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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.
Profit and Passion
Colonial documents and works of literature from early modern Spain are rife with references to public women, whores, and prostitutes. In Profit and Passion, Nicole von Germeten offers a new history of the women who carried and resisted these labels of ill repute. The elusive, ever-changing terminology for prosecuted women voiced by kings, jurists, magistrates, inquisitors, and bishops, as well as disgruntled husbands and neighbors, foreshadows the increasing regulation, criminalization, and polarizing politics of modern global transactional sex. The author’s analysis concentrates on the words women spoke in depositions and court appearances, and how their language changed over time, pointing to a broader transformation in the history of sexuality, gender, and the ways in which courts and law enforcement processes affected women.
Intimate Politics
This book places the intimate experience of fertility control at the heart of political and social approaches toward women’s bodies. Across the globe, women have always controlled their fertility through intimate efforts ultimately tied to larger political processes and gendered power dynamics. Women’s biological reproductive capabilities have been contested sites of power struggles, shaping the formation, rule, and dissolution of political regimes throughout history. Yet these intersections between the intimate and the political remain understudied in the historical literature. This book explores these questions from the perspective of multiple time periods, geographic locations, actors...
The Age of Mass Child Removal in Spain
This text examines the ideas and practices underpinning state removal of children. Early twentieth century Spanish juvenile courts were involved in taking children from poor families, families displaced by war, and from political opponents. This study captures the voice and agency of the marginalized children and parents affected by mass removals.
Unsettling Colonialism
Unsettling Colonialism illuminates the interplay of race and gender in a range of fin-de-siècle Spanish narratives of empire and colonialism, including literary fictions, travel narratives, political treatises, medical discourse, and the visual arts, across the global Hispanic world. By focusing on texts by and about women and foregrounding Spain's pivotal role in the colonization of the Americas, Africa, and Asia, this book not only breaks new ground in Iberian literary and cultural studies but also significantly broadens the scope of recent debates in postcolonial feminist theory to account for the Spanish empire and its (former) colonies. Organized into three sections: colonialism and women's migrations; race, performance, and colonial ideologies; and gender and colonialism in literary and political debates, Unsettling Colonialism brings together the work of nine scholars. Given its interdisciplinary approach and accessible style, the book will appeal to both specialists in nineteenth-century Iberian and Latin American studies and a broader audience of scholars in gender, cultural, transatlantic, transpacific, postcolonial, and empire studies.
The Formation and Transmission of Western Legal Culture
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their p...
Forced Migration in the Spanish Pacific World
An exploration of the deportation of Mexican military recruits and vagrants to the Philippines between 1765 and 1811.
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...
Wall to Wall: Law as Culture in Latin America and Spain
'Wall to Wall: Law as Culture in Latin America and Spain' comprises interventions from a wide array of scholars based in the US, Spain, and Latin America, exploring the encounter of Hispanophone cultures and the law. Its contributors delineate a fraught relationship of complicity, negotiation, and outright confrontation covering five centuries and a truly global landscape, from Inquisitorial processes at the onset of the Spanish Empire to last-ditch plans to preserve it in the 19th century Philippines, to the challenges to contemporary articulations of the nation-state in Catalonia. Beyond single, specialized time-period and national cultures, 'Wall to Wall' embraces and showcases the hetero...
