Crime and Punishment in Latin America: Law and Society Since by Ricardo D.Salvatore, Carlos Aguirre, Carlos Aguirre, Gilbert

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 sector, Crime and Punishment in Latin the USA deals a set of essays that care for the a number of features of the connection among traditional humans and the legislation. construction on various methodological and theoretical trends—cultural background, subaltern reports, new political historical past, and others—the individuals proportion the conviction that legislations and criminal phenomena are an important components within the formation and functioning of recent Latin American societies and, as such, have to be dropped at the leading edge of scholarly debates in regards to the region’s prior and present.While disassociating legislation from a strictly legalist technique, the quantity showcases a couple of hugely unique reports on themes comparable to the function of legislation 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 area of fight, the participants to this volume—scholars from North and Latin the US who symbolize the hot wave in criminal background that has emerged in contemporary years-- reveal that legislation not just produces and reformulates tradition, but in addition shapes and is formed by means of higher approaches of political, social, fiscal, and cultural swap. moreover, they provide helpful insights concerning the ways that felony structures and cultures in Latin the US evaluate to these in England, Western Europe, and the United States.This quantity will attract students in Latin American reports and to these attracted to the social, cultural, and comparative background of legislation and criminal phenomena.

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If anything, this perspective maintains, the law in Latin America has been the source of much more injustice than fairness, has been more often manipulated than revered, and has created—in some countries more than others—a scenario of legal fiction that conceals the injustices of the país real. Such a situation, furthermore, has a√ected not just interactions among individuals, but the relationship between them and the state, and has ultimately served as one of the bases for the weakness of the whole constitutional order.

What was the e√ect of this crucial reform in the legal system and procedures of the independent nations of Latin America? ∂π If the period of civil wars was dominated by military politics and strategies, was it also true that military law dominated the procedure and logic of the justice system? If not, how could judicial authorities attain the degree of independence and autonomy needed to enforce important statutes and regulations, against the interest of military authorities? Those who find in present-day Latin America that an independent judiciary still remains an elusive goal have reasons to doubt that such an entity existed in the past.

The consolidation of this trend also brought important fields of specialization. ∫ 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.

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