000			06747cam a22005054a 4500
001			musev2_73802
003			MdBmJHUP
005			20240815120813.0
006			m o d
007			cr||||||||nn|n
008			180119s2015 gw o 00 0 eng d
010			_z 2019666909
020			_a9783944773124
020			_z9783944773025
035			_a(OCoLC)946944251
040			_aMdBmJHUP _cMdBmJHUP
245	0	0	_aNew Horizons in Spanish Colonial Law : _bContributions to Transnational Early Modern Legal History / _cThomas Duve, Heikki Pihlajamäki (editions.).
264		1	_aFrankfurt am Main : _bMax Planck Institute for European Legal History, _c2015.
264		3	_aBaltimore, Md. : _bProject MUSE, _c2020
264		4	_c©2015.
300			_a1 online resource (262 pages).
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
490	0		_aGlobal perspectives on legal history ; _vvolume 3
505	0	0	_tNew horizons of derecho indiano / _rThomas Duve, Heikki Pihlajamäki -- _tSpanish American and British American law as mirrors to each other : implications of the missing derecho Británico indiano / _rRichard J. Ross -- _tRevisiting the America's colonial status under the Spanish monarchy / _rRafael D. García Perez -- _tDid European law turn American? : territory, property and rights in an Atlantic world / _rTamar Herzog -- _tWesternization of police regulation : Spanish and British colonial laws compared / _rHeikki Pihlajamäki -- _tTheater of conscience in the "living law" of the Indies / _rBrian P. Owensby -- _tVíctor Tau Anzoátegui and the legal historiography of the Indies / _rEzequiel Abásolo -- _tBetween America and Europe : the strange case of the derecho indiano / _rLuigi Nuzzo -- _tMore than just vestiges : notes for the study of colonial law history in Spanish America after 1808 / _rMarta Lorente Sariñena -- _tProvincial and local law of the Indies : a research program / _rVíctor Tau Anzoátegui.
506	0		_aOpen Access _fUnrestricted online access _2star
520			_a"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 Bartolome 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.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?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.In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
588			_aDescription based on print version record.
650		7	_aSpanish colonies. _2fast _0(OCoLC)fst01930866
650		7	_aLaw _xSpanish colonies. _2fast _0(OCoLC)fst00993822
650		7	_aColonies _xAdministration. _2fast _0(OCoLC)fst00868457
650		7	_aLAW _xLegal History. _2bisacsh
650		0	_aLaw _zSpain _xColonies _xHistory.
651		6	_aEspagne _xColonies _xAdministration _xHistoire.
651		0	_aSpain _xColonies _xAdministration _xHistory.
655		7	_aHistory. _2fast _0(OCoLC)fst01411628
655		7	_aElectronic books. _2local
700	1		_aPihlajamäki, Heikki, _d1961- _eeditor.
700	1		_aDuve, Thomas, _d1967- _eeditor.
710	2		_aMax-Planck-Institut für Europäische Rechtsgeschichte, _eissuing body.
710	2		_aProject Muse. _edistributor
830		0	_aBook collections on Project MUSE.
856	4	0	_zFull text available: _uhttps://muse.jhu.edu/book/73802/
999			_c233312 _d233311