Author: Richard L. Kagan
Publisher:
ISBN: 9780608020594
Category :
Languages : en
Pages : 298
Book Description
Lawsuits and Litigants in Castile, 1500-1700
Author: Richard L. Kagan
Publisher:
ISBN: 9780608020594
Category :
Languages : en
Pages : 298
Book Description
Publisher:
ISBN: 9780608020594
Category :
Languages : en
Pages : 298
Book Description
Disputes and Settlements
Author: John Bossy
Publisher: Cambridge University Press
ISBN: 9780521534451
Category : History
Languages : en
Pages : 312
Book Description
This collection of essays by British, American and French scholars uses the records of the law in Western Europe from the fall of Rome to the nineteenth century in an attempt to outline a social history of the West considered as a history of human relations. The primary themes are dispute, arbitration and conjugal relations; the primary influences considered are feud, Christianity and the state. The contributions are discussed overall by an anthropologist lawyer, Simon Roberts, who writes an anthropological introduction, and by the editor in a short historical postscript. The aim has been to strike a new note in social history by attending more closely to actual people and their actual relations; by drawing on the resources of anthropology, legal history, the history of religious feelings and institutions, and of states, to illuminate their behaviour; and by combining the efforts of scholars representing a diversity of intellectual traditions and a long perspective of human experience.
Publisher: Cambridge University Press
ISBN: 9780521534451
Category : History
Languages : en
Pages : 312
Book Description
This collection of essays by British, American and French scholars uses the records of the law in Western Europe from the fall of Rome to the nineteenth century in an attempt to outline a social history of the West considered as a history of human relations. The primary themes are dispute, arbitration and conjugal relations; the primary influences considered are feud, Christianity and the state. The contributions are discussed overall by an anthropologist lawyer, Simon Roberts, who writes an anthropological introduction, and by the editor in a short historical postscript. The aim has been to strike a new note in social history by attending more closely to actual people and their actual relations; by drawing on the resources of anthropology, legal history, the history of religious feelings and institutions, and of states, to illuminate their behaviour; and by combining the efforts of scholars representing a diversity of intellectual traditions and a long perspective of human experience.
The Unheard Voice of Law in Bartolomé de Las Casas’s Brevísima Relación de la Destruición de las Indias
Author: David T. Orique
Publisher: Routledge
ISBN: 1000365352
Category : History
Languages : en
Pages : 390
Book Description
The Unheard Voice of Law in Bartolomé de las Casas’s Brevísima relación de la destruición de las Indias reinterprets Las Casas’s controversial treatise as a legal document, whose legal character is linked to civil and ecclesial genres of the Early Modern and late Renaissance juridical tradition. Bartolomé de las Casas proclaimed: "I have labored to inquire about, study, and discern the law; I have plumbed the depths and have reached the headwaters." The Unheard Voice also plumbs the depths of Las Casas’s voice of law in his widely read and highly controversial Brevísima relación—a legal document published and debated since the 16th century. This original reinterpretation of his Very Brief Account uncovers the juridical approach voiced in his defense of the Indigenous peoples of the Americas. The Unheard Voice innovatively asserts that the Brevísima relación’s legal character is intimately linked to civil and ecclesial genres of the late Renaissance juridical tradition. This paradigm-shifting book contextualizes the formation of Las Casas’s juridical voice in canon law and theology—initially as a secular cleric, subsequently as a Dominican friar, and finally as a diocesan bishop—and demonstrates how his experienced juridical voice fought for justice in trans-Atlantic debates about Indigenous peoples’ level of humanity, religious freedom, enslavement, and conquest. Reaching the headwaters of Las Casas’s hitherto unheard juridical voice of law in the Brevísima relación provides readers with a previously unheard interpretation—an appealing voice for readers and students of this powerful Early Modern text that still resonates today. The Unheard Voice of Law is a valuable companion text for many in the disciplines of literature, history, theology, law, and philosophy who read Bartolomé de las Casas’s Very Brief Account and study his life, labor, and legacy.
Publisher: Routledge
ISBN: 1000365352
Category : History
Languages : en
Pages : 390
Book Description
The Unheard Voice of Law in Bartolomé de las Casas’s Brevísima relación de la destruición de las Indias reinterprets Las Casas’s controversial treatise as a legal document, whose legal character is linked to civil and ecclesial genres of the Early Modern and late Renaissance juridical tradition. Bartolomé de las Casas proclaimed: "I have labored to inquire about, study, and discern the law; I have plumbed the depths and have reached the headwaters." The Unheard Voice also plumbs the depths of Las Casas’s voice of law in his widely read and highly controversial Brevísima relación—a legal document published and debated since the 16th century. This original reinterpretation of his Very Brief Account uncovers the juridical approach voiced in his defense of the Indigenous peoples of the Americas. The Unheard Voice innovatively asserts that the Brevísima relación’s legal character is intimately linked to civil and ecclesial genres of the late Renaissance juridical tradition. This paradigm-shifting book contextualizes the formation of Las Casas’s juridical voice in canon law and theology—initially as a secular cleric, subsequently as a Dominican friar, and finally as a diocesan bishop—and demonstrates how his experienced juridical voice fought for justice in trans-Atlantic debates about Indigenous peoples’ level of humanity, religious freedom, enslavement, and conquest. Reaching the headwaters of Las Casas’s hitherto unheard juridical voice of law in the Brevísima relación provides readers with a previously unheard interpretation—an appealing voice for readers and students of this powerful Early Modern text that still resonates today. The Unheard Voice of Law is a valuable companion text for many in the disciplines of literature, history, theology, law, and philosophy who read Bartolomé de las Casas’s Very Brief Account and study his life, labor, and legacy.
Saint and Nation
Author: Erin Kathleen Rowe
Publisher: Penn State Press
ISBN: 0271078154
Category : History
Languages : en
Pages : 282
Book Description
In early seventeenth-century Spain, the Castilian parliament voted to elevate the newly beatified Teresa of Avila to co-patron saint of Spain alongside the traditional patron, Santiago. Saint and Nation examines Spanish devotion to the cult of saints and the controversy over national patron sainthood to provide an original account of the diverse ways in which the early modern nation was expressed and experienced by monarch and town, center and periphery. By analyzing the dynamic interplay of local and extra-local, royal authority and nation, tradition and modernity, church and state, and masculine and feminine within the co-patronage debate, Erin Rowe reconstructs the sophisticated balance of plural identities that emerged in Castile during a central period of crisis and change in the Spanish world.
Publisher: Penn State Press
ISBN: 0271078154
Category : History
Languages : en
Pages : 282
Book Description
In early seventeenth-century Spain, the Castilian parliament voted to elevate the newly beatified Teresa of Avila to co-patron saint of Spain alongside the traditional patron, Santiago. Saint and Nation examines Spanish devotion to the cult of saints and the controversy over national patron sainthood to provide an original account of the diverse ways in which the early modern nation was expressed and experienced by monarch and town, center and periphery. By analyzing the dynamic interplay of local and extra-local, royal authority and nation, tradition and modernity, church and state, and masculine and feminine within the co-patronage debate, Erin Rowe reconstructs the sophisticated balance of plural identities that emerged in Castile during a central period of crisis and change in the Spanish world.
Enemies in the Plaza
Author: Thomas Devaney
Publisher: University of Pennsylvania Press
ISBN: 0812291344
Category : History
Languages : en
Pages : 257
Book Description
Toward the end of the fifteenth century, Spanish Christians near the border of Castile and Muslim-ruled Granada held complex views about religious tolerance. People living in frontier cities bore much of the cost of war against Granada and faced the greatest risk of retaliation, but had to reconcile an ideology of holy war with the genuine admiration many felt for individual members of other religious groups. After a century of near-continuous truces, a series of political transformations in Castile—including those brought about by the civil wars of Enrique IV's reign, the final war with Granada, and Fernando and Isabel's efforts to reestablish royal authority—incited a broad reaction against religious minorities. As Thomas Devaney shows, this active hostility was triggered by public spectacles that emphasized the foreignness of Muslims, Jews, and recent converts to Christianity. Enemies in the Plaza traces the changing attitudes toward religious minorities as manifested in public spectacles ranging from knightly tournaments, to religious processions, to popular festivals. Drawing on contemporary chronicles and municipal records as well as literary and architectural evidence, Devaney explores how public pageantry originally served to dissipate the anxieties fostered by the give-and-take of frontier culture and how this tradition of pageantry ultimately contributed to the rejection of these compromises. Through vivid depictions of frontier personalities, cities, and performances, Enemies in the Plaza provides an account of how public spectacle served to negotiate and articulate the boundaries between communities as well as to help Castilian nobles transform the frontier's religious ambivalence into holy war.
Publisher: University of Pennsylvania Press
ISBN: 0812291344
Category : History
Languages : en
Pages : 257
Book Description
Toward the end of the fifteenth century, Spanish Christians near the border of Castile and Muslim-ruled Granada held complex views about religious tolerance. People living in frontier cities bore much of the cost of war against Granada and faced the greatest risk of retaliation, but had to reconcile an ideology of holy war with the genuine admiration many felt for individual members of other religious groups. After a century of near-continuous truces, a series of political transformations in Castile—including those brought about by the civil wars of Enrique IV's reign, the final war with Granada, and Fernando and Isabel's efforts to reestablish royal authority—incited a broad reaction against religious minorities. As Thomas Devaney shows, this active hostility was triggered by public spectacles that emphasized the foreignness of Muslims, Jews, and recent converts to Christianity. Enemies in the Plaza traces the changing attitudes toward religious minorities as manifested in public spectacles ranging from knightly tournaments, to religious processions, to popular festivals. Drawing on contemporary chronicles and municipal records as well as literary and architectural evidence, Devaney explores how public pageantry originally served to dissipate the anxieties fostered by the give-and-take of frontier culture and how this tradition of pageantry ultimately contributed to the rejection of these compromises. Through vivid depictions of frontier personalities, cities, and performances, Enemies in the Plaza provides an account of how public spectacle served to negotiate and articulate the boundaries between communities as well as to help Castilian nobles transform the frontier's religious ambivalence into holy war.
Unfit For Marriage
Author: Edward J. Behrend-Martinez
Publisher: University of Nevada Press
ISBN: 0874177138
Category : History
Languages : en
Pages : 311
Book Description
The Catholic Church of early modern Europe intended the sacrament of matrimony to represent a lifelong commitment, and it allowed few grounds for the dissolution of an unhappy marriage. One was nonconsummation owing to the sexual impotency of one of the partners. Even then, an annulment was granted only after a church court had conducted a lengthy investigation of the case, soliciting testimony from numerous witnesses as well as from the aggrieved couple, and had subjected the allegedly impotent spouse (and sometimes both spouses) to an intimate physical examination. Edward J. Behrend-Martinez has studied the transcripts of eighty-three impotency trials conducted by the ecclesiastical court of Calahorra (La Rioja), a Spanish diocese with urban and rural parishes, both Basque and Castilian. From these records, he draws a detailed, fascinating portrait of private life and public sexuality in early modern Europe. These trials were far more than a salacious inquiry into the intimate details of other people’s lives. The church valued marital sex as a cornerstone of stable society, intended not only for procreation but also for maintaining domestic harmony. Every couple’s sex life, however private in practice or intention, was a matter of public and ecclesiastical concern. Unfit for Marriage offers vivid accounts of marital sex and the role that property, gender, and personal preference played in marriage in early modern Europe. It is essential reading for anyone interested in social history, sexuality, gender studies, canon law, legal history, and the history of divorce in western Europe.
Publisher: University of Nevada Press
ISBN: 0874177138
Category : History
Languages : en
Pages : 311
Book Description
The Catholic Church of early modern Europe intended the sacrament of matrimony to represent a lifelong commitment, and it allowed few grounds for the dissolution of an unhappy marriage. One was nonconsummation owing to the sexual impotency of one of the partners. Even then, an annulment was granted only after a church court had conducted a lengthy investigation of the case, soliciting testimony from numerous witnesses as well as from the aggrieved couple, and had subjected the allegedly impotent spouse (and sometimes both spouses) to an intimate physical examination. Edward J. Behrend-Martinez has studied the transcripts of eighty-three impotency trials conducted by the ecclesiastical court of Calahorra (La Rioja), a Spanish diocese with urban and rural parishes, both Basque and Castilian. From these records, he draws a detailed, fascinating portrait of private life and public sexuality in early modern Europe. These trials were far more than a salacious inquiry into the intimate details of other people’s lives. The church valued marital sex as a cornerstone of stable society, intended not only for procreation but also for maintaining domestic harmony. Every couple’s sex life, however private in practice or intention, was a matter of public and ecclesiastical concern. Unfit for Marriage offers vivid accounts of marital sex and the role that property, gender, and personal preference played in marriage in early modern Europe. It is essential reading for anyone interested in social history, sexuality, gender studies, canon law, legal history, and the history of divorce in western Europe.
Silver, Trade, and War
Author: Stanley J. Stein
Publisher: Johns Hopkins University Press+ORM
ISBN: 0801876958
Category : History
Languages : en
Pages : 600
Book Description
A look at the interaction of America, Spain, and Europe between 1500 and 1750, focusing on Spain’s role in Europe’s expansion across the Atlantic. The 250 years covered by this book marked the era of commercial capitalism, bridging late medieval and modern times. In 1500, Spain brought American silver back home across the Atlantic in exchange for European goods. Spanish colonialism, the authors suggest, was the cutting edge of the early global economy. America’s silver enabled Spain to bring elements of capitalism into its late medieval society. However, the authors argue, silver gave Spain illusions of wealth, security, and dominance, while its system of “managed” transatlantic trade failed to monitor silver flows that were beyond government control. While Spain’s intervention reinforced Hapsburg efforts at hegemony in Europe, it also led to proto-nationalist state formations, notably in England and France. 1714’s Treaty of Utrecht emphasized the lag between developing England and France, and stagnating Spain, and the persistence of Spain’s late medieval structures. These were basic elements of what the authors term Spain’s Hapsburg “legacy.” Over the first half of the eighteenth century, Spain under the Bourbons tried to contain expansionist France and England in the Caribbean and to create policies competitors seemed to apply successfully to their overseas possessions, namely, a colonial compact. Spain’s policy planners (proyectistas) scanned abroad for models of modernization adaptable to Spain and its American colonies without risking institutional change. The second part of the book analyzes the projectors’ works and their minimal impact on the changing Atlantic scene until 1759. By then, despite its efforts, Spain could no longer compete with England and France in the international economy. Silver, Trade, and War is about markets, national rivalries, diplomacy, conflict, and the advancement or stagnation of states.
Publisher: Johns Hopkins University Press+ORM
ISBN: 0801876958
Category : History
Languages : en
Pages : 600
Book Description
A look at the interaction of America, Spain, and Europe between 1500 and 1750, focusing on Spain’s role in Europe’s expansion across the Atlantic. The 250 years covered by this book marked the era of commercial capitalism, bridging late medieval and modern times. In 1500, Spain brought American silver back home across the Atlantic in exchange for European goods. Spanish colonialism, the authors suggest, was the cutting edge of the early global economy. America’s silver enabled Spain to bring elements of capitalism into its late medieval society. However, the authors argue, silver gave Spain illusions of wealth, security, and dominance, while its system of “managed” transatlantic trade failed to monitor silver flows that were beyond government control. While Spain’s intervention reinforced Hapsburg efforts at hegemony in Europe, it also led to proto-nationalist state formations, notably in England and France. 1714’s Treaty of Utrecht emphasized the lag between developing England and France, and stagnating Spain, and the persistence of Spain’s late medieval structures. These were basic elements of what the authors term Spain’s Hapsburg “legacy.” Over the first half of the eighteenth century, Spain under the Bourbons tried to contain expansionist France and England in the Caribbean and to create policies competitors seemed to apply successfully to their overseas possessions, namely, a colonial compact. Spain’s policy planners (proyectistas) scanned abroad for models of modernization adaptable to Spain and its American colonies without risking institutional change. The second part of the book analyzes the projectors’ works and their minimal impact on the changing Atlantic scene until 1759. By then, despite its efforts, Spain could no longer compete with England and France in the international economy. Silver, Trade, and War is about markets, national rivalries, diplomacy, conflict, and the advancement or stagnation of states.
Inquisition and Society in the Kingdom of Valencia, 1478-1834
Author: Stephen Haliczer
Publisher: Univ of California Press
ISBN: 0520377893
Category : History
Languages : en
Pages : 457
Book Description
Stephen Haliczer has mined rich documentary sources to produce the most comprehensive and enlightening picture yet of the Inquisition in Spain. The kingdom of Valencia occupies a uniquely important place in the history of the Spanish Inquisition because of its large Muslim and Jewish populations and because it was a Catalan kingdom, more or less "occupied" by the despised Castilians who introduced the Inquisition. Haliczer underscores the intensely regional nature of the Valencian tribunal. He shows how the prosecution of religious deviants, the recruitment and professional activity of Inquisitors and officials, and the relations between the Inquisition and the majority Old Christian population all clearly reflect the place and the society. A great series of pogroms swept over Spain during the summer of 1391. Jewish communities were attacked and the Jews either massacred or forced to convert. More than ninety percent of the victims of the Valencian Inquisition a century later were descendants of those who chose conversion, the conversos. Haliczer argues convincingly against those who see all the conversos as "secret Jews." He finds, on the contrary, that a wide range of religious beliefs and practices existed among them and that some were even able to assimilate into Old Christian society by becoming familiares of the Inquisition itself. Nevertheless, it was controversy over the sincerity of the converted which spawned the first proposals for the establishment of a Spanish national Inquisition. That very same controversy, persisting in the writings of history, may be resolved by Haliczer's stimulating discoveries. Inquisition and Society in the Kingdom of Valencia is a major contribution to the lively field of Inquisition studies, combining institutional history of the tribunal with socioreligious history of the kingdom. The many case histories included in the narrative give both Valencian society and the Inquisition very human faces. 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 1990.
Publisher: Univ of California Press
ISBN: 0520377893
Category : History
Languages : en
Pages : 457
Book Description
Stephen Haliczer has mined rich documentary sources to produce the most comprehensive and enlightening picture yet of the Inquisition in Spain. The kingdom of Valencia occupies a uniquely important place in the history of the Spanish Inquisition because of its large Muslim and Jewish populations and because it was a Catalan kingdom, more or less "occupied" by the despised Castilians who introduced the Inquisition. Haliczer underscores the intensely regional nature of the Valencian tribunal. He shows how the prosecution of religious deviants, the recruitment and professional activity of Inquisitors and officials, and the relations between the Inquisition and the majority Old Christian population all clearly reflect the place and the society. A great series of pogroms swept over Spain during the summer of 1391. Jewish communities were attacked and the Jews either massacred or forced to convert. More than ninety percent of the victims of the Valencian Inquisition a century later were descendants of those who chose conversion, the conversos. Haliczer argues convincingly against those who see all the conversos as "secret Jews." He finds, on the contrary, that a wide range of religious beliefs and practices existed among them and that some were even able to assimilate into Old Christian society by becoming familiares of the Inquisition itself. Nevertheless, it was controversy over the sincerity of the converted which spawned the first proposals for the establishment of a Spanish national Inquisition. That very same controversy, persisting in the writings of history, may be resolved by Haliczer's stimulating discoveries. Inquisition and Society in the Kingdom of Valencia is a major contribution to the lively field of Inquisition studies, combining institutional history of the tribunal with socioreligious history of the kingdom. The many case histories included in the narrative give both Valencian society and the Inquisition very human faces. 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 1990.
Royal Favouritism and the Governing Elite of the Spanish Monarchy, 1640-1665
Author: Alistair Malcolm
Publisher: Oxford University Press
ISBN: 0198791909
Category : History
Languages : en
Pages : 320
Book Description
Royal Favouritism and the Governing Elite of the Spanish Monarchy, 1640-1665 presents a study of the later years of the reign of Philip IV from the perspective of his favourite (valido), don Luis Mendez de Haro, and of the other ministers who helped govern the Spanish Habsburg Monarchy. It offers a positive vision of a period that is often seen as one of failure and decline. Unlike his predecessors, Haro exercised the favour that he enjoyed in a discreet way, acting as a perfect courtier and honest broker between the king and his aristocratic subjects. Nevertheless, Alistair Malcolm also argues that the presence of a royal favourite at the head of the government of Spain amounted to a major problem. The king's delegation of his authority to a single nobleman was considered by many to have been incompatible with good kingship, and Philip IV was himself very uneasy about failing in his responsibilities as a ruler. Haro was thus in a highly insecure situation, and sought to justify his regime by organizing the management of a prestigious and expensive foreign policy. In this context, the eventual conclusion of the very honourable peace with France in 1659 is shown to have been as much the result of the independent actions of other ministers as it was of a royal favourite very reluctantly brought to the negotiating table at the Pyrenees. By conclusion, the quite sudden collapse of Spanish European hegemony after Haro's death in 1661 is represented as a delayed reaction to the repercussions of a flawed system of government.
Publisher: Oxford University Press
ISBN: 0198791909
Category : History
Languages : en
Pages : 320
Book Description
Royal Favouritism and the Governing Elite of the Spanish Monarchy, 1640-1665 presents a study of the later years of the reign of Philip IV from the perspective of his favourite (valido), don Luis Mendez de Haro, and of the other ministers who helped govern the Spanish Habsburg Monarchy. It offers a positive vision of a period that is often seen as one of failure and decline. Unlike his predecessors, Haro exercised the favour that he enjoyed in a discreet way, acting as a perfect courtier and honest broker between the king and his aristocratic subjects. Nevertheless, Alistair Malcolm also argues that the presence of a royal favourite at the head of the government of Spain amounted to a major problem. The king's delegation of his authority to a single nobleman was considered by many to have been incompatible with good kingship, and Philip IV was himself very uneasy about failing in his responsibilities as a ruler. Haro was thus in a highly insecure situation, and sought to justify his regime by organizing the management of a prestigious and expensive foreign policy. In this context, the eventual conclusion of the very honourable peace with France in 1659 is shown to have been as much the result of the independent actions of other ministers as it was of a royal favourite very reluctantly brought to the negotiating table at the Pyrenees. By conclusion, the quite sudden collapse of Spanish European hegemony after Haro's death in 1661 is represented as a delayed reaction to the repercussions of a flawed system of government.
The Protectors of Indians in the Royal Audience of Lima
Author: Mauricio Novoa
Publisher: Martinus Nijhoff Publishers
ISBN: 9004305173
Category : Law
Languages : en
Pages : 339
Book Description
In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004305173
Category : Law
Languages : en
Pages : 339
Book Description
In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.