the enlightenment on trial ordinary litigants and colonialism in the spanish empire

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The Enlightenment On Trial

Author : Bianca Premo
ISBN : 9780190638740
Genre : History
File Size : 78. 30 MB
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This is a history of the Enlightenment--the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. But rather than members of a cosmopolitan Republic of Letters, its principal protagonists are non-literate, poor, and enslaved litigants who sued their superiors in the royal courts of Spain's American colonies. Despite growing evidence of the Hispanic world's contributions to Enlightenment science, the writing of history, and statecraft, the region is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century Spanish Americans' active production of concepts fundamental to modern law. The Enlightenment on Trial offers readers new insight into how Spanish imperial subjects created legal documents, fresh interpretations of the intellectual transformations and legal reform policies of the period, and comparative analysis of the volume of civil suits from six regions in Mexico, Peru and Spain. Ordinary litigants in the colonies--far more often than peninsular Spaniards--sued superiors at an accelerating pace in the second half of the eighteenth century. Three types of cases increased even faster than a stunning general rise of civil suits in the colonies: those that slaves, native peasants and women initiated against masters, native leaders and husbands. As they entered court, these litigants advanced a new law-centered culture distinct from the casuistic, justice-oriented legal culture of the early modern period. And they did so at precisely the same time that a few bright minds of Europe enshrined new ideas in print. The conclusion considers why, if this is so, the Spanish empire has remained marginal to the story of the advent of the modern West.

Bianca Premo The Enlightenment On Trial Ordinary Litigants And Colonialism In The Spanish Empire

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ISBN : OCLC:1053727322
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File Size : 24. 91 MB
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Who Should Rule

Author : Monica Ricketts
ISBN : 9780190494889
Genre : History
File Size : 20. 6 MB
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"When Philip V prevailed over his rival Archduke Charles of Austria in 1713, the Spanish Bourbon dynasty attempted to create a new power elite, based on a more professionalized, modern, and educated military officer corps. At the same time, the Bourbons wanted to govern by relying on 'men of letters,' who were well educated in a modern, enlightened curriculum. Both the military and the men of letters were often drawn from the provincial elite, not the traditional aristocracy, and they would form the core of the centralized Bourbon state, replacing the 'composite monarchy.' These groups emerged first in Spain and later the empire to defend and govern the Spanish Atlantic world. In the years after the French invasion of the Iberian Peninsula, a struggle in Spain and America developed over who would rule. Writers and lawyers produced new legislation to radically transform the Spanish world. Military officers would defend the monarchy in this new era of imperial competition. Additionally, they would govern. From the start, the rise of these political actors in the Spanish world was an uneven process. Military officers came to being as a new and somewhat solid corps. In contrast, the rise of men of letters confronted constant opposition. Rooted elites in both Spain and Peru resisted any attempts to curtail their power and prerogatives and undermined reform. As a consequence, men of letters found limited spaces in which to exercise their new authority, but they aimed for more, paving the way for decades of unrest. Monica Ricketts emphasizes the continuities and connections between the Spanish worlds on both sides of the Atlantic and the ways in which liberal men of letters failed to create a new institutional order in which the military would be subjected to civilian rule"--Provided by publishe

The Uses Of Justice In Global Perspective 1600 1900

Author : Griet Vermeesch
ISBN : 9780429663758
Genre : History
File Size : 60. 53 MB
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The Uses of Justice in Global Perspective, 1600–1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this ‘legal pluralism’. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600–1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.

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