The Philosophy of Law


Book Description

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.




The Philosophy of Law


Book Description

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods




Honor, Status, and Law in Modern Latin America


Book Description

This collection brings together recent scholarship that examines how understandings of honor changed in Latin America between political independence in the early nineteenth century and the rise of nationalist challenges to liberalism in the 1930s. These rich historical case studies reveal the uneven processes through which ideas of honor and status came to depend more on achievements such as education and employment and less on the birthright privileges that were the mainstays of honor during the colonial period. Whether considering court battles over lost virginity or police conflicts with prostitutes, vagrants, and the poor over public decorum, the contributors illuminate shifting ideas about public and private spheres, changing conceptions of race, the growing intervention of the state in defining and arbitrating individual reputations, and the enduring role of patriarchy in apportioning both honor and legal rights. Each essay examines honor in the context of specific historical processes, including early republican nation-building in Peru; the transformation in Mexican villages of the cargo system, by which men rose in rank through service to the community; the abolition of slavery in Rio de Janeiro; the growth of local commerce and shifts in women’s status in highland Bolivia; the formation of a multiethnic society on Costa Rica’s Caribbean coast; and the development of nationalist cultural responses to U.S. colonialism in Puerto Rico. By connecting liberal projects that aimed to modernize law and society with popular understandings of honor and status, this volume sheds new light on broad changes and continuities in Latin America over the course of the long nineteenth century. Contributors. José Amador de Jesus, Rossana Barragán, Sueann Caulfield, Sidney Chalhoub, Sarah C. Chambers, Eileen J. Findley, Brodwyn Fischer, Olívia Maria Gomes da Cunha, Laura Gotkowitz, Keila Grinberg, Peter Guardino, Cristiana Schettini Pereira, Lara Elizabeth Putnam




A Companion to Latin American Philosophy


Book Description

This comprehensive collection of original essays written by an international group of scholars addresses the central themes in Latin American philosophy. Represents the most comprehensive survey of historical and contemporary Latin American philosophy available today Comprises a specially commissioned collection of essays, many of them written by Latin American authors Examines the history of Latin American philosophy and its current issues, traces the development of the discipline, and offers biographical sketches of key Latin American thinkers Showcases the diversity of approaches, issues, and styles that characterize the field




The Latin American Casebook


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.




Latin American Philosophy


Book Description

"The essays in this book make it elegantly clear that there is a vigorous and rigorous Latin American philosophy . . . and that others dismiss it at their peril." —Mario Sáenz The ten essays in this lively anthology move beyond a purely historical consideration of Latin American philosophy to cover recent developments in political and social philosophy as well as innovations in the reception of key philosophical figures from the European Continental tradition. Topics such as indigenous philosophy, multiculturalism, the philosophy of race, democracy, postmodernity, the role of women, and the position of Latin America and Latin Americans in a global age are explored by notable philosophers from the region. An introduction by Eduardo Mendieta examines recent trends and points to the social, political, economic, and cultural conditions that have inspired the discipline. Latin American Philosophy brings English-speaking readers up to date with recent scholarship and points to promising new directions.




Philosophical Analysis in Latin America


Book Description

Historians of Latin American philosophy have paid relatively little attention to the development of philosophical analysis in Latin America. There are two reasons for this neglect: First, they have been primarily concerned with the forma tive period of philosophical development, in particular with the so called "founders" of La ti n American philosophy. And second. philosophical analysis did not become a noticeable philosophical trend in Latin America until recent years. True. a nunber of Latin American philosophers took notice of Moore. Russell. the members of the Vienna Circle and other important figures in the analytic movement qui te early. But these were isolated instances that lacked the sustained effort and broad base indispensible to make a serious impact in the development of Latin American philosophy. That has changed now. There are not only good numbers of philosophers who work within the analytic tradition, but also some journals and institutes dedicated to the analytic mode of philosophizing. It is. therefore. most appropriate to publish a collection of articles which would introduce the reader of philosophy to the most representative analytic material produced so far in Latin America. Indeed. it is not only appropriate. but also necessary. since most of the published analytic literature to date is scattered in various journals, sometimes of difficult access. Moreover, not all that has been published is representative of the best already produced and of the potential that the movement has in Latin America.




Oxford Bibliographies


Book Description

"An emerging field of study that explores the Hispanic minority in the United States, Latino Studies is enriched by an interdisciplinary perspective. Historians, sociologists, anthropologists, political scientists, demographers, linguists, as well as religion, ethnicity, and culture scholars, among others, bring a varied, multifaceted approach to the understanding of a people whose roots are all over the Americas and whose permanent home is north of the Rio Grande. Oxford Bibliographies in Latino Studies offers an authoritative, trustworthy, and up-to-date intellectual map to this ever-changing discipline."--Editorial page.




Latin American Thought


Book Description

Many of the philosophical questions raised in Latin America may seem to be among the perennial problems that have concerned philosophers at different times and in different places throughout the Western tradition, but they are not altogether the same--for Latin American thinkers have often adapted them to capture problems presented by new circumstances, and sought resolutions with arguments that are indeed novel. This book explains how well-established philosophical traditions gave rise in the New World to a characteristic form of thought not to be found in other cultures. There was no clean sweep of the past and an attempt to start over: rather, Latin American thinkers gradually adapted European ideas to their needs, sometimes borrowing on a larger scale, sometimes less. It is then no surprise that, under Iberian rule, Scholasticism became the accepted view and began to lose its grip only when the rulers did. But what does seem surprising is the radical way in which those traditions were on occasions challenged, as illustrated by the cases of José de Acosta, a Jesuit priest in Peru, and the Mexican nun, Juana Inés de la Cruz–each of whom spoke out against certain aspects of the official philosophy in colonial society. And when theories familiar elsewhere arrived to Latin America, as in the cases of positivism and Marxism, they were often seen differently in the light of new circumstances.But above all, this book shows that there is a body of interesting philosophical arguments offered by Latin Americans concerning problems that have arisen in Spanish- and Portuguese-speaking parts of the New World. In connection with this purpose, it examines how Latin Americans have thought about philosophical issues belonging to metaphysics, philosophy of science, cross-cultural psychology, feminist epistemology, ethics, and social and political philosophy. These are taken up in due course, paying special attention to questions of rationality, gender discrimination, justice, human rights, reparation for historically dispossessed native peoples, and relativism vs. universalism--all matters of continuing concern in Latin American thought, from its earliest stirrings to the present day. And among some specific issues that have generated heated controversies from the early twentieth century to the present, the book explores how Latin Americans and their descendants abroad think of their own cultural identity, examines their critique of US mass-culture and moral philosophy, and considers at some length the vexing problem of which name, if any, is the correct one to use to refer to all of this exceedingly diverse ethnic group. A closer look at the defining elements of Latin American identity has often led to questions concerning the characteristic features that might distinguish Latin Americans and their descendants abroad from other peoples of the world, the existence of a typically Latin American philosophy, and the correct name to refer to them. These, often conflated in the literature, are treated separately by the author, who favors a historically-based account of Latin-American identity. She also argues that the existence of a characteristically Latin American philosophy can be shown–though not by appealing to some standard but implausible reasons. And to resolve the question concerning a correct ethnic-group name, she proposes a new approach to the semantics of those names.




Philosophy of Liberation


Book Description

Argentinean philosopher, theologian, and historian Enrique Dussel understands the present international order as divided into the "culture of the center" -- by which he means the ruling elite of Europe, North America, and Russia -- and "the peoples of the periphery" -- by which he means the populations of Latin America, Africa, and part of Asia, and the oppressed classes (including women and children) throughout the world. In 'Philosophy of Liberation,' he presents a profound analysis of the alienation of peripheral peoples resulting from the imperialism of the center for more than five centuries. Dussel's aim is to demonstrate that the center's historic cultural, military, and economic domination of poor countries is 'philosophically' founded on North Atlantic onthology. By expressing supposedly universal knowledge, European philosophies, argues Dussel, have served to equate the cultural standards, modes of behavior, and rationalistic orientation of the West with human nature and to condemn the unique characteristics of peripheral peoples as "nonbeing, nothing, chaos, irrationality." Hence, Western philosophies have historically legitimated and hidden the domination that oppressed cultures have suffered at the hands of the center. Dussel probes multinational corporations, the communications media, and the armies of the center with their counterparts among the Third World elite. The creation of a just world order in the future, according to Dussel, hinges on the liberation of the periphery, based on a philosophy that is able to "think the world" from the perspective of the poor and to reclaim the Third World's distinct cultural inheritance, which is imbedded in the popular cultures of the poor. Apart from the liberation of the periphery, there will be no future: "the center will feed itself on the sameness it has ingrained within itself. The death of the child, of the poor, will be its own death." This is a disquieting but stimulating book for scholars and advanced students of philosophy, ethics, liberation theology, and global politics.