Download or read book Lawsuits and Litigants in Castile 1500 1700 written by Richard L. Kagan and published by . This book was released on 1981 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Disputes and Settlements written by John Bossy and published by Cambridge University Press. This book was released on 2003-01-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by British, American and French scholars uses the records of the law in Western Europe from the fall of Rome to the nineteenth century in an attempt to outline a social history of the West considered as a history of human relations. The primary themes are dispute, arbitration and conjugal relations; the primary influences considered are feud, Christianity and the state. The contributions are discussed overall by an anthropologist lawyer, Simon Roberts, who writes an anthropological introduction, and by the editor in a short historical postscript. The aim has been to strike a new note in social history by attending more closely to actual people and their actual relations; by drawing on the resources of anthropology, legal history, the history of religious feelings and institutions, and of states, to illuminate their behaviour; and by combining the efforts of scholars representing a diversity of intellectual traditions and a long perspective of human experience.

Download or read book Legal Pluralism and Empires 1500 1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

Download or read book Lawyers Litigation English Society Since 1450 written by Christopher Brooks and published by A&C Black. This book was released on 1998-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.

Download or read book Spanish Colonial Women and the Law Complaints Lawsuits and Criminal Behavior written by Linda Tigges and published by Sunstone Press. This book was released on 2017-03-15 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women in early 18th century Spanish Colonial New Mexico had rights and privileges under Spanish law that were not enjoyed by other women in North America until the late 19th and early 20th century. Women were considered separate entities under the law and valuable members of Spanish society. As such, they could own property, inherit in their own name, and act as court witnesses. In particular they could make accusations and denunciations to the local alcalde mayor and governor, which they frequently did. The documents in this book show that Spanish Colonial women were aware of their rights and took advantage of them to assert themselves in the struggling communities of the New Mexican frontier. In the documents, the women are shown making complaints of theft, physical and verbal abuse by their husbands or other women, and of non-payment of dowries or other inheritance. Other documents are included showing men accusing women of misrepresenting property ownership and dowry payments and of adultery and slander. Spain was a legalistic society and both women and men used the courts to settle even minor matters. Because the court proceedings were written down by a scribe and stored in the archives, many documents still exist. From these, thirty-one have been selected allowing us to hear the words of some outspoken Spanish women and the sometimes angry men, speaking their minds in court about their spouses, lovers of their spouses, children, and relatives, as well as their land, livestock and expected inheritance. The documents transcribed and translated in this book are a small number of the existing documents held in Santa Fe at the Spanish Archives of New Mexico, at the Bancroft Library at University of California, the Archivo General de la Nacion in Mexico City, and elsewhere. A synopsis, editor’s notes, maps, and biographical notes are provided. The material can be considered a companion, in part, to Ralph Emerson Twitchell’s 1914 two volumes, The Spanish Archives of New Mexico, available in new editions from Sunstone Press. *** “This is an important work from Linda Tigges and Richard Salazar dealing with early eighteenth century women and the law. However their court cases were decided, these Spanish Colonial women were successful in the legacy they left for future generations. If you are a twelfth generation New Mexican or a newcomer, you will find this work priceless.” —Henrietta Martinez Christmas

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 Philip IV and the Government of Spain 1621 1665 written by R. A. Stradling and published by Cambridge University Press. This book was released on 2002-10-03 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on the political history of the reign of Philip IV, and the role of the king within it. Philip is kept near the forefront, and issues and events are often seen - if sometimes critically - from his viewpoint. It is, therefore, a work of revision and rehabilitation, representing an attempt (against all other extant accounts) to establish Philip IV as a positive figure, with an autonomous character and political identity. A secondary, supportive, intention is to demonstrate that after the fall of Olivares, the king ruled and governed without a favourite (valido). This is the central theme in the most detailed treatment of the second half of the reign available in any language. Reference is made throughout to Philip's own words and actions. At the same time, the Olivares period itself is approached from a new perspective, some issues being examined with the use of new material. Although not intended as a conventional biography, the book retains several characteristics of the form, in that it is a 'career-study', part thematic, part chronological. Philip IV is examined also in relation to the political writing of the age, and to his court and capital in Madrid.

Download or read book Crime Law and Popular Culture in Europe 1500 1900 written by Richard McMahon and published by Routledge. This book was released on 2013-06-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the relationship between crime, law and popular culture in Europe from the 16th century onwards, this title looks at how crime was understood and dealt with by ordinary people, as well as looking at to what degree official law and the criminal justice system was rejected as a means of dealing with criminal activity.

Download or read book Guardianship Gender and the Nobility in Early Modern Spain written by Grace E. Coolidge and published by Routledge. This book was released on 2016-12-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to early modern patriarchal assumptions, this study argues that rather trying to impose obedience or enclosure on women of their own rank and status, noblemen in early modern Spain depended on the active collaboration of noblewomen to maintain and expand their authority, wealth, and influence. While the image of virtuous, secluded, silent, and chaste women did bolster male authority in general and help to assure individual noblemen that their children were their own, the presence of active, vocal, and political women helped these same men move up the social ladder, guard their property and wealth, gain political influence, win legal battles, and protect their minor heirs. Drawing on a variety of documents-guardianships, wills, dowry and marriage contracts, lawsuits, genealogies, and a few letters-from the family archives of the nine noble families housed in the Osuna and Frías collections in Toledo, Guardianship, Gender and the Nobility in Early Modern Spain explores the lives and roles of female guardians. Grace Coolidge examines in detail the legal status of these women, their role within their families, and their responsibilities for the children and property in their care. To Spanish noblemen, Coolidge argues, the preservation of family, power, and lineage was more important than the prescriptive gender roles of their time, and faced with the emergency generated by the premature death of the male title holder, they consistently turned to the adult women in their families for help. Their need for support and for allies against their own mortality meant, in turn, that they expected and trained their female relatives to take an active part in the economic and political affairs of the family.

Download or read book Society and Economy in Early Modern Europe 1450 1789 written by Barry Taylor and published by Manchester University Press. This book was released on 1989 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Consumption of Justice written by Daniel Lord Smail and published by Cornell University Press. This book was released on 2013-08-15 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.

Download or read book The Madman and the Churchrobber written by Jason Peacey and published by Oxford University Press. This book was released on 2022 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century. Employing a rich cache of archival material, Jason Peacey traces legal contestation over time and through a range of different courts, as well as in Parliament and the public domain, and contends that a microhistorical approach makes it possible to shed valuable light upon the legal and political culture of early modern England, not least by comprehending how certain disputes became protracted and increasingly bitter, and why they fascinated contemporaries. This involves recognising the dynamic of litigation, in terms of how disputes changed over time, and how those involved in myriad lawsuits found legal reasons for prolonging contestation. It also involves exploring litigants' strategies and practices, as well as competing claims about the way in which adversaries behaved, and incompatible expectations of the legal system. Finally, it involves teasing out the structural issues in play, in terms of the social, cultural, and ideological identities of successive generations. Ultimately, this dispute is employed to address important historiographical debates surrounding the nature of civil litigation in early modern England, and to provide new ways of appreciating the nature, severity, and visibility of political and religious conflict in the decades before and after the English Revolution.

Download or read book Good Faith and Truthful Ignorance written by Alexandra Parma Cook and published by Duke University Press. This book was released on 1991 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Faith and Truthful Ignorance uncovers from history the fascinating and strange story of Spanish explorer Francisco Noguerol de Ulloa. in 1556, accompanied by his second wife, Francisco returned to his home in Spain after a profitable twenty-year sojourn in the new world of Peru. However, unlike most other rich conquistadores who returned to the land of their birth, Francisco was not allowed to settle into a life of leisure. Instead, he was charged with bigamy and illegal shipment of silver, was arrested and imprisoned. Francisco's first wife (thought long dead) had filed suit in Spain against her renegade husband. So begins the labyrinthine legal tale and engrossing drama of an explorer and his two wives, skillfully reconstructed through the expert and original archival research of Alexandra Parma Cook and Noble David Cook. Drawing on the remarkable records from the trial, the narrative of Francisco's adventures provides a window into daily life in sixteenth-century Spain, as well as the mentalité and experience of conquest and settlement of the New World. Told from the point of view of the conquerors, Francisco's story reveals not only the lives of the middle class and minor nobility but also much about those at the lower rungs of the social order and relations between the sexes. In the tradition of Carlo Ginzberg's The Cheese and the Worms and Natalie Zemon Davis' The Return of Martin Guerre, Good Faith and Truthful Ignorance illuminates an historical period--the world of sixteenth-century Spain and Peru--through the wonderful and unusual story of one man and his two wives.

Download or read book The Great Council of Malines in the 18th century written by An Verscuren and published by Springer. This book was released on 2014-10-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work studies the Great Council of Malines as an institution. It analyzes the Council’s internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns’ striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation.

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 Unfit For Marriage written by Edward J. Behrend-Martinez and published by University of Nevada Press. This book was released on 2014-10-21 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Catholic Church of early modern Europe intended the sacrament of matrimony to represent a lifelong commitment, and it allowed few grounds for the dissolution of an unhappy marriage. One was nonconsummation owing to the sexual impotency of one of the partners. Even then, an annulment was granted only after a church court had conducted a lengthy investigation of the case, soliciting testimony from numerous witnesses as well as from the aggrieved couple, and had subjected the allegedly impotent spouse (and sometimes both spouses) to an intimate physical examination. Edward J. Behrend-Martinez has studied the transcripts of eighty-three impotency trials conducted by the ecclesiastical court of Calahorra (La Rioja), a Spanish diocese with urban and rural parishes, both Basque and Castilian. From these records, he draws a detailed, fascinating portrait of private life and public sexuality in early modern Europe. These trials were far more than a salacious inquiry into the intimate details of other people’s lives. The church valued marital sex as a cornerstone of stable society, intended not only for procreation but also for maintaining domestic harmony. Every couple’s sex life, however private in practice or intention, was a matter of public and ecclesiastical concern. Unfit for Marriage offers vivid accounts of marital sex and the role that property, gender, and personal preference played in marriage in early modern Europe. It is essential reading for anyone interested in social history, sexuality, gender studies, canon law, legal history, and the history of divorce in western Europe.

Download or read book The Resilience of the Spanish Monarchy 1665 1700 written by Christopher Storrs and published by OUP Oxford. This book was released on 2006-10-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Storrs presents a fresh new appraisal of the reasons for the survival of Spain and its European and overseas empire under the last Spanish Habsburg, Carlos II (1665-1700). Hitherto it has been largely assumed that in the 'Age of Louis XIV' Spain collapsed as a military, naval and imperial power, and only retained its empire because states which had hitherto opposed Spanish hegemony came to Carlos's aid. However, this view seriously underestimates the efforts of Carlos II and his ministers to raise men to fight in Spain's various armies - above all in Flanders, Lombardy, and Catalonia - and to ensure that Spain continued to have galleons in the Atlantic and galleys in the Mediterranean. These commitments were expensive, so that the fiscal pressures on Carlos' subjects to fund the empire continued to be considerable. Not surprisingly, these demands added to the political tensions in a reign in which the succession problem already generated difficulties. They also put pressure on an administrative structure which revealed some weaknesses but which also proved its worth in time of need. The burden of empire was still largely carried in Spain by Castile (assisted by the silver of the Indies), but Spain's ability to hang onto empire was also helped by a greater integration of centre and periphery, and by the contribution of the non-Castilian territories, notably Aragon in Spain and Naples in Spanish Italy. This book radically revises our understanding of the last decades of Habsburg Spain. As Storrs demonstrates, it was a state and society more clearly committed to the retention of empire - and more successful in achieving this - than historians have hitherto acknowledged.