This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.
Winner, Bryce Wood Book Award, Latin American Studies Association, 2015
Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.
Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.
This is the first book to challenge the "broken-windows" theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws.
The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of "law abiders" and "disorderly people" and of "order" and "disorder," which have no intrinsic reality, independent of the techniques of punishment that we implement in our society.
How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Much has been debated about the presence of undocumented workers along the South Texas border, but these debates often overlook the more complete dimension: the region’s longstanding, undocumented economies as a whole. Borderlands commerce that evades government scrutiny can be categorized into informal economies (the unreported exchange of legal goods and services) or underground economies (criminal economic activities that, obviously, occur without government oversight). Examining long-term study, observation, and participation in the border region, with the assistance of hundreds of locally embedded informants, The Informal and Underground Economy of the South Texas Border presents unique insights into the causes and ramifications of these economic channels.
The third volume in UT–Pan American’s Borderlife Project, this eye-opening investigation draws on vivid ethnographic interviews, bolstered by decades of supplemental data, to reveal a culture where divided loyalties, paired with a lack of access to protection under the law and other forms of state-sponsored recourse, have given rise to social spectra that often defy stereotypes. A cornerstone of the authors’ findings is that these economic activities increase when citizens perceive the state’s intervention as illegitimate, whether in the form of fees, taxes, or regulation. From living conditions in the impoverished colonias to President Felipe Calderón’s futile attempts to eradicate police corruption in Mexico, this book is a riveting portrait of benefit versus risk in the wake of a “no-man’s-land” legacy.
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