The Enlightenment on Trial

Ordinary Litigants and Colonialism in the Spanish Empire
Author: Bianca Premo
Publisher: Oxford University Press
ISBN: 0190638745
Category: History
Page: 336
View: 9990
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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.

The Enlightenment on Trial

Ordinary Litigants and Colonialism in the Spanish Empire
Author: Associate Professor of History Bianca Premo,Bianca Premo
Publisher: Oxford University Press
ISBN: 0190638737
Category:
Page: 384
View: 6334
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This is a history not of an Enlightenment but rather the Enlightenment - the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. Its principal protagonists, rather than members of a cosmopolitan Republic of Letters, arenon-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, it is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century SpanishAmericans' active production of concepts fundamental to modern law. The book is intensely empirical even as it is sly situated within current theoretical debates about imperial geographies of history. The Enlightenment on Trial offers readers new insight into how legal documents were made, freshinterpretations 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 peasantsand 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 ofEurope enshrined them 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.

The Enlightenment on Trial

Ordinary Litigants and Colonialism in the Spanish Empire
Author: Bianca Premo
Publisher: Oxford University Press
ISBN: 0190638753
Category: History
Page: 336
View: 2595
DOWNLOAD NOW »
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.

Children of the Father King

Youth, Authority, and Legal Minority in Colonial Lima
Author: Bianca Premo
Publisher: Univ of North Carolina Press
ISBN: 9780807876954
Category: History
Page: 368
View: 6039
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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.

Genealogical Fictions

Limpieza de Sangre, Religion, and Gender in Colonial Mexico
Author: María Elena Martínez
Publisher: Stanford University Press
ISBN: 0804756481
Category: History
Page: 407
View: 6611
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Genealogical Fictions examines how the state, church, Inquisition, and other institutions in colonial Mexico used the Spanish notion of limpieza de sangre (purity of blood) over time and how the concept's enduring religious, genealogical, and gendered meanings came to shape the region's patriotic and racial ideologies.

Empire of Law and Indian Justice in Colonial Mexico


Author: Brian Philip Owensby
Publisher: Stanford University Press
ISBN: 0804758638
Category: History
Page: 379
View: 1231
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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).

To Be Indio in Colonial Spanish America


Author: Mónica Díaz
Publisher: University of New Mexico Press
ISBN: 0826357741
Category: History
Page: 296
View: 9103
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The conquest and colonization of the Americas imposed new social, legal, and cultural categories upon vast and varied populations of indigenous people. The colonizers’ intent was to homogenize these cultures and make all of them “Indian.” The creation of those new identities is the subject of the essays collected in Díaz’s To Be Indio in Colonial Spanish America. Focusing on central Mexico and the Andes (colonial New Spain and Peru), the contributors deepen scholarly knowledge of colonial history and literature, emphasizing the different ways people became and lived their lives as “indios.” While the construction of indigenous identities has been a theme of considerable interest among Latin Americanists since the early 1990s, this book presents new archival research and interpretive thinking, offering new material and a new approach to the subject to both scholars of colonial Peru and central Mexico.

Morality Tales

Law and Gender in the Ottoman Court of Aintab
Author: Leslie Peirce
Publisher: Univ of California Press
ISBN: 0520228928
Category: History
Page: 460
View: 6119
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"Leslie Peirce has produced a meticulously researched and gloriously imagined work of historical scholarship. Her deep familiarity with the city of Aintab (today’s Gaziantep) shines through on every page as she recreates the world of the city and its inhabitants in the middle of the sixteenth century. Using a wide variety of sources, Peirce departs from state-centered approach of much of Ottoman historiography and asks instead how individuals understood themselves and their place in Ottoman society. Her answers take us into areas of Ottoman society that are still obscure. We see Aintabans grappling with issues of class, morality, heresy, and the differences between men and women. Throughout, Peirce excavates the complicated relationship between a society that understands itself as Islamic but whose sources of meaning and order are not confined to the religious tradition."—Molly Greene, Princeton University "This is another masterpiece that will, like Leslie Peirce’s first book, become a classic. Once again, she shows a special talent for raising relevant issues that have remained unexplored and shedding light on older issues with illuminating interpretations. . . . The heterogeneity of law and the variability of justice emerge clearly, as do the flexibility and fluidity of legal practices, justice as a process not a structure, and law as a product of debate among providers and users."—Lucette Valensi, author of La Fuite en Egypte: Histoires d'Orient et d'Occident, 2002 "Leslie Peirce guides the reader through the Anatolian town of Aintab, twenty-five years after its incorporation into the Ottoman Empire. Using the local court records for the year 1540-1541 and the fascinating accounts of women talkingæsometimes even shouting and cursingætheir way into court, she reveals the intricacies of the legal system at the crossroads of imperial law and local custom. . . . Morality Tales is a must for Ottomanists, to whom it will offer a truly innovative methodology and a brilliant portrayal and analysis of this complex and fascinating period. More important, however, this book will reveal to a wider audience that Ottoman history has a lot to contribute to the understanding of early modern society and politics."—Edhem Eldem, Bogaziçi University, Istanbul

Domesticating Empire

Enlightenment in Spanish America
Author: Karen Stolley
Publisher: Vanderbilt University Press
ISBN: 0826519407
Category: History
Page: 296
View: 5069
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"Recovers the themes, intent, and legacy of 18th century Spanish American literature that often are lost in the broader scholarship of Latin American literature. Affirms importance of early period colonial Spanish American literature in world literature"--

The Matter of Empire

Metaphysics and Mining in Colonial Peru
Author: Orlando Bentancor
Publisher: University of Pittsburgh Press
ISBN: 0822981602
Category: History
Page: 448
View: 7353
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The Matter of Empire examines the philosophical principles invoked by apologists of the Spanish empire that laid the foundations for the material exploitation of the Andean region between 1520 and 1640. Centered on Potosi, Bolivia, Orlando Bentancor’s original study ties the colonizers’ attempts to justify the abuses wrought upon the environment and the indigenous population to their larger ideology concerning mining, science, and the empire's rightful place in the global sphere. Bentancor points to the underlying principles of scholasticism, particularly in the work of Thomas Aquinas, as the basis of the instrumentalist conception of matter and enslavement, despite the inherent contradictions to moral principles. Bentancor grounds this metaphysical framework in a close reading of sixteenth-century debates on Spanish sovereignty in the Americas and treatises on natural history and mining by theologians, humanists, missionaries, mine owners, jurists, and colonial officials. To Bentancor, their presuppositions were a major turning point for colonial expansion and paved the way to global mercantilism.

Rivers of Gold, Lives of Bondage

Governing through Slavery in Colonial Quito
Author: Sherwin K. Bryant
Publisher: UNC Press Books
ISBN: 1469607735
Category: History
Page: 264
View: 8214
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In this pioneering study of slavery in colonial Ecuador and southern Colombia--Spain's Kingdom of Quito--Sherwin Bryant argues that the most fundamental dimension of slavery was governance and the extension of imperial power. Bryant shows that enslaved black captives were foundational to sixteenth-century royal claims on the Americas and elemental to the process of Spanish colonization. Following enslaved Africans from their arrival at the Caribbean port of Cartagena through their journey to Quito, Bryant explores how they lived during their captivity, formed kinships and communal affinities, and pressed for justice within a slave-based Catholic sovereign community. In Cartagena, officials branded African captives with the royal insignia and gave them a Catholic baptism, marking slaves as projections of royal authority and majesty. By licensing and governing Quito's slave trade, the crown claimed sovereignty over slavery, new territories, natural resources, and markets. By adjudicating slavery, royal authorities claimed to govern not only slaves but other colonial subjects as well. Expanding the diaspora paradigm beyond the Atlantic, Bryant's history of the Afro-Andes in the early modern world suggests new answers to the question, what is a slave?

Law, Language, and Empire in the Roman Tradition


Author: Clifford Ando
Publisher: University of Pennsylvania Press
ISBN: 0812204883
Category: History
Page: 184
View: 1075
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The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.

Enlightenment, Governance and Reform in Spain and its Empire 1759-1808


Author: Gabriel Paquette
Publisher: Palgrave Macmillan
ISBN: 9781403985941
Category: History
Page: 256
View: 8204
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Enlightenment, Governance, and Reform in Spain and its Empire, 1759-1808 offers a new interpretation of political reform in Spain and its American empire in the second half of the eighteenth century. It examines the intellectual foundations of commercial, administrative, and colonial policy during the tumultuous reigns of Charles III (1759-1788) and Charles IV (1788-1808), and explores how crown reformers employed both the ideas of the European Enlightenment and Iberian juridical concepts to create a distinctive ideology of governance. They sought to use these ideas in order to reinvigorate the Spanish monarchy and to transform the institutions of the Old Regime into those of a modern state in both the Old World and the New. Drawing on archival research undertaken in Spain, Cuba, Chile, and Argentina, this book makes an important contribution to the histories of Spain, Latin America, and the Atlantic World.

Vagrants and Citizens

Politics and the Masses in Mexico City from Colony to Republic
Author: Richard A. Warren
Publisher: Rowman & Littlefield
ISBN: 9780742554245
Category: History
Page: 202
View: 9689
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This is the first book to demonstrate the crucial role that the urban masses played in shaping political change as Mexico struggled to become a stable, independent nation state in the nineteenth century. Vagrants and Citizens: Politics and the Masses in Mexico City from Colony to Republic is ideal for courses on Mexican history and Latin American studies.

Fractional Freedoms


Author: Michelle A. McKinley
Publisher: Cambridge University Press
ISBN: 1107168988
Category: History
Page: 294
View: 8566
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Fractional Freedoms examines paths to liberty forged in the slaveowning household, and legal claims brought by slaves in colonial Lima.

Africans to Spanish America

Expanding the Diaspora
Author: Sherwin K. Bryant,Rachel Sarah O'Toole,Ben Vinson (III.)
Publisher: University of Illinois Press
ISBN: 0252036638
Category: History
Page: 279
View: 4712
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"Exploring the connections between colonial Latin American historiography and the scholarship on the African Diaspora in the Spanish empires, Africans to Spanish America points to the continuities as well as disjunctures between the two fields of study. While a majority of the research on the colonial diaspora focuses on the Caribbean and Brazil, analysis of the regions of Mexico and the Andes open up new questions of community formation that incorporated Spanish legal strategies in secular and ecclesiastical institutions as well as articulations of multiple African identities. Therefore, it is critically important to expand the lens of the Diaspora framework that has come to shape so much of the recent scholarship on Africans in the Americas. Comprised of nine original essays, this volume is organized into three sections. Starting with voluntary and forced migrations across the Atlantic, Part I explores four distinct cases of identity construction that intersect with ongoing debates in African Diaspora scholarship regarding the models of continuity and creolization in the Americas. Part II interrogates how enslaved and free people employed their rights as Catholics to present themselves as civilized subjects, loyal Christians, and resisters to slavery. Part III asks how free people of color claimed categories of inclusion based on a identities of professional medical practitioners of "white" in transformative moments of the late colonial period"--

Gendered Crossings

Women and Migration in the Spanish Empire
Author: Allyson M. Poska
Publisher: UNM Press
ISBN: 0826356443
Category: History
Page: 296
View: 5874
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Between 1778 and 1784 the Spanish Crown transported more than 1,900 peasants, including 875 women and girls, from northern Spain to South America in an ill-fated scheme to colonize Patagonia. The story begins as the colonists trudge across northern Spain to volunteer for the project and follows them across the Atlantic to Montevideo. However, before the last ships reached the Americas, harsh weather, disease, and the prospect of mutiny on the Patagonian coast forced the Crown to abandon the project. Eventually, the peasant colonists were resettled in towns outside of Buenos Aires and Montevideo, where they raised families, bought slaves, and gradually integrated into colonial society. Gendered Crossings brings to life the diverse settings of the Iberian Atlantic and the transformations in the peasants’ gendered experiences as they moved around the Spanish Empire.

The Empirical Empire

Spanish Colonial Rule and the Politics of Knowledge
Author: Arndt Brendecke
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110395819
Category: History
Page: 333
View: 8005
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What was the specific function of knowledge in early modern colonial Spain? Brendecke analyzes the connections between empiricism and power in the era of the Spanish Habsburgs and reveals the importance of knowledge in the process of nation-building. In a unique way, he succeeds in producing a political history that synthesizes approaches native to ideological, scientific, and communications history.

Conservatism for the Democratic Age

Conservative cultures and the challenge of mass politics in early twentieth century England
Author: Dr. David Thackeray
Publisher: Oxford University Press
ISBN: 1526110776
Category: Political Science
Page: N.A
View: 5477
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This book offers a new interpretation of the Conservative party's revival and adaptation to democratic politics in the early twentieth century. We cannot appreciate the Conservatives' unique success in British politics without exploring the dramatic cultural transformation which occurred within the party during the early decades of the century. This was a seminal period in which key features of the modern Conservative party emerged: a mass women's organisation, a focus on addressing the voter as a consumer, targeted electioneering strategies, and the use of modern media to speak to a mass audience. This book provides the first substantial attempt to assess the Conservatives' adaptation to democracy across the early twentieth century from a cultural perspective and will appeal to academics and students with an interest in the history of political communication, gender and class in modern Britain.

Corruption in the Iberian Empires

Greed, Custom, and Colonial Networks
Author: Christoph Rosenmüller
Publisher: University of New Mexico Press
ISBN: 0826358268
Category: History
Page: 264
View: 7108
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The contributors use fresh archival research from Spain, Portugal, Brazil, Bolivia, Mexico, and the Philippines to examine the lives of slaves and farmworkers as well as self-serving magistrates, bishops, and traders in contraband.