The Mexican Legal System

The Mexican Legal System
Author: Francisc Avalos
Publisher: Bloomsbury Publishing USA
Total Pages: 272
Release: 1992-05-26
Genre: Law
ISBN: 0313065802

This reference guide to the laws and legal literature of Mexico has been designed carefully by a reference librarian for researchers who do not read or speak Spanish. This basic sourcebook provides answers to the questions that are asked most frequently: Which is the relevant code? Where can the text of the code be found? What secondary material is available? Which material is available in English? This up-to-date guide should be useful as a reference in college, university, law, government, and public libraries and in companies that do business with Mexico. It could also be used in courses dealing with Mexican law and business. An introduction briefly describes Mexico's legal system and provides some historical background. Then the bibliography points to primary and secondary material of importance and is annotated partially. Entries are organized under forty-one subject categories with subdivisions pointing to the laws, the sources for the text of the laws, secondary materials from periodicals, and books and monographs. All Spanish titles are given first in Spanish and then in English. An appendix gives a directory of publishers. Author and subject indexes are included.

Matters of Justice

Matters of Justice
Author: Helga Baitenmann
Publisher: U of Nebraska Press
Total Pages: 343
Release: 2020-05-01
Genre: History
ISBN: 1496220021

After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.

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Publisher: Bib. Orton IICA / CATIE
Total Pages: 722
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Law and Market Society in Mexico

Law and Market Society in Mexico
Author: George M. Armstrong
Publisher: Praeger
Total Pages: 184
Release: 1989-01-19
Genre: Business & Economics
ISBN:

A new theory to explain the problems Mexico has had in developing a viable market economy is presented in this innovative book. The theory bases the difficulties not on the current popular view of dependency, domestic response to foreign influence, but on Mexican culture and traditions. Armstrong traces patterns of Mexican history and lawmaking from the time of the Spanish conquistadores through the present. He demonstrates that the country has never developed a materialistic culture of egoism and autonomy, necessary in a market economy, but instead reinforces communitarian paternalism. The ideologies imported by the intellegensia (such as nineteenth century liberalism and twentieth century socialism) are shown to have had little impact on Mexico because the implicit premises of these philosophies have been incompatible with social conditions and aspirations in that nation. Armstrong argues that the blend of Spanish and traditional Indian cultures which focus on communitarian and paternalistic attitudes have constricted entrepreneurship, innovation, and commerce. Law and Market Society in Mexico begins in New Spain. The author explores the patterns of land tenure by the conquistadores and collective ownership among the Indians. Both the land and labor in Mexico were generally not articles of commerce, with systems such as mortmain, entail, and debt peonage in place. Current government stewardship is seen as far more intense than the level of regulation the United States has been accustomed to. This perceptive work is ideal for courses on Latin American studies, politics, and history.

Judicial Review in Mexico

Judicial Review in Mexico
Author: Richard D. Baker
Publisher: University of Texas Press
Total Pages: 319
Release: 2015-01-15
Genre: Political Science
ISBN: 1477305653

The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution. Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate. The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America. The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies. Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.

The Princes of Naranja

The Princes of Naranja
Author: Paul Friedrich
Publisher: University of Texas Press
Total Pages: 326
Release: 2014-02-19
Genre: Social Science
ISBN: 0292762542

In this groundbreaking study, Paul Friedrich looks closely at the strong men of the Tarascan Indian village of Naranja: their leadership, friendship, kinship, and violent local politics (over a time depth of one generation), and ways to understand such phenomena. What emerges is an acutely observed portrait of the men who form the very basis of the grass-roots power structure in Mexico today. Of interest to historians, sociologists, and political scientists, as well as Latin Americanists and anthropologists, The Princes of Naranja is a sequel to Friedrich's now classic Agrarian Revolt in a Mexican Village. It begins with biographical character studies of seven leaders—peasant gunmen, judges, politicos; here the book will grip the reader and provoke strong emotional response, from laughter to horror. A middle section places these "princes" in relation to each other, and to the contexts of village society and the larger entities of which it forms a part. Friedrich's synthesis of anthropology, local (mainly oral) history, macrohistory, microsociology, psychology, and literature gives new insight into the structure of Mexican politics from the local level up, and provides a model for other scholars doing analogous work in other parts of the world, especially in the developing world. The concluding section raises vital questions about the dynamic relations between the fieldworker, fieldwork, field notes, the villagers, the writing of a fieldwork-based book, and, implicitly, the audience for such books.

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Publisher: Editorial Ink
Total Pages: 544
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