The Enlightenment on Trial : Ordinary Litigants and Colonialism in the Spanish Empire

This is a history of the Enlightenment--the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. But rather than members of a cosmopolitan Republic of Letters, its principal protagonists are non-literate, poor, and enslaved litigants who sued their superiors in the royal courts of Spain's American colonies. Despite growing evidence of the Hispanic world's contributions to Enlightenment science, the writing of history, and statecraft, the region is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century Spanish Americans' active production of concepts fundamental to modern law. __The Enlightenment on Trial__ offers readers new insight into how Spanish imperial subjects created legal documents, fresh interpretations of the intellectual transformations and legal reform policies of the period, and comparative analysis of the volume of civil suits from six regions in Mexico, Peru and Spain. Ordinary litigants in the colonies--far more often than peninsular Spaniards--sued superiors at an accelerating pace in the second half of the eighteenth century. Three types of cases increased even faster than a stunning general rise of civil suits in the colonies: those that slaves, native peasants and women initiated against masters, native leaders and husbands. As they entered court, these litigants advanced a new law-centered culture distinct from the casuistic, justice-oriented legal culture of the early modern period. And they did so at precisely the same time that a few bright minds of Europe enshrined new ideas in print. The conclusion considers why, if this is so, the Spanish empire has remained marginal to the story of the advent of the modern West. This Is A History Of The Enlightenment, The Rights-oriented, Formalist, Secularizing, Freedom-inspired Eighteenth-century Movement That Defined Modern Western Law. But Rather Than Members Of A Cosmopolitan Republic Of Letters, Its Principal Protagonists Are Non-literate, Poor, And Enslaved Litigants Who Sued Their Superiors In The Royal Courts Of Spain's American Colonies. Despite Growing Evidence Of The Hispanic World's Contributions To Enlightenment Science, The Writing Of History, And Statecraft, The Region Is Conventionally Believed To Have Taken An Alternate Route To Modernity. This Book Grapples With The Contradiction Between This Legacy And Eighteenth-century Spanish Americans' Active Production Of Concepts Fundamental To Modern Law. [this Book Offers] Insight Into How Spanish Imperial Subjects Created Legal Documents, Fresh Interpretations Of The Intellectual Transformations And Legal Reform Policies Of The Period, And Comparative Analysis Of The Volume Of Civil Suits From Six Regions In Mexico, Peru And Spain. Ordinary Litigants In The Colonies ... Sued Superiors At An Accelerating Pace In The Second Half Of The Eighteenth Century. Three Types Of Cases Increased Even Faster Than A Stunning General Rise Of Civil Suits In The Colonies: Those That Slaves, Native Peasants And Women Initiated Against Masters, Native Leaders And Husbands. As They Entered Court, These Litigants Advanced A New Law-centered Culture Distinct From The Casuistic, Justice-oriented Legal Culture Of The Early Modern Period. And They Did So At Precisely The Same Time That A Few Bright Minds Of Europe Enshrined New Ideas In Print. The Conclusion Considers Why, If This Is So, The Spanish Empire Has Remained Marginal To The Story Of The Advent Of The Modern West.-- Introduction : Why Is It Enlightenment? -- Agents And Powers : Litigants And Writers In The Courts -- Derecho And Law : Legal Enlightenment In Philosophy And Policy -- Numbers And Values : Counting Cases In The Spanish Empire -- Pleitos And Lawsuits : Conjugal Conflicts In Civil Courts -- Then And Now : Native Status And Custom -- Being And Becoming : Freedom And Slave Lawsuits -- Conclusion : Why Not Enlightenment? -- Appendix I. Archival Methods -- Appendix Ii. Analysis Of Civil Litigation Over Time. Bianca Premo. Includes Bibliographical References And Index. "This is a history of the Enlightenment, the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. But rather than members of a cosmopolitan Republic of Letters, its principal protagonists are non-literate, poor, and enslaved litigants who sued their superiors in the royal courts of Spain's American colonies. Despite growing evidence of the Hispanic world's contributions to Enlightenment science, the writing of history, and statecraft, the region is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century Spanish Americans' active production of concepts fundamental to modern law. [This book offers] insight into how Spanish imperial subjects created legal documents, fresh interpretations of the intellectual transformations and legal reform policies of the period, and comparative analysis of the volume of civil suits from six regions in Mexico, Peru and Spain. Ordinary litigants in the colonies ... sued superiors at an accelerating pace in the second half of the eighteenth century. Three types of cases increased even faster than a stunning general rise of civil suits in the colonies: those that slaves, native peasants and women initiated against masters, native leaders and husbands. As they entered court, these litigants advanced a new law-centered culture distinct from the casuistic, justice-oriented legal culture of the early modern period. And they did so at precisely the same time that a few bright minds of Europe enshrined new ideas in print. The conclusion considers why, if this is so, the Spanish empire has remained marginal to the story of the advent of the modern West."-- Provided by publisher This book demonstrates that ordinary, often illiterate colonial subjects of the Spanish empire were among the Enlightenment's most adept practitioners. Broadly situated within postcolonial debates about the Enlightenment and modernity, it employs approaches from comparative social science, intellectual history, and legal history to demonstrate that, at end of the 1700s, colonial Spanish Americans began to sue one another with a zeal unseen on the peninsula. Part I examines how and how many lawsuits were generated in the empire. It analyzes civil litigation rates in six areas of Mexico, Peru, and Spain, including Mexico City, Oaxaca, Lima, Trujillo, Peru, the Montes de Toledo, Spain, and the peninsular high court of Valladolid. With chapters on the process of suing, and on the intellectual transformations and absolutist royal policy reforms on law and its practice, it explores legal culture in diverse capital cities and rural districts. Part II zeroes in on three types of civil cases that increased even more rapidly than the general rise of civil suits. The cases that colonial women, Indian commoners, and slaves initiated against masters, native leaders, and husbands challenged an older model of justice aimed at extralegal outcomes and casuistic jurisprudence. As they produced new ideas about freedom, natural rights, history, and merit in court, these subordinate litigants ultimately created an Enlightened law-centered culture. The conclusion considers why Spain and its colonies have remained marginal to the story of the advent of the modern West The principal protagonists of this history of the Enlightenment are non-literate, poor, and enslaved colonial litigants who began to sue their superiors in the royal courts of the Spanish empire. With comparative data on civil litigation and close readings of the lawsuits, The Enlightenment on Trial explores how ordinary Spanish Americans actively produced modern concepts of law.