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The Social History of Law in Nineteenth-Century Latin America examines how ordinary people responded to the transformation of Latin America's systems of justice following the end of the colonial period. In the decades following Latin American independence the region embarked on a veritable legal revolution. In this period, Latin American lawmakers eliminated the differences between social groups that had defined the colonial legal order. They abolished slavery. They designed procedural rules to guarantee the equal treatment of all litigants and dramatically improved the accessibility of the law, building courts and appointing justices of the peace in areas whose residents had previously had little contact with formal judicial institutions. Scholars have done much to illuminate the intellectual history of that legal revolution. But they have neglected to study the impact of legal change on society in nineteenth-century Latin America, treating republican law largely as touching the lives of popular sectors only as a disruptive, punitive imposition. This volume, by contrast, explores how ordinary people engaged with and used republican law. Its contributors consider how Latin America's post-colonial legal revolution remade not only the paper-worlds of men of letters but the world of ideas, interests, and ambitions of the region's non-elite majorities.
Contents
List of Tables
Notes on Contributors
Acknowledgements
Part I From Colony to Republic
Civil Suits among Late Colonial Subjects in Mexico and Peru Bianca Premo
Women, Murderesses, and the Law in Colonial and Republican Venezuela Reuben Zahler
Enslaved Mothers as Litigants in Colonial and Post-Colonial Brazil Cassia Roth
Part II The Uses of Law 4. Women's Legal Strategies in the Early Colombian Republic Ángela Pérez-Villa
The Legal Rights of Slaveholders in Gradual Emancipation Colombia Yesenia Barragan
Land Disentailment Through the Eyes of Indigenous Litigants in Nineteenth Century Michoacán Helga Baitenmann
Changes in Indigenous Property Rights in Post-Colonial Mexico Daniela Marino
Part III The Limits of Law
Labour Laws before Labour Law in Post-Colonial Latin America Juan Manuel Palacio
Vagrancy Laws and Forced Labor in Post-Colonial Brazil, 1824-1840 André Jockyman Roithmann
Labour, Servitude, and Republican Law in Post-Colonial Bolivia María Luisa Soux
Debt Peonage in Post-Colonial Mexico Casey Lurtz
Final Reflections on Legalism, Decolonisation, and Slavery in Nineteenth-Century Latin America Fernanda Pirie
Index



