Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."

Download or read book Histoire du droit savant 13e 18e si cle written by Robert Feenstra and published by Taylor & Francis. This book was released on 2023-07-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orléans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisième sélection d'articles de Robert Feenstra complète les deux précédentes; elle constitue la suite de ses études sur les doctrines de droit privé et sur des textes se rapportant à l'enseignement universitaire du XIIIe jusqu'au XVIIIe siècle. Dans la section consacrée au droit privé, quelques articles s'occupent en premier lieu du moyen âge, d'autres focalisent sur Hugo Grotius. La propriété est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalité juridique (notamment par rapport aux fondations) et de la responsabilité civile (y compris la responsabilité du fait d'autrui). Les études sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siècle. La première est consacrée à un professeur de droit civil peu connu de l'université d'Orléans et à son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traités appartenant à la "vulgarisation" du droit savant (droit romain et droit canonique au moye

Download or read book The Legal Culture of Northern New Spain 1700 1810 written by Charles R. Cutter and published by UNM Press. This book was released on 2001-07 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico

Download or read book The Formation and Transmission of Western Legal Culture written by Serge Dauchy and published by Springer. This book was released on 2016-12-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Download or read book Latin American Constitutions written by M. C. Mirow and published by Cambridge University Press. This book was released on 2015-09-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.

Download or read book The Empirical Empire written by Arndt Brendecke and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-10-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: How was Spain able to govern its enormous colonial territories? In 1573 the king decreed that his councilors should acquire "complete knowledge" about the empire they were running from out of Madrid, and he initiated an impressive program for the systematic collection of empirical knowledge. Brendecke shows why this knowledge was created in the first place – but then hardly used. And he looks into the question of what political effects such a policy of knowledge had for Spain’s colonial rule.

Download or read book Upholding Justice written by Tamar Herzog and published by University of Michigan Press. This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the close relationship between judicial institutions and the social fabric of early modern Quito

Download or read book The Enlightenment on Trial written by Bianca Premo and published by Oxford University Press. This book was released on 2017-01-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a history of the Enlightenment--the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. But rather than members of a cosmopolitan Republic of Letters, its principal protagonists are non-literate, poor, and enslaved litigants who sued their superiors in the royal courts of Spain's American colonies. Despite growing evidence of the Hispanic world's contributions to Enlightenment science, the writing of history, and statecraft, the region is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century Spanish Americans' active production of concepts fundamental to modern law. The Enlightenment on Trial offers readers new insight into how Spanish imperial subjects created legal documents, fresh interpretations of the intellectual transformations and legal reform policies of the period, and comparative analysis of the volume of civil suits from six regions in Mexico, Peru and Spain. Ordinary litigants in the colonies--far more often than peninsular Spaniards--sued superiors at an accelerating pace in the second half of the eighteenth century. Three types of cases increased even faster than a stunning general rise of civil suits in the colonies: those that slaves, native peasants and women initiated against masters, native leaders and husbands. As they entered court, these litigants advanced a new law-centered culture distinct from the casuistic, justice-oriented legal culture of the early modern period. And they did so at precisely the same time that a few bright minds of Europe enshrined new ideas in print. The conclusion considers why, if this is so, the Spanish empire has remained marginal to the story of the advent of the modern West.

Download or read book Francisco Su rez Metaphysics Politics And Ethics written by Mário Santiago de Carvalho and published by Imprensa da Universidade de Coimbra / Coimbra University Press. This book was released on 2020 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: O presente volume publica as Atas do Iº Encontro Internacional “Pensar o Barroco em Portugal” (26-28 de Junho de 2017), que se ocupou do pensamento metafísico, ético e político de Francisco Suárez. Contando com a colaboração de alguns dos maiores especialistas internacionais na obra e no pensamento deste famoso professor da Universidade de Coimbra no século XVII, este volume celebra os 400 anos da sua morte e assinala a produtividade do seu legado filosófico-teológico.

Download or read book Corruption and Justice in Colonial Mexico 1650 1755 written by Christoph Rosenmüller and published by Cambridge University Press. This book was released on 2019-05-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.

Download or read book Knowledge of the Pragmatici written by and published by BRILL. This book was released on 2020-03-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity. The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture. Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.

Download or read book Creek Internationalism in an Age of Revolution 1763 1818 written by James L. Hill and published by U of Nebraska Press. This book was released on 2022-07 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creek Internationalism in an Age of Revolution, 1763–1818 examines how Creek communities and their leaders remained viable geopolitical actors in the trans-Appalachian West well after the American Revolution. The Creeks pursued aggressive and far-reaching diplomacy between 1763 and 1818 to assert their territorial and political sovereignty while thwarting American efforts to establish control over the region. The United States and the Creeks fought to secure recognition from the powers of Europe that would guarantee political and territorial sovereignty: the Creeks fought to maintain their connections to the Atlantic world and preserve their central role in the geopolitics of the trans-Appalachian West, while the American colonies sought first to establish themselves as an independent nation, then to expand borders to secure diplomatic and commercial rights. Creeks continued to forge useful ties with agents of European empires despite American attempts to circumscribe Creek contact with the outside world. The Creeks’ solicitation of trade and diplomatic channels with British and Spanish colonists in the West Indies, Canada, and various Gulf Coast outposts served key functions for defenders of local autonomy. Native peoples fought to preserve the geopolitical order that dominated the colonial era, making the trans-Appalachian West a kaleidoscope of sovereign peoples where negotiation prevailed. As a result, the United States lacked the ability to impose its will on its Indigenous neighbors, much like the European empires that had preceded them. Hill provides a significant revisionist history of Creek diplomacy and power that fills gaps within the broader study of the Atlantic world and early American history to show how Indigenous power thwarted European empires in North America.

Download or read book The Cambridge History of Latin American Law in Global Perspective written by Thomas Duve and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.

Download or read book Empire Humanism and Rights written by José María Beneyto and published by Springer Nature. This book was released on 2021-12-10 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor. Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.

Download or read book A Companion to Early Modern Spanish Imperial Political and Social Thought written by and published by BRILL. This book was released on 2020-01-29 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion aims to give an up-to-date overview of the historical context and the conceptual framework of Spanish imperial expansion during the early modern period, mostly during the 16th century. It intends to offer a nuanced and balanced account of the complexities of this historically controversial period analyzing first its historical underpinnings, then shedding light on the normative language behind imperial theorizing and finally discussing issues that arose with the experience of the conquest of American polities, such as colonialism, slavery or utopia. The aim of this volume is to uncover the structural and normative elements of the theological, legal and philosophical arguments about Spanish imperial ambitions in the early modern period. Contributors are Manuel Herrero Sánchez, José Luis Egío, Christiane Birr, Miguel Anxo Pena González, Tamar Herzog, Merio Scattola, Virpi Mäkinen, Wim Decock, Christian Schäfer, Francisco Castilla Urbano, Daniel Schwartz, Felipe Castañeda, José Luis Ramos Gorostiza, Luis Perdices de Blas, Beatriz Fernández Herrero.

Download or read book Andean Cosmopolitans written by José Carlos de la Puente Luna and published by University of Texas Press. This book was released on 2018-01-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Spanish victories over the Inca claimed Tawantinsuyu for Charles V in the 1530s, native Andeans undertook a series of perilous trips from Peru to the royal court in Spain. Ranging from an indigenous commoner entrusted with delivering birds of prey for courtly entertainment to an Inca prince who spent his days amid titles, pensions, and other royal favors, these sojourners were both exceptional and paradigmatic. Together, they shared a conviction that the sovereign's absolute authority would guarantee that justice would be done and service would receive its due reward. As they negotiated their claims with imperial officials, Amerindian peoples helped forge the connections that sustained the expanding Habsburg realm's imaginary and gave the modern global age its defining character. Andean Cosmopolitans recovers these travelers' dramatic experiences, while simultaneously highlighting their profound influences on the making and remaking of the colonial world. While Spain's American possessions became Spanish in many ways, the Andean travelers (in their cosmopolitan lives and journeys) also helped to shape Spain in the image and likeness of Peru. De la Puente brings remarkable insights to a narrative showing how previously unknown peoples and ideas created new power structures and institutions, as well as novel ways of being urban, Indian, elite, and subject. As indigenous people articulated and defended their own views regarding the legal and political character of the "Republic of the Indians," they became state-builders of a special kind, cocreating the colonial order.

Download or read book Another Jerusalem written by José-Juan López-Portillo and published by BRILL. This book was released on 2017-12-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ‘Another Jerusalem’: Political Legitimacy and Courtly Government in the Kingdom of New Spain (1535-1568) José-Juan López-Portillo offers a new approach to understanding why the most densely populated and culturally sophisticated regions of Mesoamerica accepted the authority of Spanish viceroys. By focusing on the routines and practices of quotidian political life in New Spain, and the ideological affinities that bound indigenous and non-indigenous political communities to the viceregal regime, López Portillo discloses the formation of new loyalties, interests and identities particular to New Spain. Rather than the traditional view of European colonial domination over a demoralized indigenous population, New Spain now appears as Mexico City’s sub-empire: an aggregate of the Habsburg ‘composite monarchy’. "Embellished with wonderful illustrations, this work draws upon extensive secondary and primary sources. Scholars studying Spain's America will find it a thoughtful addition to historical literature on 16th-century New Spain." - M. A. Burkholder, University of Missouri - St. Louis, in: CHOICE, July 2018 Vol. 55 No. 11