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Signos históricos
Print version ISSN 1665-4420
Abstract
ALBORNOZ VASQUEZ, María Eugenia. Court Cases and Privileges of Poverty: Colonial and Republican Juridical Languages for the Rescue of Special Rights During Trials for Slander. Chile, 1700-1874. Sig. his [online]. 2014, vol.16, n.32, pp.48-85. ISSN 1665-4420.
The longue durée analysis of various cases for slander, issued in different jurisdictions of Chile, shows that an important proportion of litigants benefited from special rights to appeal for their causes in court: they requested and obtained the Court Case (caso de corte) or the privilege of poverty. These judicial forms of litigation allow defenseless individuals to access legal courts in order to obtain reparation and punishment of the guilty, or to justify their own actions and intentions. After introducing the documental corpus where these two privileges can be found, this article focuses on the judicial cases in which both are appealed to. It aims to contribute to a better knowledge of the judicial culture of Latin America, and of Chile's "judicial justice, " still effective throughout the Republic.
Keywords : Colonial Chile; Republican Chile; judicial culture; judicial pluralism; juridical languages.