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.

Show description

Read Online or Download Surprise Heirs I PDF

Best legal history books

Early Greek Law

Drawing at the facts of anthropology in addition to historic literature and inscriptions, Gagarin examines the emergence of legislations in Greece from the eighth throughout the sixth centuries B. C. , that's, from the oral tradition of Homer and Hesiod to the written enactment of codes of legislation in so much significant towns.

Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth-Century England

This ebook contains a examine of 2 very important and comparable items of thirteenth-century English legislation--the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267. In setting up the political and felony context of those statutes and reading the method of drafting them, the quantity makes use of a really wide variety of manuscript assets.

Civil society in China : the legal framework from ancient times to the new reform era

This is often the definitive ebook at the felony and monetary framework for civil society businesses (CSOs) in China from earliest instances to the current day. Civil Society in China strains the ways that legislation and laws have formed civil society over the 5,000 years of China's heritage and appears at ways that social and fiscal background have affected the felony adjustments that experience happened over the millennia.

Jury, State, and Society in Medieval England

This e-book portrays the good number of paintings that medieval English juries conducted whereas highlighting the dramatic bring up in calls for for jury provider that happened in this interval.

Additional resources for Surprise Heirs I

Sample text

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.

Download PDF sample

Rated 4.98 of 5 – based on 16 votes