Spain has an extraordinarily rich legal history, one that reflects Roman, Gothic, Arabic, Papal, Holy Roman and French influences, and was the first nation to produce a published commercial code.

The final of four volumes in the 'California History Sesquicentennial Series', this text compiles original essays which treat the consequential role of post-Gold Rush California government, politics and law in the building of a dynamic state with lasting impact to the present day.

Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico

A NEW YORK TIMES BESTSELLER. A sweeping history of the Spanish Civil War, told through a dozen characters, including Hemingway and George Orwell: A tale of idealism, heartbreaking suffering, and a noble cause that failed. For three crucial years in the 1930s, the Spanish Civil War dominated headlines in America and around the world, as volunteers flooded to Spain to help its democratic government fight off a fascist uprising led by Francisco Franco and aided by Hitler and Mussolini. Today we're accustomed to remembering the war through Hemingway’s For Whom the Bell Tolls and Robert Capa’s photographs. But Adam Hochschild has discovered some less familiar yet far more compelling characters who reveal the full tragedy and importance of the war: a fiery nineteen-year-old Kentucky woman who went to wartime Spain on her honeymoon, a Swarthmore College senior who was the first American casualty in the battle for Madrid, a pair of fiercely partisan, rivalrous New York Times reporters who covered the war from opposites sides, and a swashbuckling Texas oilman with Nazi sympathies who sold Franco almost all his oil — at reduced prices, and on credit. It was in many ways the opening battle of World War II, and we still have much to learn from it. Spain in Our Hearts is Adam Hochschild at his very best. “With all due respect to Orwell, Spain in Our Hearts should supplant Homage to Catalonia as the best introduction to the conflict written in English. A humane and moving book."—New Republic “Excellent and involving . . . What makes [Hochschild’s] book so intimate and moving is its human scale.” — Dwight Garner, New York Times

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."