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| DOI | 10.1111/JOLS.12451 | ||||
| Año | 2023 | ||||
| Tipo | artículo de investigación |
Citas Totales
Autores Afiliación Chile
Instituciones Chile
% Participación
Internacional
Autores
Afiliación Extranjera
Instituciones
Extranjeras
The ‘free enterprise’ system is a normative cornerstone of many Latin American political constitutions and a formative principle of neoliberal legality. However, the way in which this economic model shapes the legal field and conceptions of the rule of law remains understudied. Though lawyers, judges, and legal experts have played an important role in the legal buttressing of the free enterprise model, this article explores the shaping of neoliberal legality from the periphery of the juridical system. We argue that the rise of neoliberal legality in Latin America owes much to the legal imaginary crafted by business associations. In line with this, we examine the ‘norm entrepreneurship’ undertaken since the 1940s by an organization barely noted in mainstream histories of neoliberalism: the Inter-American Council for Commerce and Production (IACCP). Drawing on the concept of social constitutionalism and archival work, we investigate the IACCP's role in the struggle to give business activities social legitimacy and establish free enterprise as a socio-legal norm and a source of public law.
| Ord. | Autor | Género | Institución - País |
|---|---|---|---|
| 1 | Valenzuela, Ricardo | - |
Universidad Diego Portales - Chile
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| 2 | Cordero, Rodrigo | - |
Universidad Diego Portales - Chile
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| Agradecimiento |
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| In preparing this article, we have greatly benefitted from discussions with colleagues who participated in the seminar series on ‘Law and Capital’ (2020) and ‘Normative Futures’ (2022) that we organized at Universidad Diego Portales. We are especially grateful to Gunther Teubner, Poul Kjaer, Tomás Undurruga, Matías Guiloff, Nicolás M. Perrone, and the two anonymous reviewers for their insightful comments. We acknowledge the financial support provided for our research by the following grants: Fondecyt Regular N° 1200208 and Fondecyt Postdoctoral N° 3210042. An earlier version of the article was presented at the 2022 Global Meeting on Law and Society in Lisbon. Both authors contributed equally to the article. |
| In preparing this article, we have greatly benefitted from discussions with colleagues who participated in the seminar series on 'Law and Capital' (2020) and 'Normative Futures' (2022) that we organized at Universidad Diego Portales. We are especially grateful to Gunther Teubner, Poul Kjaer, Tomas Undurruga, Matias Guiloff, Nicolas M. Perrone, and the two anonymous reviewers for their insightful comments. We acknowledge the financial support provided for our research by the following grants: Fondecyt Regular No 1200208 and Fondecyt Postdoctoral No 3210042. An earlier version of the article was presented at the 2022 Global Meeting on Law and Society in Lisbon. Both authors contributed equally to the article. |