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Empire of Law and Indian Justice in Colonial Mexico shows how Indian litigants and petitioners made sense of Spanish legal principles and processes when the dust of conquest had begun to settle after 1600. By juxtaposing hundreds of case records with written laws and treatises, Owensby reveals how Indians saw the law as a practical and moral resource that allowed them to gain a measure of control over their lives and to forge a relationship to a distant king. Several chapters elucidate central concepts of Indian claimants in their encounter with the law over the seventeenth century--royal protection, possession of property, liberty, notions of guilt, village autonomy and self-rule, and subjecthood. Owensby concludes that Indian engagement with Spanish law was the first early modern experiment in cosmopolitan legality, one that faced the problem of difference head on and sought to bridge the local and the international. In so doing, it enabled indigenous claimants to forge a colonial politics of justice that opened up space for a conversation between colonial rulers and ruled.
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
Imperial Justice explores the imperial control of judicial governance and the adjudication of colonial difference in British Africa. Focusing on the Judicial Committee of the Privy Council and the colonial regional Appeal Courts for West Africa and East Africa, it examines how judicial discourses of native difference and imperial universalism in local disputes influenced practices of power in colonial settings and shaped an evolving jurisprudence of Empire. Arguing that the Imperial Appeal Courts were key sites where colonial legal modernity was fashioned, the book examines the tensions that permeated the colonial legal system such as the difficulty of upholding basic standards of British justice while at the same time allowing for local customary divergence which was thought essential to achieving that justice. The modernizing mission of British justice could only truly be achieved through recognition of local exceptionality and difference. Natives who appealed to the Courts of Empire were entitled to the same standards of justice as their 'civilized' colonists, yet the boundaries of racial, ethnic, and cultural difference somehow had to be recognized and maintained in the adjudicatory process. Meeting these divergent goals required flexibility in colonial law-making as well as in the administration of justice. In the paradox of integration and differentiation, imperial power and local cultures were not always in conflict but were sometimes complementary and mutually reinforcing. The book draws attention not only to the role of Imperial Appeal Courts in the colonies but also to the reciprocal place of colonized peoples in shaping the processes and outcomes of imperial justice. A valuable addition to British colonial literature, this book places Africa in a central role, and examines the role of the African colonies in the shaping of British Imperial jurisprudence.
During the late sixteenth and seventeenth centuries, countless slaves from culturally diverse communities in the Indian subcontinent and Southeast Asia journeyed to Mexico on the ships of the Manila Galleon. Upon arrival in Mexico, they were grouped together and categorized as chinos. Their experience illustrates the interconnectedness of Spain's colonies and the reach of the crown, which brought people together from Africa, the Americas, Asia and Europe in a historically unprecedented way. In time, chinos in Mexico came to be treated under the law as Indians, becoming indigenous vassals of the Spanish crown after 1672. The implications of this legal change were enormous: as Indians, rather than chinos, they could no longer be held as slaves. Tatiana Seijas tracks chinos' complex journey from the slave market in Manila to the streets of Mexico City, and from bondage to liberty. In doing so, she challenges commonly held assumptions about the uniformity of the slave experience in the Americas.
Via military conquest, Catholic evangelization, and intercultural engagement and struggle, a vast array of knowledge circulated through the Spanish viceroyalties in Mexico and the Andes. This collection highlights the critical role that indigenous intellectuals played in this cultural ferment. Scholars of history, anthropology, literature, and art history reveal new facets of the colonial experience by emphasizing the wide range of indigenous individuals who used knowledge to subvert, undermine, critique, and sometimes enhance colonial power. Seeking to understand the political, social, and cultural impact of indigenous intellectuals, the contributors examine both ideological and practical forms of knowledge. Their understanding of "intellectual" encompasses the creators of written texts and visual representations, functionaries and bureaucrats who interacted with colonial agents and institutions, and organic intellectuals. Contributors. Elizabeth Hill Boone, Kathryn Burns, John Charles, Alan Durston, María Elena Martínez, Tristan Platt, Gabriela Ramos, Susan Schroeder, John F. Schwaller, Camilla Townsend, Eleanor Wake, Yanna Yannakakis
An examination of France’s Atlantic and Indian Ocean empires through the stories of the little-known people who built it This book is a groundbreaking evaluation of the interwoven trajectories of the people, such as itinerant ship-workers and colonial magistrates, who built France’s first empire between 1680 and 1780 in the Atlantic and Indian Oceans. These imperial subjects sought political and legal influence via law courts, with strategies that reflected local and regional priorities, particularly regarding slavery, war, and trade. Through court records and legal documents, Wood reveals how courts became liaisons between France and new colonial possessions.
Historical approaches to the study of world politics have always been a major part of the academic discipline of International Relations, and there has recently been a resurgence of scholarly interest in this area. This Oxford Handbook examines the past and present of the intersection between history and IR, and looks to the future by laying out new questions and directions for research. Seeking to transcend well-worn disciplinary debates between historians and IR scholars, the Handbook asks authors from both fields to engage with the central themes of 'modernity' and 'granularity'. Modernity is one of the basic organising categories of speculation about continuity and discontinuity in the history of world politics, but one that is increasingly questioned for privileging one kind of experience and marginalizing others. The theme of granularity highlights the importance of how decisions about the scale and scope of historical research in IR shape what can be seen, and how one sees it. Together, these themes provide points of affinity across the wide range of topics and approaches presented here. The Handbook is organized into four parts. The first, 'Readings', gives a state-of-the-art analysis of numerous aspects of the disciplinary encounter between historians and IR theorists. Thereafter, sections on 'Practices', 'Locales', and 'Moments' offer a wide variety of perspectives, from the longue durée to the ephemeral individual moment, and challenge many conventional ways of defining the contexts of historical enquiry about international relations. Contributors come from a range of academic backgrounds, and present a diverse array of methodological and philosophical ideas, as well as their various historical interests. The Oxford Handbooks of International Relations is a twelve-volume set of reference books offering authoritative and innovative engagements with the principal sub-fields of International Relations. The series as a whole is under the General Editorship of Christian Reus-Smit of the University of Queensland and Duncan Snidal of the University of Oxford, with each volume edited by specialists in the field. The series both surveys the broad terrain of International Relations scholarship and reshapes it, pushing each sub-field in challenging new directions. Following the example of Reus-Smit and Snidal's original Oxford Handbook of International Relations, each volume is organized around a strong central thematic by scholars drawn from different perspectives, reading its sub-field in an entirely new way, and pushing scholarship in challenging new directions.
A sweeping history of the Native Southerners who wrote their principles into Spanish and English law A sweeping history of the Native Southerners who challenged European empires from the inside, Republic of Indians tells the story of Indigenous leaders who wrote their principles into Spanish and English law. While in the Spanish Empire, Natives were a recognized part of “la república de indios,” the “republic of Indians,” other Natives across the early American South understood themselves to be joined with European colonists in larger polities, each jealously guarding their own bodies of liberties under royal sanction. Thus, rather than simply rejecting European pretensions to rule them as subjects and vassals, Native Southerners as diverse as the Apalachees, Pamunkeys, Powhatans, and Timucuas redefined their status to become political players in legislative assemblies and the courts of distant monarchs. They pushed for incorporation in larger political systems in which they had a say and were themselves instrumental in creating. Adapting pre-invasion practices to the technology of writing and the challenges of colonialism, Indigenous petitioners sought exemptions from labor and protection for “the lands that God gave to them,” as well as the right to install preferred leaders, avoid enslavement, ally with the Crown against colonists, ease harsh colonial laws, and even amend the terms of treaties and compacts. Bradley J. Dixon shows how their petitions also stand as enduring contributions to American political thought and how it was these “vassals” and “subjects” who gave meaning to the modern idea of tribal sovereignty. In the South, the Spanish and English empires came to resemble one another precisely because they were both dependent to a remarkable degree on maintaining Indigenous political consent and were founded in large part on Indigenous conceptions of law.
Engaging Children in Vast Early America examines the often overlooked roles that children played in moments of contact between Indigenous groups, Europeans, and Africans in North and South America over the course of the seventeenth through nineteenth centuries. Adulthood is the default lens through which most of history is examined. This is because so few historians analyze the age or life stage of those they study. As a result, people of the past are often assumed to be adults when their actions or experiences align more closely with what modern society deems “adultlike.” Many of these “assumed adults,” however, were agentive children. This collaborative collection is the first of its kind to invite experts in the field of Vast Early America to engage with the history of childhood and youth. The result is nine innovative essays that expand our understanding of childhood and agentive children but also of empire and everyday life in Vast Early America. This accessible text is a unique resource for undergraduate courses in childhood and youth history, family history, and early American history.
“Latin America” is a concept firmly entrenched in its philosophical, moral, and historical meanings. And yet, Mauricio Tenorio-Trillo argues in this landmark book, it is an obsolescent racial-cultural idea that ought to have vanished long ago with the banishment of racial theory. Latin America: The Allure and Power of an Idea makes this case persuasively. Tenorio-Trillo builds the book on three interlocking steps: first, an intellectual history of the concept of Latin America in its natural historical habitat—mid-nineteenth-century redefinitions of empire and the cultural, political, and economic intellectualism; second, a serious and uncompromising critique of the current “Latin Americanism”—which circulates in United States–based humanities and social sciences; and, third, accepting that we might actually be stuck with “Latin America,” Tenorio-Trillo charts a path forward for the writing and teaching of Latin American history. Accessible and forceful, rich in historical research and specificity, the book offers a distinctive, conceptual history of Latin America and its many connections and intersections of political and intellectual significance. Tenorio-Trillo’s book is a masterpiece of interdisciplinary scholarship.