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9 - Binding Leviathan

Published online by Cambridge University Press:  07 September 2009

Daniel M. Brinks
Affiliation:
University of Texas, Austin
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Summary

Sir Thomas More: … What would you do? Cut a great road through the law to get after the Devil? William Roper: I'd cut down every law in England to do that! More: Oh! And when the last law was down, and the Devil turned on you – where would you hide, Roper, the laws all being flat! This country's planted thick with laws from coast to coast – man's laws, not God's – and if you cut them down … do you really think you could stand upright in the winds that would blow then?

Robert Bolt, A Man for All Seasons (1962)

In Latin America, states have often responded to the felt need to “cut a great road through the law to get after the Devil” of the hour. The last devil was communism; the new devil (one of them, anyway) is crime, and vulnerable citizens are once again left struggling to stand upright in the winds that blow when immediate results trump legal processes. From iron-handed law-and-order efforts like “super mano dura” criminal reform proposals in Central America, to illegal ones like extra-judicial executions, lynchings, and extermination groups, due process protections take a back seat to citizen security. When this happens, as the experience of victims of police violence makes clear, it is very difficult for courts alone to stand up to those winds, even if legal protections have not been formally abolished.

Type
Chapter
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The Judicial Response to Police Killings in Latin America
Inequality and the Rule of Law
, pp. 242 - 260
Publisher: Cambridge University Press
Print publication year: 2007

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  • Binding Leviathan
  • Daniel M. Brinks, University of Texas, Austin
  • Book: The Judicial Response to Police Killings in Latin America
  • Online publication: 07 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551130.010
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  • Binding Leviathan
  • Daniel M. Brinks, University of Texas, Austin
  • Book: The Judicial Response to Police Killings in Latin America
  • Online publication: 07 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551130.010
Available formats
×

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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Binding Leviathan
  • Daniel M. Brinks, University of Texas, Austin
  • Book: The Judicial Response to Police Killings in Latin America
  • Online publication: 07 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551130.010
Available formats
×