Abstract

Materials in the field of Law & Literature are explored; in particular,the study of specific popular poetic forms found in the Andalusianfolklore of flamenco, such as prisiones songs (las tonas de carcelerasand coplas de presos). Various appropriate aspects of concern and interest of reformist doctrines and the Positivist school of criminallaw in 19th century Spain are related to criminal policy, the image ofthe penintenial system and criminal justice. Thus themes of legalethnology and legal criminal philosophy are connected. the author usesitems compiled by some krausists, who were influenced by evolutionarydoctrines, Darwinism and folklorist Positivism (Krausopositivism). Theseare characterised as ``Krausofloklorists'', who, in turn, are sensibleto the crisis and necessary modernization of the States system ofsanctions and punishments. The article concludes by reflecting onproblems connected with identity and cultural and sociopoliticalethnicity of excluded and marginal groups.

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