Download or read book A Companion to Latin American Legal History written by and published by BRILL. This book was released on 2023-12-04 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.

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 The Hispanic American Historical Review written by and published by . This book was released on 1926 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Crime and Punishment in Latin America written by Ricardo D. Salvatore and published by Duke University Press. This book was released on 2001-09-20 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

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 Civil Society written by Sudipta Kaviraj and published by Cambridge University Press. This book was released on 2001-09-06 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil society is one of the most used - and abused - concepts in current political thinking. In this important collection of essays, the concept is subjected to rigorous analysis by an international team of contributors, all of whom seek to encourage the historical and comparative understanding of political thought. The volume is divided into two parts: the first section analyses the meaning of civil society in different theoretical traditions of Western philosophy. In the second section, contributors consider the theoretical and practical contexts in which the notion of civil society has been invoked in Asia, Africa and Latin America. These essays demonstrate how an influential Western idea like civil society is itself altered and innovatively modified by the specific contexts of intellectual and practical life in the societies of the South.

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 Enlightened Reform in Southern Europe and its Atlantic Colonies c 1750 1830 written by Gabriel Paquette and published by Routledge. This book was released on 2016-05-06 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to ascertain the influence of enlightenment thought on state action, especially government reform, in the long eighteenth century have long provoked stimulating scholarly quarrels. Generations of historians have grappled with the elusive intersections of enlightenment and absolutism, of political ideas and government policy. In order to complement, expand and rejuvenate the debate which has so far concentrated largely on Northern, Central and Eastern Europe, this volume brings together historians of Southern Europe (broadly defined) and its ultramarine empires. Each chapter has been explicitly commissioned to engage with a common set of historiographical issues in order to reappraise specific aspects of 'enlightened absolutism' and 'enlightened reform' as paradigms for the study of Southern Europe and its Atlantic empires. In so doing it engages creatively with pressing issues in the current historical literature and suggests new directions for future research. No single historian, working alone, could write a history that did justice to the complex issues involved in studying the connection between enlightenment ideas and policy-making in Spanish America, Brazil, France, Italy, Portugal and Spain. For this reason, this well-conceived, balanced volume, drawing on the expertise of a small, carefully-chosen cohort, offers an exciting investigation of this historical debate.

Download or read book Humanities written by Lawrence Boudon and published by University of Texas Press. This book was released on 2005-02-01 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The one source that sets reference collections on Latin American studies apart from all other geographic areas of the world.... The Handbook has provided scholars interested in Latin America with a bibliographical source of a quality unavailable to scholars in most other branches of area studies." —Latin American Research Review Beginning with volume 41 (1979), the University of Texas Press became the publisher of the Handbook of Latin American Studies, the most comprehensive annual bibliography in the field. Compiled by the Hispanic Division of the Library of Congress and annotated by a corps of more than 130 specialists in various disciplines, the Handbook alternates from year to year between social sciences and humanities. The Handbook annotates works on Mexico, Central America, the Caribbean and the Guianas, Spanish South America, and Brazil, as well as materials covering Latin America as a whole. Most of the subsections are preceded by introductory essays that serve as biannual evaluations of the literature and research under way in specialized areas. The Handbook of Latin American Studies is the oldest continuing reference work in the field. Lawrence Boudon, of the Library of Congress Hispanic Division, has been the editor since 2000, and Katherine D. McCann has been assistant editor since 1999. The subject categories for Volume 60 are as follows: Art History (including ethnohistory) Literature (including translations from the Spanish and Portuguese) Music Philosophy: Latin American Thought

Download or read book The Protectors of Indians in the Royal Audience of Lima written by Mauricio Novoa and published by Martinus Nijhoff Publishers. This book was released on 2016-04-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.

Download or read book The School of Salamanca A Case of Global Knowledge Production written by and published by BRILL. This book was released on 2021-03-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production. Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Download or read book In Praise of Historical Anthropology written by Alexandre Coello de la Rosa and published by Routledge. This book was released on 2020-01-24 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Praise of Historical Anthropology is based on a fundamental conviction: the study of society cannot be undertaken without considering the weight of history and separations between disciplines in academics need to be bridged for the benefit of knowledge. Anthropology cannot be limited to situating its object in its immediate context; rather its true subject of study is society as a historical problem. The book describes the complex attempts to transcend this separation, presenting perspectives, methodologies and direct applications for the study of power relations and systems of social classification, paying special attention to the reconstruction of colonial situations. Following the maxim expounded by John and Jean Comaroff, this book will help us understand that historical anthropology is not a matter of merging the two disciplines of anthropology and history, but rather considering societies in their historically situated dimension and applying the tools of the social and human sciences to the analysis. In this vein, the book reviews the complex attempts to bridge disciplinary separations and theoretical proposals coming from very different traditions. The text, consequently, opens up hegemonic perspectives to include 'other anthropologies.'

Download or read book The Power of the Dispersed written by Cornel Zwierlein and published by BRILL. This book was released on 2021-12-20 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present case studies on early modern travelers, dispersed often by unintended consequences of war, curiosity, economic or political reasons in the Mediterranean, the Americas and Japan, ask for what ́power(s) ́ and agency they still had, perhaps counterintuitively, abroad.

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 Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.