Lawfare : the criminalization of democratic politics in the global south / Raul Zaffaroni, Cristina Caamano and Valeria Vegh Weis.

Format:

Book

Author/Creator:

Zaffaroni, Eugenio Raúl, author.

Contributor:

Caamaño, Cristina, 1958- editor.

Vegh Weis, Valeria, editor.

Series:

Studies in Critical Social Sciences

Language:

English

Subjects (All):

Democratization.

Physical Description:

1 online resource (163 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill, [2023]

Summary:

"In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America. Indeed, more and more popular political leaders in the region end up imprisoned or persecuted, even while in power. Inacio Lula da Silva, former President of Brazil and author of the preface, is the quintaessential case of this worrying process. Despite the centrality of this juridical-political phenomenon in Latin America, it is hardly known to the Anglo-Saxon public. This book seeks to fill this gap. In an accessible style, the authors deconstruct the judicial language and the main problematics of lawfare, calling attention to the fact that it might end up demolishing the rule of law for the sake of fostering the most cruel forms of neoliberalism"-- Provided by publisher.

Contents:

Front Cover

Half Title

Series Information

Title Page

Copyright Page

Contents

Foreword to the Spanish Edition

Prologue

Acknowledgements

Notes on Contributors

Introduction to the English Version

Chapter 1 The Destruction of Criminal Law

1 The Tortuous Path of Criminal Law

2 The "Founding Fathers" of Good Criminal Law

3 The Positive Function of Criminal Law

4 Forgetting the "Founding Fathers"

5 The Dismemberment of Criminal Law

6 Conditions for the Creation of "Shameful Criminal Law:" The Great Swindle

7 Dismemberment, Decapitation and Recomposition of Criminal Law

8 The Current Conditions for the Construction of "Shameful" Criminal Law

9 The "Decapitated" Version of Today's "Shameful" Criminal Law

10 The Tendency of Dismembered "Shameful" Criminal Law to Sink to the Bottom

11 The Consequences of Lawfare's Dismemberment of Criminal Law

12 Weaknesses Attributable to Legislators, Jurists, and Judges Outside of "Lawfare"

13 "Lawfare" Crimes

14 Would it Not Be Prudent to Prevent "Lawfare"?

Chapter 2 The Destruction of Law of Criminal Procedure

1 The Impact of the Political Media Usage of Law of Criminal Procedure in Argentina

2 Jurisdiction and Due Process

3 The Difficult Road to Judicial Impartiality

4 The Informant

5 The Magical Realism of the Informant

6 The Systematic Violation of Constitutional Guarantees

7 Lies Instead of Proof

8 Wiretapping and Other Coercive Measures of Shameful Law of Criminal Procedure

9 Wiretapping

10 The Eavesdropping Continues

11 The Unconstitutional Interception of Communications

12 The (Ab)use of Pretrial Detention

13 On Delegitimization and Pretrial Detention

14 Violating the Rules of Pretrial Detention

15 Prison Punishments

Chapter 3 The Destruction of Criminology.

1 The Criminal Case as a Strategy of Governance

2 Governing through Crime

3 Critical Criminology and the Political-Media Use of the Criminal Justice System

4 How to Build a Good Case

5 The Law of the Criminal Act and the Law of the Criminal Perpetrator

6 The Role of the Judge

7 Corruption and Other Moral Panics

8 Preparing the Audience

9 The Importance of Media Criminology

10 Bots and Trolls: Influencer Criminology

11 The Corrupt Must Look Corrupt

12 Criminal Selectivity

13 Intersectionality

14 Punitivism and Lawfare: The "More Punishment" Trap and the Irreparable Damage of Punitivity

15 What to Do about Lawfare? Towards a Popular Precautionary Criminology

Chapter 4 Some Exemplary Lawfare Cases

1 A First Case of Wiretapping for "Shameful Law of Criminal Procedure"

2 Another Case of Eavesdropping: Santiago and Sergio Maldonado

3 The Imprisonment of Political Opponents: More on the "Irurzun Doctrine"

4 The Memorandum with Iran

5 The "Future Dollar" Case

First Afterword

Second Afterword

Index

Back Cover.

Notes:

Description based on print version record.

ISBN:

90-04-53515-2