Surprise Heirs: Illegitimacy, patrimonial rights, and legal nationalism in Luso-Brazilian inheritance, 1750-1821 PDF Download
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Author: Linda Lewin
Publisher:
ISBN:
Category : History
Languages : en
Pages : 272
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Book Description
This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book’s focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil’s social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the “surprise heir,” who figured so prominently in imperial Brazil’s courtroom dramas and novels.
Author: Linda Lewin
Publisher:
ISBN:
Category : History
Languages : en
Pages : 272
Get Book Here
Book Description
This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book’s focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil’s social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the “surprise heir,” who figured so prominently in imperial Brazil’s courtroom dramas and novels.
Author:
Publisher: BRILL
ISBN: 900443609X
Category : Law
Languages : en
Pages : 627
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Book Description
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.
Author: Grace E. Coolidge
Publisher: U of Nebraska Press
ISBN: 149623362X
Category : History
Languages : en
Pages : 408
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Book Description
Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600 looks at illegitimacy across the fifteenth and sixteenth centuries and analyzes its implications for gender and family structure in the Spanish nobility, a class whose actions, structure, and power had immense implications for the future of the country and empire. Grace E. Coolidge demonstrates that women and men were able to challenge traditional honor codes, repair damaged reputations, and manipulate ideals of marriage and sexuality to encompass extramarital sexuality and the nearly constant presence of illegitimate children. This flexibility and creativity in their sexual lives enabled members of the nobility to repair, strengthen, and maintain their otherwise fragile concept of dynasty and lineage, using illegitimate children and their mothers to successfully project the noble dynasty into the future--even in an age of rampant infant mortality that contributed to the frequent absence of male heirs. While benefiting the nobility as a whole, the presence of illegitimate children could also be disruptive to the inheritance process, and the entire system privileged noblemen and their aims and goals over the lives of women and children. This book enriches our understanding of the complex households and families of the Spanish nobility, challenging traditional images of a strict patriarchal system by uncovering the hidden lives that made that system function.
Author: Robert J. Cottrol
Publisher: University of Georgia Press
ISBN: 0820344311
Category : Law
Languages : en
Pages : 388
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Book Description
Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination--a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.
Author: Dennis Gilbert
Publisher: Rowman & Littlefield
ISBN: 1442270918
Category : History
Languages : en
Pages : 304
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Book Description
In the last decades of the nineteenth century and early years of the twentieth, a new class—the oligarchy—consolidated its wealth and political power in Latin America. Its members were the sugar planters, coffee growers, cattle barons, and bankers who were growing rich in a rapidly expanding global economy. Examining these immensely powerful groups, Dennis Gilbert provides a systematic comparative history of the rise and ultimate demise of the oligarchies that dominated Latin America for nearly a century. He then sketches a fine-grained portrait of three prominent Peruvian families, providing a vivid window into the everyday exercise of power. Here we see the oligarchs arranging the deportation of “political undesirables,” controlling labor through means subtle and brutal, orchestrating press campaigns, extending credit on easy terms to rising military officers, and financing the overthrow of an unfriendly government. Gilbert concludes by answering three questions: What were the sources of oligarchic power? What were the forces that undermined it? Why did oligarchies persist longer in some countries than in others? His clear, comprehensible, and illuminating analysis will make this an invaluable book for all students of modern Latin America.
Author: Gabriel B. Paquette
Publisher: Cambridge University Press
ISBN: 1107028973
Category : History
Languages : en
Pages : 465
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Book Description
A pioneering account of the links between Portugal and Brazil which survived despite the demise of the Portuguese Atlantic empire.
Author: Jane-Marie Collins
Publisher: Liverpool University Press
ISBN: 1802070966
Category : Social Science
Languages : en
Pages : 440
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Book Description
Emancipatory Narratives & Enslaved Motherhood examines three major currents in the historiography of Brazilian slavery: manumission, miscegenation, and creolisation. It revisits themes central to the history of slavery and race relations in Brazil, updates the research about them, and revises interpretations of the role of gender and reproduction within them. First, about the preponderance of women and children in manumission; second, about the association of black female mobility with intimate inter-racial relations; third, about the racialised and gendered routes to freed status; and fourth, about the legacies of West African female socio-economic behaviours for modalities of family and freedom in nineteenth-century Salvador da Bahia, Brazil. The central concern within the book is how African and African descendant women navigated enslaved motherhood and negotiated the divide between enslavement and freedom for themselves and their children. The book is, therefore, organised around the subject position of the enslaved mother and the reproduction of her children in enslavement, while the condition of enslaved motherhood is examined through overlapping historical praxis evidenced in nineteenth-century Bahia: contested freedom, racialised mothering, and competing maternal interests - biological, ritual, surrogate. The point at which these interests converged historically was, it is argued, a conflict over black female reproductive rights.
Author: Walter Fraga
Publisher: Duke University Press
ISBN: 0822374552
Category : History
Languages : en
Pages : 235
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Book Description
By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.
Author: Peter M. Beattie
Publisher: Duke University Press
ISBN: 0822375893
Category : History
Languages : en
Pages : 359
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Book Description
Throughout the nineteenth century the idyllic island of Fernando de Noronha, which lies two hundred miles off Brazil's northeastern coast, was home to Brazil's largest forced labor penal colony. In Punishment in Paradise Peter M. Beattie uses Noronha as a case study to understand nineteenth-century Brazil's varied social and cultural values, especially in relation to justice, class, color, civil condition, human rights and labor. As Brazil’s slave population declined after 1850, the use of colonial-era disciplinary practices at Noronha—such as flogging and forced labor—stoked anxieties about human rights and Brazil’s international image. Beattie contends that the treatment of slaves, convicts, and other social categories subject to coercive labor extraction were interconnected and that reforms that benefitted one of these categories made them harder to deny to others. In detailing Noronha's history and the end of slavery as part of an international expansion of human rights, Beattie places Brazil firmly in the purview of Atlantic history.
Author: Jose C. Moya
Publisher: Oxford University Press
ISBN: 0195166205
Category : History
Languages : en
Pages : 551
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Book Description
This Oxford Handbook comprehensively examines the field of Latin American history.
