This study describes a Latin American legal system which punishes only the poor and a democratic state which fails to control its own agents' arbitrary practices. The contributors argue that judicial reform cannot be seperated from human rights and that justice must be made available to the poor.

Few tasks are as crucial for the future of democracy in Latin America—and, indeed, in other underdeveloped areas of the world—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of "free riding," which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.

This book analyses patterns of collective action that emerged during Guatemala’s democratic transition between 1985 and 1996, focusing in particular on the role of indigenous actors in the political processes undergirding and shaping democratisation and the respective impact of the transition upon indigenous social movements. Comparatively little has been written about collective action in Guatemala within the discipline of political science, despite the mobilisation of a wide range of social movements in response to the brutal armed conflict; rather, literature has focused principally on the role of elite actors in democratisation. This study presents a fresh perspective, presenting an analysis of the political evolution of three social movements and their human rights platforms through the framework of social movement theory.

Drawing on social movement theory, this book presents a comprehensive analysis of the evolution of collective action during Guatemalaa (TM)s democratic transition (1985-1996) and the accompanying impact of social movements on democratisation, focusing on three indigenous peoplesa (TM) social movement organisations.

One of the pioneers of democratization studies presents the culmination of a lifetime's study in the form of a far-reaching and profound analysis of the relationship between the state and democracy.

There is a sprawling scholarship on violence, crime, and corrupt state rule; yet few have interpreted these challenges as transformative at the global scale and as a potential source of alternative, non-state, legitimacy. This volume challenges "Westphalian conservativism" in a provocative yet plausible manner, shedding light at the ubiquity and diversity of unfolding non-state agendas and at their effect on the imagined state community. Focusing on civil war parties, warlords, commercial providers of security, multinational companies and criminal organizations, the book directs attention to theoretical questions and policy challenges arising from non-state armed expansion. To accomplish this, the contributors present a range of case studies and comparisons within three thematic sections: the first takes stock of how, when, and in what measure state and state-system legitimacy are challenged by non-state violent or criminal activity; the second addresses the nature, effectiveness, and side-effects of different state-mandated reaction to non-state activities; and third focuses on the recombination of state and non-state actors contributing to processes of socio-political transformation. This volume provides a current analysis of different armed and violent actors encroaching on the state's monopoly of violence. It seeks to spark debate about global political change and will be of interest to students and scholars of global governance, global security, and international relations.

In an historically unprecedented way, democracy is now increasingly seen as a universal model of legitimate rule. This work addresses the key question: How can democracy be understood in theory and in practice?.

This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.