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Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities. Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
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 United States and Mexico trade many commodities, the most important of which are indispensable sources of energy—crude oil and agricultural labor. Mexican oil and workers provide cheap and reliable energy for the United States, while US petro dollars and agricultural jobs supply much-needed income for the Mexican economy. Mexico’s economic dependence on the United States is well-known, but The Politics of Dependency makes a compelling case that the United States is also economically dependent on Mexico. Expanding dependency theory beyond the traditional premise that weak countries are dominated by powerful ones, Martha Menchaca investigates how the United States and Mexico have devel...
This book addresses the importance of bilingualism in legal education. Written by respected experts in the field, it presents reports on bilingual legal education in countries with such diverse cultures and histories as Belgium, Canada, China, the Czech Republic, Finland, France, Germany, Italy, Japan, Mexico, Romania, Singapore, Taiwan and the USA. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
Mexico’s Reforma, the mid-nineteenth-century liberal revolution, decisively shaped the country by disestablishing the Catholic Church, secularizing public affairs, and laying the foundations of a truly national economy and culture. The Lawyer of the Church is an examination of the Mexican clergy’s response to the Reforma through a study of the life and works of Bishop Clemente de Jesús Munguía (1810–68), one of the most influential yet least-known figures of the period. By analyzing how Munguía responded to changing political and intellectual scenarios in defense of the clergy’s legal prerogatives and social role, Pablo Mijangos y González argues that the Catholic Church opposed ...
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...
Beginning with volume 41 (1979), the University of Texas Press became the publisher of the Handbook of Latin American Studies, the most comprehensive annual bibliography in the field. Compiled by the Hispanic Division of the Library of Congress and annotated by a corps of more than 130 specialists in various disciplines, the Handbook alternates from year to year between social sciences and humanities. The Handbook annotates works on Mexico, Central America, the Caribbean and the Guianas, Spanish South America, and Brazil, as well as materials covering Latin America as a whole. Most of the subsections are preceded by introductory essays that serve as biannual evaluations of the literature and research under way in specialized areas. The Handbook of Latin American Studies is the oldest continuing reference work in the field. Lawrence Boudon became the editor in 2000. The subject categories for Volume 58 are as follows: Electronic Resources for the Humanities Art History (including ethnohistory) Literature (including translations from the Spanish and Portuguese) Philosophy: Latin American Thought Music
Shows how the political turmoil of the Spanish American Wars of Independence allowed an upsurge in prize-taking activity by navies, privateers and pirates. Private maritime predation was integral to the Spanish American Wars of Independence. When colonists rebelled against Spanish rule in 1810 they deployed privateers - los corsarios insurgentes - to prosecute their revolutionary struggle at sea. Spain responded by commissioning privateers of its own, while the disintegration of Spanish authority in the New World created conditions in which unauthorised prize-taking - piracy - also flourished. This upsurge in privateering and piracy has been neglected by historians yet it posed a significant...
This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today. Contributors are: Anja Amend-Traut, Luisa Brunori, Dave De ruysscher, Stefania Gialdroni, Ulla Kypta, Bart Lambert, Annamaria Monti, Carlos Petit, and Bram Van Hofstraeten.
"The protection of individual rights was established for the first time in the Mexican constitution of the late nineteenth century and carried over into the 1917 revolutionary constitution. The author's asks, "How did judicial interpretation become a barrier to implementing labor legislation and agrarian land rights?"--Provided by publisher.