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Book
xiii, 361 pages : illustrations, maps ; 24 cm
  • Introduction : why is it enlightenment?
  • Agents and powers : litigants and writers in the courts
  • Derecho and law : legal enlightenment in philosophy and policy
  • Numbers and values : counting cases in the Spanish empire
  • Pleitos and lawsuits : conjugal conflicts in civil courts
  • Then and now : native status and custom
  • Being and becoming : freedom and slave lawsuits
  • Conclusion : why not enlightenment?
  • Appendix I : Archival methods
  • Appendix II : Analysis of civil litigation over time.
This is a history not of an Enlightenment but rather the Enlightenment-the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. Its principal protagonists, rather than members of a cosmopolitan Republic of Letters, 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, it 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 book is intensely empirical even as it is sly situated within current theoretical debates about imperial geographies of history. The Enlightenment on Trial offers readers new insight into how legal documents were made, 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 them 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.
(source: Nielsen Book Data)9780190638733 20170327
Green Library
Book
vi, 259 pages ; 21 cm.
  • Introduction: New horizons of Derecho Indiano / Thomas Duve, Heikki Pihlajamäki
  • Spanish American and British American law as mirrors to each other : implications of the missing Derecho Británico Indiano / Richard J. Ross
  • Revisiting the America's colonial status under the Spanish monarchy / Rafael D. García Pérez
  • Did European law turn American? Territory, property and rights in an Atlantic world / Tamar Herzog
  • The Westernization of police regulation : Spanish and British colonial laws compared / Heikki Pihlajamäki
  • The theater of conscience in the "living law" of the Indies / Brian P. Owensby
  • Víctor Tau Anzoátegui and the legal historiography of the Indies / Ezequiel Abásolo
  • Between America and Europe : the strange case of the Derecho Indiano / Luigi Nuzzo
  • More than just vestiges : notes for the study of colonial law history in Spanish America after 1808 / Marta Lorente Sariñena
  • Provincial and local law of the Indies : a research program / Víctor Tau Anzoátegui.
Law Library (Crown)
Book
xiii, 361 pages : illustrations, maps ; 24 cm
  • Introduction: Why is it enlightenment?
  • Agents and powers : litigants and writers in the courts
  • Derecho and law : legal enlightenment in philosophy and policy
  • Numbers and values : counting cases in the Spanish empire
  • Pleitos and lawsuits : conjugal conflicts in civil courts
  • Then and now : native status and custom
  • Being and becoming : freedom and slave lawsuits
  • Conclusion: Why not enlightenment?
This is a history not of an Enlightenment but rather the Enlightenment-the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. Its principal protagonists, rather than members of a cosmopolitan Republic of Letters, 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, it 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 book is intensely empirical even as it is sly situated within current theoretical debates about imperial geographies of history. The Enlightenment on Trial offers readers new insight into how legal documents were made, 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 them 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.
(source: Nielsen Book Data)9780190638733 20170502
Law Library (Crown)
Book
x, 267 pages ; 21 cm.
  • Introducción: Entre Castilla y las Indias
  • La idea de Derecho en la colonización española en América
  • ¿Humanismo Jurídico en el Mundo Hispánico? : A propósito
  • El Gobierno del Perú de Juan de Matienzo : En la senda del humanismo jurídico
  • La Víctima Real Legal de Álvarez de Abreu en el pensamiento indiano
  • La doctrina de los autores como fuente del Derecho catellano-indiano
  • Entre leyes, glosas y comentos : El episodo de la Recopilación
  • El ejemplar, otro modo de creación jurídica indiana
  • Lo noción de Justicia en la Política Indiana de Solórzano
  • La variedad indiana, una clave de la concepción jurídica de Juan de Solórzano
  • La disimulación en el Derecho Indiano
  • El Abogoad del Cabildo de Buenos Aires durante el Virreinato.
"This study of the history of Derecho Indiano proposes to analyze the role played by the Spanish-American jurist in the New World, as both elaborator as well as a practioner of an art and a practice. While contributing to the development of public authority within a new society, the jurist faced episodes, realities, and circumstances of huge diversity."-- Back cover.
Law Library (Crown)

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