Rule of Law and Lawyers in Latin America

• Author: Rogelio Pérez-Perdomo
• Published date: 01 January 2006
• Date: 01 January 2006
• DOI: 10.1177/0002716205283132
• Subject Matter: Articles

10.1177/0002716205283132 January603THE ANNALS OF THE AMERICAN ACADEMYRULE OF LAW AND LAWYERS IN LATIN AMERICA

From the nineteenth century onward, lawyers have

been the leading members of Latin American political

elites. Nevertheless, Latin American countries have

been plagued with caudillos and dictators, and lawyers

have been these strongmen’s collaborators. The article

explains the dissonance between the constitutionalism

and legalism taught at the universities and the sordid

political practices that resulted from the lack of inde-

pendence of the legal profession: there was not a market

for lawyers’ services, so lawyers depended on those who

controlled the political apparatus. The situation started

changing in the late twentieth century. During this re-

cent period, lawyers and judges have shown more in-

dependence and have become active political players,

using the law as an instrument for opposing arbitrary

political practices. The new trend is explained not only

by the increased awareness of the rule of law values but

also by the existence of a market for legal services.

Keywords: lawyers’ political roles; Latin American

politics

Nowadays we tend to associate rule of law

with notions of liberty and democracy. The

linkage with liberty comes from the limits that

are imposed on public officials. The state is per-

ceived as the most influential apparatus of

power, which is why the restrictions imposed on

the role of public officials and the protection of

citizens’ rights are perceived as a guarantee of

liberty.It is also believed that the rule of law pro-

tects the electoral system and ensures the rights

of minorities. In this sense, the rule of law is per-

ceived as a political value.

ANNALS, AAPSS, 603, January 2006 179

Rogelio Pérez-Perdomo is dean of the Facultad de

Estudios Jurídicos y Políticos, Universidad Metropoli-

tana, Caracas, Venezuela.He has served as the academic

director of the Stanford Program for International Legal

Studies (California) and of the International Institute

for the Sociology of Law (Onati, Spain). He has pub-

lished in the fields of history and sociology of law. His

most recent book is Latin American Lawyers: A Histori-

cal Introduction (Stanford University Press, 2006).

NOTE: I thank Richard Schwartz for the invitation to

write this article and Manuel Gómez for his assistance in

the research and editing.

DOI: 10.1177/0002716205283132

Rule of Law

and Lawyers in

Latin America

By

ROGELIO

PÉREZ-PERDOMO