Latin America as a method of exercising power, rather than a specific set of substantive provisions. It explores the commonalities between left-populism and right-populism as illustrated by two ideologically opposing figures, Hugo Chávez in Venezuela and Álvaro Uribe in Colombia. Despite their contrasting social and economic policies, there were more similarities than differences in the legal architecture they deployed. In both cases, the preferred tools included the resort to referenda to circumvent and control the legislature, delegitimation of the opposition, and activation of mechanisms allowing the executive to legislate by decree. Their methods illustrate how populist leaders use tools to produce arguments of legitimacy for their selection of winners and losers in society.