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Ownership Paradigms in American Civil Law Jurisdictions
In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.
Bárbaros
Two centuries after CortÉs and Pizarro seized the Aztec and Inca empires, Spain's conquest of America remained unfinished. Indians retained control over most of the lands in Spain's American empire. Mounted on horseback, savvy about European ways, and often possessing firearms, independent Indians continued to find new ways to resist subjugation by Spanish soldiers and conversion by Spanish missionaries. In this panoramic study, David J. Weber explains how late eighteenthcentury Spanish administrators tried to fashion a more enlightened policy toward the people they called bÁrbaros, or "savages." Even Spain's most powerful monarchs failed, however, to enforce a consistent, well-reasoned po...
Crime and the Administration of Justice in Buenos Aires, 1785-1853
Crime and the Administration of Justice in Buenos Aires, 1785-1853, analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the postcolonial penal system, from the installation of the second Audiencia (the superior justice tribunal in the viceroyalty of Río de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of interregional organization and codification began. Through analysis of criminal cases, Barreneche shows how different interpretations of liberalism, the changing roles of the new police and the military, and the institutionalization of education all contributed to the debate on penal reform during Argentina's transition from colony to state. Only through understanding the historical development of legal and criminal procedures can contemporary social scientists come to grips with the struggle between democracy and authoritarianism in modern Argentina.
The Case of the Ugly Suitor
"In the courtrooms of nineteenth-century Buenos Aires, children battled parents in order to fulfill their romantic desires and marry the mate of their choice. Parents and guardians also struggled for custody of young children: some did this out of love, while others were greedy for child labor. In courtrooms and elsewhere, women challenged their traditional status as social and intellectual inferiors. Though all these struggles existed in earlier times, the nineteenth century injected a new dynamic into such conflicts: Argentina's revolution against Spain and the subsequent attempts by political and intellectual leaders to craft a new nation out of the vestiges of Spanish colonialism."--BOOK JACKET.
The Legal Culture of Northern New Spain, 1700-1810
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Negotiated Empires
In this innovative volume, leading historians of the early modern Americas examine the subjects of early modern, continuing colonization, and the relations between established colonies and frontiers of settlement. Their original essays about centers and peripheries in Spanish, Portuguese, French, Dutch, and British America invite comparison.
The Intimate Frontier
For millennia friendships have framed the most intimate and public contours of our everyday lives. In this book, Ignacio Martínez tells the multilayered story of how the ideals, logic, rhetoric, and emotions of friendship helped structure an early yet remarkably nuanced, fragile, and sporadic form of civil society (societas civilis) at the furthest edges of the Spanish Empire. Spaniards living in the isolated borderlands region of colonial Sonora were keen to develop an ideologically relevant and socially acceptable form of friendship with Indigenous people that could act as a functional substitute for civil law and governance, thereby regulating Native behavior. But as frontier society gre...
Acting on Faith
Acting on Faith deftly examines the role of religious discourse in processes of economic development by exploring a case study based on twelve months of intensive qualitative research examining the role of small, Catholic non-government organizations (NGOs) in indigenous communities in northwest Argentina. The difficulty facing the communities and their associated NGOs is how to create conditions that ameliorate poverty, without undermining cultural values.
The Taylorized Beauty of the Mechanical
The dream of scientific management was a rationalized machine world where life would approach the perfection of an assembly line. But since its early twentieth-century peak this dream has come to seem a dehumanizing nightmare. Henry Ford's assembly lines turned out a quarter of a million cars in 1914, but all of them were black. Forgotten has been the unparalleled new aesthetic beauty once seen in the ideas of Ford and scientific management pioneer Frederick Winslow Taylor. In The Taylorized Beauty of the Mechanical, Mauro Guillén recovers this history and retells the story of the emergence of modernist architecture as a romance with the ideas of scientific management--one that permanently ...
The Western Codification of Criminal Law
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
