El Jurista En El Nuevo Mundo
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El Jurista En El Nuevo Mundo
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Author : Víctor Tau Anzoátegui
language : es
Publisher: Max Planck Institute for European Legal History
Release Date : 2016-08-01
El Jurista En El Nuevo Mundo written by Víctor Tau Anzoátegui and has been published by Max Planck Institute for European Legal History this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-01 with Law categories.
http://dx.doi.org/10.12946/gplh7http://www.epubli.de/shop/buch/54963"The present work addresses the history of Derecho Indiano (Spanish Colonial Law) and proposes to examine the role played by Indiano-Castilian jurists in the New World as creators and enforcers of a science and the practice of law. They were given the task of organising and developing public authorities as well as the new society, and in their engagement with the temporary institutions, they were confronted with realities and situations as diverse as they themselves proclaimed them to be. The works brought together in this volume originally appeared in journals and collected works from different countries, and they are now being presented here in a revised edition. Castile was the kingdom overseeing the expansion across the Atlantic; an expansion to lands and peoples unknown to Europeans up till that point in time. The jurists who worked under these new and challenging circumstances belonged to the Castilian tradition, and they were immersed in this tradition not only due to their university education, but also as a result of their cultural environment and the very structure of the governing bodies and justice system of the kingdom. The confrontation with a reality that was, in so many respects, different from that of the Peninsular – as could already clearly be seen in accounts written by conquistadors, missionaries and the authorities from the early days – encouraged jurists to search for solutions to the new problems that had arisen. Over the years, this led to the creation of what would eventually shape a heterogeneously composed normative corpus, both in civil and canon terms. The differences between the Indiano and Castilian systems were marked to the point that it became a widely accepted truth that the Indiano order could not be fully understood or taken into account either by the advisors of Castile or the lawyers who travelled to the Americas with no prior knowledge of this particular law. Jurists who were born or based in the Indiano provinces would often come to discover the “constitutional discourse” of the monarchy; in other words, they experienced the unfolding plot, so to speak, not through theory, but rather through the impetus provided by the possible solutions to the numerous issues that had arisen. Although Castilian legal literature, which exerted a powerful influence, was present and being circulated throughout the Americas, preferences when it came to specific authors and legal bodies were as different as the readings and interpretations made of them. Several criteria both general and specific in nature took shape. Consequently, “local contexts”, for example, were often discussed in the application of general norms and the “customary background” was similarly taken into account."
Gamboa S World
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Author : Christopher Albi
language : en
Publisher: University of New Mexico Press
Release Date : 2021
Gamboa S World written by Christopher Albi and has been published by University of New Mexico Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Judges categories.
Gamboa's World examines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico. Of Basque descent, Gamboa rose from an impoverished childhood in Guadalajara to the top of the judicial hierarchy in New Spain. He practiced law in Mexico City in the 1740s, represented Mexican merchants in Madrid in the late 1750s, published an authoritative commentary on mining law in 1761, and served for three decades as an Audiencia magistrate. In 1788 he became the first locally born regent, or chief justice, of the High Court of New Spain. In this important work, Christopher Albi shows how Gamboa's forgotten career path illuminates the evolution of colonial legal culture and how his arguments about law and justice remain relevant today as Mexico debates how to strengthen the rule of law.
A Companion To Early Modern Spanish Imperial Political And Social Thought
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Author :
language : en
Publisher: BRILL
Release Date : 2020-01-29
A Companion To Early Modern Spanish Imperial Political And Social Thought written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-29 with History categories.
This volume offers an account from a legal, theological and philosophical point of view of the historical and conceptual intricacies of the debates about the imperial expansion of the early modern Spanish monarchy.
The Power Of The Dispersed
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Author : Cornel Zwierlein
language : en
Publisher: BRILL
Release Date : 2021-12-20
The Power Of The Dispersed written by Cornel Zwierlein and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-20 with History categories.
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.
Knowledge Of The Pragmatici
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Author :
language : en
Publisher: BRILL
Release Date : 2020-03-31
Knowledge Of The Pragmatici written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-31 with Law categories.
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.
A Companion To Latin American Legal History
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Author :
language : en
Publisher: BRILL
Release Date : 2023-12-04
A Companion To Latin American Legal History written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-04 with Law categories.
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.
Corruption And Justice In Colonial Mexico 1650 1755
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Author : Christoph Rosenmüller
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-02
Corruption And Justice In Colonial Mexico 1650 1755 written by Christoph Rosenmüller and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with History categories.
Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
The State Of Nature Histories Of An Idea
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Author :
language : en
Publisher: BRILL
Release Date : 2021-12-13
The State Of Nature Histories Of An Idea written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
Combining intellectual history with current concerns, this volume brings together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature.
The School Of Salamanca A Case Of Global Knowledge Production
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Author :
language : en
Publisher: BRILL
Release Date : 2021-03-01
The School Of Salamanca A Case Of Global Knowledge Production written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-01 with Law categories.
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.
Norms Beyond Empire
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Author :
language : en
Publisher: BRILL
Release Date : 2021-11-15
Norms Beyond Empire written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
Norms beyond Empire seeks to rethink the relationship between law and empire by emphasizing the role of local normative production. While European imperialism is often viewed as being able to shape colonial law and government to its image, this volume argues that early modern empires could never monolithically control how these processes unfolded. Examining the Iberian empires in Asia, it seeks to look at norms as a means of escaping the often too narrow concept of law and look beyond empire to highlight the ways in which law-making and local normativities frequently acted beyond colonial rule. The ten chapters explore normative production from this perspective by focusing on case studies from China, India, Japan, and the Philippines. Contributors are: Manuel Bastias Saavedra, Marya Svetlana T. Camacho, Luisa Stella de Oliveira Coutinho Silva, Rômulo da Silva Ehalt, Patricia Souza de Faria, Fupeng Li, Miguel Rodrigues Lourenço, Abisai Perez Zamarripa, Marina Torres Trimállez, and Ângela Barreto Xavier.