Surprise Heirs: Illegitimacy, patrimonial rights, and legal nationalism in Luso-Brazilian inheritance, 1750-1821

Surprise Heirs: Illegitimacy, patrimonial rights, and legal nationalism in Luso-Brazilian inheritance, 1750-1821

Author: Linda Lewin

Publisher:

Published: 2003

Total Pages: 272

ISBN-13:

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This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book’s focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil’s social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the “surprise heir,” who figured so prominently in imperial Brazil’s courtroom dramas and novels.


Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600

Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600

Author: Grace E. Coolidge

Publisher: U of Nebraska Press

Published: 2022-12

Total Pages: 408

ISBN-13: 149623362X

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Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600 looks at illegitimacy across the fifteenth and sixteenth centuries and analyzes its implications for gender and family structure in the Spanish nobility, a class whose actions, structure, and power had immense implications for the future of the country and empire. Grace E. Coolidge demonstrates that women and men were able to challenge traditional honor codes, repair damaged reputations, and manipulate ideals of marriage and sexuality to encompass extramarital sexuality and the nearly constant presence of illegitimate children. This flexibility and creativity in their sexual lives enabled members of the nobility to repair, strengthen, and maintain their otherwise fragile concept of dynasty and lineage, using illegitimate children and their mothers to successfully project the noble dynasty into the future--even in an age of rampant infant mortality that contributed to the frequent absence of male heirs. While benefiting the nobility as a whole, the presence of illegitimate children could also be disruptive to the inheritance process, and the entire system privileged noblemen and their aims and goals over the lives of women and children. This book enriches our understanding of the complex households and families of the Spanish nobility, challenging traditional images of a strict patriarchal system by uncovering the hidden lives that made that system function.


The Long, Lingering Shadow

The Long, Lingering Shadow

Author: Robert J. Cottrol

Publisher: University of Georgia Press

Published: 2013-02-01

Total Pages: 388

ISBN-13: 0820344311

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Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination--a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.


The Oligarchy and the Old Regime in Latin America, 1880-1970

The Oligarchy and the Old Regime in Latin America, 1880-1970

Author: Dennis Gilbert

Publisher: Rowman & Littlefield

Published: 2017-02-22

Total Pages: 304

ISBN-13: 1442270918

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In the last decades of the nineteenth century and early years of the twentieth, a new class—the oligarchy—consolidated its wealth and political power in Latin America. Its members were the sugar planters, coffee growers, cattle barons, and bankers who were growing rich in a rapidly expanding global economy. Examining these immensely powerful groups, Dennis Gilbert provides a systematic comparative history of the rise and ultimate demise of the oligarchies that dominated Latin America for nearly a century. He then sketches a fine-grained portrait of three prominent Peruvian families, providing a vivid window into the everyday exercise of power. Here we see the oligarchs arranging the deportation of “political undesirables,” controlling labor through means subtle and brutal, orchestrating press campaigns, extending credit on easy terms to rising military officers, and financing the overthrow of an unfriendly government. Gilbert concludes by answering three questions: What were the sources of oligarchic power? What were the forces that undermined it? Why did oligarchies persist longer in some countries than in others? His clear, comprehensible, and illuminating analysis will make this an invaluable book for all students of modern Latin America.


Children of Fate

Children of Fate

Author: Nara B. Milanich

Publisher: Duke University Press

Published: 2009-10-09

Total Pages: 374

ISBN-13: 0822391295

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In modern Latin America, profound social inequalities have persisted despite the promise of equality. Nara B. Milanich argues that social and legal practices surrounding family and kinship have helped produce and sustain these inequalities. Tracing families both elite and plebeian in late-nineteenth- and early-twentieth-century Chile, she focuses on a group largely invisible in Latin American historiography: children. The concept of family constituted a crucial dimension of an individual’s identity and status, but also denoted a privileged set of gendered and generational dependencies that not all people could claim. Children of Fate explores such themes as paternity, illegitimacy, kinship, and child circulation over the course of eighty years of Chile’s modern history to illuminate the ways family practices and ideologies powerfully shaped the lives of individuals as well as broader social structures. Milanich pays particular attention to family law, arguing that liberal legal reforms wrought in the 1850s, which left the paternity of illegitimate children purposely unrecorded, reinforced not only patriarchal power but also hierarchies of class. Through vivid stories culled from judicial and notarial sources and from a cache of documents found in the closet of a Santiago orphanage, she reveals how law and bureaucracy helped create an anonymous underclass bereft of kin entitlements, dependent on the charity of others, and marginalized from public bureaucracies. Milanich also challenges the recent scholarly emphasis on state formation by highlighting the enduring importance of private, informal, and extralegal relations of power within and across households. Children of Fate demonstrates how the study of children can illuminate the social organization of gender and class, liberalism, law, and state power in modern Latin America.


Rebellion on the Amazon

Rebellion on the Amazon

Author: Mark Harris

Publisher: Cambridge University Press

Published: 2010-09-13

Total Pages: 353

ISBN-13: 0521437237

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This is the first book-length study in English to examine the Cabanagem, one of Brazil's largest peasant and urban-poor insurrections.


A Companion to Latin American Legal History

A Companion to Latin American Legal History

Author:

Publisher: BRILL

Published: 2023-12-04

Total Pages: 627

ISBN-13: 900443609X

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This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.


Children of the Father King

Children of the Father King

Author: Bianca Premo

Publisher: Univ of North Carolina Press

Published: 2006-05-18

Total Pages: 367

ISBN-13: 080787695X

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In a pioneering study of childhood in colonial Spanish America, Bianca Premo examines the lives of youths in the homes, schools, and institutions of the capital city of Lima, Peru. Situating these young lives within the framework of law and intellectual history from 1650 to 1820, Premo brings to light the colonial politics of childhood and challenges readers to view patriarchy as a system of power based on age, caste, and social class as much as gender. Although Spanish laws endowed elite men with an authority over children that mirrored and reinforced the monarch's legitimacy as a colonial "Father King," Premo finds that, in practice, Lima's young often grew up in the care of adults--such as women and slaves--who were subject to the patriarchal authority of others. During the Bourbon Reforms, city inhabitants of all castes and classes began to practice a "new politics of the child," challenging men and masters by employing Enlightenment principles of childhood. Thus the social transformations and political dislocations of the late eighteenth century occurred not only in elite circles and royal palaces, Premo concludes, but also in the humble households of a colonial city.


Children of Uncertain Fortune

Children of Uncertain Fortune

Author: Daniel Livesay

Publisher: UNC Press Books

Published: 2018-01-11

Total Pages: 432

ISBN-13: 1469634449

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By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices. The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters--the very people who decided Britain's colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes--rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.


Crossroads of Freedom

Crossroads of Freedom

Author: Walter Fraga

Publisher: Duke University Press

Published: 2016-04-15

Total Pages: 235

ISBN-13: 0822374552

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By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.