Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile: Lawyers and judges in the (post)-transition

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter draws on literature about courts, constitutionalism, and legal mobilisation in and around authoritarian regimes. It adopts both the notion of the continuing importance of the constitutional ‘moment’, and the concept of legal mobilisation as one form of contestation and resistance, to explain and explore some of the particular meanings that law, lawyers, and legal activism acquired before, during and beyond the Chilean transition of 1990. Interpreting legal mobilisation against the backdrop of prevailing legal-cultural traditions, the chapter contends both that the authoritarian regime´s constitution-making moment of 1980 should be viewed as the foundational critical juncture of Chile’s past three decades; and that subsequent ‘rights talk’ in Chile has been hamstrung by its obeisance to conceptions of legality that hark back to this phase of the dictatorship.
LanguageEnglish
Title of host publicationComparing Transitions to Democracy
Subtitle of host publicationLaw and Justice in Brazil, South America, and Europe
EditorsCristiano Paixao, Massimo Meccarelli
PagesNA
Number of pages31
Publication statusAccepted/In press - 2019

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legitimation
lawyer
Chile
mobilization
narrative
constitution-making
regime
constitutionalism
legality
dictatorship
Law

Keywords

  • authoritarianism; legal culture; lawyers; judges; post-transition; Chile

Cite this

Collins, C. (Accepted/In press). Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile: Lawyers and judges in the (post)-transition. In C. Paixao, & M. Meccarelli (Eds.), Comparing Transitions to Democracy: Law and Justice in Brazil, South America, and Europe (pp. NA)
Collins, Cath. / Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile : Lawyers and judges in the (post)-transition. Comparing Transitions to Democracy: Law and Justice in Brazil, South America, and Europe. editor / Cristiano Paixao ; Massimo Meccarelli. 2019. pp. NA
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Collins, C 2019, Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile: Lawyers and judges in the (post)-transition. in C Paixao & M Meccarelli (eds), Comparing Transitions to Democracy: Law and Justice in Brazil, South America, and Europe. pp. NA.

Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile : Lawyers and judges in the (post)-transition. / Collins, Cath.

Comparing Transitions to Democracy: Law and Justice in Brazil, South America, and Europe. ed. / Cristiano Paixao; Massimo Meccarelli. 2019. p. NA.

Research output: Chapter in Book/Report/Conference proceedingChapter

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PY - 2019

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N2 - This chapter draws on literature about courts, constitutionalism, and legal mobilisation in and around authoritarian regimes. It adopts both the notion of the continuing importance of the constitutional ‘moment’, and the concept of legal mobilisation as one form of contestation and resistance, to explain and explore some of the particular meanings that law, lawyers, and legal activism acquired before, during and beyond the Chilean transition of 1990. Interpreting legal mobilisation against the backdrop of prevailing legal-cultural traditions, the chapter contends both that the authoritarian regime´s constitution-making moment of 1980 should be viewed as the foundational critical juncture of Chile’s past three decades; and that subsequent ‘rights talk’ in Chile has been hamstrung by its obeisance to conceptions of legality that hark back to this phase of the dictatorship.

AB - This chapter draws on literature about courts, constitutionalism, and legal mobilisation in and around authoritarian regimes. It adopts both the notion of the continuing importance of the constitutional ‘moment’, and the concept of legal mobilisation as one form of contestation and resistance, to explain and explore some of the particular meanings that law, lawyers, and legal activism acquired before, during and beyond the Chilean transition of 1990. Interpreting legal mobilisation against the backdrop of prevailing legal-cultural traditions, the chapter contends both that the authoritarian regime´s constitution-making moment of 1980 should be viewed as the foundational critical juncture of Chile’s past three decades; and that subsequent ‘rights talk’ in Chile has been hamstrung by its obeisance to conceptions of legality that hark back to this phase of the dictatorship.

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Collins C. Legitimation narratives, resistance, and legal cultures in authoritarian and post-authoritarian Chile: Lawyers and judges in the (post)-transition. In Paixao C, Meccarelli M, editors, Comparing Transitions to Democracy: Law and Justice in Brazil, South America, and Europe. 2019. p. NA