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 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 Mastering the Law written by Ricardo Raúl Salazar Rey and published by University Alabama Press. This book was released on 2020-11-17 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century. Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown. The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.
Download or read book Negotiation Within Domination written by Ethelia Ruiz Medrano and published by University Press of Colorado. This book was released on 2011-05-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiation within Domination examines the formation of colonial governance in New Spain through interactions between indigenous peoples and representatives of the Spanish Crown. The book highlights the complexity of native negotiation and mediation with colonial rule across time, culture, and place and how it shaped colonial political and legal structures from the sixteenth to the eighteenth centuries. Although indigenous communities reacted to Spanish presence with significant acts of resistance and rebellion, they also turned to negotiation to deal with conflicts and ameliorate the consequences of colonial rule. This affected not only the development of legal systems in New Spain and Mexico but also the survival and continuation of traditional cultures. Bringing together work by Mexican and North American historians, this collection is a crucially important and rare contribution to the field. Negotiation within Domination is a valuable resource for native peoples as they seek to redefine and revitalize their identities and assert their rights relating to language and religion, ownership of lands and natural resources, rights of self-determination and self-government, and protection of cultural and intellectual property. It will be of interest primarily to specialists in the field of colonial studies and historians and ethnohistorians of New Spain
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 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 Encyclopedia of Historians and Historical Writing written by Kelly Boyd and published by Routledge. This book was released on 2019-10-09 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Historians and Historical Writing contains over 800 entries ranging from Lord Acton and Anna Comnena to Howard Zinn and from Herodotus to Simon Schama. Over 300 contributors from around the world have composed critical assessments of historians from the beginning of historical writing to the present day, including individuals from related disciplines like Jürgen Habermas and Clifford Geertz, whose theoretical contributions have informed historical debate. Additionally, the Encyclopedia includes some 200 essays treating the development of national, regional and topical historiographies, from the Ancient Near East to the history of sexuality. In addition to the Western tradition, it includes substantial assessments of African, Asian, and Latin American historians and debates on gender and subaltern studies.
Download or read book Guide to the Law and Legal Literature of Argentina Brazil and Chile written by Edwin Borchard and published by . This book was released on 1917 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book History of Law and Other Humanities Views of the legal world across the time written by Valerio Massimo Minale and published by Dykinson S.L.. This book was released on 2019-07-09 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors
Download or read book Social and Religious History of the Jews Late Middle Ages and Era of European Expansion 1200 1650 written by Salo Wittmayer Baron and published by Columbia University Press. This book was released on 1973 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to the Official Publications of the Other American Republics 8 19 written by Library of Congress and published by . This book was released on 1948 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bartolom de las Casas written by Hans Hanke and published by Springer. This book was released on 2013-12-11 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La prisi n y las instituciones punitivas en la investigaci n hist rica written by Pedro Oliver Olmo and published by Universidad de Castilla La Mancha. This book was released on 2014-09-23 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Historia Social de las Instituciones Punitivas está necesitada en España de encuentro y debate, de confrontación y colaboración entre investigadores e investigadoras. Solo así logrará hacerse visible e inteligible como tendencia historiográfica y sobre todo como apuesta teórico-metodológica, porque de hecho ya es más que creíble como práctica historiográfica. Aquí, en este libro, junto a los logros también se perfilan las carencias y los retos más acuciantes. Lejos de buscar una autonomía extemporánea, la Historia Social de las Instituciones Punitivas quiere buscar su propia viabilidad a base de intersecciones y buenas mezclas. Esos objetivos se planteaba el Grupo de Estudio sobre la Historia de la Prisión y las Instituciones Punitivas (GEHPIP) ―un equipo interuniversitario y con sede en la Universidad de Castilla-La Mancha (UCLM)― al organizar lo que de forma homónima decidió titular I Congreso Internacional sobre Historia de la Prisión y las Instituciones Punitivas, celebrado en Ciudad Real entre el 10 y el 12 de abril de 2013. El libro electrónico que aquí se presenta es una buena muestra de lo que allí se comunicó y discutió. Social History of Punitive Institutions in Spain needs meetings and discussions, comparison and collaboration between researchers. Only then it will become visible and intelligible as a historiographical trend and, above all, as a theoretical-methodological hope, because in fact, now it is more than conceivable as a historiographical practice. Here in this book are outlined, along with the achievements, the shortcomings and the most pressing challenges. Far from seeking an extemporaneous autonomy, Social History of Punitive Institutions wants to try to find its own feasibility based on intersections and good mixings. Those objectives were considered by the Study Group about History of Prison and Punitive Institutions (Grupo de Estudio sobre la Historia de la Prisión y las Instituciones Punitivas, GEHPIP) –an interuniversity team and with central office at Universidad de Castilla-La Mancha (UCLM)– when organising what it decided to name in an homonymous way 1st International Congress on History of Prison and Punitive Institutions (I Congreso Internacional sobre Historia de la Prisión y las Instituciones Punitivas), held in Ciudad Real (Spain) from 10 to 12 April 2013. The electronic book here presented is a good example of what it was told and discussed there.
Download or read book The Law of Nations and the New World written by L. C. Green and published by University of Alberta. This book was released on 1989 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal, theological and philosophical analysis of the ideology of colonialism. Focuses on sovereignty and right of self-government of Amerindians, leading to present "aboriginal problems" such as those posed by the Canadian constitutional affirmation of "existing aboriginal and treaty rights of the aboriginal people of Canada."
Download or read book The Pan American Book Shelf written by and published by . This book was released on 1944 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
