Military jurisdiction versus subdelegational jurisdiction ¿A competition problem? Analysis of cases from the Intendence of Oaxaca, 18th to 19th centuries

Abstract

The military jurisdiction was the set of legal and judicial prerogatives that affected all the subjects of the military jurisdiction. It was modified according to location, usefulness and services rendered. The definition of its scope and limitations, generated debates, because under the protection of military jurisdiction, military personnel sought to evade civilian responsibilities by transgressing the ordinary justice system. In this context, the objective of this paper is to analyze the jurisdictional and jurisdictional controversies that arose under military jurisdiction between the authorities of the Oaxaca Intendancy and the military personnel settled in the region. The period of analysis corresponds to the eighteenth and nineteenth centuries.