– The main purpose of this paper is to discuss the exercise of jurisdiction in Colonial Brazil, especially during the initial settlement of America. Portuguese strategy of occupying the New World was based on a late medieval institute, the seignory (senhorio), wherewith a personal and direct connection between Portuguese Crown and a noble man (donatary) was stablished. This connection was formalized by a donation chart (carta de doação) which contained the powers and rights granted by the king, and the most important of them was the jurisdiction over these areas. In the following pages the jurisdictional powers of donataries shall be largely examined, and this analysis shall include an attempt of reconstruction of the practice of jurisdiction in the Donatary Captaincies.
-本文的主要目的是讨论管辖权的行使在殖民地巴西，特别是在美国最初的定居点。葡萄牙占领新世界的战略是基于中世纪晚期的一种制度，即领主制度(senhorio)，通过这种制度，葡萄牙王室与贵族(donatary)之间建立了个人和直接的联系。这种联系通过捐赠表(carta de doa o)正式确立，其中包含了国王授予的权力和权利，其中最重要的是对这些地区的管辖权。在接下来的几页中，将对捐赠国的管辖权进行大量的考察，并在此分析中包括重建捐赠国船长管辖权实践的尝试。
{"title":"Os senhorios na América Portuguesa: o sistema de capitanias hereditárias e a prática da jurisdição senhorial (séculos XVI a XVIII)","authors":"Gustavo César Machado Cabral","doi":"10.7767/jbla-2015-0105","DOIUrl":"https://doi.org/10.7767/jbla-2015-0105","url":null,"abstract":"– The main purpose of this paper is to discuss the exercise of jurisdiction in Colonial Brazil, especially during the initial settlement of America. Portuguese strategy of occupying the New World was based on a late medieval institute, the seignory (senhorio), wherewith a personal and direct connection between Portuguese Crown and a noble man (donatary) was stablished. This connection was formalized by a donation chart (carta de doação) which contained the powers and rights granted by the king, and the most important of them was the jurisdiction over these areas. In the following pages the jurisdictional powers of donataries shall be largely examined, and this analysis shall include an attempt of reconstruction of the practice of jurisdiction in the Donatary Captaincies.","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"65 - 86"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– The main objective of the proposal we present here is to analyze the reproduction of a religious-normative language between two juridical-geographical spaces (Rome and Chile). Through discourses on forgiveness this research links religious-normative discourses on forgiveness sustained by the church (stemmed from the Holy See) to translation practices in a local space. It thus attempts to describe the interactions between these two spheres through establishing connections between norms and practices. We also study the characters who allow such practices of circulation, mediation, and reproduction between Europe and America. In this sense, we try to interpret to what extent these religious-normative ideas were translated into local practices within an extended long temporal frame (17th century); and to what extent convergences and divergences between these two juridical-geographical spaces were produced around
{"title":"El Perdón como espacio normativo. Circulación, mediación y traducción de discursos religiosos entre Roma y Santiago, Siglo XVII","authors":"Rafael Gaune, Verónica Undurraga","doi":"10.7767/jbla-2015-0106","DOIUrl":"https://doi.org/10.7767/jbla-2015-0106","url":null,"abstract":"– The main objective of the proposal we present here is to analyze the reproduction of a religious-normative language between two juridical-geographical spaces (Rome and Chile). Through discourses on forgiveness this research links religious-normative discourses on forgiveness sustained by the church (stemmed from the Holy See) to translation practices in a local space. It thus attempts to describe the interactions between these two spheres through establishing connections between norms and practices. We also study the characters who allow such practices of circulation, mediation, and reproduction between Europe and America. In this sense, we try to interpret to what extent these religious-normative ideas were translated into local practices within an extended long temporal frame (17th century); and to what extent convergences and divergences between these two juridical-geographical spaces were produced around","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"108 - 87"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introducción Violencia física, religión e Iglesia","authors":"Silke Hensel, Stephan Ruderer","doi":"10.7767/jbla-2015-0112","DOIUrl":"https://doi.org/10.7767/jbla-2015-0112","url":null,"abstract":"","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"231 - 236"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71324004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– The main purpose of this paper is to report the results of an ongoing research on the relationship between the Catholic Church, dictatorships and the Human Rights issue in Brazil and Argentina from 1964 to 1984, and the clash between different memory narratives of the controversial role of Catholics in the crisis of the seventies. The approach underlines the importance of comparative history of Catholicism and its relationship with political culture, so far this viewpoint has been underdeveloped in contemporary Latin American historiography. Accordingly, our analysis is articulated in a long term perspective that can show continuities and ruptures in the context of the post-Council crisis and the emergence of Liberation Theology. The widespread interpretation that the Church hierarchy in both countries acted in a uniform way, either supporting or opposing dictatorship, will be discussed. In addition, the article will focus on controversial memories of the role the Catholic Church played in those years. At the present time, this dispute is an attempt to recover a lost legi-
{"title":"Iglesia católica, dictaduras y Derechos Humanos en Brasil y Argentina en la tormenta de los años setenta","authors":"Claudia Touris","doi":"10.7767/jbla-2015-0117","DOIUrl":"https://doi.org/10.7767/jbla-2015-0117","url":null,"abstract":"– The main purpose of this paper is to report the results of an ongoing research on the relationship between the Catholic Church, dictatorships and the Human Rights issue in Brazil and Argentina from 1964 to 1984, and the clash between different memory narratives of the controversial role of Catholics in the crisis of the seventies. The approach underlines the importance of comparative history of Catholicism and its relationship with political culture, so far this viewpoint has been underdeveloped in contemporary Latin American historiography. Accordingly, our analysis is articulated in a long term perspective that can show continuities and ruptures in the context of the post-Council crisis and the emergence of Liberation Theology. The widespread interpretation that the Church hierarchy in both countries acted in a uniform way, either supporting or opposing dictatorship, will be discussed. In addition, the article will focus on controversial memories of the role the Catholic Church played in those years. At the present time, this dispute is an attempt to recover a lost legi-","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"315 - 340"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.7767/jbla-2015-0117","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71324063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– On 1830 and 1832 the Brazilian legislature passed the first codes of the country, the Criminal Code and the Code of Criminal Procedure. Scholars have since mentioned constantly those diplomas whenever discussing legal or political history, but not many have devoted themselves to the study of its contents, the history of their propositions and approvals (in the House and Senate), and foremost to their specificities as related to foreign projects and codes, available then to the country’s representatives. In this article I discuss the importance of Edward Livingston’s projects of a Penal Code and a Code of Procedure regarding the final contents of both Brazilian diplomas. In order to do so, I take into account not only Livingston’s oeuvres, but also how Brazilians came in contact with the Plan and the Codes he wrote to the Louisiana legislature. “The Chambers are now engaged revising the criminal laws of this country and I believe have selected Livingston’s criminal code as basis. The Minister of Foreign Affairs, who is a member of the Chamber of Deputies, and one other member have requested me, to procure them copies of that work in French; which I have sent for.” [Carta do Cônsul dos Estados Unidos no Rio de Janeiro, William Wright, ao Secretário de Estado norte-americano, Martin Van Buren. Rio de Janeiro, 10 de Julho de
-巴西立法机关于1830年和1832年通过了该国的第一部法典，即《刑法》和《刑事诉讼法》。此后，每当讨论法律或政治史时，学者们就会不断提到这些文凭，但很少有人致力于研究其内容，研究他们的主张和批准(在众议院和参议院)的历史，最重要的是研究他们与外国项目和法规相关的特殊性，然后提供给该国的代表。在这篇文章中，我将讨论爱德华·利文斯顿(Edward Livingston)的刑法典和程序法典项目的重要性，这两个巴西文凭的最终内容。为了做到这一点，我不仅考虑了利文斯顿的作品，还考虑了巴西人是如何接触到《计划》和他写给路易斯安那州立法机构的法典的。“议院现在正在修改这个国家的刑法，我相信他们已经选择了利文斯顿的刑法作为依据。作为众议院议员的外交部长和另一位议员要求我为他们弄到那部作品的法文副本;我已经派人去取了。[Carta do Cônsul dos Estados Unidos no里约热内卢de Janeiro, William Wright, ao Secretário de Estado north -american, Martin Van Buren。里约热内卢，7月10日
{"title":"Da Luisiana para o Brasil: Edward Livingston e o primeiro movimento codificador no Império (o Código Criminal de 1830 e o Código de Processo Criminal de 1832)","authors":"Monica Duarte Dantas","doi":"10.7767/jbla-2015-0110","DOIUrl":"https://doi.org/10.7767/jbla-2015-0110","url":null,"abstract":"– On 1830 and 1832 the Brazilian legislature passed the first codes of the country, the Criminal Code and the Code of Criminal Procedure. Scholars have since mentioned constantly those diplomas whenever discussing legal or political history, but not many have devoted themselves to the study of its contents, the history of their propositions and approvals (in the House and Senate), and foremost to their specificities as related to foreign projects and codes, available then to the country’s representatives. In this article I discuss the importance of Edward Livingston’s projects of a Penal Code and a Code of Procedure regarding the final contents of both Brazilian diplomas. In order to do so, I take into account not only Livingston’s oeuvres, but also how Brazilians came in contact with the Plan and the Codes he wrote to the Louisiana legislature. “The Chambers are now engaged revising the criminal laws of this country and I believe have selected Livingston’s criminal code as basis. The Minister of Foreign Affairs, who is a member of the Chamber of Deputies, and one other member have requested me, to procure them copies of that work in French; which I have sent for.” [Carta do Cônsul dos Estados Unidos no Rio de Janeiro, William Wright, ao Secretário de Estado norte-americano, Martin Van Buren. Rio de Janeiro, 10 de Julho de","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"173 - 206"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fil: Candioti, Magdalena. Consejo Nacional de Investigaciones Cientificas y Tecnicas. Oficina de Coordinacion Administrativa Saavedra 15. Instituto de Historia Argentina y Americana "Dr. Emilio Ravignani". Universidad de Buenos Aires. Facultad de Filosofia y Letras. Instituto de Historia Argentina y Americana "Dr. Emilio Ravignani"; Argentina
{"title":"Regulando el fin de la esclavitud Diálogos, innovaciones y disputas jurídicas en las nuevas repúblicas sudamericanas 1810–1830","authors":"M. Candioti","doi":"10.7767/jbla-2015-0109","DOIUrl":"https://doi.org/10.7767/jbla-2015-0109","url":null,"abstract":"Fil: Candioti, Magdalena. Consejo Nacional de Investigaciones Cientificas y Tecnicas. Oficina de Coordinacion Administrativa Saavedra 15. Instituto de Historia Argentina y Americana \"Dr. Emilio Ravignani\". Universidad de Buenos Aires. Facultad de Filosofia y Letras. Instituto de Historia Argentina y Americana \"Dr. Emilio Ravignani\"; Argentina","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"149 - 172"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.7767/jbla-2015-0109","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– During the second half of the eighteenth century, the Spanish American mail apparatus began to be administered, directly, by the Spanish Crown. Until that time, the mail apparatus was administrated under concessions granted to particular individuals (called Correos Mayores). Indeed, in 1514 Lorenzo Galindez Carvajal received the title of Correo Mayor of the Indies but he exercised this right only partially. The central hypothesis of the article suggests that the colonial mail was not organized in the same way in all Spanish possessions. Instead, the mail apparatus functioned combining different administrative strategies depending on the practical necessities of each viceroyalty. Although the Crown tried in principle to organize the mail into a single body of regulations, the most important viceroyalties and Audiencias distributed the written correspondence in a differentiated manner. The following sections identify the three main models of mail administration in Peru, New Spain and New Kingdom of Granada. In general, the Spanish American mail apparatus was perceived by colonial officials as flexible but perfectible subject to modification to address their particular needs.
{"title":"Correos y comunicación escrita en la América colonial: esquemas de distribución de la correspondencia oficial (1514–1768)","authors":"N. F. González","doi":"10.7767/jbla-2015-0104","DOIUrl":"https://doi.org/10.7767/jbla-2015-0104","url":null,"abstract":"– During the second half of the eighteenth century, the Spanish American mail apparatus began to be administered, directly, by the Spanish Crown. Until that time, the mail apparatus was administrated under concessions granted to particular individuals (called Correos Mayores). Indeed, in 1514 Lorenzo Galindez Carvajal received the title of Correo Mayor of the Indies but he exercised this right only partially. The central hypothesis of the article suggests that the colonial mail was not organized in the same way in all Spanish possessions. Instead, the mail apparatus functioned combining different administrative strategies depending on the practical necessities of each viceroyalty. Although the Crown tried in principle to organize the mail into a single body of regulations, the most important viceroyalties and Audiencias distributed the written correspondence in a differentiated manner. The following sections identify the three main models of mail administration in Peru, New Spain and New Kingdom of Granada. In general, the Spanish American mail apparatus was perceived by colonial officials as flexible but perfectible subject to modification to address their particular needs.","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"112 1","pages":"37 - 64"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European religion came to the Americas with the sword and for centuries was directly aligned with domination. The cultural and political hegemony of Catholicism was reinforced by the power of laws and coercive public institutions. The mutual impact of violence and religion was heightened in many countries by the civil wars of the 19th century and then again in the last half of the 20th century as systematic state organized repression on a large scale ran into churches and religious actors redefining their mission and their outreach. The result was heightened public disputes, many deaths, and the emergence of sectors in the churches (and some national churches in particular) as key articulators of human rights and supporters of the human rights movement. The turn of many in the churches to human rights as an issue and a cause was spurred by the experience of encountering victims of violence and in many cases, becoming victims themselves.1 I use the term “real violence” to distinguish direct physical coercion of all kinds from the concept of “institutionalized violence” that became common coin in religious discourse in Latin America following the meeting of the region’s Catholic Bishops at Medellín in 1968. As a concept, institutionalized violence directs attention to the effects, often indirect, of unjust political, social, and economic structures. These include poverty, poor health and vulnerability to disease, precarious employment, limited education, restricted mobility, and abuse at the hands of the rich and powerful. These conditions are maintained by inequalities of power and create conditions that lead to preventable disease, early death, abuse and intimidation of all kinds. These are very real effects but the violence at issue in “real violence”
{"title":"Real Violence and Real Religion in Latin America","authors":"D. Levine","doi":"10.7767/jbla-2015-0113","DOIUrl":"https://doi.org/10.7767/jbla-2015-0113","url":null,"abstract":"European religion came to the Americas with the sword and for centuries was directly aligned with domination. The cultural and political hegemony of Catholicism was reinforced by the power of laws and coercive public institutions. The mutual impact of violence and religion was heightened in many countries by the civil wars of the 19th century and then again in the last half of the 20th century as systematic state organized repression on a large scale ran into churches and religious actors redefining their mission and their outreach. The result was heightened public disputes, many deaths, and the emergence of sectors in the churches (and some national churches in particular) as key articulators of human rights and supporters of the human rights movement. The turn of many in the churches to human rights as an issue and a cause was spurred by the experience of encountering victims of violence and in many cases, becoming victims themselves.1 I use the term “real violence” to distinguish direct physical coercion of all kinds from the concept of “institutionalized violence” that became common coin in religious discourse in Latin America following the meeting of the region’s Catholic Bishops at Medellín in 1968. As a concept, institutionalized violence directs attention to the effects, often indirect, of unjust political, social, and economic structures. These include poverty, poor health and vulnerability to disease, precarious employment, limited education, restricted mobility, and abuse at the hands of the rich and powerful. These conditions are maintained by inequalities of power and create conditions that lead to preventable disease, early death, abuse and intimidation of all kinds. These are very real effects but the violence at issue in “real violence”","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"237 - 248"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– Provisionários lawyers played a role of particular importance in the legal, political and administrative organization of the Estado da Índia during the 19th Century. The aim of this article is to try to understand the local reactions to the attempts from the Portuguese Government to control provisionários’ selection process and professional practice by the decree of 13 May 1869. On this basis, emphasis is placed on the study of the arguments put forward by Luís Manuel Júlio Frederico Gonçalves, whose response should be considered a decisive step to protect provisionários’s interests. The paper also shows that the 19th Century was an arena of social and professional struggle between on the one hand the provisionários and Goan elites and on the other hand the letrados (or lettered) Portuguese judges appointed to the Estado da Índia courts and the Portuguese
- Provisionários律师在19世纪期间在Índia国家的法律、政治和行政组织中发挥了特别重要的作用。本文的目的是试图了解当地对葡萄牙政府试图通过1869年5月13日的法令控制provisionários的选择过程和专业实践的反应。在此基础上，重点研究Luís Manuel Júlio Frederico gon alves提出的论点，他的回应应被视为保护provisionários利益的决定性步骤。该论文还表明，19世纪是社会和职业斗争的舞台，一方是provisionários和果阿精英，另一方是被任命为Estado da Índia法院的letrados(或字母)葡萄牙法官和葡萄牙人
{"title":"“Quem sabe o que é um advogado”? A resposta de Luís Manuel Júlio Frederico Gonçalves às tentativas de reforma dos provisionários goeses em 1869","authors":"Luís Pedroso de Lima, Cabral de Oliveira","doi":"10.7767/jbla-2015-0111","DOIUrl":"https://doi.org/10.7767/jbla-2015-0111","url":null,"abstract":"– Provisionários lawyers played a role of particular importance in the legal, political and administrative organization of the Estado da Índia during the 19th Century. The aim of this article is to try to understand the local reactions to the attempts from the Portuguese Government to control provisionários’ selection process and professional practice by the decree of 13 May 1869. On this basis, emphasis is placed on the study of the arguments put forward by Luís Manuel Júlio Frederico Gonçalves, whose response should be considered a decisive step to protect provisionários’s interests. The paper also shows that the 19th Century was an arena of social and professional struggle between on the one hand the provisionários and Goan elites and on the other hand the letrados (or lettered) Portuguese judges appointed to the Estado da Índia courts and the Portuguese","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"207 - 230"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
– Scholars have studied how the institutions of the Spanish Empire were implemented, have functioned and have evolved in America from the Sixteenth to the Nineteenth Century. Nevertheless, those structures only made sense because they were known, used, and eventually manipulated by the historical actors. Consequently, the issue of the circulation of law is instrumental in the understanding of the institutional and political functioning of the Spanish Monarchy. This article focuses on the Maya of the province of Yucatan and its objective is to highlight who could be willing that this sector of the colonial society would know the legislation (Derecho Indiano), and what kind of instruments were used in order to achieve this objective in the Sixteenth Century. The study will take into account the role played by the written, oral, and symbolic culture in the circulation of law among the Maya through the writing, the translation, the printing, and the conservation of legal documents, as well as through the proclamations made by public criers, the Franciscan missionaries’ sermons, and the exemplary punishments. One of our hypotheses is that royal agents, the Clergy, the Spaniards, and the Maya themselves were all conscious of the central role played by the circulation of legal culture in the relations of power, so that they struggled to maintain some control on this kind of information throughout the Sixteenth
{"title":"La circulación del derecho indiano entre los Mayas: Escritura, oralidad y orden simbólico en Yucatán, siglo XVI","authors":"C. Cunill","doi":"10.7767/jbla-2015-0103","DOIUrl":"https://doi.org/10.7767/jbla-2015-0103","url":null,"abstract":"– Scholars have studied how the institutions of the Spanish Empire were implemented, have functioned and have evolved in America from the Sixteenth to the Nineteenth Century. Nevertheless, those structures only made sense because they were known, used, and eventually manipulated by the historical actors. Consequently, the issue of the circulation of law is instrumental in the understanding of the institutional and political functioning of the Spanish Monarchy. This article focuses on the Maya of the province of Yucatan and its objective is to highlight who could be willing that this sector of the colonial society would know the legislation (Derecho Indiano), and what kind of instruments were used in order to achieve this objective in the Sixteenth Century. The study will take into account the role played by the written, oral, and symbolic culture in the circulation of law among the Maya through the writing, the translation, the printing, and the conservation of legal documents, as well as through the proclamations made by public criers, the Franciscan missionaries’ sermons, and the exemplary punishments. One of our hypotheses is that royal agents, the Clergy, the Spaniards, and the Maya themselves were all conscious of the central role played by the circulation of legal culture in the relations of power, so that they struggled to maintain some control on this kind of information throughout the Sixteenth","PeriodicalId":52370,"journal":{"name":"Jahrbuch fuer Geschichte Lateinamerikas/Anuario de Historia de Amrica Latina","volume":"52 1","pages":"15 - 36"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.7767/jbla-2015-0103","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71323595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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