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Innovation and Transition in Law: Experiences and Theoretical Settings
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Spatial and Temporal Dimensions for Legal History
http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a...
A Tale of Two Granadas
In 1570's New Kingdom of Granada (modern Colombia), a new generation of mestizo (half-Spanish, half-indigenous) men sought positions of increasing power in the colony's two largest cities. In response, Spanish nativist factions zealously attacked them as unequal and unqualified, unleashing an intense political battle that lasted almost two decades. At stake was whether membership in the small colonial community and thus access to its most lucrative professions should depend on limpieza de sangre (blood purity) or values-based integration (Christian citizenship). A Tale of Two Granadas examines the vast, trans-Atlantic transformation of political ideas about subjecthood that ultimately allowed some colonial mestizos and indios ladinos (acculturated natives) to establish urban citizenship alongside Spaniards in colonial Santafé de Bogotá and Tunja. In a spirit of comparison, it illustrates how some of the descendants of Spain's last Muslims appealed to the same new conceptions of citizenship to avoid disenfranchisement in the face of growing prejudice.
International Law and History
The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
Remoteness Reconsidered
When the margin IS the center, perspectives shift
Corruption and Justice in Colonial Mexico, 1650–1755
Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
The Production of Knowledge of Normativity in the Age of the Printing Press
This volume explores the production of knowledge of normativity in the age of early modern globalisation by looking at an extraordinarily pragmatic and normative book: Manual de Confessores, by the Spanish canon law professor Martín de Azpilcueta (1492-1586). Intertwining expertise, methods, and questions of legal history and book history, this book follows the actors and analyses the factors involved in the production, circulation, and use of the Manual, both in printed and manuscript forms, in the territories of the early modern Iberian Empires and of the Catholic Church. It convincingly illustrates the different dynamics related to the materiality of this object that contributed to “glocal” knowledge production. Contributors are: Samuel Barbosa, Manuela Bragagnolo, Christiane Birr, Luisa Stella de Oliveira Coutinho Silva, Byron Ellsworth Hamann, Idalia García Aguilar, Pedro Guibovich Pérez, Natalia Maillard Álvarez, César Manrique Figueroa, Stuart M. McManus, Yoshimi Orii, David Rex Galindo, Airton Ribeiro, and Pedro Rueda Ramírez.
Corruption, Anti-Corruption, Vigilance, and State Building from Early to Late Modern Times
Corruption, Anti-Corruption, Vigilance, and State Building from Early to Late Modern Times challenges current historiographical approaches, proposing new interpretations to rethink the relation between corruption and the socio-political and economic transformations since early globalisation. By adopting both transnational and long-term approaches, the book explores the historical dimension of notions such as accountability, transparency, and vigilance in their immediate political, social, and legal contexts. The starting point is to view corruption not as a moral category that emerged in 1789 to delegitimise past, foreign or present state systems, but as a constantly contested concept that must also be historicised in past societies. The collection revisits chronologies and examines different local, regional, and national frames, highlighting that the path to modernity was contested and affected by a variety of unique circumstances, such as revolutions and external political powers. Building on the latest research and offering new methods of inquiry, this book is a compelling resource for academics interested in political history and the history of corruption.
International Law and Marine Areas beyond National Jurisdiction
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
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.
