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  • List of Tables and Figures

    Preface / Gilbert M. Joseph


    Introduction: Writing the History of Law, Crime, and Punishment in Latin America / Carlos Aguirre and Ricardo D. Salvatore

    Part I. Legal Mediations: State, Society, and the Conflictive Nature of Law and Justice

    Crime in the Time of the Great Fear: Indians and the State in the Peruvian Southern Andes, 1780-1820 / Charles F. Walker

    Women, Order, and Progress in Guzmán Blanco’s Venezuela, 1870–1888 / Arlene J. Díaz

    Judges, Lawyers, and Farmers: Uses of Justice and the Circulation of Law in Rural Buenos Aires, 1900–1940 / Juan Manuel R. Palacio

    Work, Property, and the Negotiation of Rights in the Brazilian Cane Fields: Campos, Rio de Janeiro, 1930–1950 / Luis A. González

    Part II. The Social and Cultural Construction of Crime

    The Criminalizaton of the Syphilitic Body: Prostitutes, Health Crimes, and Society in Mexico City, 1867–1930 / Christina Rivera-Garza

    Healing and Mischief: Witchcraft in Brazilian Law and Literature, 1890–1922 / Dain Borges

    Passion, Perversity, and the Pace of Justice in Argentina at the Turn of the Last Century / Kristin Ruggiero

    Cuidado con los Rateros: The Making of Criminals in Modern Mexico City / Pablo Piccato

    Part III / Contested Meanings of Punishment

    The Penalties of Freedom: Punishment in Post-emancipation Jamaica / Diana Paton

    Death and Liberalism: Capital Punishment after the Fall of Rosas / Ricardo D. Salvatore

    Disputed Views of Incarceration in Lima, 1890–1930: The Prisoners’ Agena for Prison Reform / Carlos Aguirre

    Girls in Prison: The Role of the Buenos Aires Casa Correccional de Mujeres as an Institution for Child Rescue, 1890–1940 / Donna J. Guy

    Remembering Freedom: Life as Seen From the Prison Cell (Buenos Aires Province, 1930–1950) / Lila M. Caimari

    Afterword: Law and Society in Comparative Perspective / Douglas Hay



  • Gilbert M. Joseph

    Carlos Aguirre

    Charles F. Walker

    Arlene Díaz

    Juan Manuel Palacio

    Luis A. González

    Cristina Rivera-Garza

    Dain Borges

    Kristin Ruggiero

    Pablo Piccato

    Diana Paton

    Donna J. Guy

    Lila Caimari

    Douglas Hay

    Ricardo D. Salvatore

  • “This collection makes clear, through well-researched case studies and specific examples, that the law and legal institutions have had a more important role in maintaining the social order and the regulation of contention in Latin American history than previously revealed. As such, it will have a crucial impact on this and other fields.”——Thomas H. Holloway, University of California, Davis — N/A

    “This volume marks a breakthrough in the historical study of criminality, social deviance, punishment, and legal systems in Latin America. The contributions are empirically deep, interestingly theorized, and brought together by a very sophisticated introductory essay. The essays immerse us in such vital themes as modernization and the law, the medicalization of crime and deviance, and the modes by which ordinary people faced the state and its institutions—in the broad issue of legal culture, in other words.”—Eric Van Young, University of California, San Diego — N/A

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  • Description

    Crowning a decade of innovative efforts in the historical study of law and legal phenomena in the region, Crime and Punishment in Latin America offers a collection of essays that deal with the multiple aspects of the relationship between ordinary people and the law. Building on a variety of methodological and theoretical trends—cultural history, subaltern studies, new political history, and others—the contributors share the conviction that law and legal phenomena are crucial elements in the formation and functioning of modern Latin American societies and, as such, need to be brought to the forefront of scholarly debates about the region’s past and present.
    While disassociating law from a strictly legalist approach, the volume showcases a number of highly original studies on topics such as the role of law in processes of state formation and social and political conflict, the resonance between legal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating law as an ambiguous and malleable arena of struggle, the contributors to this volume—scholars from North and Latin America who represent the new wave in legal history that has emerged in recent years-- demonstrate that law not only produces and reformulates culture, but also shapes and is shaped by larger processes of political, social, economic, and cultural change. In addition, they offer valuable insights about the ways in which legal systems and cultures in Latin America compare to those in England, Western Europe, and the United States.
    This volume will appeal to scholars in Latin American studies and to those interested in the social, cultural, and comparative history of law and legal phenomena.

    Contributors. Carlos Aguirre, Dain Borges, Lila Caimari, Arlene J. Díaz, Luis A. Gonzalez, Donna J. Guy, Douglas Hay, Gilbert M. Joseph, Juan Manuel Palacio, Diana Paton, Pablo Piccato, Cristina Rivera Garza, Kristin Ruggiero, Ricardo D. Salvatore, Charles F. Walker

    About The Author(s)

    Ricardo D. Salvatore is Professor of Modern History at the Universidad Torcuato di Tella in Buenos Aires, Argentina.

    Carlos Aguirre is Assistant Professor of History at the University of Oregon.

    Gilbert M. Joseph is Farnam Professor of History and Director of Latin American and Iberian Studies at Yale University.

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