[Until death do us part: the normative and doctrinal framework of partner homicide in southern Peru at the end of the Viceroyalty and the beginning of the Republic, 1780-1845]

Belan C. · Revista de Estudios Historico-Juridicos (2025) · DOI: 10.4151/issn.07176260-num.47-fulltext.1351

Resumen

This article examines the legal framework and doctrine applied in cases of femicide in intimate partner violence in southern Peru between the late 18th and early 19th centuries. To this end, it analyzes the legal sources used in 61 criminal cases between 1750 and 1845. These cases comprise all existing records of such murders held in the Arequipa Regional Archive (ARAr). The criminal sources confirm that legal professionals employed a range of legal resources, including legal texts such as the seventh Partida, la Nueva and the Novísima Recopilación and doctrine from modern European criminologists, particularly 16th-century Spanish scholars. Progressively, legal arguments came to rely on constitutional interpretation.

Instituciones: Universidad Católica de Santa María