Book

Ruling the law (2020)

legitimacy and failure in Latin American legal systems

in: ASCL studies in comparative law

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Abstract

The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.

Keywords

Law, Rule of law, Law reform, Comparative law, Latin America

Languages

English

Publisher

Cambridge University Press

ISBN

9781107178397, 9781316630921

Pages

xv, 283

DOI

10.1017/9781316823552

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