Justicia de paz y cultura jurídica en el largo siglo XIX en Mendoza (Argentina). El caso del departamento de San Rafael en el sur provincial
This article studies in the first place the legal configuration of the institution of the justice of peace in the Province of Mendoza (Argentina) throughout century XIX. The route is realised trying to avoid a teleological glance, in which the Indian judges of smaller quantity are considered like an...
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| Formato: | article |
| Lenguaje: | EN FR PT |
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Centre de Recherches sur les Mondes Américains
2010
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| Materias: | |
| Acceso en línea: | https://doaj.org/article/c27431beebcc4c0b846d2f2fe8cb8938 |
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| Sumario: | This article studies in the first place the legal configuration of the institution of the justice of peace in the Province of Mendoza (Argentina) throughout century XIX. The route is realised trying to avoid a teleological glance, in which the Indian judges of smaller quantity are considered like an imperfect antecedent of the future judges of peace, as well the territorial judges of the first half from century XIX are not considered like a simple initial stage of the institution as she appeared by the end of the same, in the heat of use of the codification. The idea is to take care of so much the originating continuities of the Indian period like the convergence of other doctrinal and institutional traditions. In the second part of the work, an approach to the roll of this magistrature in the local society is tried, by means of the study of the institutional practices in the transit to century XX; one looks for, in other words, to sight if the peace justice constituted an instance of resolution of the daily conflicts of that local society. In order to it, there are a group of documents corresponding to the courts of peace of the mendocino department of San Rafael, between 1898 and 1909, whose data are complemented with the offered ones by notarial books, partly also in charge of the peace judges. |
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