The Legal Mechanics of Spanish Conquest: War and Peace in Early Colonial Peru

2021 ◽  
pp. 81-106
Author(s):  
Arnulf Becker Lorca
Keyword(s):  
Early Modern ◽  
Legal Regulation ◽  
War And Peace ◽  
Spanish Conquest ◽  
Limited Space ◽  
Colonial Peru ◽  
Early Colonial ◽  
The Law ◽  
Modern War ◽  
War Discourse

Whereas Anuschka Tischer’s chapter focusses on the early modern war discourse in Europe, Arnulf Becker Lorca in this chapter examines the legal mechanics of conquest in early colonial Peru. Conventional and postcolonial legal histories focus on the recognition of the indio as free subject, a reaction to the excesses of conquistadores that marked the beginning of the legal regulation of conquest. In contrast, this chapter shows that conquest from the beginning was a regulated enterprise. The law offered a mechanics of conquest. But this law was not only for the Spanish, but also for natives, including Inca elites to manoeuvre. Where conventional histories see in the law a promise of peace between Spaniards and natives, postcolonial histories (presented by Mallavarapu and Chimni in this volume) see a justification of war. In this chapter, we will see a continuum between war and peace with plenty of room for Spanish violence, with some room for Inca resistance, and with a potential, although limited, space for coexistence between the two.

2. Tolstoy on war and on peace

2019 ◽  
pp. 12-29
Author(s):  
Liza Knapp
Keyword(s):  
War And Peace ◽  
Truth Telling ◽  
The Caucasus ◽  
The Law ◽  
Modern War

Tolstoy is often hailed as the father of the modern war story. What makes Tolstoy’s writing on war so good—and so modern—is how he seems to tell the truth about war. As he drew on his first-hand experience of warfare in the Caucasus and Crimea, Tolstoy made it clear that he was not going to repeat old lies to the effect that ‘it is sweet and fitting to die for one’s country’. ‘Tolstoy on war and on peace’ explains that Tolstoy went further in his truth-telling to reveal not just that war is hell, but that it violates the ‘law of love’ that the participants profess. It explores ‘The Raid’, the Sevastopol tales, War and Peace, and Hadji Murat.

scholarly journals MATERIAL ENCOUNTERS: KNOTTING CULTURES IN EARLY MODERN PERU AND SPAIN

2019 ◽  
Vol 62 (3) ◽  
pp. 583-615
Author(s):  
STEFAN HANß
Keyword(s):  
Material Culture ◽  
Early Modern ◽  
Spanish Empire ◽  
Early Modern Spain ◽  
Material World ◽  
Cultural Encounters ◽  
Spanish Conquest ◽  
Colonial Peru ◽  
The Moment ◽  
Material Evidence

AbstractThis article discusses the early modern nexus between feather-work and textiles with a focus on Spanish Peru. Whilst Peruvian feather-work has been defined as pre-Columbian, this article presents new textual, visual, and material evidence that shows its significance in the material culture of colonial Peru, which serves to initiate a broader debate on the dynamics of cultural encounters in the Ibero-American world. I chart the development of craft cultures beyond the moment of the Spanish conquest of the Americas by discussing Peruvian practices of feather manufacturing in relation to the production and usage of textiles in early modern Spain. This approach, I argue, will enable a reconsideration of the dynamics of the Spanish Empire, whose centres and peripheries were linked through circulating objects that constituted a shared material world. In the particular case of feather-work, this was a world that jointly valued the aesthetics of knots and the intricacy of knotting.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

Women, Unfree Labor, and Slavery in the Atlantic World

2018 ◽  
Author(s):  
Marisa J. Fuentes
Keyword(s):  
Early Modern ◽  
Atlantic World ◽  
Sexual Exploitation ◽  
Human Beings ◽  
Spanish Conquest ◽  
Unfree Labor ◽  
Women's Lives ◽  
Marginalized Women ◽  
Different Populations ◽  
Free Women

This chapter focuses on various and comparative experiences of different populations of women in unfree labor systems in the early modern Atlantic world, beginning with indigenous women in the Americas who suffered the violent consequences of Spanish conquest. It discusses gendered contexts shaping slavery in West Africa, the Caribbean, and South America; the expansion of the Atlantic slave trade; and the consequences for unfree and free women in different communities of North America during the period of international trade in human beings. It centers the experience of sexual exploitation inherent in labor systems in which women brokered no power over their bodies and reproductive lives, elucidating the limitations of archives in which women’s perspectives are largely silenced. Efforts at evacuating the lives of marginalized women from the silences in the archives have offered new insights into women’s lives and changed understandings about everyday experience in the early modern Atlantic world.

Sign in / Sign up

Export Citation Format

Share Document