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Revista de historia del derecho
versão On-line ISSN 1853-1784
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GALFIONE, María Carla e GALFIONE, Florencia. Legislar la supervivencia: Saber médico y control de la peligrosidad en los desarrollos criminológicos de José Ingenieros. Rev. hist. derecho [online]. 2012, n.44, pp.63-79. ISSN 1853-1784.
It is often argued that, in the field of criminal law, the transition from ancient to medieval classic model system meant the abandonment of a way to understand and exercise punishment hitherto focused on the suffering of the body. However, it can be recognized in the development of some of the leading names of criminology of the late nineteenth century a new centrality of the body, according to which it serves both to explain the origin of the crime as to consider ways to avoid it. In the article we focus on the texts of the Argentinian doctor and criminologist José Ingenieros and we turn to some theoretical contributions of biopolitics to read his formulations. We attempt to analyze how it is structured in the criminological thought of Ingenieros the conceptual system that enables a biologicist consideration of criminal matter that puts once again the body in the center of the scene, but now described and controlled by the medical knowledge. Some consequences can be drawn from here, regarding the relationship then established between medical knowledge, criminal law and political power.
Palavras-chave : José Ingenieros; Delinquency; Medical Knowledge; Criminology; Biopolitical.