Criminal Justice In Eighteenth Century Mexico

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

A study of a wide range of crimes and ways the elites of late colonial Mexico City tried to control and punish lawbreakers.

Gamboa's World examines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico. Of Basque descent, Gamboa rose from an impoverished childhood in Guadalajara to the top of the judicial hierarchy in New Spain. He practiced law in Mexico City in the 1740s, represented Mexican merchants in Madrid in the late 1750s, published an authoritative commentary on mining law in 1761, and served for three decades as an Audiencia magistrate. In 1788 he became the first locally born regent, or chief justice, of the High Court of New Spain. In this important work, Christopher Albi shows how Gamboa's forgotten career path illuminates the evolution of colonial legal culture and how his arguments about law and justice remain relevant today as Mexico debates how to strengthen the rule of law.

This classic history of the Mexican hacienda from the colonial period through the nineteenth century has been reissued in a silver anniversary edition complete with a substantive new introduction and foreword. Eric Van Young explores 150 years of Mexico's economic and rural development, a period when one of history's great empires was trying to extract more resources from its most important colony, and when an arguably capitalist economy was both expanding and taking deeper root. The author explains the development of a regional agrarian system, centered on the landed estates of late colonial Mexico, the central economic and social institution of an overwhelmingly rural society. With rich empirical detail, he meticulously describes the features of the rural economy, including patterns of land ownership, credit and investment, labor relations, the structure of production, and the relationship of a major colonial city to its surrounding area. The book's most interesting and innovative element is its emphasis on the way the system of rural economy shaped, and was shaped by, the internal logic of a great spatial system, the region of Guadalajara. Van Young argues that Guadalajara's population growth progressively integrated the large geographical region surrounding the city through the mechanisms of the urban market for grain and meat, which in turn put pressure on local land and labor resources. Eventually this drove white and Indian landowners into increasingly sharp conflict and led to the progressive proletarianization of the region's peasantry during the last decades of the Spanish colonial era. It is no accident, given this history, that the Guadalajara region was one of the major areas of armed insurrection for most of the decade during Mexico's struggle for independence from Spain. By highlighting the way haciendas worked and changed over time, this indispensable study illuminates Mexico's economic and social history, the movement for independence, and the origins of the Mexican Revolution.

Criminal and Citizen in Modern Mexico explores elite notions of crime and criminality from the late eighteenth to the early twentieth century. In Mexico these notions represented contested areas of the social terrain, places where generalized ideas about criminality transcended the individual criminal act to intersect with larger issues of class, race, gender, and sexuality. It was at this intersection that modern Mexican society bared its soul. Attitudes toward race amalgamation and indios, lower-class lifestyles and läperos, women and sexual deviance, all influenced perceptions of criminality and ultimately determined the fundamental issue of citizenship: who belonged and who did not. The liberal discourse of toleration and human rights, the positivist discourse of order and progress, the revolutionary discourse of social justice and integration sought in turn to disguise the exclusions of modern Mexican society behind a veil of criminality?to proscribe as criminal those activities that criminologists, penologists, and anthropologists clearly linked to marginalized social groups. This book attempts to lift that veil and to gaze, like Josä Guadalupe Posada, at the grinning calavera that it shields.

The term cacica was a Spanish linguistic invention, the female counterpart to caciques, the Arawak word for male indigenous leaders in Spanish America. But the term’s meaning was adapted and manipulated by natives, creating a new social stratum where it previously may not have existed. This book explores that transformation, a conscious construction and reshaping of identity from within. Cacicas feature far and wide in the history of Spanish America, as female governors and tribute collectors and as relatives of ruling caciques—or their destitute widows. They played a crucial role in the establishment and success of Spanish rule, but were also instrumental in colonial natives’ resistance and self-definition. In this volume, noted scholars uncover the history of colonial cacicas, moving beyond anecdotes of individuals in Spanish America. Their work focuses on the evolution of indigenous leadership, particularly the lineage and succession of these positions in different regions, through the lens of native women’s political activism. Such activism might mean the intervention of cacicas in the economic, familial, and religious realms or their participation in official and unofficial matters of governance. The authors explore the role of such personal authority and political influence across a broad geographic, chronological, and thematic range—in patterns of succession, the settling of frontier regions, interethnic relations and the importance of purity of blood, gender and family dynamics, legal and marital strategies for defending communities, and the continuation of indigenous governance. This volume showcases colonial cacicas as historical subjects who constructed their consciousness around their place, whether symbolic or geographic, and articulated their own unique identities. It expands our understanding of the significant influence these women exerted—within but also well beyond the native communities of Spanish America.

The only reader currently available on criminality in Latin America, Reconstructing Criminality in Latin America reconstructs the way in which different Latin American societies have viewed, described, defined, and reacted to criminal behavior. Crime in Latin America is explored in terms of gender, race, class, and criminological theory. The highly readable essays in this book explore how Catholic notions of sin, natural law, the "divine" rights of absolutist monarchs, liberal rights of "man," positivism, and social Darwinism received a sympathetic, even enthusiastic, endorsement from policy makers throughout Latin America. Reconstructing Criminality in Latin America also shows how new methodologies have given scholars deeper insight into the significance of crime in Latin American societies. The selections testify that the insights of scholars like Eric Hobsbawm and Michel Foucault are the foundations of modern histories of crime in Latin America. This book is ideal for criminal justice, sociology, and Latin American social history courses.