By Linda Lewin
This e-book situates the altering patrimonial rights of illegitimate offspring in Brazil inside a method of Luso-Brazilian heirship that operated in the course of the ultimate part century of Portuguese colonial rule. along with delivering the 1st exact rationalization of the way the foundations of inheritance utilized to humans born open air wedlock, the book’s specialize in illegitimacy and patrimony presents a brand new point of view for assessing how kinfolk formation figured generally in past due colonial Brazil’s social evolution. Innovatively integrating felony background with fresh examine at the post-1750 historical past of the relatives in Brazil, the booklet unearths the importance of primary marriage and consensual cohabitation, clerical concubinage, hid paternity, and foundling wheels for Latin American social association. by way of reformulating the non-public legislations of kinfolk and inheritance, Portuguese criminal nationalism remodeled the juridical that means of bastardy and expected the emergence of the “surprise heir,” who figured so prominently in imperial Brazil’s court dramas and novels.
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Denis. 14 The importance of the Siete Partidas for Portugal’s juridical evolution lay in the greater prominence they gave to Roman civil law, as opposed to canon law. Novel reliance on Justinian’s Digest and Italian juridical commentary meant that the Siete Partidas innovatively drew on Justinian’s legacy. 15 Although the heaviest borrowing in the Siete Partidas came from the Corpus Juris, weighing that code in favor of ratio scripta—the written reason of Roman law tantamount to a rational system—it nonetheless represented a compromise between the latter and Iberian customary law.
Yet what became a Luso-Brazilian system of inheritance underwent substantial modification during the second half of the eighteenth century, thanks to a juridical movement known as legal nationalism. Famili- Introduction 3 arity with the civil law tradition within which Portugal’s inheritance system evolved, consequently, is essential as a preliminary step for grasping rules of heirship that largely derived from Roman law. Codification, for instance, sets off the European countries sharing a civil law tradition from the British Isles, Canada, and the United States.
The Commentators pushed forward what became identified as legal science, because they were inclined to engage in a speculative dialectic appropriate to rational inquiry. 11 The role played by the Commentators in developing and interpreting a jus commune that unified law gained significance as the princes appreciated the value of Roman law for their projects of political consolidation. Eventually, the Commentators broadened the jus commune to inscribe both canon and commercial law. The jurist, especially when connected directly to the court of the monarch as a counselor—who sometimes bore the reappropriated Roman designation of 6 Introduction “jurisconsult”—discharged a function within a civil law tradition that approximated that of the judge in the legal tradition of Anglo-American common law.