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Ruling the Law - Legitimacy and Failure in Latin American Legal Systems (Hardcover)
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Ruling the Law - Legitimacy and Failure in Latin American Legal Systems (Hardcover)
Series: ASCL Studies in Comparative Law
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The North-South global divide is as much about perception and
prejudice as it is about economic disparities. Latin America is no
less ruled by hegemonic misrepresentations of its national legal
systems. The European image of its laws mostly upholds legal
legitimacy and international comity. By contrast, diagnoses of
excessive legal formalism, an extraordinary gap between law and
action, inappropriate European transplants, elite control,
pervasive inefficiencies, and massive corruption call for wholesale
law reform. Misrepresented to the level of becoming fictions, these
ideas nevertheless have profound influence on US foreign policy,
international agency programs, private disputes, and academic
research. Jorge L. Esquirol identifies their materialization in
global governance - mostly undermining Latin American states in
legal geopolitics - and their deployment by private parties in
transnational litigation and international arbitration. Bringing
unrelenting legal realism to comparative law, this study explores
new questions in international relations, focusing on the power
dynamics among national legal systems.
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