Stanford University Press
Surprise Heirs II
About this book
Focusing on the inheritance rights of people born outside wedlock, this book explores the legal evolution of their rights as Brazil moved from colony to nation. It offers a unique counterpoint to the conventional political history of the Brazilian Empire, which ignores important legal change involving family and inheritance law. The book also provides a new and complementary approach to recent scholarship on the family in nineteenth-century Brazil by using that research as a starting point for examining illegitimacy, marriage, and concubinage from the neglected perspective of legal change. The author’s exhaustive study of parliamentary debates reveals how the private sphere of the family acquired fundamental significance in the public discourse of Brazil’s imperial legislators. The concluding theme of the book treats the reactionary shift away from liberal reform, the result of the “scandal in the courtroom” that the reform generated. Linda Lewin is Professor of History at the University of California, Berkeley. She is the author of Politics and Parentela in Paraíba: A Case Study of Family-Based Oligarchy in Brazil
Author / Editor information
Reviews
"These two volumes [Surprise Heirs I and Surprise Heirs II] represent a major contribution to our understanding of how law relates to social realities, political agendas, and religious values. Moreover, Lewin's meticulously researched study is a sterling addition to a small but growing list of works that seriously address the social and economic effects of law in either the private or the public spheres."
Hendrik Kraay:
"Long after most of our books have been consigned to remote storage facilities or (worse yet) weeded, historians will continue to consult Lewin's invaluable Surprise Heirs volumes."
Topics
-
Download PDFPublicly Available
Frontmatter
i -
Download PDFPublicly Available
Acknowledgments
vii -
Download PDFPublicly Available
Contents
xi -
Download PDFPublicly Available
Preface
xiii -
Download PDFPublicly Available
A Note on Legal Language and Brazilian Orthography and Names
xxv - Part I: Liberal Beginnings
-
Download PDFRequires Authentication UnlicensedLicensed
I. The Context of lnheritance Reform: Liberalism in the Era of Independence
3 -
Download PDFRequires Authentication UnlicensedLicensed
2. Dismantling the Colonial Regime: Estate, Birth, and Color
37 - Part II: Confronting the Canons of Trent
-
Download PDFRequires Authentication UnlicensedLicensed
3. Mancebia Bows to Legal Matrimony: Legislating Marriage ala Trent
81 -
Download PDFRequires Authentication UnlicensedLicensed
4. The Liberal Challenge to the Canons of Trent: Clerical Celibacy and Civil Marriage
107 -
Download PDFRequires Authentication UnlicensedLicensed
5. Illegitimacy and the National Elite in the Independence Era
126 - Part III: Reforming Illegitimacy and Heirship in the Regency
-
Download PDFRequires Authentication UnlicensedLicensed
6. Undoing "Damnable" Birth: First Reforms
163 -
Download PDFRequires Authentication UnlicensedLicensed
7. The Regency and Liberal Reform of Succession Law
200 -
Download PDFRequires Authentication UnlicensedLicensed
8. Scandal in the Courtroom
233 - Part IV: Redefining Bastardy in Imperial Brazil
-
Download PDFRequires Authentication UnlicensedLicensed
9. Placing Conscience in Conflict with Interest
265 -
Download PDFRequires Authentication UnlicensedLicensed
Conclusion: A Brazilian Legal Tradition
305 -
Download PDFRequires Authentication UnlicensedLicensed
Epilogue: Reconsidering Bastardy in Republican Brazil The 1916 Civil Code
315 -
Download PDFRequires Authentication UnlicensedLicensed
Abbreviations
331 -
Download PDFRequires Authentication UnlicensedLicensed
Notes
333 -
Download PDFRequires Authentication UnlicensedLicensed
Legal Primary Sources Cited
365 -
Download PDFRequires Authentication UnlicensedLicensed
Other Sources Cited
369 -
Download PDFRequires Authentication UnlicensedLicensed
Index
381