Empire Of Law And Indian Justice In Colonial Mexico

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Empire of Law and Indian Justice in Colonial Mexico

Author : Brian P. Owensby
Publisher : Unknown
Page : 392 pages
File Size : 47,6 Mb
Release : 2022
Category : HISTORY
ISBN : 1503627101

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Empire of Law and Indian Justice in Colonial Mexico by Brian P. Owensby Pdf

Empire of Law and Indian Justice in Colonial Mexico shows how Indian litigants and petitioners made sense of Spanish legal principles and processes when the dust of conquest had begun to settle after 1600. By juxtaposing hundreds of case records with written laws and treatises, Owensby reveals how Indians saw the law as a practical and moral resource that allowed them to gain a measure of control over their lives and to forge a relationship to a distant king. Several chapters elucidate central concepts of Indian claimants in their encounter with the law over the seventeenth century--royal protection, possession of property, liberty, notions of guilt, village autonomy and self-rule, and subjecthood. Owensby concludes that Indian engagement with Spanish law was the first early modern experiment in cosmopolitan legality, one that faced the problem of difference head on and sought to bridge the local and the international. In so doing, it enabled indigenous claimants to forge a colonial politics of justice that opened up space for a conversation between colonial rulers and ruled.

Empire of Law and Indian Justice in Colonial Mexico

Author : Brian Philip Owensby
Publisher : Stanford University Press
Page : 393 pages
File Size : 44,6 Mb
Release : 2008
Category : History
ISBN : 9780804758635

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Empire of Law and Indian Justice in Colonial Mexico by Brian Philip Owensby Pdf

Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).

Justice by Insurance

Author : Woodrow Borah
Publisher : Univ of California Press
Page : 505 pages
File Size : 47,6 Mb
Release : 2024-07-26
Category : History
ISBN : 9780520377950

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Justice by Insurance by Woodrow Borah Pdf

As Western Europe expanded its empires in the sixteenth and seventeenth centuries, it came to dominate many peoples, especially in America, whose cultures and legal systems differed dramatically from its own. The resulting conflicts of both law and custom posed difficult problems: How could these conflicting laws and customs be adjusted within a common political administration? And, in particular, how could legal remedy be provided for groups of lesser political weight? Woodrow Borah vividly depicts one of the more unusual institutions that arose in response to these problems—the General Indian Court of New Spain. In what is today Mexico, the conquering Spaniards had at first attempted to preserve such Indian customs as were deemed not contrary to reason or Christianity. However, as interpreted by Spanish judges, so much turned out to be "contrary" to these standards that native customs were soon recast in largely Spanish norms. At the same time, the conquered Indians discovered the uses of the Spanish courts, unleashing a flood of litigation. The ensuing social and economic upheaval sparked great concern among Spanish administrators and jurists. The result was the establishment of the General Indian Court, a remarkably innovative special jurisdiction vested in the viceroy and corps of legal aides. Expenses were paid from a small contribution by each Indian family—in effect, legal insurance. Woodrow Borah analyzes the kinds of cases that came before this court, the decisions it reached, and the policies underlying these decisions. He enriches this study by examining the separate but parallel structures in the Yucatan peninsula and on the seigneurial estate of Hernán Cortés, and by comparing the General Indian Court to the tribunals of Guadalajara, which had no similar special arrangements. The development of the General Indian Court and the relation of the legal aides to their Indian clients and to other lawyers form a complicated story of both service and exploitation and contribute an important chapter to the history of colonial Mexico. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1983.

Corruption and Justice in Colonial Mexico, 1650–1755

Author : Christoph Rosenmüller
Publisher : Cambridge University Press
Page : 363 pages
File Size : 45,8 Mb
Release : 2019-05-02
Category : History
ISBN : 9781108477116

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Corruption and Justice in Colonial Mexico, 1650–1755 by Christoph Rosenmüller Pdf

Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.

An Empire of Laws

Author : Christian R Burset
Publisher : Yale University Press
Page : 364 pages
File Size : 50,7 Mb
Release : 2023-09-26
Category : History
ISBN : 9780300274448

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An Empire of Laws by Christian R Burset Pdf

A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

Asian Slaves in Colonial Mexico

Author : Tatiana Seijas
Publisher : Cambridge University Press
Page : 301 pages
File Size : 44,7 Mb
Release : 2014-06-23
Category : History
ISBN : 9781107063129

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Asian Slaves in Colonial Mexico by Tatiana Seijas Pdf

This book is a history of Asian slaves in colonial Mexico and their journey from bondage to freedom.

Imperial Justice

Author : Bonny Ibhawoh
Publisher : Oxford University Press
Page : 226 pages
File Size : 52,5 Mb
Release : 2013-09
Category : History
ISBN : 9780199664849

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Imperial Justice by Bonny Ibhawoh Pdf

This is a vital study of the motivations of the British Imperial Appeal Courts and the tensions between the demands of imperial law and justice and those of African law and custom. Examining the central role of the Privy Council and the Courts, it reveals the impact of the colonized peoples in shaping the processes and outcomes of imperial justice.

A Companion to Latin American Legal History

Author : Anonim
Publisher : BRILL
Page : 627 pages
File Size : 53,6 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004436091

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A Companion to Latin American Legal History by Anonim Pdf

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 new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.

Indigenous Elites and Creole Identity in Colonial Mexico, 1500–1800

Author : Peter B. Villella
Publisher : Cambridge University Press
Page : 368 pages
File Size : 50,7 Mb
Release : 2016-01-25
Category : History
ISBN : 9781107129030

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Indigenous Elites and Creole Identity in Colonial Mexico, 1500–1800 by Peter B. Villella Pdf

This book explores colonial indigenous historical accounts to offer a new interpretation of the origins of Mexico's neo-Aztec patriotic identity.

Justice in a New World

Author : Brian P Owensby,Richard J Ross
Publisher : NYU Press
Page : 341 pages
File Size : 43,9 Mb
Release : 2019-01-15
Category : History
ISBN : 9781479858910

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Justice in a New World by Brian P Owensby,Richard J Ross Pdf

A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.

The World of Colonial America

Author : Ignacio Gallup-Diaz
Publisher : Taylor & Francis
Page : 416 pages
File Size : 55,5 Mb
Release : 2017-04-28
Category : History
ISBN : 9781317662143

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The World of Colonial America by Ignacio Gallup-Diaz Pdf

The World of Colonial America: An Atlantic Handbook offers a comprehensive and in-depth survey of cutting-edge research into the communities, cultures, and colonies that comprised colonial America, with a focus on the processes through which communities were created, destroyed, and recreated that were at the heart of the Atlantic experience. With contributions written by leading scholars from a variety of viewpoints, the book explores key topics such as -- The Spanish, French, and Dutch Atlantic empires -- The role of the indigenous people, as imperial allies, trade partners, and opponents of expansion -- Puritanism, Protestantism, Catholicism, and the role of religion in colonization -- The importance of slavery in the development of the colonial economies -- The evolution of core areas, and their relationship to frontier zones -- The emergence of the English imperial state as a hegemonic world power after 1688 -- Regional developments in colonial North America. Bringing together leading scholars in the field to explain the latest research on Colonial America and its place in the Atlantic World, this is an important reference for all advanced students, researchers, and professionals working in the field of early American history or the age of empires.

Negotiation Within Domination

Author : Ethelia Ruiz Medrano,Susan Kellog
Publisher : University Press of Colorado
Page : 291 pages
File Size : 44,6 Mb
Release : 2011-05-18
Category : History
ISBN : 9781457109782

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Negotiation Within Domination by Ethelia Ruiz Medrano,Susan Kellog Pdf

Negotiation within Domination examines the formation of colonial governance in New Spain through interactions between indigenous peoples and representatives of the Spanish Crown. The book highlights the complexity of native negotiation and mediation with colonial rule across time, culture, and place and how it shaped colonial political and legal structures from the sixteenth to the eighteenth centuries. Although indigenous communities reacted to Spanish presence with significant acts of resistance and rebellion, they also turned to negotiation to deal with conflicts and ameliorate the consequences of colonial rule. This affected not only the development of legal systems in New Spain and Mexico but also the survival and continuation of traditional cultures. Bringing together work by Mexican and North American historians, this collection is a crucially important and rare contribution to the field. Negotiation within Domination is a valuable resource for native peoples as they seek to redefine and revitalize their identities and assert their rights relating to language and religion, ownership of lands and natural resources, rights of self-determination and self-government, and protection of cultural and intellectual property. It will be of interest primarily to specialists in the field of colonial studies and historians and ethnohistorians of New Spain

The Oxford Handbook of Latin American History

Author : Jose C. Moya
Publisher : Oxford University Press, USA
Page : 552 pages
File Size : 45,5 Mb
Release : 2011
Category : History
ISBN : 9780195166217

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The Oxford Handbook of Latin American History by Jose C. Moya Pdf

This Oxford Handbook comprehensively examines the field of Latin American history.

Making a New World

Author : John Tutino
Publisher : Duke University Press
Page : 710 pages
File Size : 51,8 Mb
Release : 2011-08
Category : Business & Economics
ISBN : 9780822349891

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Making a New World by John Tutino Pdf

This history of the political economy, social relations, and cultural debates that animated Spanish North America from 1500 until 1800 illuminates its centuries of capitalist dynamism and subsequent collapse into revolution.

Legal Pluralism and Empires, 1500-1850

Author : Richard J. Ross
Publisher : NYU Press
Page : 336 pages
File Size : 54,6 Mb
Release : 2013-07-22
Category : Law
ISBN : 9780814771167

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Legal Pluralism and Empires, 1500-1850 by Richard J. Ross Pdf

Historians used to imagine empire as an imperial power extending total domination over its colonies. Now, however, they understand empire as a site in which colonies and their constitutions were regulated by legal pluralism: layered and multicentric systems of law, which incorporated or preserved the law of conquered subjects. By placing the study of law in diverse early modern empires under the rubric of legal pluralism, Legal Pluralism and Empires, 1500-1850 offers both legal scholars and historians a much-needed framework for analyzing the complex and fluid legal politics of empires. Contributors analyze how ideas about law moved across vast empires, how imperial agents and imperial subjects used law, and how relationships between local legal practices and global ones played themselves out in the early modern world. The book’s tremendous geographical breadth, including the British, French, Spanish, Ottoman, and Russian empires, gives readers the most comparative examination of legal pluralism to date. Lauren Benton is Professor of History, Affiliated Professor of Law, and Dean of the Graduate School of Arts and Science at New York University. Her books include A Search for Sovereignty: Law and Geography in European Empires, 1400-1900 and Law and Colonial Cultures: Legal Regimes in World History, 1400-1900. Richard J. Ross is Professor of Law and History at the University of Illinois (Urbana/Champaign) and Director of the Symposium on Comparative Early Modern Legal History. With Steven Wilf, he is currently working on a book, entitled: The Beginnings of American Law: A Comparative Study.