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: 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: Bianca Premo
Publisher: Univ of North Carolina Press
ISBN: 080787695X
Category : History
Languages : en
Pages : 367
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Book Description
In a pioneering study of childhood in colonial Spanish America, Bianca Premo examines the lives of youths in the homes, schools, and institutions of the capital city of Lima, Peru. Situating these young lives within the framework of law and intellectual history from 1650 to 1820, Premo brings to light the colonial politics of childhood and challenges readers to view patriarchy as a system of power based on age, caste, and social class as much as gender. Although Spanish laws endowed elite men with an authority over children that mirrored and reinforced the monarch's legitimacy as a colonial "Father King," Premo finds that, in practice, Lima's young often grew up in the care of adults--such as women and slaves--who were subject to the patriarchal authority of others. During the Bourbon Reforms, city inhabitants of all castes and classes began to practice a "new politics of the child," challenging men and masters by employing Enlightenment principles of childhood. Thus the social transformations and political dislocations of the late eighteenth century occurred not only in elite circles and royal palaces, Premo concludes, but also in the humble households of a colonial city.
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: 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: Nara B. Milanich
Publisher: Duke University Press
ISBN: 0822391295
Category : History
Languages : en
Pages : 374
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Book Description
In modern Latin America, profound social inequalities have persisted despite the promise of equality. Nara B. Milanich argues that social and legal practices surrounding family and kinship have helped produce and sustain these inequalities. Tracing families both elite and plebeian in late-nineteenth- and early-twentieth-century Chile, she focuses on a group largely invisible in Latin American historiography: children. The concept of family constituted a crucial dimension of an individual’s identity and status, but also denoted a privileged set of gendered and generational dependencies that not all people could claim. Children of Fate explores such themes as paternity, illegitimacy, kinship, and child circulation over the course of eighty years of Chile’s modern history to illuminate the ways family practices and ideologies powerfully shaped the lives of individuals as well as broader social structures. Milanich pays particular attention to family law, arguing that liberal legal reforms wrought in the 1850s, which left the paternity of illegitimate children purposely unrecorded, reinforced not only patriarchal power but also hierarchies of class. Through vivid stories culled from judicial and notarial sources and from a cache of documents found in the closet of a Santiago orphanage, she reveals how law and bureaucracy helped create an anonymous underclass bereft of kin entitlements, dependent on the charity of others, and marginalized from public bureaucracies. Milanich also challenges the recent scholarly emphasis on state formation by highlighting the enduring importance of private, informal, and extralegal relations of power within and across households. Children of Fate demonstrates how the study of children can illuminate the social organization of gender and class, liberalism, law, and state power in modern Latin America.
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: Daniel Livesay
Publisher: UNC Press Books
ISBN: 1469634449
Category : History
Languages : en
Pages : 432
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Book Description
By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices. The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters--the very people who decided Britain's colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes--rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.
