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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.
Political parties with activists are in decline due to various external shocks. Societal changes, like the emergence of new technologies of communication have diminished the role and number of activists, while party elites increasingly can make do without grassroots activists. However, recent scholarship concerning different democracies has shown how activism still matters for representation. This book contributes to this literature by analyzing the unique case of the Uruguayan Frente Amplio (FA), the only mass-organic, institutionalized leftist party in Latin America. Using thick description, systematic process tracing, and survey research, this case study highlights the value of an organization-centered approach for understanding parties' role in democracy. Within the FA, organizational rules grant activists a significant voice, which imbues activists' participation with a strong sense of efficacy. This book is an excellent resource for scholars and students of Latin America and comparative politics who are interested in political parties and the challenges confronting new democracies.
The FA, like every political party organization in a democratic context, has a tension between choosing policies and candidates that are closer to the preferences of the median voter versus those that are closer to members´ preferences. This chapter analyzes the role that the organizational structure exerts over the party in opposition and the party in government. The chapter presents observational evidence concerning the influence of the party on crucial policy issues and on the government’s decision-making. Also, it briefly details the process of ideological transformation of the FA. The chapter shows that the FA organizational structure limits the leaders’ and government’s room to maneuver. It limits party leaders´ incentives to moderate their positions because major decisions need to have the organization´s explicit support, or at least an absence of opposition. When the FA is in government, the party organization also constrains government action concerning substantive and crucial policy issues. The lesson from the analysis in this chapter is that the party´s organizational structure can present challenges for strategic adaptation but provides insurance against the risk of brand dilution.
This chapter uses process tracing to argue that organizations that grant voice and veto power to activists in the decision-making process avoid oligarchization of the party. The FA presents an opportunity to analyze how party organization per se affects the performance of political parties. The FA is a successful case of party building and reproduction that sheds light on the role organizational structure plays in reproducing activists. The process tracing systematically describes and explains the formation and reproduction of the party. It shows how the party´s first steps as a political organization established a reproduction mechanism with a lock-in effect that explains the persistence of the party’s activism.
The professionalization of politics and the disappearance of party organizations based on activists seems an inescapable trend. This chapter shows the relevance of organizational rules for explaining the reproduction of party activism. Using data from both an online survey of people differing in their levels of engagement with the FA and in-depth interviews with party activists, we show that those with relatively low levels of engagement – “adherents” – and activists differ in their willingness to cooperate with the party and in the amount of time they devote to party activities. Also, we find that reducing the perceived efficacy of political engagement strongly decreases activists’ self-reported willingness to engage with the party, while this reduction has no effect upon adherents. These findings suggest that the design of organizational rules that grant a political role to grassroots organizers can promote party activism.