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Criminal justice, Administration of --- Crime --- Justice pénale --- Administration --- Justice pénale --- Crime - Latin America --- Criminal justice, Administration of - Latin America
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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, 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, it 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 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, 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 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
Justice, Administration of --- Law --- History. --- Spain --- Colonies --- Justice --- Lois --- Administration --- History --- Justice, Administration of - Latin America - History --- Law - Spain - Colonies - History
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Constitutional law --- Democracy --- Droit constitutionnel --- Démocratie --- Latin America --- Amérique latine --- Politics and government --- Politique et gouvernement --- Justice, Administration of --- Démocratie --- Amérique latine --- Constitutional law - Justice and democracy - Latin America. --- Constitutional law - Latin America --- Democracy - Latin America --- Justice, Administration of - Latin America --- Transition democratique --- Politique et pouvoir judiciaire --- Amerique latine --- 1990 --- -Amerique latine --- -Politique et gouvernement
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Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
Civil law --- Justice, Administration of --- History --- History. --- Administration of justice --- Law, Civil --- Private law --- Law and legislation --- Law --- Courts --- Roman law --- Civil law - Latin America - History --- Justice, Administration of - Latin America - History --- Histoire du droit privé --- Amérique latine --- période indigène --- période coloniale --- indépendance --- 20esiècle
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In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of constitutional meaning over time.
Constitutional courts --- Constitutional law --- Political questions and judicial power --- Justice, Administration of --- Judicial process --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Psychological aspects --- Interpretation and construction --- Political aspects --- Constitutional courts - Latin America --- Constitutional law - Latin America --- Political questions and judicial power - Latin America --- Judicial process - Latin America --- Justice, Administration of - Latin America
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