Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico

This book provides a new interpretation of Spanish American independence, emphasising political processes.

Juan Bautista de Anza arrived in Santa Fe at a time when New Mexico, like Spain’s other North American colonies, faced heightened threats from Indians and international rivals. As governor of New Mexico from 1778 to 1788, Anza enacted a series of changes in the colony’s governance that helped preserve it as a Spanish territory and strengthen the larger empire to which it belonged. Although Anza is best known for his travels to California as a young man, this book, the first comprehensive biography of Anza, shows his greater historical importance as a soldier and administrator in the history of North America. Historian Carlos R. Herrera argues that Anza’s formative years in Sonora, Mexico, contributed to his success as a colonial administrator. Having grown up in New Spain’s northern territory, Anza knew the daily challenges that the various ethnic groups encountered in this region of limited resources, and he saw both the advantages and the pitfalls of the region’s strong Franciscan presence. Anza's knowledge of frontier terrains and peoples helped make him a more effective military and political leader. When raiding tribes threatened the colony during his tenure as governor, Anza rode into battle, killing the great Comanche war chief Cuerno Verde in 1779 and later engineering a peace treaty formally concluded in 1786. As the colonial overseer of the imperial policies known as the Bourbon Reforms, he also implemented a series of changes in the colony’s bureaucratic, judicial, and religious institutions. Charged with militarizing New Mexico so that it could contribute to the maintenance of the empire, Anza curtailed the social, political, and economic power the Franciscans had long enjoyed and increased Spain’s authority in the region. By combining administrative history with narrative biography, Herrera shows that Juan Bautista de Anza was more than an explorer. Devoted equally to the Spanish empire and to the North American region he knew intimately, Governor Anza shaped the history of New Mexico at a critical juncture.

Religion in New Spain presents an overview of the history of colonial religious culture and encompasses aspects of religion in the many regions of New Spain. In reading these essays, it is clear the Spanish conquest was not the end-all of indigenous culture, that the Virgin of Guadalupe was a myth-in-the-making by locals as well as foreigners, that nuns and priests had real lives, and that the institutional colonial church, even post-Trent, was seldom if ever above or beyond political or economic influence. Susan Schroeder and Stafford Poole have divided the presentations into seven parts that represent general categories spanning the colonial era: "Encounters, Accommodation, and Outright Idolatry"; "Native Sexuality and Christian Morality"; "Believing in Miracles: Taking the Veil and New Realities"; "Guardian of the Christian Society: The Holy Office of the Inquisition--Racism, Judaizing, and Gambling"; "Music and Martyrdom on the Northern Frontier"; and "Tangential Christianity on Other Frontiers: Business and Politics as Usual." Sacred space can be anywhere and might not be bound by walls and ceilings. As the authors of these essays show, religion is often an attempt to reconcile the mysterious and unmanageable forces of nature, such as storms, droughts, floods, infestations of pests, epidemic diseases, and sicknesses; it is an attempt to control the uncontrollable.

Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

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.