The Empire of Brazil was a 19th-century state that broadly comprised the territories which form modern Brazil and Uruguay. Its government was a representative parliamentary constitutional monarchy under the rule of Emperors Dom Pedro I and his son Dom Pedro II.
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Who and what a government taxes, and how the government spends the money collected, are questions of primary concern to governments large and small, national and local. When public revenues pay for high-quality infrastructure and social services, citizens thrive and crises are averted. When public revenues are inadequate to provide those goods, inequality thrives and communities can verge into unrest—as evidenced by the riots during Greece’s financial meltdown and by the needless loss of life in Haiti’s collapse in the wake of the earthquake. In The Public Good and the Brazilian State, Anne G. Hanley assembles an economic history of public revenues as they developed in nineteenth-century Brazil. Specifically, Hanley investigates the financial life of the municipality—a district comparable to the county in the United States—to understand how the local state organized and prioritized the provision of public services, what revenues paid for those services, and what happened when the revenues collected failed to satisfy local needs. Through detailed analyses of municipal ordinances, mayoral reports, citizen complaints, and financial documents, Hanley sheds light on the evolution of public finance and its effect on the early economic development of Brazilian society. This deeply researched book offers valuable insights for anyone seeking to better understand how municipal finance informs histories of inequality and underdevelopment.
The politics of slavery and slave trade in nineteenth-century Cuba and Brazil is the subject of this acclaimed study, first published in Brazil in 2010 and now available for the first time in English. Cubans and Brazilians were geographically separate from each other, but they faced common global challenges that unified the way they re-created their slave systems between 1790 and 1850 on a basis completely departed from centuries-old colonial slavery. Here the authors examine the early arguments and strategies in favor of slavery and the slave trade and show how they were affected by the expansion of the global market for tropical goods, the American Revolution, the Haitian Revolution, the collapse of Iberian monarchies, British abolitionism, and the international pressure opposing the transatlantic slave trade. This comprehensive survey contributes to the comparative history of slavery, placing the subject in a global context rather than simply comparing the two societies as isolated units.
From the first encounters between the Portuguese and indigenous peoples in 1500 to the current political turmoil, the history of Brazil is much more complex and dynamic than the usual representations of it as the home of Carnival, soccer, the Amazon, and samba would suggest. This extensively revised and expanded second edition of the best-selling Brazil Reader dives deep into the past and present of a country marked by its geographical vastness and cultural, ethnic, and environmental diversity. Containing over one hundred selections—many of which appear in English for the first time and which range from sermons by Jesuit missionaries and poetry to political speeches and biographical portraits of famous public figures, intellectuals, and artists—this collection presents the lived experience of Brazilians from all social and economic classes, racial backgrounds, genders, and political perspectives over the past half millennium. Whether outlining the legacy of slavery, the roles of women in Brazilian public life, or the importance of political and social movements, The Brazil Reader provides an unparalleled look at Brazil’s history, culture, and politics.