What explains the success of criminal prosecutions against former
Latin American officials accused of human rights violations? Why
did some judiciaries evolve from unresponsive bureaucracies into
protectors of victim rights? Using a theory of judicial action
inspired by sociological institutionalism, this book argues that
this was the result of deep transformations in the legal
preferences of judges and prosecutors. Judicial actors discarded
long-standing positivist legal criteria, historically protective of
conservative interests, and embraced doctrines grounded in
international human rights law, which made possible innovative
readings of constitutions and criminal codes. Litigants were
responsible for this shift in legal visions by activating informal
mechanisms of ideational change and providing the skills necessary
to deal with complex and unusual cases. Through an in-depth
exploration of the interactions between judges, prosecutors and
human rights lawyers in three countries, the book asks how changing
ideas about the law and standards of adjudication condition the
exercise of judicial power.
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