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Law and Society Contemporary Cuba (Hardcover, 2nd New edition)
Loot Price: R4,238
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Law and Society Contemporary Cuba (Hardcover, 2nd New edition)
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Every society must find a way to resolve the tension between
individual interests and the common good. Today, poorer nations
bear the added burden of sagging economics and colossal debt,
hardly a sound basis for sustaining a semblance of civil rights or
social justice. Cuba stands apart, as a small and poor country,
which nevertheless has established standards of access to
education, health care and housing that are among the highest in
the world. An understanding of the legal system that has fostered
and continues to protect this singular achievement offers
inarguably important lessons for the global legal and policy-making
community. Debra Evenson's eloquent analysis of Cuban law and
society first appeared in 1994, and remains the only detailed,
first-hand treatment of the subject. This thoroughly revised second
edition incorporates the many changes that have taken place in Cuba
during the last decade. The author finds a regime still unalterably
committed to preserving fundamental principles of socialism, even
as it struggles against enormous odds to maintain a secure place in
the global economy. As it analyzes the substantive and procedural
issues of the various fields of law, judicial administration and
legal practice, Law and Society in Contemporary Cuba explores at
every turn the ongoing "reinvention" of socialism that Cuba has
chosen to pursue. Cuba's commitment to a sustainable socialist
economy in the prevailing market-driven global context colors the
numerous recent reforms that introduce decentralized decision
making and management at local and enterprise levels. The author
explains the effects of de-subsidization of state enterprises on
legal issues arising inlabor-management relations, banking, and
taxation, and describes new "private" initiatives such as expanded
areas of foreign investment, individual ownership of farms, and
increased self-employment incentives. Other fields of law covered
include criminal justice, family law, environmental regulation,
intellectual property, and judicial procedure. Ms. Evenson does not
turn a blind eye to the undeniable limitations on freedom of
expression and political association imposed by Cuban law. However,
her analysis also reveals the express and persistent U.S. hostility
and efforts to undermine the current government that have a direct
impact upon reducing the political and legal space for spontaneous
debate inside Cuba. In doing so, she does readers an additional
service by allowing us to reflect on the outcomes of one of
Washington's most consistent foreign policy directions over the
past four decades. By illuminating the relationship between law and
social policy in a system striving to guarantee basic social
rights, racial and gender equality and equitable distribution of
wealth, this book is a major contribution to legal theory and
invites re-examination of the appropriate balance between social
justice and individual autonomy as perceived by the dominant legal
culture.
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