Women in early 18th century Spanish Colonial New Mexico had rights and privileges under Spanish law that were not enjoyed by other women in North America until the late 19th and early 20th century. Women were considered separate entities under the law and valuable members of Spanish society. As such, they could own property, inherit in their own name, and act as court witnesses. In particular they could make accusations and denunciations to the local alcalde mayor and governor, which they frequently did. The documents in this book show that Spanish Colonial women were aware of their rights and took advantage of them to assert themselves in the struggling communities of the New Mexican frontier. In the documents, the women are shown making complaints of theft, physical and verbal abuse by their husbands or other women, and of non-payment of dowries or other inheritance. Other documents are included showing men accusing women of misrepresenting property ownership and dowry payments and of adultery and slander. Spain was a legalistic society and both women and men used the courts to settle even minor matters. Because the court proceedings were written down by a scribe and stored in the archives, many documents still exist. From these, thirty-one have been selected allowing us to hear the words of some outspoken Spanish women and the sometimes angry men, speaking their minds in court about their spouses, lovers of their spouses, children, and relatives, as well as their land, livestock and expected inheritance. The documents transcribed and translated in this book are a small number of the existing documents held in Santa Fe at the Spanish Archives of New Mexico, at the Bancroft Library at University of California, the Archivo General de la Nacion in Mexico City, and elsewhere. A synopsis, editor’s notes, maps, and biographical notes are provided. The material can be considered a companion, in part, to Ralph Emerson Twitchell’s 1914 two volumes, The Spanish Archives of New Mexico, available in new editions from Sunstone Press. *** “This is an important work from Linda Tigges and Richard Salazar dealing with early eighteenth century women and the law. However their court cases were decided, these Spanish Colonial women were successful in the legacy they left for future generations. If you are a twelfth generation New Mexican or a newcomer, you will find this work priceless.” —Henrietta Martinez Christmas

Women in early 18th century Spanish Colonial New Mexico had rights and privileges under Spanish law that were not enjoyed by other women in North America until the late 19th and early 20th century. Women were considered separate entities under the law and valuable members of Spanish society. As such, they could own property, inherit in their own name, and act as court witnesses. In particular they could make accusations and denunciations to the local alcalde mayor and governor, which they frequently did. The documents in this book show that Spanish Colonial women were aware of their rights and took advantage of them to assert themselves in the struggling communities of the New Mexican frontier. In the documents, the women are shown making complaints of theft, physical and verbal abuse by their husbands or other women, and of non-payment of dowries or other inheritance. Other documents are included showing men accusing women of misrepresenting property ownership and dowry payments and of adultery and slander. Spain was a legalistic society and both women and men used the courts to settle even minor matters. Because the court proceedings were written down by a scribe and stored in the archives, many documents still exist. From these, thirty-one have been selected allowing us to hear the words of some outspoken Spanish women and the sometimes angry men, speaking their minds in court about their spouses, lovers of their spouses, children, and relatives, as well as their land, livestock and expected inheritance. The documents translated into English in this book are a small number of the existing documents held in Santa Fe at the Spanish Archives of New Mexico, at the Bancroft Library at University of California, the Archivo General de la Nacion in Mexico City, and elsewhere. A synopsis, editor’s notes, maps, and biographical notes are provided. The material can be considered a companion, in part, to Ralph Emerson Twitchell’s 1914 two volumes, The Spanish Archives of New Mexico, available in new editions from Sunstone Press. Sunstone Press has also published a Spanish/English edition both in both hardcover and softcover.

"This outstanding collection makes available for the first time a remarkable range of primary sources that will enrich courses on women as well as Latin American history more broadly. Within these pages are captivating stories of enslaved African and indigenous women who protest abuse; of women who defend themselves from charges of witchcraft, cross-dressing, and infanticide; of women who travel throughout the empire or are left behind by the men in their lives; and of women’s strategies for making a living in a world of cross-cultural exchanges. Jaffary and Mangan's excellent Introduction and annotations provide context and guide readers to think critically about crucial issues related to the intersections of gender with conquest, religion, work, family, and the law." —Sarah Chambers, University of Minnesota

Emancipatory Narratives & Enslaved Motherhood examines three major currents in the historiography of Brazilian slavery: manumission, miscegenation, and creolisation. It revisits themes central to the history of slavery and race relations in Brazil, updates the research about them, and revises interpretations of the role of gender and reproduction within them. First, about the preponderance of women and children in manumission; second, about the association of black female mobility with intimate inter-racial relations; third, about the racialised and gendered routes to freed status; and fourth, about the legacies of West African female socio-economic behaviours for modalities of family and freedom in nineteenth-century Salvador da Bahia, Brazil. The central concern within the book is how African and African descendant women navigated enslaved motherhood and negotiated the divide between enslavement and freedom for themselves and their children. The book is, therefore, organised around the subject position of the enslaved mother and the reproduction of her children in enslavement, while the condition of enslaved motherhood is examined through overlapping historical praxis evidenced in nineteenth-century Bahia: contested freedom, racialised mothering, and competing maternal interests - biological, ritual, surrogate. The point at which these interests converged historically was, it is argued, a conflict over black female reproductive rights.

DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "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 Bartolomé 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."

Female Citizens, Patriarchs, and the Law in Venezuela examines the effects that liberalism had on gender relations in the process of state formation in Caracas from the late eighteenth to the nineteenth century. The 1811 Venezuelan constitution granted everyone in the abstract, including women, the right to be citizens and equals, but at the same time permitted the continued use of older Spanish civil laws that accorded women inferior status and granted greater authority to male heads of households. Invoking citizenship for their own protection and that of their loved ones, some women went to court to claim the same civil liberties and protections granted to male citizens. In the late eighteenth century, colonial courts dispensed some protection to women in their conflicts with men; a century later, however, patriarchal prerogatives were reaffirmed in court sentences. Discouraging as this setback was, the actions of the women who had fought these legal battles raised an awareness of the discrepancies between the law and women?s daily lives, laying the groundwork for Venezuelan women?s organizations in the twentieth century. Drawing on a wealth of primary sources, historian Arlene D�az shows how the struggle for political power in the modern state reinforced and reproduced patriarchal authority. She also reveals how Venezuelan women from different classes, in public and private, coped strategically with their paradoxical status as equal citizens who nonetheless lacked power because of their gender. Shedding light on a fundamental but little examined dimension of modern nation building, Female Citizens, Patriarchs, and the Law in Venezuela gives voice to historic Venezuelan women while offering a detailed look at a society making the awkward transition from the colonial world to a modern one.

Argues that laywomen's interactions with gendered theology, Catholic rituals, and church institutions significantly shaped colonial Mexico's religious culture.

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

As the geographic boundaries of early American history have expanded, so too have historians' attempts to explore the comparative dimensions of this history. At the same time, historians have struggled to find a conceptual framework flexible enough to incorporate the sweeping narratives of imperial history and the hidden narratives of social history into a broader, synthetic whole. No such paradigm that captures the two perspectives has yet emerged. New World Orders addresses these broad conceptual issues by reexamining the relationships among violence, sanction, and authority in the early modern Americas. More specifically, the essays in this volume explore the wide variety of legal and extralegal means—from state-sponsored executions to unsanctioned crowd actions—by which social order was maintained, with a particular emphasis on how extralegal sanctions were defined and used; how such sanctions related to legal forms of maintaining order; and how these patterns of sanction, embedded within other forms of colonialism and culture, created cultural, legal, social, or imperial spaces in the early Americas. With essays written by senior and junior scholars on the British, Spanish, Dutch, and French colonies, New World Orders presents one of the most comprehensive looks at the sweep of colonization in the Atlantic world. By juxtaposing case studies from Brazil, Venezuela, New York, California, Saint Domingue, and Louisiana with treatments of broader trends in Anglo-America or Spanish America more generally, the volume demonstrates the need to examine the questions of violence, sanction, and authority in hemispheric perspective.