By M. C. Mirow
ISBN-10: 0292702329
ISBN-13: 9780292702325
ISBN-10: 029279844X
ISBN-13: 9780292798441
Deepest legislations touches each point of people's day-by-day lives - landholding, inheritance, inner most estate, marriage and relations kin, contracts, employment, and company dealings - and the courtroom documents and felony records produced less than inner most legislation are a wealthy resource of data for somebody gaining knowledge of social, political, monetary, or environmental historical past. yet to make use of those documents absolutely, researchers desire a primary realizing of ways deepest legislation and criminal associations functioned within the position and period of time lower than learn. This e-book deals the 1st accomplished advent in both English or Spanish to non-public legislations in Spanish Latin the United States from the colonial interval to the current. M. C. Mirow organizes the booklet into 3 vast sections that describe inner most legislations and criminal associations within the colonial interval, the independence period and 19th century, and the 20th century. every one part starts off with an advent to the character and serve as of non-public legislations in the course of the interval and discusses such themes as criminal schooling and legal professionals, criminal resources, courts, land, inheritance, advertisement legislations, kinfolk legislations, and private prestige. every one part additionally offers topics of precise curiosity in the course of its respective period of time, together with slavery, Indian prestige, codification, land reform, and improvement and globalisation.
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Extra resources for Latin American Law: A History of Private Law and Institutions in Spanish America
Sample text
12 Advanced degrees were even rarer. Until the eighteenth century, the formal structure of legal education during the colonial period was uniform and based on Salamanca. 15 Professors were expected to divide their time between reading and explaining the text selected for presentation. Students were expected to memorize important sections of the texts. In daily lectures, professors read and commented on primary texts; students copied the texts and took notes. 16 Teaching positions in law were generally designated by university statute Legal Education and Lawyers 35 and were described in terms of the general text to be taught.
36 The key institution that worked in tandem with the royal official was the audiencia, a governing body with a fixed territorial jurisdiction. The term audiencia is used to refer to different elements of colonial government. Depending on context, an audiencia may be a political subdivision subject to the power of a group of men under a royal representative, or the group of men itself. More than one audiencia might be under the jurisdiction of a viceroy. 37 Audiencias had combined powers of government that today we may think of as including legislative, executive, and administrative functions.
37 The Leyes de Toro, later glossed by Antonio Gómez, resolved various doubts resulting from the multiplicity of sources available to provide rules of private law. Attempting to bolster the legal independence and control of the kingdom, the Leyes de Toro provided new laws concerning testaments by representatives, and the regulation of bequests and mayorazgos (entailed estates). It also attempted to prohibit the use of Roman law, which had been limited earlier in 1427 and 1499. The 1499 rule of citation permitted advocates to present only the biggest names in Roman and canon law—Bartolus, Baldus, Juan Andrés, and Panormitanus—as commentary sources.