From Justice to Law: Late Colonial and Early Republican Eras

Sarah C. Chambers

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Chapter 4 From Justice to Law: Late Colonial and Early Republican Eras

于A Companion to Latin American Legal History

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Sarah C. Chambers

Sarah C. Chambers
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类型:: 章节

Page Range:: 99–129

DOI:: https://doi.org/10.1163/9789004436091_006

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Abstract

Rather than seeing independence as instigating a rupture in legal practice, this chapter argues that a gradual standardization and ascendancy of state law over other jurisdictions, such as ecclesiastical courts, began under Iberian monarchs in the mid-eighteenth century and intensified under subsequent national governments. Although constitutions marked an important shift in public law, most Spanish and Portuguese civil and criminal compilations remained in effect; changes, therefore, were implemented through shifts in interpretation and practice. Despite increased policing, reformed judicial institutions, along with enlightenment and republican ideas, also created spaces and discourses for subalterns to participate in transforming the legal culture. Women and the enslaved appealed to natural law in seeking written rulings that they were entitled to financial support and protection from abuse, and male criminal defendants invoked their rights to due process, often successfully. By the middle of the nineteenth century, increasingly exclusive definitions of citizenship shaped legal personhood. Those considered dependent on others, such as women and servants, could still access courts but had lost many protections and were unlikely to be treated as equal before the law, foreshadowing their status under new civil codes. Thus, the relative shift from pluralistic justice to positive law had uneven effects.

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A Companion to Latin American Legal History

丛编： Legal History Library, 卷： 64

ISBN:: 9789004436091

出版社:: Brill | Nijhoff

印刷出版日期:: 25 Nov 2023

Subjects
- American Studies
  - Latin America
- History
  - Legal History

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Part 1 Chronology

Part 2 Historical Actors

Part 3 Selected Topics

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Chapter 4 From Justice to Law: Late Colonial and Early Republican Eras

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A Companion to Latin American Legal History

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