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 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 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 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 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 A Historical Approach to Casuistry written by Carlo Ginzburg and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.

Download or read book Proceedings written by Indiana Academy of the Social Sciences and published by . This book was released on 1993 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 The Iberian World written by Fernando Bouza and published by Routledge. This book was released on 2019-09-09 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iberian World: 1450–1820 brings together, for the first time in English, the latest research in Iberian studies, providing in-depth analysis of fifteenth- to early nineteenth-century Portugal and Spain, their European possessions, and the African, Asian, and American peoples that were under their rule. Featuring innovative work from leading historians of the Iberian world, the book adopts a strong transnational and comparative approach, and offers the reader an interdisciplinary lens through which to view the interactions, entanglements, and conflicts between the many peoples that were part of it. The volume also analyses the relationships and mutual influences between the wide range of actors, polities, and centres of power within the Iberian monarchies, and draws on recent advances in the field to examine key aspects such as Iberian expansion, imperial ideologies, and the constitution of colonial societies. Divided into four parts and combining a chronological approach with a set of in-depth thematic studies, The Iberian World brings together previously disparate scholarly traditions surrounding the history of European empires and raises awareness of the global dimensions of Iberian history. It is essential reading for students and academics of early modern Spain and Portugal.

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 Empire of Law and Indian Justice in Colonial Mexico written by Brian Philip Owensby and published by Stanford University Press. This book was released on 2008 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).

Download or read book The Medieval Heritage of Mexico written by Luis Weckmann and published by Fordham Univ Press. This book was released on 1992 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the medieval legacy that influences life in Spanish-speaking North America to the present day. Focusing on the period from 1517?the expedition of Hernandez de Cordoba?to the middle of the seventeenth century, Weckmann describes how explorers, administrators, judges, and clergy introduced to the New World a culture that was essentially medieval. That the transplanted culture differentiated itself from that of Spain is due to the resistance of the indigenous cultures of Mexico.

Download or read book Latin American Lawyers written by Rogelio Pérez-Perdomo and published by Stanford University Press. This book was released on 2006-01-06 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive history of the intellectual training and social placement of lawyers in Latin America. Pérez-Perdomo examines the Roman legal roots of the Latin American tradition and traces the development of legal education and practice in Latin America from the 16th century to the present. The main themes in the book are the relationship between lawyers and power, the place of lawyers in social stratification, the role of law and lawyers in building nations and maintaining elite power, the role of law schools, and the main intellectual trends in legal thought.

Download or read book Fatal Love written by Victor Uribe-Uran and published by Stanford University Press. This book was released on 2015-12-16 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: One night in December 1800, in the distant mission outpost of San Antonio in northern Mexico, Eulalia Californio and her lover Primo plotted the murder of her abusive husband. While the victim was sleeping, Prio and his brother tied a rope around Juan Californio's neck. One of them sat on his body while the other pulled on the rope and the woman, grabbing her husband by the legs, pulled in the opposite direction. After Juan Californio suffocated, Eulalia ran to the mission and reported that her husband had choked while chewing tobacco. Suspicious, the mission priests reported the crime to the authorities in charge of the nearest presidio. For historians, spousal murders are significant for what they reveal about social and family history, in particular the hidden history of day-to-day gender relations, conflicts, crimes, and punishments. Fatal Love examines this phenomenon in the late colonial Spanish Atlantic, focusing on incidents occurring in New Spain (colonial Mexico), New Granada (colonial Colombia), and Spain from the 1740s to the 1820s. In the more than 200 cases consulted, it considers not only the social features of the murders, but also the legal discourses and judicial practices guiding the historical treatment of spousal murders, helping us understand the historical intersection of domestic violence, private and state/church patriarchy, and the law.

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Download or read book The World of Colonial America written by Ignacio Gallup-Diaz and published by Routledge. This book was released on 2017-04-28 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World of Colonial America: An Atlantic Handbook offers a comprehensive and in-depth survey of cutting-edge research into the communities, cultures, and colonies that comprised colonial America, with a focus on the processes through which communities were created, destroyed, and recreated that were at the heart of the Atlantic experience. With contributions written by leading scholars from a variety of viewpoints, the book explores key topics such as -- The Spanish, French, and Dutch Atlantic empires -- The role of the indigenous people, as imperial allies, trade partners, and opponents of expansion -- Puritanism, Protestantism, Catholicism, and the role of religion in colonization -- The importance of slavery in the development of the colonial economies -- The evolution of core areas, and their relationship to frontier zones -- The emergence of the English imperial state as a hegemonic world power after 1688 -- Regional developments in colonial North America. Bringing together leading scholars in the field to explain the latest research on Colonial America and its place in the Atlantic World, this is an important reference for all advanced students, researchers, and professionals working in the field of early American history or the age of empires.

Download or read book Writing as Poaching written by Robert A. Folger and published by BRILL. This book was released on 2011-09-20 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial Spanish bureaucracy produced masses of “autobiographical” texts ('relaciones de méritos and servicios') which forced/invited individuals to present themselves as perfect subjects of the King in order to be rewarded. Bureaucracy produced the officials of the colonial regime, and, at the same time, it provided individuals with the possibility of exploring the literary potential of writing one’s curriculum vitae. This book helps contextualize a body of often-used yet understudied historic sources; it indicates that the fabric of early modern society was held together by a pervasive economy of 'mercedes' (rewards); and it shows that the tension between state-induced production of autobiographical documents and the individual’s endeavor to outsmart this system is at the origin of modern forms of literature.