By Ricardo D.Salvatore, Carlos Aguirre, Carlos Aguirre, Gilbert M.Joseph, Arlene Díaz, Juan ManuelPalacio, Luis A.González, Dain Borges, Kristin Ruggiero, Lila Caimari, Douglas Hay
Crowning a decade of cutting edge efforts within the ancient research of legislation and criminal phenomena within the quarter, Crime and Punishment in Latin the US bargains a suite of essays that care for the a number of elements of the connection among traditional humans and the legislations. development on various methodological and theoretical trends—cultural historical past, subaltern stories, new political heritage, and others—the participants proportion the conviction that legislations and felony phenomena are the most important components within the formation and functioning of recent Latin American societies and, as such, must be dropped at the vanguard of scholarly debates concerning the region’s previous and present.While disassociating legislations from a strictly legalist procedure, the amount showcases a few hugely unique reports on issues reminiscent of the function of legislations in procedures of nation formation and social and political clash, the resonance among criminal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating legislations as an ambiguous and malleable enviornment of fight, the individuals to this volume—scholars from North and Latin the United States who symbolize the hot wave in felony historical past that has emerged in contemporary years-- display that legislation not just produces and reformulates tradition, but additionally shapes and is formed by means of better techniques of political, social, monetary, and cultural switch. moreover, they give precious insights concerning the ways that criminal platforms and cultures in Latin the US examine to these in England, Western Europe, and the United States.This quantity will attract students in Latin American reports and to these drawn to the social, cultural, and comparative historical past of legislation and felony phenomena.
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Additional resources for Crime and Punishment in Latin America: Law and Society Since Late Colonial Times
Spanish penologist Luis Jiménez de Asúa, for example, contributed greatly to developing this ﬁeld in several Spanish American republics. Among his numerous books, see especially La legislación penal y la práctica penitenciaria en Suramérica (Valladolid: Talleres Tipográﬁcos ‘‘Cuesta,’’ 1924). See also Miguel Macedo, Apuntes para la historia del derecho penal mexicano (México: Editorial Cultura, 1931). Atilio Sivirichi, Derecho indígena peruano (Lima: Ediciones Kuntur, 1946). See, for example, José Antonio Encinas, Contribución a una legislación tutelar indígena (Lima: C.
The e√ort of compilation and systematization was almost always accompanied by proposals to enact speciﬁc reforms favoring indigenous populations. Ω A parallel but somehow distinctive trend was developed since the early 1900s in both Spain and Spanish America: the history of derecho indiano, that is, the body of legislation that governed the Spanish American colonies until the early nineteenth century. ∞≠ Historians took on the task of reviewing, summarizing, and ordering the rather immense Spanish legislative e√ort in the so-called Indies.
We should also recall that the actual operation of a given legal system is never circumscribed to a straightforward execution of the legal norm, nor is it limited to the face-to-face encounter of litigants, judges, and lawyers. In the ﬁrst case, it is important to analyze the myriad ways in which the written law is interpreted, argued, and used, as well as the rhetorical and even theatrical tactics used by the many actors involved. ’’ Although a shortage of sources may hinder the historian’s e√orts to deconstruct these strategies, a more creative and subtle reading of archival records may yield interesting observations.