A “lucid” analysis of the territorial formation of Spain and Portugal in both Europe and the Americas (Publishers Weekly). Frontiers of Possession asks how territorial borders were established in Europe and the Americas during the early modern period and challenges the standard view that national boundaries are largely determined by military conflicts and treaties. Focusing on Spanish and Portuguese claims in the New and Old Worlds, Tamar Herzog reconstructs the different ways land rights were negotiated and enforced, sometimes violently, among people who remembered old possessions or envisioned new ones: farmers and nobles, clergymen and missionaries, settlers and indigenous peoples. Questioning the habitual narrative that sees the Americas as a logical extension of the Old World, Herzog portrays Spain and Portugal on both sides of the Atlantic as one unified imperial space. She begins in the Americas, where Iberian conquerors had to decide who could settle the land, who could harvest fruit and cut timber, and who had river rights for travel and trade. The presence of indigenous peoples as enemies to vanquish or allies to befriend, along with the vastness of the land, complicated the picture, as did the promise of unlimited wealth. In Europe, meanwhile, the formation and re-formation of boundaries could last centuries, as ancient entitlements clashed with evolving economic conditions and changing political views and juridical doctrines regarding how land could be acquired and maintained. Herzog demonstrates that the same fundamental questions had to be addressed in Europe and in the Americas. Territorial control was always subject to negotiation, as neighbors and outsiders, in their quotidian interactions, carved out and defended new frontiers of possession. Praise for Frontiers of Possession “Herzog succeeds in her aim of moving beyond the usually separate histories of Spain and Portugal—and of Europe and the Americas—to complicate the accepted understanding of national and imperial boundaries as immutable facts rather than as ongoing sites of contestation.” —William O’Connor, The Daily Beast “This book is about as thorough a research work as this reviewer has ever encountered . . . This is a truly innovative and well-documented interpretation of this topic.” —D. L. Tengwall, Choice “The best account we now have of the long legal and political rivalry between the world’s first modern imperial powers.” —Anthony Pagden, author of The Enlightenment and Why It Still Matters

Tamar Herzog asks how territorial borders were established in the early modern period and challenges the standard view that national boundaries are settled by military conflicts and treaties. Claims and control on both sides of the Atlantic were subject to negotiation, as neighbors and outsiders carved out and defended new frontiers of possession.

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

This book presents the first full-length explanation in English of Heinsohn and Steiger's groundbreaking theory of money and interest, which emphasizes the role played by private property rights. Ownership economics gives an alternative explanation of money and interest, proposing that operations enabled by property lead to interest and money, rather than exchange of goods. Like any other approach, it has to answer economic theory's core question: what is the loss that has to be compensated by interest? Ownership economics accepts neither a temporary loss of goods, as in neoclassical economics, nor Keynes's temporary loss of already existing, exogenous money as the cause of interest. Rather, money is created as a non-physical title to property in a credit contract secured by a debtor's collateral and the creditor's net worth. This book is an edited English translation of a highly successful German text, and offers the first book-length treatment of a theory which has received much interest since its first appearance in articles in the late 1970s.

Momentous changes swept Spain in the fifteenth century. A royal marriage united Castile and Aragon, its two largest kingdoms. The last Muslim emirate on the Iberian Peninsula fell to Spanish Catholic armies. And conquests in the Americas were turning Spain into a great empire. Yet few in this period of flourishing Spanish power could define “Spain” concretely, or say with any confidence who were Spaniards and who were not. Speaking of Spain offers an analysis of the cultural and political forces that transformed Spain’s diverse peoples and polities into a unified nation. Antonio Feros traces evolving ideas of Spanish nationhood and Spanishness in the discourses of educated elites, who debated whether the union of Spain’s kingdoms created a single fatherland (patria) or whether Spain remained a dynastic monarchy comprised of separate nations. If a unified Spain was emerging, was it a pluralistic nation, or did “Spain” represent the imposition of the dominant Castilian culture over the rest? The presence of large communities of individuals with Muslim and Jewish ancestors and the colonization of the New World brought issues of race to the fore as well. A nascent civic concept of Spanish identity clashed with a racialist understanding that Spaniards were necessarily of pure blood and “white,” unlike converted Jews and Muslims, Amerindians, and Africans. Gradually Spaniards settled the most intractable of these disputes. By the time the liberal Constitution of Cádiz (1812) was ratified, consensus held that almost all people born in Spain’s territories, whatever their ethnicity, were Spanish.

The word “possession” is anything but transparent, especially as it developed in the context of the African Americas. There it referred variously to spirits, material goods, and people. It served as a watershed term marking both transactions in which people were made into things—via slavery—and ritual events by which the thingification of people was revised. In Spirited Things, Paul Christopher Johnson gathers together essays by leading anthropologists in the Americas that reopen the concept of possession on these two fronts in order to examine the relationship between African religions in the Atlantic and the economies that have historically shaped—and continue to shape—the cultures that practice them. Exploring the way spirit possessions were framed both by material things—including plantations, the Catholic church, the sea, and the phonograph—as well as by the legacy of slavery, they offer a powerful new way of understanding the Atlantic world.

In this book Tamar Herzog explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the natural result of common factors such as language or religion, or that they were artificially imagined, Herzog reexamines early modern categories of belonging. She argues that the distinction between those who were Spaniards and those who were foreigners came about as local communities distinguished between immigrants who were judged to be willing to take on the rights and duties of membership in that community and those who were not.

This book is an account of two dimension of state and nation building in France and Spain since the seventeenth century--the invention of a national boundary line and the making of Frenchmen and Spaniards. It is also a history of Catalan rural society in the Cerdanya, a valley in the eastern Pyrenees divided between Spain and France in 1659. This study shuttles between two levels, between the center and the periphery. It connects the "macroscopic" political and diplomatic history of France and Spain, from the Old Regime monarchies to the national territorial states of the later nineteenth century; and the "molecular" history--the historical ethnography--of Catalan village communities, rural nobles, and peasants in the borderland. On the frontier, these two histories come together, and they can be told as one. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990. This book is an account of two dimension of state and nation building in France and Spain since the seventeenth century--the invention of a national boundary line and the making of Frenchmen and Spaniards. It is also a history of Catalan rural society in

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.