The Italian Scuola Positiva in Brazil between the nineteenth and twentieth centuries: the problematic issue of “influence”
Palabras clave:Brazilian legal history, scuola positiva, influence, Brazilian positivist thought, 1890 Brazilian penal code
Brazilian historiography has often discussed the “influence” of the scuola positiva in Brazil between the end of the nineteenth century and the first decades of the twentieth century. More recently, there have been researches that have tried to avoid the unidirectional tendency and the lack of precision of the concept of influence. In the light of a critique of the concept of influence, this work intends to raise some new historiographical possibilities through analysis of some of the pioneers of scuola positiva in Brazil and of the Brazilian appropriation of the scheme “scuola classica” versus “scuola positiva”. Given that the Brazilian legal tradition of the nineteenth century was different from that which the Italian positivists found when elaborating the scuola classica concept, this space of memory was occupied in Brazil by other elements, an interpretation that can only be elaborated by withdrawing from the concept of influence.
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