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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.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.