1. An Equity Against the Law: Slave Rights and Creole Jurisprudence in Spanish America.
- Author
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Premo, Bianca
- Subjects
- *
LEGAL status of enslaved persons , *SPANISH Americans , *SOCIAL conditions of enslaved persons , *CREOLES - Abstract
There exists a long-standing historiographical mystery concerning the legal origins of the practice of Spanish American slaves suing their masters for freedom in royal courts. This essay highlights the importance of working judges' judicial philosophy in the formulation of this customary ‘right’. A close reading of two rare eighteenth-century judicial opinions from Lima, Peru, exposes the rationale of the judges, particularly the Creole judges, who admitted slave cases. High court minister Pedro José Bravo de Lagunas y Castilla considered two legal issues that made slavery distinctive in the region: the right to self-purchase and grants of conditional liberty. In a 1746 letter, the judge rendered a relatively liberal opinion on slaves' legal rights by reading Creoles' own political ‘liberty’ into freedom suits. But as Lima's slaves increasingly entered the secular court system, his judicial philosophy would contract. [ABSTRACT FROM PUBLISHER]
- Published
- 2011
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