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Guardianship, Gender, and the Nobility in Early Modern Spain
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...
Guardianship, Gender, and the Nobility in Early Modern Spain
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...
Alfonso X, the Justinian of His Age
In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.
The History of Courts and Procedure in Medieval Canon Law
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more deta...
Children of the Father King
In a pioneering study of childhood in colonial Spanish America, Bianca Premo examines the lives of youths in the homes, schools, and institutions of the capital city of Lima, Peru. Situating these young lives within the framework of law and intellectual history from 1650 to 1820, Premo brings to light the colonial politics of childhood and challenges readers to view patriarchy as a system of power based on age, caste, and social class as much as gender. Although Spanish laws endowed elite men with an authority over children that mirrored and reinforced the monarch's legitimacy as a colonial "Father King," Premo finds that, in practice, Lima's young often grew up in the care of adults--such as women and slaves--who were subject to the patriarchal authority of others. During the Bourbon Reforms, city inhabitants of all castes and classes began to practice a "new politics of the child," challenging men and masters by employing Enlightenment principles of childhood. Thus the social transformations and political dislocations of the late eighteenth century occurred not only in elite circles and royal palaces, Premo concludes, but also in the humble households of a colonial city.
Anuario de Historia del Derecho Español (tomo XC, 2020)
Este Anuario, fundado por Claudio Sánchez Albornoz en 1924, recoge las aportaciones de los historiadores del Derecho español, así como otras de los historiadores, juristas e investigadores de la Historia del Derecho. Este Tomo correspondiente a la anualidad 2020 incorpora las habituales secciones de Estudios, Miscelánea, Documentos, Historiografía y Bbliografía. Y otras como Varia, con Noticias, Premios y Distinciones y Obituarios. ISSN: 0304-4319 (edición en papel) 2659-8981 (edición en línea, pdf)
