La noción del crimen en el orden jurídico colonial: el caso de Cuenca en la segunda mitad del siglo XVIII

Abstract

The implantation of the Bourbon Reforms meant representative changes in the social and political reality of the American territories of the 18th century; hence, economic, political and social control changes will take place in the Hispano-American Colonies. Within this framework, the law, legal practices and certain legal institutions, such as crime, were affected by conjunctural changes. Although there have been studies of the Bourbon reforms from the economic, political and social, it has not been done from the perspective of the history of law in the second half of the eighteenth century. Therefore, in this vacuum, it has been necessary to work on an analysis of crime as a tool of social control in the late colonial era, with the Bourbon reforms of the eighteenth century. In this context, this work will trace the construction of the notion of crime in its two forms of construction: legal-formal and as a social phenomenon; To this end, primary doctrinal, legal and criminal trial sources have been used in the second half of the 18th century, with the aim of determining the legal dynamism of the study period.