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Author: Aniceto Masferrer Publisher: Springer ISBN: 3319719122 Category : Law Languages : en Pages : 427
Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Aniceto Masferrer Publisher: Springer ISBN: 3319719122 Category : Law Languages : en Pages : 427
Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Charles R. Cutter Publisher: UNM Press ISBN: 9780826327758 Category : History Languages : en Pages : 244
Book Description
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Author: Martin A. Cohen Publisher: UNM Press ISBN: 9780826323620 Category : Biography & Autobiography Languages : en Pages : 404
Book Description
Documentary history of Luis de Carvajal the younger and his family in Spain, their migration to Mexico, their life there, their persecution and deaths at the hands of the Inquisition.
Author: Valerio Massimo Minale Publisher: Dykinson S.L. ISBN: 8413243084 Category : Law Languages : en Pages : 596
Book Description
The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors
Author: Antonia I. Castaneda Publisher: University of North Texas Press ISBN: 1574415689 Category : Social Science Languages : en Pages : 470
Book Description
For over three decades the work of Antonia I. Castañeda has shaped the fields of Western History and Chicana Studies. From her early articles on Chicana representation and political economy, to her most recent work mapping gendered violence and gendered resistance in the history of the U.S. Southwest, her work is consistently taught in classrooms and cited extensively. Yet Castañeda's work has been scattered throughout journals and anthologies, a "paper chase" for historians to track down. Three Decades of Engendering History ends the chase. This volume, edited by Linda Heidenreich, collects ten of Castañeda's best articles, including the widely circulated article "Engendering the History of Alta California, 1769-1848," in which she took a direct and honest look at sex and gender relations in colonial California. Demonstrating that there is no romantic past to which we can turn, she exposed stories of violence against women, as well as stories of survival and resistance. Other articles included are the prize-winning "Women of Color and the Rewriting of Western History," and two recent articles, "Lullabies y Canciones de Cuna" and "La Despedida." The latter two represent Castañeda’s most recent work excavating, mapping, and bringing forth the long and strong post-WWII history of Tejanas. Finally, the volume includes three interviews with Antonia Castañeda, conducted by Luz María Gordillo, that contribute the important narrative of her lived experiences, political perspective, her commitment to initiate and develop scholarship that highlights gender and Chicanas as a legitimate line of inquiry, and her drive to center Chicanas as historical subjects.
Author: Donald E. Chipman Publisher: University of Texas Press ISBN: 0292721803 Category : History Languages : en Pages : 389
Book Description
A revised and expanded edition of an authoritative history presents a complete history of Spanish Texas, including important new discoveries about American Indians and women in early Texas. Simultaneous. Hardcover available.
Author: Aniceto Masferrer
Author: Aniceto Masferrer
Author: George Frederick White
Author: Charles R. Cutter
Author: Michael J. Curley
Author: 
Author: Martin A. Cohen
Author: John Thomas Vance
Author: Valerio Massimo Minale
Author: Antonia I. Castaneda
Author: Donald E. Chipman