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Decolonizing Constitutionalism
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Gentlemen, Bourgeois, and Revolutionaries
The traditional interpretation of the crisis of the Spanish Old Regime is to see it as a revolution carried out by an ascendant bourgeoisie. Professor Cruz challenges this viewpoint by arguing that in Spain, as in the rest of continental Europe, a national bourgeoisie did not exist before the second half of the nineteenth century. Consequently, the model of bourgeois revolution proves inadequate to explain any movement toward modernisation before 1850. Historiography based on the bourgeois revolution theory portrays Spain as an exceptional model whose main feature is the 'failure' produced by the immobility of its ruling class. This work re-examines that understanding, and relocates Spain in the mainstream for industrialisation, urbanisation and democratisation that characterise the history of modern Europe.
Making Modern Spain
In this elegantly written study, Alfante explores the work of select nineteenth-century writers, intellectuals, journalists, politicians, and clergy who responded to cultural and spiritual shifts caused by the movement toward secularization in Spain. Focusing on the social experience, this book probes the tensions between traditionalism and liberalism that influenced public opinion of the clergy, sacred buildings, and religious orders. The writings of Cecilia Böhl de Faber (Fernán Caballero), Gustavo Adolfo Bécquer, Benito Pérez Galdós, and José María de Pereda addressed conflicts between modernizing forces and the Catholic Church about the place of religion and its signifiers in Spanish society. Foregrounding expropriation (government confiscation of civil and ecclesiastical property) and exclaustration (the expulsion of religious communities), and drawing on archival research, the history of disentailment, cultural theory, memory studies, and sociology, Alfante demonstrates how Spain’s liberalizing movement profoundly influenced class mobility and faith among the populace.
The King's Living Image
To rule their vast new American territories, the Spanish monarchs appointed viceroys in an attempt to reproduce the monarchical system of government prevailing at the time in Europe. But despite the political significance of the figure of the viceroy, little is known about the mechanisms of viceregal power and its relation to ideas of kingship. Examining this figure, The King's Living Image challenges long-held perspectives on the political nature of Spanish colonialism, recovering, at the same time, the complexity of the political discourses and practices of Spanish rule. It does so by studying the viceregal political culture that developed in New Spain in the sixteenth and seventeenth cent...
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.
The Darker Side of Western Modernity
DIVA new and more concrete understanding of the inseparability of colonialism and modernity that also explores how the rhetoric of modernity disguises the logic of coloniality and how this rhetoric has been instrumental in establishing capitalism as the econ/div
Sins of the Fathers
Sins of the Fathers considers sins as nodes of cultural anxiety and explores the tensions between competing organizational categories for moral thought and behaviours, namely the Seven Deadly Sins and the Ten Commandments. Hilaire Kallendorf explores the decline and rise of these organizational categories against critical transformations of the early modern period, such as the accession of Spain to a position of world dominance and the arrival of a new courtly culture to replace an old warrior ethos. This ground-breaking study is the first to consider Spanish Golden Age comedias as an archive of moral knowledge. Kallendorf has examined over 800 of these plays to illustrate how they provide insight into aspects of early modern experience such as food, sex, work, and money. Finally, Kallendorf engages the theoretical terminology of Marxist literary criticism to demonstrate the inherent ambiguity of cultural change.
Odious Debt
What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas. With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring rol...
Indigenous Peoples in International Law
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Changing Actors in International Law
Changing Actors in International Law explores actors other than the ‘state’ in international law with a particular focus on under-researched actors or others that do not easily fit the category of a non-state actor (such as quasi-states, trans-government networks, Indigenous Peoples and self-determination claimant groups). It also examines less well studied aspects of otherwise well-researched actors such as individuals, corporations, NGOs and armed organised groups. In Part 1 of this book, authors examine the role and consequences of the participation of those actors in the process of international law creation. In Part 2, authors focus on the extent to which these actors can be held responsible under international law for its breach and their participation in traditional and non-traditional dispute resolution processes.
