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1 - The Fiction of Legal Europeanness

Published online by Cambridge University Press:  31 October 2019

Jorge L. Esquirol
Jorge L. Esquirol
Affiliation:
Florida International University
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Summary

Latin America’s close nexus to European law remains relevant to this day. It is not simply an event in the past or the sum total of earlier legal transplants from Europe. It is a continuing operational idea within Latin American legal communities. It characterizes the still predominant legal consciousness that mainstream jurists promote. Lawyers and judges commonly cite European legal sources. Legal textbooks often survey the relevant laws in Europe first, before explaining national law on the subject. Legislative proposals frequently track European legal developments. And, legal scholars regularly draw on European doctrinal sources. Legal Europeanness represents, for most of the twentieth century, the dominant form of Latin American legal thought.

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Ruling the Law
Legitimacy and Failure in Latin American Legal Systems
 , pp. 26 - 57
Publisher: Cambridge University Press
Print publication year: 2019

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