Daniel M Brinks
Dados Biográficos
| ID | 1466548 |
|---|---|
| NOME | Daniel M Brinks |
| PRENOMES | Daniel M |
| SOBRENOME | Brinks |
| ASSINATURA | BRINKS D M |
| AFILIAÇÕES | The University of Texas at Austin |
| ORCID | 0000-0003-1722-4708 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 19 |
| TOTAL DE CITAÇÕES | 366 |
| OBRAS COMO AUTOR | 17 |
| OBRAS COMO EDITOR | 2 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1987 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 6 |
Legalization, Judicialization, Lawfare
The turn to law in recent decades has generated multiple debates about its potential consequences. Some authors have emphasized its positive effects—the “light side”—whereas others have highlighted its negative effects—the “dark side.” In many cases, the decision to classify phenomena related to the turn to law on one side or the other has been driven more by the purely normative criteria of the authors than by systematic empirical distinctions. …
Lateinamerika / Latin America
The Politics of Institutional Weakness in Latin America
Analysts and policymakers often decry the failure of institutions to accomplish their stated purpose. Bringing together leading scholars of Latin American politics, this volume helps us understand why. The volume offers a conceptual and theoretical framework for studying weak institutions. It introduces different dimensions of institutional weakness and explores the origins and consequences of that weakness. Drawing on recent research on constitu…
Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America
In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system – the very system to which so many well-meaning programmes promise access – is, for these groups and their members, often partial justice at best. Effor…
Understanding Institutional Weakness
This Element introduces the concept of institutional weakness, arguing that weakness or strength is a function of the extent to which an institution actually matters to social, economic or political outcomes. It then presents a typology of three forms of institutional weakness: insignificance, in which rules are complied with but do not affect the way actors behave; non-compliance, in which state elites either choose not to enforce the rules or f…
Response to Javier Corrales’s review of The DNA of Constitutional Justice in Latin America
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Social Rights Constitutionalism
The increasing importance of social rights language in constitutional texts and in the politics of social provision and human security has triggered a voluminous academic literature. Despite its global origins, we argue, social rights language goes through a process of vernacularization, through which it transforms and is transformed by local politics. The process begins when particular rights are included in constitutional texts and continues wh…
Law and Development of Middle-Income Countries
In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and dev…
The Law’s Majestic Equality? The Distributive Impact of Judicializing Social and Economic Rights
While many find cause for optimism about the use of law and rights for progressive ends, the academic literature has long been skeptical that courts favor the poor. We show that, with the move toward a robust “new constitutionalism” of social and economic rights, the assumptions underlying the skepticism do not always hold. Our theories must account for variation in the elite bias of law and litigation. In particular, we need to pay closer attent…
Human Rights as Demands for Communicative Action
A key issue with human rights is how to \n allocate duties correlative to rights claims. But the \n philosophical literature, drawing largely on naturalistic or \n interactional accounts of human rights, develops answers to \n this question that do not illuminate actual human rights \n problems. Charles Beitz, in recent work, attempts to develop \n a conception of human rights more firmly rooted in, and \n helpful for, current practice. While a m…
The Transformation of the Latin American State-as-Law
this paper was first presented at the conference on "stateness" in Latin america in the 21st century: conceptual challenges, santiago, chile, march 29-30, 2012.i am grateful to the participants in that conference for their input and comments, and for the opportunity to think through these issues in the context of very stimulating discussions.i am also grateful to an anonymous reviewer for helpful suggestions.this article is part of the millenium …
Courting Social Justice
This book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning…
Why Regions of the World Are Important
For decades, the subfield of comparative politics has primarily been organized around regions of the world. The job market is still structured primarily around regions, although less so today than was the case in the 1970s or 1980s. About 70 percent of the articles published in the top three comparative journals over the last fifteen years have dealt exclusively with one geographic region (Munck and Snyder 2007a: 14).1 Some respected political sc…
The Judicial Response to Police Killings in Latin America
This book documents the corrosive effect of social exclusion on democracy and the rule of law. It shows how marginalization prevents citizens from effectively engaging even the best legal systems, how politics creeps into prosecutorial and judicial decision making, and how institutional change is often nullified by enduring contextual factors. It also shows how some institutional arrangements can overcome these impediments. The argument is based …
Diffusion Is No Illusion
This article develops and tests a specific model of the role of diffusion as a determinant of the magnitude and direction of regime change, using a database covering the world from 1972 to 1996. The authors find that countries tend to change their regimes to match the average degree of democracy or nondemocracy found among their contiguous neighbors and that countries in the U.S. sphere of influence tended to become more democratic in the period …
Informal Institutions and the Rule of Law
While its very persistence in the face of multifaceted crises is no small achievement, Latin American democracy in the last two decades has been criticized as incomplete, unconsolidated, and lacking in the rule of law.1 The region's legal systems have played a large part in this disillusionment for condoning corruption, favoritism, and the continuation of repression. O'Donnell captures this failure of universalistic democratic citizenship with hi…
Classifying Political Regimes in Latin
Classificando Regimes Políticos na América Latina, 1945-1999
O segundo fundamento de nossa análise são as regras explícitas de codificação e agregação para a classificação de regimes.Sem essas regras, fica difícil para outros compreender os procedimentos usados e a própria classificação fica vulnerável a problemas de confiabilidade.A classificação que construímos se baseia, primeiramente, na desagregação do conceito de democracia a partir dos quatro critérios acima discutidos e na sua posterior reagregação…
Sanctuary
Diffusion Is No Illusion
This article develops and tests a specific model of the role of diffusion as a determinant of the magnitude and direction of regime change, using a database covering the world from 1972 to 1996. The authors find that countries tend to change their regimes to match the average degree of democracy or nondemocracy found among their contiguous neighbors and that countries in the U.S. sphere of influence tended to become more democratic in the period …
Classifying Political Regimes in Latin
Informal Institutions and the Rule of Law
While its very persistence in the face of multifaceted crises is no small achievement, Latin American democracy in the last two decades has been criticized as incomplete, unconsolidated, and lacking in the rule of law.1 The region's legal systems have played a large part in this disillusionment for condoning corruption, favoritism, and the continuation of repression. O'Donnell captures this failure of universalistic democratic citizenship with hi…
The Law’s Majestic Equality? The Distributive Impact of Judicializing Social and Economic Rights
While many find cause for optimism about the use of law and rights for progressive ends, the academic literature has long been skeptical that courts favor the poor. We show that, with the move toward a robust “new constitutionalism” of social and economic rights, the assumptions underlying the skepticism do not always hold. Our theories must account for variation in the elite bias of law and litigation. In particular, we need to pay closer attent…
Classificando Regimes Políticos na América Latina, 1945-1999
O segundo fundamento de nossa análise são as regras explícitas de codificação e agregação para a classificação de regimes.Sem essas regras, fica difícil para outros compreender os procedimentos usados e a própria classificação fica vulnerável a problemas de confiabilidade.A classificação que construímos se baseia, primeiramente, na desagregação do conceito de democracia a partir dos quatro critérios acima discutidos e na sua posterior reagregação…
Sanctuary
Social Rights Constitutionalism
The increasing importance of social rights language in constitutional texts and in the politics of social provision and human security has triggered a voluminous academic literature. Despite its global origins, we argue, social rights language goes through a process of vernacularization, through which it transforms and is transformed by local politics. The process begins when particular rights are included in constitutional texts and continues wh…
The Transformation of the Latin American State-as-Law
this paper was first presented at the conference on "stateness" in Latin america in the 21st century: conceptual challenges, santiago, chile, march 29-30, 2012.i am grateful to the participants in that conference for their input and comments, and for the opportunity to think through these issues in the context of very stimulating discussions.i am also grateful to an anonymous reviewer for helpful suggestions.this article is part of the millenium …
Human Rights as Demands for Communicative Action
A key issue with human rights is how to \n allocate duties correlative to rights claims. But the \n philosophical literature, drawing largely on naturalistic or \n interactional accounts of human rights, develops answers to \n this question that do not illuminate actual human rights \n problems. Charles Beitz, in recent work, attempts to develop \n a conception of human rights more firmly rooted in, and \n helpful for, current practice. While a m…
Sanctuary
Classifying Political Regimes in Latin
Classificando Regimes Políticos na América Latina, 1945-1999
O segundo fundamento de nossa análise são as regras explícitas de codificação e agregação para a classificação de regimes.Sem essas regras, fica difícil para outros compreender os procedimentos usados e a própria classificação fica vulnerável a problemas de confiabilidade.A classificação que construímos se baseia, primeiramente, na desagregação do conceito de democracia a partir dos quatro critérios acima discutidos e na sua posterior reagregação…
Informal Institutions and the Rule of Law
While its very persistence in the face of multifaceted crises is no small achievement, Latin American democracy in the last two decades has been criticized as incomplete, unconsolidated, and lacking in the rule of law.1 The region's legal systems have played a large part in this disillusionment for condoning corruption, favoritism, and the continuation of repression. O'Donnell captures this failure of universalistic democratic citizenship with hi…
Diffusion Is No Illusion
This article develops and tests a specific model of the role of diffusion as a determinant of the magnitude and direction of regime change, using a database covering the world from 1972 to 1996. The authors find that countries tend to change their regimes to match the average degree of democracy or nondemocracy found among their contiguous neighbors and that countries in the U.S. sphere of influence tended to become more democratic in the period …
Why Regions of the World Are Important
For decades, the subfield of comparative politics has primarily been organized around regions of the world. The job market is still structured primarily around regions, although less so today than was the case in the 1970s or 1980s. About 70 percent of the articles published in the top three comparative journals over the last fifteen years have dealt exclusively with one geographic region (Munck and Snyder 2007a: 14).1 Some respected political sc…
The Judicial Response to Police Killings in Latin America
This book documents the corrosive effect of social exclusion on democracy and the rule of law. It shows how marginalization prevents citizens from effectively engaging even the best legal systems, how politics creeps into prosecutorial and judicial decision making, and how institutional change is often nullified by enduring contextual factors. It also shows how some institutional arrangements can overcome these impediments. The argument is based …
Courting Social Justice
This book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning…
Human Rights as Demands for Communicative Action
A key issue with human rights is how to \n allocate duties correlative to rights claims. But the \n philosophical literature, drawing largely on naturalistic or \n interactional accounts of human rights, develops answers to \n this question that do not illuminate actual human rights \n problems. Charles Beitz, in recent work, attempts to develop \n a conception of human rights more firmly rooted in, and \n helpful for, current practice. While a m…
The Transformation of the Latin American State-as-Law
this paper was first presented at the conference on "stateness" in Latin america in the 21st century: conceptual challenges, santiago, chile, march 29-30, 2012.i am grateful to the participants in that conference for their input and comments, and for the opportunity to think through these issues in the context of very stimulating discussions.i am also grateful to an anonymous reviewer for helpful suggestions.this article is part of the millenium …
Law and Development of Middle-Income Countries
In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and dev…
The Law’s Majestic Equality? The Distributive Impact of Judicializing Social and Economic Rights
While many find cause for optimism about the use of law and rights for progressive ends, the academic literature has long been skeptical that courts favor the poor. We show that, with the move toward a robust “new constitutionalism” of social and economic rights, the assumptions underlying the skepticism do not always hold. Our theories must account for variation in the elite bias of law and litigation. In particular, we need to pay closer attent…
Social Rights Constitutionalism
The increasing importance of social rights language in constitutional texts and in the politics of social provision and human security has triggered a voluminous academic literature. Despite its global origins, we argue, social rights language goes through a process of vernacularization, through which it transforms and is transformed by local politics. The process begins when particular rights are included in constitutional texts and continues wh…
Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America
In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system – the very system to which so many well-meaning programmes promise access – is, for these groups and their members, often partial justice at best. Effor…
Understanding Institutional Weakness
This Element introduces the concept of institutional weakness, arguing that weakness or strength is a function of the extent to which an institution actually matters to social, economic or political outcomes. It then presents a typology of three forms of institutional weakness: insignificance, in which rules are complied with but do not affect the way actors behave; non-compliance, in which state elites either choose not to enforce the rules or f…
Response to Javier Corrales’s review of The DNA of Constitutional Justice in Latin America
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Politics of Institutional Weakness in Latin America
Analysts and policymakers often decry the failure of institutions to accomplish their stated purpose. Bringing together leading scholars of Latin American politics, this volume helps us understand why. The volume offers a conceptual and theoretical framework for studying weak institutions. It introduces different dimensions of institutional weakness and explores the origins and consequences of that weakness. Drawing on recent research on constitu…
Lateinamerika / Latin America
Legalization, Judicialization, Lawfare
The turn to law in recent decades has generated multiple debates about its potential consequences. Some authors have emphasized its positive effects—the “light side”—whereas others have highlighted its negative effects—the “dark side.” In many cases, the decision to classify phenomena related to the turn to law on one side or the other has been driven more by the purely normative criteria of the authors than by systematic empirical distinctions. …
Law (19 obras) · Political science (19 obras) · Politics (13 obras) · Law (12 obras) · Sociology (10 obras) · Judicial and Constitutional Studies (9 obras) · Democracy (7 obras) · Economics (7 obras) · Latin Americans (7 obras) · Law and economics (6 obras)