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Crime and the Administration of Justice in Buenos Aires, 1785-1853

Osvaldo Barreneche

Publication Year: 2006

Crime and the Administration of Justice in Buenos Aires, 1785–1853, analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the postcolonial penal system, from the installation of the second Audiencia (the superior justice tribunal in the viceroyalty of Río de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of interregional organization and codification began.

During this transitional period, basic features of the modern Argentine criminal justice system emerged. Osvaldo Barreneche studies these characteristics in detail: the institutional subordination of the judiciary; police interference and disruption in the relationships between the judiciary and civil society; the manipulation of the initial stages of the judicial process by senior police officers; and the use of institutionally malleable penal-legal procedures as a punitive system regardless of the judicially evaluated outcome of criminal cases.

Through analysis of criminal cases, Barreneche shows how different interpretations of liberalism, the changing roles of the new police and the military, and the institutionalization of education all contributed to the debate on penal reform during Argentina’s transition from colony to state. Only through understanding the historical development of legal and criminal procedures can contemporary social scientists come to grips with the struggle between democracy and authoritarianism in modern Argentina.

Published by: University of Nebraska Press

Contents

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pp. vii-

Tables

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pp. viii-

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Acknowledgments

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pp. ix-x

Many colleagues and friends have helped me through the different stages of this book. I am especially grateful to Carlos A. Mayo at the Universidad Nacional de La Plata who guided and supported me in the initial steps of this project...

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1. Introduction: Endless Transitions

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pp. 1-12

This book analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the republican penal system, from the installation...

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2. The Legal Architecture of Colonial Criminal Justice in Buenos Aires

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pp. 13-27

After the first criollo junta took control of Buenos Aires on May 25, 1810, deposing Spanish viceroy Baltasar Hidalgo de Cisneros, intense political turmoil indicated a rapid pattern of change in the former capital of theViceroyalty of the...

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3. The Administration of Criminal Justice in Buenos Aires, 1795-1810

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pp. 28-47

Buenos Aires grew in many ways during the eighteenth century. Increasing geopolitical significance and economic growth brought new inhabitants from other regions. The small town was no longer unattractive to Spanish bureaucrats...

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4. Changes and Continuities in Criminal Law after 1810

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pp. 48-68

A constitutional convention gathered in the city of Santa Fe a year after the fall of the Juan Manuel de Rosas regime in 1852. All the provinces but Buenos Aires, separated from the Argentine Confederation at that time,were represented. On...

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5. The Emergence of Republican Penal Discourse in Buenos Aires

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pp. 69-87

Institutions, laws, reglamentos, and such, derive from the circulation of ideas among other factors. Although many ideas did not find their way into laws in the Río de la Plata, their circulation certainly informed the debates that took...

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6. Administering Criminal Justice in Buenos Aires, 1810–1853

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pp. 88-113

This chapter analyzes the administration of criminal justice from 1810 on. It studies how magistrates and judicial officials performed their duties while colonial state forms, like penal justice, were adopting a republican platform...

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7. Conclusion: Past and Present of the Criminal Justice System in Argentina

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pp. 114-122

This study of the formative stage of the modern penal system in Argentina has conveyed the multiple and relevant aspects of the topic. The first chapters went back to Medieval Spain to see how these early legal texts contributed...

Notes

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pp. 123-155

Selected Bibliography

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pp. 157-171

Index

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pp. 173-179


E-ISBN-13: 9780803253865
E-ISBN-10: 0803253869

Page Count: 182
Publication Year: 2006