Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin America
Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done.
Linn Hammergren’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I’s overview of the reform movement’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.
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... the Knowledge Base for Judicial Reform Programs 241 8 Toward a New Strategic Model 271 9 A Political Agenda for Reforming the Reforms 306 References 321 Index 340 ACKNOWLEDGMENTS This book is the product of twenty years of Contents.
Although individual reforms often mix and match several objectives and activities, and a few appear in virtually every large program, a case can be made for the gradual emergence of a series of reforms or reform strategies.8 Each of ...
Their strategic framework demotes institution building (called capacity building) to a lower position. ... on the potential for incorporating these mechanisms in overall strategies, but this is as far as the literature has gone. 50.
In the next section, the five chapters address the origins and evolution of the strategies outlined above in the Latin American context. Two of the objectives, modernization. 61. One wonders, for example, when the mdbs will recognize ...
Following the courtroom tactic of anticipating obvious criticism, I will note that the five chapters on reform strategies may well overstate the strategic content of many reform interventions. The treatments represent ideal types, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010