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 historic learn of legislation and felony phenomena within the quarter, Crime and Punishment in Latin the USA deals a suite of essays that take care of the a number of points of the connection among traditional humans and the legislation. construction on a number of methodological and theoretical trends—cultural heritage, subaltern stories, new political heritage, and others—the individuals percentage the conviction that legislations and criminal phenomena are the most important parts within the formation and functioning of contemporary 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 method, the quantity showcases a few hugely unique reviews on issues resembling the position of legislations in strategies of country 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 area of fight, the members to this volume—scholars from North and Latin the US who characterize the recent wave in criminal heritage that has emerged in contemporary years-- display that legislation not just produces and reformulates tradition, but additionally shapes and is formed by way of better strategies of political, social, fiscal, and cultural switch. moreover, they give necessary insights in regards to the ways that felony platforms and cultures in Latin the USA examine to these in England, Western Europe, and the United States.This quantity will attract students in Latin American experiences and to these drawn to the social, cultural, and comparative heritage of legislations and felony phenomena.
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Extra info for Crime and Punishment in Latin America: Law and Society Since Late Colonial Times
Prisons, reformatories, penal colonies and other such institutions continued the work of law in both a legal and illegal manner. They were the territory of extralegal coercion, unobserved internal bylaws, punishments not prescribed in the judicial sentence, and ‘‘customary orders’’ built by inmates, guards, and authorities alike. How did this system of practices relate to the hegemonic discourse about the law (equality and justice)? These institutions operated under principles of obedience to rules and classiﬁcation; hence, the premium was on di√erence, not equality.
4. It would be interesting to study the process by which each republic granted lawyers the exclusive right to represent litigants, thus banning (at least in theory) informal legal practitioners. This process was neither automatic nor swift, and its study may yield important elements for understanding several aspects of the process of state formation. See, for example, Román Alzamora, Curso de historia del derecho peruano (Lima: Imprenta del Estado, 1876); Alberto Brenes Cordoba, Historia del derecho (San José, Costa Rica: Tip.
Certainly, the enactment of civil codes in the second half of the nineteenth century put women in a situation of strict legal subordination vis-à-vis men. While married, they ceased to be treated as ‘‘capable persons’’ and acquired a legal condition similar to that of children. The same could be said with regard to the criminal codes that were enacted near the end of the nineteenth century. These statutes made women explicitly ‘‘irresponsible’’ for many crimes, because of their ‘‘naturally emotional’’ personality structure.