Search results: Found 13

Listing 1 - 10 of 13 << page
of 2
>>
Sort by
Actas del XIX Congreso del Instituto Internacional de Historia del Derecho Indiano: Berlin 2016. Volumen 1

Author:
Book Series: Historia del Derecho ISSN: 2255-5137 ISBN: 9788491484219 Year: Volume: 58 Pages: 902 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: History --- Law
Added to DOAB on : 2017-12-22 14:29:34
License:

Loading...
Export citation

Choose an application

Abstract

El Instituto Internacional de Historia del Derecho Indiano, creado en el año 1966, celebra periódicamente sus congresos en que participan los miembros y por invitación los estudiosos no miembros especializados en el Derecho Indiano, donde presentan sus investigaciones histórico-jurídicas. Desde su fundación, se han celebrado dieciocho congresos en diferentes países de Iberoamérica. El XIX Congreso del Instituto Internacional de Historia del Derecho Indiano se celebró en la ciudad de Berlín (Alemania) del lunes 29 de agosto al viernes 2 de septiembre de 2016. En las Actas del Congreso, se publican las versiones escritas de más de setenta ponencias presentadas en el Congreso. Las ocho mesas temáticas del evento fueron: Historia de la historiografía del Derecho Indiano; El Derecho Indiano en la historia europea y global; Circulación de ideas y prácticas jurídicas: casos y métodos de análisis (obras jurisprudenciales); Derecho y otros saberes normativos (derecho real y canónico, teología moral); Orden jurídico y diversidad cultural (derechos indígenas, pluralismo jurídico y judicial); Derecho Indiano Provincial y Local (reinos, provincias, repúblicas); Sociedad, justicia y gobierno (instituciones y prácticas); El Derecho Indiano en el siglo XIX: Derecho Civil y Público y Constitucionalismo moderno.

Keywords

Derecho --- Historia --- Derecho indiano

Actas del XIX Congreso del Instituto Internacional de Historia del Derecho Indiano: Berlin 2016. Volumen 2

Author:
Book Series: Historia del Derecho ISSN: 2255-5137 ISBN: 9788491484219 Year: Volume: 58 Pages: 798 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law --- History
Added to DOAB on : 2017-12-22 14:35:12
License:

Loading...
Export citation

Choose an application

Abstract

El Instituto Internacional de Historia del Derecho Indiano, creado en el año 1966, celebra periódicamente sus congresos en que participan los miembros y por invitación los estudiosos no miembros especializados en el Derecho Indiano, donde presentan sus investigaciones histórico-jurídicas. Desde su fundación, se han celebrado dieciocho congresos en diferentes países de Iberoamérica. El XIX Congreso del Instituto Internacional de Historia del Derecho Indiano se celebró en la ciudad de Berlín (Alemania) del lunes 29 de agosto al viernes 2 de septiembre de 2016. En las Actas del Congreso, se publican las versiones escritas de más de setenta ponencias presentadas en el Congreso. Las ocho mesas temáticas del evento fueron: Historia de la historiografía del Derecho Indiano; El Derecho Indiano en la historia europea y global; Circulación de ideas y prácticas jurídicas: casos y métodos de análisis (obras jurisprudenciales); Derecho y otros saberes normativos (derecho real y canónico, teología moral); Orden jurídico y diversidad cultural (derechos indígenas, pluralismo jurídico y judicial); Derecho Indiano Provincial y Local (reinos, provincias, repúblicas); Sociedad, justicia y gobierno (instituciones y prácticas); El Derecho Indiano en el siglo XIX: Derecho Civil y Público y Constitucionalismo moderno.

Keywords

Derecho --- Historia --- Derecho indiano

The World of Rules

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773094 9783944773193 Year: Pages: 378 DOI: 10.12946/gplh10 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type.&#xD;If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."&#xD;

El Jurista en el Nuevo Mundo

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773063 Year: Pages: 280 DOI: 10.12946/gplh7 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"The present work addresses the history of Derecho Indiano (Spanish Colonial Law) and proposes to examine the role played by Indiano-Castilian jurists in the New World as creators and enforcers of a science and the practice of law. They were given the task of organising and developing public authorities as well as the new society, and in their engagement with the temporary institutions, they were confronted with realities and situations as diverse as they themselves proclaimed them to be. The works brought together in this volume originally appeared in journals and collected works from different countries, and they are now being presented here in a revised edition.&#xD;Castile was the kingdom overseeing the expansion across the Atlantic; an expansion to lands and peoples unknown to Europeans up till that point in time. The jurists who worked under these new and challenging circumstances belonged to the Castilian tradition, and they were immersed in this tradition not only due to their university education, but also as a result of their cultural environment and the very structure of the governing bodies and justice system of the kingdom. The confrontation with a reality that was, in so many respects, different from that of the Peninsular – as could already clearly be seen in accounts written by conquistadors, missionaries and the authorities from the early days – encouraged jurists to search for solutions to the new problems that had arisen. Over the years, this led to the creation of what would eventually shape a heterogeneously composed normative corpus, both in civil and canon terms. The differences between the Indiano and Castilian systems were marked to the point that it became a widely accepted truth that the Indiano order could not be fully understood or taken into account either by the advisors of Castile or the lawyers who travelled to the Americas with no prior knowledge of this particular law.&#xD;Jurists who were born or based in the Indiano provinces would often come to discover the “constitutional discourse” of the monarchy; in other words, they experienced the unfolding plot, so to speak, not through theory, but rather through the impetus provided by the possible solutions to the numerous issues that had arisen. Although Castilian legal literature, which exerted a powerful influence, was present and being circulated throughout the Americas, preferences when it came to specific authors and legal bodies were as different as the readings and interpretations made of them. Several criteria both general and specific in nature took shape. Consequently, “local contexts”, for example, were often discussed in the application of general norms and the “customary background” was similarly taken into account."&#xD;

Legislar en la América hispánica en la temprana edad moderna

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773032 9783944773131 Year: Pages: 214 DOI: 10.12946/gplh4 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"The Third Mexican Provincial Council, celebrated in 1585, has always been considered a cornerstone of the canonical law of Spanish America, both with regard to its content and the long period and vast territory in which it was in force. New possibilities of research had been made possible due to the publication of the working manuscripts in recent years, enabling a better understanding of the juridical work produced by the bishops. Given these new materials, the author has delved deeper into the drafting processes carried out by the provincial council.&#xD;Taking a close look at the reports sent to the council, the theological and juridical treaties, and other conciliar and synodal legislation, along with the consultations to jurists and theologians, the author has identified different processes of drafting of the conciliar decrees.&#xD;The result of this research allows us to relocate the authorship of the conciliar decrees to the Mexican episcopate as well as establish the degree of their originality. Locality of the law and its significance in the legal order in force at that time is one of the characteristics of the body of decrees promulgated at the Third Mexican Provincial Council."&#xD;

New Horizons in Spanish Colonial Law

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773025 9783944773124 Year: Pages: 268 DOI: 10.12946/gplh3 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little.&#xD;Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history?&#xD;Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders.&#xD;In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."&#xD;

Derecho privado y modernización

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773018 9783944773117 Year: Pages: 324 DOI: 10.12946/gplh2 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

The volume contains essays on the modernization of private law in Europe and Latin America from the viewpoint of legal history. Through a comparison between different forms of legal development in various normative und cultural contexts, the papers seek to open up new research perspectives on the concept of modernization in the field of private law.&#xD;

Normatividades e instituciones eclesiásticas en el virreinato del Perú, siglos XVI–XIX

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773223 9783944773230 Year: Pages: 248 DOI: 10.12946/gplh12 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History --- Economics
Added to DOAB on : 2019-08-13 11:21:02
License:

Loading...
Export citation

Choose an application

Abstract

Ecclesiastical institutions and actors were essential for the formation of normative orders in early modern Ibero-America. In a series of seminars, organised by the Max Planck Institute for European Legal History in Mexico City, Lima, Bogotá and São Paulo, scholars from different disciplines presented innovative studies on the history of religious normativity and its practices. Based upon the Lima colloquium, the present volume focuses on the viceroyalty of Peru (16th-19th centuries).&#xD;

Außergerichtliche Konfliktlösung in der Antike

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773087 9783944773186 Year: Pages: 182 DOI: 10.12946/gplh9 Language: German|English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"Antiquity is often utilized as a reference to provide a historical dimension for contemporary phenomena. This also holds true for the prevailing scientific discourse on alternative or adequate remedies of dispute resolution. In this context, historical perspectives seem to be in vogue as narratives to legitimize one or another role model, whereas studies on practical examples from ancient legal orders tend not to be given serious consideration in the current debate.&#xD;Just as in the case of contemporary legal research, ancient legal history also distinguishes litigation at court from other mechanisms of conflict resolution. Nevertheless, where do the boundaries of judicial and extra-judicial mechanisms of dispute resolution lie within the framework of ancient societies? Are they alternatives in a narrower sense? Is there evidence for concerning the reason there was no (or at least no exclusive) judicial decision? This volume offers a selection of studies of pertinent illustrative material pertaining to these questions. While the relevant sources stemming from the prehistorical period, the Ancient Near East, Hellenistic Egypt and Classical Roman law may vary greatly, this just serves to widen our perspective on ancient times.&#xD;Heidi Peter-Röcher focuses on strategies of conflict resolution in prehistoric times corresponding to different forms of violence. Hans Neumann, Susanne Paulus, Lena Fijałkowska and Alessandro Hirata delve into case studies situated in the Ancient Near East from Sumerian to Neo-Babylonian times. Three other contributions examine Graeco-Roman Antiquity: Marc Depauw considers non-Greek, i.e., demotic, material from a Hellenistic kingdom, Anna Seelentag embraces the phenomenon of public clamour in the Roman Republic, and Christine Lehne-Gstreinthaler provides a fresh look at the classical arbitration from the perspective of ancient legal history."&#xD;

Spatial and Temporal Dimensions for Legal History

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 978394773056 9783944773155 Year: Pages: 300 DOI: 10.12946/gplh6 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue.&#xD;The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component.&#xD;This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces.&#xD;The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’.&#xD;As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."&#xD;

Listing 1 - 10 of 13 << page
of 2
>>
Sort by