Academic literature on the topic 'Spanish Criminal Code'

Presento una nueva categoría de normas penales que llamo "delitos instrumentales". Es una anticipación a través de la cual el legislador español castiga la preparación de un delito que incrimina objetos o procesos para cometer un delito con el fin de prevenir nuevas formas de delito. Sin embargo, esta decisión es ilegítima porque es incompatible con los principios constitucionales. En ese sentido, para mantener estas normas penales en el código se requerirá una interpretación que se ajuste a los principios básicos del derecho penal.

AbstractThis article analyzes the relationship between corruption offenses and money laundering with reference to the Spanish Penal Code. These two criminal categories lack a certain definition, as there is no such univocal concept of “political corruption” and “money laundering.” The reasons for the denaturation of these criminal figures will be addressed. Then, the paper will expose how these criminal figures relate to each other. We argue that a real concurrence between both figures is possible, although it may lead, in certain cases, to double incrimination and its consequent punitive excess. Therefore, we will propose some criteria for a restrictive interpretation of “money laundering” to avoid confusion with other legal figures such as “confiscation.” The paper will end with reference to the Spanish Criminal Code’s regulation on “confiscation” and a brief review of the main critics.

This paper examines how Spanish green start-ups develop improved attitudes towards nature. Despite the prevalence of theories based on green entrepreneurs, very little research has been conducted on how green attributes influence nature in the framework of the new Spanish Criminal Code in what concerns corporate compliance. One hundred and fifty-two start-ups were interviewed in 2018. Smart PLS Path Modelling has been used to build an interaction model among variables. The results obtained have a significant theoretical and practical implication since they add new findings to the current literature on how start-ups incorporate the recent Criminal Code in their environmental decisions. The model reveals a strong predictive power (R-squared = 77.9%). There are grounds to say that start-ups should implement effective monitoring systems and new organisational standards, in addition to developing surveillance measures to avoid unexpected sanctions.

Resumen: El trabajo pretende mostrar, mediante un análisis del artículo 286 ter del Código Penal, la respuesta que el ordenamiento jurídico-penal español ofrece a un fenómeno tan frecuente y dañino como es el de la corrupción en el ámbito concreto de las transacciones económicas internacionales. La materia, objeto de atención de los organismos internacionales (ONU, OCDE, UE, etc.), constituye uno de los temas más candentes dentro de la actual política criminal.Palabras clave: Corrupción y soborno, transacciones económicas, globalización.Abstract: The essay tries to show, through the analysis of art. 445 of the Spanish criminal code, the answer that the Spanish criminal system gives to a phenomenon as frequent and harmful as the corruption within international business transactions. This topic has drawn the attention of international organizations (UNO, OECD, EU…) and constitutes one of the hottest issues of today’s criminal policy.Keywords: Bribery and corruption, economic transactions, globalization.

The recent publishing of the Criminal Code Reform, known as the Corporate Governance Code and by which companies are prosecuted for the crimes they have committed, is contributing towards improving the management of companies involved in using natural resources. This study explores the disposition of environmental companies towards respect for nature in the context of the new Spanish Criminal Code 1/2015. Over 916 companies, including 104 environmental companies, have been asked about their knowledge of the code and the consequences it has for them through a survey. The paper explores the influence of regulatory compliance, coercive enforcement and cooperative actions on environmental companies to develop better attitudes towards nature. Partial Least Squares (PLS) Path Modelling was used to build an interaction model among variables. The results of the research reveal how environmental companies are more inclined to developing organizational standards (Cooperative Environmental Protocols) and to improving compliance with environmental law (coercive regulation). The model has a moderate predictive effect, explaining 54.1% of environmental companies’ Better Attitude towards Nature. The findings may have important implications for environmental authorities when deterring environmental crimes.

The term caló is well-known within many Mexican American communities as a bilingual slang that is one of several speech styles in the community repertoire, closely associated with Pachuco groups of the U.S. Southwest that came to prominence in the 1940's. But the term caló predates its introduction to the U.S. by many decades. With roots in a Romany-based germanio of the 16th century, from the speech of immigrant gypsies evolved a new Spanish-based argot, the result of language shift from Romany to Spanish over centuries. By the 19th century, caló referred to a Spanish-based criminal argot called “caló jergal” by a contemporaneous Spanish researcher (Salillas 1896), a mixed code of gypsy Romany and Peninsular Spanish which was used by members of that group as an in-group, secret speech style.

En 2007, la revista satírica «El Jueves» sufrió un secuestro judicial, y dos de sus dibujantes resultaron condenados por un delito contra el honor de la Corona. Ambas resoluciones judiciales sometieron la libertad de expresión a unas restricciones excepcionales, y dieron lugar a que los propios editores optaran con posterioridad a medidas de autocensura. Sin embargo, tales restricciones fueron fruto de una inadecuada protección del honor de la Corona en el Código Penal, y de uso erróneo de la cláusula de proporcionalidad por parte de la Audiencia Nacional.In 2007 the Spanish satirical journal “El Jueves” was under judicial confiscation and two of its authors were prosecuted for criminal offense against the Crown’s honor. Both judicial resolutions subjected the freedom to expression to exceptional restrictions and moved the publishers to further self-censure. Nevertheless, these restrictions dealt with an inadequate protection to Crown honor in Spanish Criminal Code, and with a wrong use of the proportional clause by the Audiencia Nacional.

En el presente trabajo reflexionaremos sobre el modo en que doctrina y jurisprudencia caracterizan a la eximente de miedo insuperable, prevista en el artículo 20.6.º del Código Penal español, con ocasión de la reciente Sentencia 240/2016, de 29 de marzo, del Tribunal Supremo, que la aplica de forma incompleta junto con la de legítima defensa.In this paper we will reflect on how the defence of «unconquerable fear» (ordinary fortitude), set in Article 20(6) of the Spanish Criminal Code, is treated in literature and case-law with regard to the recent Sentence of the Spanish Supreme Court 240/2016, of March 29th, which applies it partially together with self-defence.

La Ley Orgánica 1/2015, 30 de marzo de modificación del Código Penal introdujo como nueva pena la prisión permanente revisable tras 25 años. De acuerdo con el art. 25.2 CE, las penas privativas de libertad y las medidas de seguridad estarán orientadas hacia la reinserción y la reducación social. Para defender la constitucionalidad de la nueva pena, el Legislador español acudió a la firma y ratificación del Estatuto de Roma para el establecimiento de la Corte Penal Internacional. Su art. 77.1 b) prevé la imposición de una pena de prisión de por vida cuando así lo justifiquen la extrema gravedad del delito y las circunstancias personales del condenado.The Organic Law 1/2015, 30 march for the amendment of the Spanish Criminal Code introduced as a new penalty the permanent prison with possibility of parole after 25 years. Pursuant to art. 25.2 of the Spanish Constitution, punishments entailing imprisonment and security measures shall be aimed reeducation and social rehabilitation. In order to support the constitutionality of the penalty, the Legislator argued that Spain signed and ratified the Rome Statute for the establishment of the International Criminal Law. According to art. 77. 1 b) the Court may imposed a term of life imprisonment when justifed by the extreme gravity of the crime and the individual circumstances of the convicted person.

The aim of this article is to examine the punitive differences after come into force of the law 1/2004 of 28 of december, (LVG) because this law protect only women and not men, studying the differences in the law enforcement, and what criminal consequences will have, in every single case, depending on the victim, if it’s a woman or if it’s a man.In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: analytical, inductive, logical, systemical. Also the method of the analysis of literature, the comparative legal method and theoretical method of research to investigate, analyse and summarize information of publications.The methods chosen are very important in analysing the Spanish law, case law materials to opinions of legislator and law scientists.Supported by the inductive and comparative method is used in order to make it able to analyse individual aspects of the law 1/2004 and the criminal laws its application and consequences in differents cases, from several theorethical conclusions.The logical and analytical method was used in order to study content of the law, its protections to the victims and punishment and if with its application the society is better and secure for everyone, analyzing the effects in the citizens.The overall object of this article “The punitive distinction on grounds of sex in the penal code and the organic law 1/2004 of 28 december on integral protection measures against gender violence” is a national human rights interests, however the direct object is national interests in the field of domestic violence and violence against the women, and the protection of the woman in the society and her freedom and development as a human being. Moreover the the application of this law creates social conflicts, make deeper the differences between man and woman and it doesn’t solve effectively the problem of the violence against the women.The subject matter of this article is the Spanish Criminal law in connection with the violence against women and its effective application and using different methods to check if the principle of equality in the law and of sexes is applied in Spain in an egalitarian and fair way. The most common cases are the physical and psychic aggressions, threats and coercion, and this is what the law 1/2004 and the Spanish criminal code try to sorted out.Also, this law is strong criticized by many sectors, and in this article it’s defended the position that this law should be applied to both sexes, without distinction and so, to try to convert the society in a space of equality and justice.The main conclusion shows that actually in Spain, the society is suffering a very unfair law, specially for men, and does not help really to women when they are assaulted.It must to be changed this law, being applied to everyone without exceptions, that’s means, without making differences between woman and man.

This paper studies the criminal liability of legal persons, which has suffered a deep reform with the organic law 1/2015, after being introduced in Spain in 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs, which supposes a change in the so called model of transfer of liability, that existed before. Parallel to this transformation in the Spanish criminal code, in Peru recently the law 30424 has come into forth, which contents a corporate liability model, very similar to the one foreseen in Spain. Both models of liability and the possibility of its exemption raise doubts about if they really tried to penalize legal persons or not.
El presente trabajo estudia la responsabilidad penal de las personas jurídicas en España, la cual, después de haberse introducido en el año 2010, ha sufrido una reforma de hondo calado con la ley orgánica 1/2015. Esta ha conllevado importantes modificaciones y novedades, como la creación de una eximente de responsabilidad mediante la adopción de programas de cumplimiento, que ha supuesto un cambio en el antes existente modelo de transferencia de responsabilidad. Paralelamente a esta transformación que ha tenido lugar en el Código Penal español, en el Perú recientemente se ha aprobado la ley 30424, que crea un modelo de responsabilidad para las personas jurídicas muy similar al previsto en España. Ambos modelos de responsabilidad y la posibilidad de su exención plantean la duda de si realmente se pretende responsabilizar penalmente a las personas jurídicas o no.

Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.

Chapter 6 studies sexual attitudes and crimes, including adultery and rape, and their prosecution in preconquest and colonial times. Indigenous peoples themselves, not strictly friars, enforced a moral code of sexual behavior by gossiping about local scandals, reporting crimes to indigenous and Spanish magistrates, testifying in criminal trials about alleged transgressions, and in more extreme cases, resorting to violence, often with the help of relatives and friends, to punish misconduct. The chapter considers the ways in which indigenous and Spanish attitudes converged, especially in the importance placed on marriage as an institution that regulates sexuality and the strong condemnation of rape and adultery. Chapter 6 examines the relationship between sexual infidelity and violence in the household and community. Finally this chapter shows how Spanish attitudes regarding virginity and honor influenced, but did not alter entirely, indigenous gender ideology after the sixteenth century.

This chapter in two parts considers several legal cases from Spanish America. It argues that geographic distance shaped the pace of proceedings and created bureaucratic distances critical to case outcomes. Geographic distance also shaped document trajectories, influencing how they would be stored and where they would come to rest. Archivists, both in the colonial period and since then, are the vital mediators of these many forms of distance. They were vital to the creation of document content, they determined which documents survived, and they make choices today that influence location and access. The cases being examined are from Guatemala and Mexico; they are drawn from both inquisition files and the secular criminal courts; they take place between 1698 and 1718. All the cases focus on the crimes and perceived transgressions of non-white women: witchcraft, murder, and adultery.