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The Legal Culture of Northern New Spain, 1700-1810
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Mulatto · Outlaw · Pilgrim · Priest: The Legal Case of José Soller, Accused of Impersonating a Pastor and Other Crimes in Seventeenth-century Spain
In Mulatto · Outlaw · Pilgrim · Priest, John K. Moore, Jr. presents the first in-depth study, critical edition, and scholarly translation of His Majesty’s Representative v. José Soller, Mulatto Pilgrim, for Impersonating a Priest and Other Crimes. This legal case dates to the waning days of the Hapsburg Spanish empire and illuminates the discrimination those of black-African ancestry could face—that Soller did face while attempting to pass freely on his pilgrimage from Lisbon to Santiago de Compostela and beyond. This bilingual edition and study of the criminal trial against Soller is important for reconstructing his journey and for revealing at least in part the de facto and de jure treatment of mulattos in the early-modern Iberian Atlantic World.
Order and Chivalry
Knighthood and chivalry are commonly associated with courtly aristocracy and military prowess. Instead of focusing on the relationship between chivalry and nobility, Jesús D. Rodríguez-Velasco asks different questions. Does chivalry have anything to do with the emergence of an urban bourgeoisie? If so, how? And in a more general sense, what is the importance of chivalry in inventing and modifying a social class? In Order and Chivalry, Rodríguez-Velasco explores the role of chivalry in the emergence of the middle class in an increasingly urbanized fourteenth-century Castile. The book considers how secular, urban knighthood organizations came to life and created their own rules, which diffe...
We, the King
We, the King challenges the dominant top-down interpretation of the Spanish Empire and its monarchs' decrees in the New World, revealing how ordinary subjects had much more say in government and law-making than previously acknowledged. During the viceregal period spanning the post-1492 conquest until 1598, the King signed more than 110,000 pages of decrees concerning state policies, minutiae, and everything in between. Through careful analysis of these decrees, Adrian Masters illustrates how law-making was aided and abetted by subjects from various backgrounds, including powerful court women, indigenous commoners, Afro-descendant raftsmen, secret saboteurs, pirates, sovereign Chiriguano Indians, and secretaries' wives. Subjects' innumerable petitions and labor prompted – and even phrased - a complex body of legislation and legal categories demonstrating the degree to which this empire was created from the “bottom up”. Innovative and unique, We, the King reimagines our understandings of kingship, imperial rule, colonialism, and the origins of racial categories.
Humanities
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
Inventing American Exceptionalism
A highly engaging account of the developments not only legal, but also socioeconomic, political, and cultural that gave rise to Americans distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial dominated by dueling larger-than-life lawyers undertaking grand public performances that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources and by recovering neglected influences (including from Europe) the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.
Social Rights and the Politics of Obligation in History
A pioneering study in the history of social rights, filling a significant gap in human rights scholarship and practice.
Dead Voice
An exploration of the thirteenth-century law code known as Siete Partidas Conceived and promulgated by Alfonso X, King of Castile and León (r. 1252-1282), and created by a workshop of lawyers, legal scholars, and others, the set of books known as the Siete Partidas is both a work of legal theory and a legislative document designed to offer practical guidelines for the rendering of legal decisions and the management of good governance. Yet for all its practical reach, which extended over centuries and as far as the Spanish New World, it is an unusual text, argues Jesús R. Velasco, one that introduces canon and ecclesiastical law in the vernacular for explicitly secular purposes, that embrac...
