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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.
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Cultural Identity and Postmodern Writing seeks to ascertain the relationship obtaining between the specific form postmodernism assumes in a given culture, and the national narrative in which that culture traditionally recognizes itself. Theo D’haen provides a general introduction to the issue of “cultural identity and postmodern writing.” Jos Joosten and Thomas Vaessens take a look at Dutch literature, and particular Dutch poetry, in relation to “postmodernism.” Robert Haak and Andrea Kunne do the same with regard to, respectively, German and Austrian literature, while Roel Daamen turns to Scottish literature. Patricia Krus discusses postmodernism in relation to Caribbean literature, and Kristian van Haesendonck and Nanne Timmer turn their attention to Puerto Rican and Cuban literature, while Adriana Churampi deals with Peruvian literature. Finally, Markha Valenta investigates the roots of the postmodernism debate in the United States. This volume is of interest to all students and scholars of modern and contemporary literature, and to anyone interested in issues of identity as linked to matters of culture.
This manual contains overviews on language acquisition and distinguishes between first- and second-language acquisition. It also deals with Romance languages as foreign languages in the world and with language acquisition in some countries of the Romance-speaking world. This reference work will be helpful for researchers, students, and teachers interested in language acquisition in general and in Romance languages in particular.
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
Around the world, we see a 'participatory turn' in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women's role as decision-makers. We also see a 'pluralism turn', with increasing legal recognition given to the customary law or religious law of minority groups and indigenous peoples. To date, the former trend has primarily benefitted majority women, and the latter has primarily benefitted minority men. Neither has effectively ensured the participation of minority women. In response, multicultural feminists have proposed institutional innovations to strengthen the voice of minority women, both at the state level and in decisions about the interpretation and evolution of cultural and religious practices. This volume explores the connection between gender parity and multicultural feminism, both at the level of theory and in practice. The authors explore a range of cases from Europe, Latin America, the Middle East, and Africa, in relation to state law, customary law, religious law, and indigenous law. While many obstacles remain, and many women continue to suffer from the paradox of multicultural vulnerability, these innovations in theory and practice offer new prospects for reconciling gender equality and pluralism.
In a study published in the mid-twentieth century, French historian Robert Ricard postulated that the evangelization and conversion of the native populations of Mexico had been rapid and relatively easy. However, different forms of evidence show that the so-called “spiritual conquest” was anything but easy or rapid, and, in fact, natives continued to practice their traditional beliefs alongside Catholicism. Within several decades of initiating the so-called “spiritual conquest,” the campaign to evangelize and convert the native populations, the missionaries faced growing evidence of idolatry or the persistence of traditional religious practices and apostasy, straying from Church teachings. The evidence includes written documents such as inquisition investigations that resulted, for example, in the execution of don Carlos, the native ruler of Tezcoco, on December 1, 1539, or that uncovered evidence of systematic organized resistance to Dominican missionaries in the Sierra Mixteca of Oaxaca. Other forms of evidence include pre-Hispanic religious iconography incorporated into what ostensibly were Christian murals, and pre-Hispanic stones embedded in the churches and convents the missionaries had built. One example of this was the stone with the face of Tláloc at the rear of the Franciscan church Santiago Tlatelolco in Distrito Federal. During the course of some three centuries, missionaries from different Catholic religious orders attempted to convert the native populations of colonial Mexico, with mixed results. Native groups throughout colonial Mexico resisted the imposition of the new religion in overt and covert forms, and incorporated Catholicism into their worldview on their own terms. Native cultural and religious traditions were more flexible than the Iberian Catholic norms introduced by the missionaries. The so-called “spiritual conquest,” a term coined by Ricard, evolved as a cultural war set against the backdrop of the imposition of a foreign colonial regime. The 11 essays in this volume examine the efforts to evangelize the native populations of Mexico, the approaches taken by the missionaries, and native responses. The contributions investigate the interplay between natives and missionaries in central Mexico, and on the southern and northern frontiers of New Spain, and among sedentary and non-sedentary natives. In the end, many natives found little in the new faith to attract them, and resisted the imposition of new religious norms and way of life.