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Immemorial (and native) customs in early modernity: Europe and the Americas
Comparative Legal History Pub Date : 2021-03-26 , DOI: 10.1080/2049677x.2021.1908930
Tamar Herzog

This text asks how a greater familiarity with European law would change our vision of colonial territories, most particularly, Latin America. Concentrating on the study of immemorial and native customs in both European and American territories, it argues that these customs were not necessarily ancient or authentic. Instead, they authorised making legal exceptions to the general rule in a legal universe that was dramatically different from our own. They sustained the existence and legitimacy of a local juridical sphere while also maintaining the importance of a common, cross-Christian, legal understanding. By showcasing what practitioners, jurists, theologians, and scholars have said about customs during the early modern period and since, the aim is not to criticise what had been done by others but to offer a useful framework that would allow us to meaningfully merge the multiplicity of voices historians have already recovered, as well as supply those who work on these issues with the necessary background.



中文翻译:

现代早期的远古(和本土)习俗:欧洲和美洲

本文提出了对欧洲法律的进一步熟悉将如何改变我们对殖民地,特别是拉丁美洲的领土的看法。它着重研究欧美领土上的远古风俗和本土风俗,认为这些风俗不一定是古老的或真实的。相反,他们授权在与我们自己的法律领域大不相同的法律领域中对一般规则进行法律例外。他们维持了当地司法领域的存在和合法性,同时也保持了跨基督教的共同法律理解的重要性。通过展示从业者,法学家,神学家和学者在现代早期及之后对风俗的评价,

更新日期:2021-05-11
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