Legal pairing in the administration of justice: procedural practices and jurisdictional tensions in cases of tobacco smuggling in Antioquia, 1820-1850
Abstract
This paper analyzes the administration of justice in cases of smuggling in Medellín (Antioquia, Colombia) between 1820-1850 and raises the meeting of two legal cultures, a phenomenon that we will call pairing or blend between the old and new regime. To do this, it focuses on judicial cases related to the cultivation and smuggling of tobacco, showing the complexity in the coexistence of the legal sources of the moment when judging. In addition, resistance to a modern political and legal project is evident, which affected the application of Republican regulations. The study reveals the complexity in the coexistence of the sources of law, as well as the relevance of smuggling in the economy of the time and its impact on the income of the State. The tension between local and statal judges stands out, as well as the lack of lawyer judges, which generated a jurisdictional duality that sought to increase the effectiveness of justice in the first years of the Republic.
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