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 Memoria leida en la Academia Matritense De Jurisprudencia Y Legislaci n en la sesion inaugural del curso de 1874 75 written by Javier Ugarte y Pagés and published by . This book was released on 1874 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Silent Minority written by Susan Plann and published by Univ of California Press. This book was released on 1997-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides very important evidence that changes in institutional attitudes toward manual language can be traced to broader changes in the accepted conceptions of the nature of language. . . . [It] will prove to be a milestone in the developing discipline of deaf history."--Harlan Lane, author of The Mask of Benevolence

Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

Download or read book Memoria de los trabajos habidos en la Academia Matritense de Jurisprudencia y Legislaci n durante el curso de 1871 1872 written by Manuel Benayas y Portocarrero and published by . This book was released on 1872 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Journey written by John V. Apczynski and published by . This book was released on 1998-08-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Acta De La Sesion Inaugural De La Academia Matritense De Jurisprudencia Y Legislacion written by Academia Matritense de Jurisprudencia Y and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a document recording the inaugural session of the Academia Matritense de Jurisprudencia y Legislacion, which took place in Madrid on November 17, 1854. The academy was founded to promote legal education and research in Spain, and it continues to operate today. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book Memoria rese a extensa de las disertaciones discusiones p blicas y dem s trabajos habidos en la Academia Matritense de Jurisprudencia y Legislaci n durante el a o acad mico de 1870 1871 written by Ulpiano González de Olañeta (Vizconde de los Antrines.) and published by . This book was released on 1871 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law and People in Colonial America written by Peter Charles Hoffer and published by Johns Hopkins University Press. This book was released on 2019-11-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.

Download or read book Constituting Empire written by Daniel J. Hulsebosch and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Download or read book Law and the Transformation of Aztec Culture 1500 1700 written by Susan Kellogg and published by University of Oklahoma Press. This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Susan Kellogg explains how Spanish law served as an instrument of cultural transformation and adaptation in the lives of Nahuatl-speaking peoples during the years 1500-1700 - the first two centuries of colonial rule. She shows that law had an impact on numerous aspects of daily life, especially gender relations, patterns of property ownership and transmission, and family and kinship organization. Based on a wide array of local-level Spanish and Nahuatl documentation and an intensive analysis of seventy-three lawsuits over property involving Indians residing in colonial Mexico City (Tenochtitlan), this work reveals how legal documentation offers important clues to attitudes and perceptions. Although Kellogg's analysis reflects contemporary and theoretical developments in social and literary theory, it also applies a unique ethnographic and textual approach to the subject.

Download or read book Humanism and America written by Andrew Fitzmaurice and published by Cambridge University Press. This book was released on 2003-02-27 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanism and America provides a major study of the impact of the Renaissance and Renaissance humanism upon the English colonization of America. The analysis is conducted through an interdisciplinary examination of a broad spectrum of writings on colonization, ranging from the works of Thomas More to those of the Virginia Company. Andrew Fitzmaurice shows that English expansion was profoundly neo-classical in inspiration, and he excavates the distinctively humanist tradition that informed some central issues of colonization: the motivations of wealth and profit, honour and glory; the nature of and possibilities for liberty; and the problems of just title, including the dispossession of native Americans. Dr Fitzmaurice presents a colonial tradition which, counter to received wisdom, is often hostile to profit, nervous of dispossession and desirous of liberty. Only in the final chapters does he chart the rise of an aggressive, acquisitive and possessive colonial ideology.

Download or read book The Nahuas After the Conquest written by James Lockhart and published by Stanford University Press. This book was released on 1994-09-01 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A monumental achievement of scholarship, this volume on the Nahua Indians of Central Mexico (often called Aztecs) constitutes our best understanding of any New World indigenous society in the period following European contact. Simply put, the purpose of this book is to throw light on the history of Nahua society and culture through the use of records in Nahuatl, concentrating on the time when the bulk of the extant documents were written, between about 1540-50 and the late eighteenth century. At the same time, the earliest records are full of implications for the very first years after contact, and ultimately for the preconquest epoch as well, both of which are touched on here in ways that are more than introductory or ancillary.

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 Postconquest Coyoacan written by Rebecca Horn and published by Stanford University Press. This book was released on 1997 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nahua-Spanish contact was not limited to formal political and economic settings. The author describes the development of Spanish estates and the market economy, which opened up a new arena of cultural contact in the countryside. In bringing Nahuas and Spaniards together in this study, the book explores the changing contours of their relationship in Central Mexico, emphasizing informal interethnic contact in the making of both the Spanish colonial economy and postconquest Nahua society.

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 The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.