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The Cambridge History of Latin American Law in Global Perspective

Edited by: Thomas Duve, Tamar Herzog

ISBN13: 9781316518045
Published: February 2024
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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Covering the pre-colonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities, differences within the continent, and entanglements with countries aross the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operates across different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous people's laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.

  • Brings together experts in Latin America and law to create a comprehensive narrative
  • Provides an overview of Latin American pre colonial history and the history of Latin American nation states, linking traditional scholarship with new approaches
  • Helps readers to understand the vast commonalities and differences of Latin American law through time
  • This book is also available online as Open Access on Cambridge Core

Subjects:
Other Jurisdictions , Latin America
Contents:
Introduction - Thomas Duve and Tamar Herzog
1. What is a legal history of Latin American law in a global perspective?
1.1 How was and is Latin American legal history written? - Carlos Petit
1.2 What is a legal history and how does it relate to other histories? - Tamar Herzog
1.3 How is law produced? - Thomas Duve
1.4 What is global legal history and how can it be done? - Mariana Dias Paes
2. How to approach indigenous law? - Caroline Cunill
3. How to approach colonial law?
3.1 A civil law for a religious society - Tamar Herzog
3.2 Religious normativity for colonial empires Thomas Duve
3.3 The domestic sphere - Romina Zamora
4. Independence(s): what is a revolutionary law? - Tamar Herzog
5. The coming of states? The nineteenth century
5.1 Constitutions - José María Portillo
5.2 Codifications - Agustín Parise
5.3 Contestations and exclusions - Monica Dantas and Roberto Saba
6. The omnipresence of the state? The twentieth century
6.1 Towards the administrative state - Eduardo Zimmermann
6.2 Dictatorships - Cristiano Paixão
6.3 Transitional justice and human rights - Ruti Teitel and Valeria Vegh Weis
7. Beyond the state – can state law survive in the twenty-first century? - Daniel Bonilla Maldonado