Jurisdicción especial indígena en Latinoamérica PDF Download

Author: Figuera Vargas,Sorily Carolina
Publisher: Universidad del Norte
ISBN: 9587415523
Category : Law
Languages : es
Pages : 324

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Book Description
Esta obra constituye un estudio exhaustivo sobre diferentes aspectos de la jurisdicción especial indígena como institución y fenómeno social. Está dirigida a estudiantes universitarios y profesionales en general interesados en profundizar acerca del tema del reconocimiento de los derechos indígenas, principalmente el de la potestad de administrar justicia. Representa entonces un estudio interdisciplinar que si bien centra su enfoque en el derecho, igualmente abarca la filosofía, la antropología, la sociología jurídica y la ciencia política para realizar una detallada caracterización y un riguroso análisis acerca de la regulación de la jurisdicción indígena en distintos países de América Latina, con especial énfasis en la legislación colombiana.

Author: Almut Schilling-Vacaflor
Publisher: Routledge
ISBN: 131708862X
Category : Political Science
Languages : en
Pages : 447

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Book Description
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
ISBN: 1317026209
Category : Law
Languages : en
Pages : 297

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Book Description
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Author: Yasmin Olteanu
Publisher: Springer
ISBN: 3319953249
Category : Business & Economics
Languages : en
Pages : 336

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Book Description
This book analyzes the whole path to justice: from the decision to enter the path to justice until justice is achieved and applies a mixed-methods approach using quantitative and qualitative data. It deliberately takes the consumer’s perspective and, beyond the scope of existing studies, does not only take into account the existence of mechanisms and forums to claim justice, but their appropriateness for vulnerable target groups. The book sheds more light on microfinance and other vulnerable clients who, due to existing barriers, cannot access grievance, redress or complaint mechanisms. Eliminating these access barriers would cater to the achievement of the 16th Sustainable Development Goal by increasing vulnerable consumers’ Access to Justice. This book will be of interest to academics researching access to justice, researchers focusing on consumer protection issues in developing countries, and practitioners working in financial inclusion.

Author: Cesar Garavito
Publisher: Routledge
ISBN: 1136002405
Category : Law
Languages : en
Pages : 306

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Book Description
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.

Author: Mads Andenas
Publisher: Springer Nature
ISBN: 3030573249
Category : Law
Languages : en
Pages : 417

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Book Description
This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

Author:
Publisher:
ISBN:
Category : Semiotics
Languages : en
Pages : 418

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Book Description

Author: Rachel Sieder
Publisher: Routledge
ISBN: 1136191577
Category : Law
Languages : en
Pages : 249

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Book Description
Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Author: Rachel Sieder
Publisher: Rutgers University Press
ISBN: 0813587956
Category : Political Science
Languages : en
Pages : 310

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Book Description
Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.

Author: Rosi Braidotti
Publisher: Columbia University Press
ISBN: 023151526X
Category : Philosophy
Languages : en
Pages : 345

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Book Description
For more than fifteen years, Nomadic Subjects has guided discourse in continental philosophy and feminist theory, exploring the constitution of contemporary subjectivity, especially the concept of difference within European philosophy and political theory. Rosi Braidotti's creative style vividly renders a productive crisis of modernity. From a feminist perspective, she recasts embodiment, sexual difference, and complex concepts through relations to technology, historical events, and popular culture. This thoroughly revised and expanded edition retains all but two of Braidotti's original essays, including her investigations into epistemology's relation to the "woman question;" feminism and biomedical ethics; European feminism; and the possible relations between American feminism and European politics and philosophy. A new piece integrates Deleuze and Guattari's concept of the "becoming-minoritarian" more deeply into modern democratic thought, and a chapter on methodology explains Braidotti's methods while engaging with her critics. A new introduction muses on Braidotti's provocative legacy.