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Estudos de história e historiografia do direito em homenagem ao professor António Manuel Hespanha
O professor António Manuel Hespanha foi, seguramente, um dos maiores historiadores do direito de todos os tempos. Em 2019, deixou-nos precocemente, e não poderíamos nos furtar a uma singelíssima homenagem, porquanto a sua obra tanto nos tem influenciado. Sendo assim, um grupo de pesquisadores na área – do Brasil ao exterior – escreveu a partir de António Manuel Hespanha, brindando o público com uma coletânea que resgata, em parte, sua história e sua historiografia.
Filhos Da Terra
Filhos da Terra narrates the history over time of the so-called 'Portuguese communities' living outside the boundaries of the Portuguese Empire but identified locally and by other European empires as 'Portuguese'. António Manuel Hespanha sets the stage to analyse a process of creolization between 1415 and 1800 that warrants future critical and comparative considerations.
The Iberian World
The Iberian World: 1450–1820 brings together, for the first time in English, the latest research in Iberian studies, providing in-depth analysis of fifteenth- to early nineteenth-century Portugal and Spain, their European possessions, and the African, Asian, and American peoples that were under their rule. Featuring innovative work from leading historians of the Iberian world, the book adopts a strong transnational and comparative approach, and offers the reader an interdisciplinary lens through which to view the interactions, entanglements, and conflicts between the many peoples that were part of it. The volume also analyses the relationships and mutual influences between the wide range o...
A Companion to Latin American Legal History
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 ne...
Knowledge of the Pragmatici
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.
New Horizons in Spanish Colonial Law
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 t...
Politics and the Arts in Lisbon and Rome
Dealing with a complex king, this edited collection elucidates a monarch's vision of Rome that deeply affected his political choices and cultural policy during the first half of the eighteenth-century. John V of Portugal became king in 1707 in a pivotal moment for the European balance of power. The Kingdom of Portugal was still demanding the same privileges as its powerful neighbours and the relation with Rome was considered a vehicle to obtain them. Arts and music had a special and unprecedented place in the king's plans and this book approaches that dynamic from several interdisciplinary perspectives. The unifying thread across this book's chapters remains the omnipresence of Rome as a paradigm on several levels: political, religious, intellectual, artistic, and musical. Rather than providing an exhaustive analysis of the period as a whole, this study offers a fresh approach for English readers to this classic, but little known, topic in Portuguese national historiography.
Towards a Four-Tiered Model of Mediation
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
Norms beyond Empire
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.
