Accusations against lay judges before professional judges: Social use of the progress of professional justice. Southern-central zone of Chile, 1824-1875

Abstract

The article establishes a dialogue with the literature that examined the socalled “lay judges” as supports of judicial practices and members of the societies to which litigants belonged. Studies focused on the period prior to the expansion of the professional courts that were installed in different Latin American countries beginning in the second half of the 19th century. The article problematizes the social uses of the emerging professional judicature that social actors undertook to solve conflicts with lay judges in their territory. At the same time, it focuses on the reactions of professional judges to these practices and strategies. It concentrates on the southern-central zone of Chile during the period of creation of a republican justice apparatus, characterized by the growing attribution of inspection powers to professional judges over lay judges. It analyzes a documentary corpus of 47 judicial files on criminal charges brought by different social sectors against law enforcement officers before local professional judges. These conflicts and social practices are discussed from a culturalist perspective, drawing on the notion of “legal-judicial culture” to understand values, discourses and know-how in judicial proceedings. Results are presented in a case study that reveals readings attempted by social actors regarding the process of judicial inspection. Based on that assessment, the litigants moved their complaints against law enforcement officers to professional courts. In addition, the professional judges validated these moves by accepting the accusations and procedural requests of litigants.

Keywords: lay judges, history of Justice, 19th century Chile.