Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

This book analyzes Chilean judicial behavior before, during, and after authoritarian rule.

About the Author
Lisa Hilbink is a two-time Fulbright grantee to Chile and Spain. From 2000 to 2003, she was Post-Doctoral Fellow in the Princeton University Society of Fellows and Lecturer at the Woodrow Wilson School of Public and International Affairs. Her doctoral thesis, upon which this book is based, won the Best Dissertation Award for 1999/2000 from the Western Political Science Association. Dr Hilbink is a member of the American Political Science Association, the Law and Society Association, and the Latin American Studies Association. She is now Assistant Professor at the University of Minnesota, Twin Cities.

Reviews
Review of the hardback: '... thoughtful, engaging study ... Judges beyond Politics is a beautifully written, succinct and engaging book that should be read by those interested in Chilean political history as well as students of law and politics, comparative politics, and human rights.' Journal of Latin American Studies
Review of the hardback: '... the best available book on why Chile's judges have hitherto tended to facilitate and condone illiberal, antidemocratic, and anti-legal policies, and why these tendencies persist with respect to civil rights in general, beyond the Pinochet-era human rights cases.' Journal of Law and Society
Review of the hardback: 'Lisa Hilbink's new book, Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile, responds to one of the central questions of ... recent research: when will judges act to bolster democracy and individual rights and when will they act to bolster authoritarianism and impunity? She provides a compelling response to this question based on the Chilean case.' Journal of Politics



Book Information
ISBN 9780521876643
Author Lisa Hilbink
Format Hardback
Page Count 316
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 640g
Dimensions(mm) 233mm * 160mm * 25mm