Get Surprise Heirs II: Illegitimacy, Inheritance Rights, and PDF

Rules Procedures

By Linda Lewin

ISBN-10: 0804746060

ISBN-13: 9780804746069

ISBN-10: 1417501464

ISBN-13: 9781417501465

Targeting the inheritance rights of individuals born open air wedlock, this publication explores the criminal evolution in their rights as Brazil moved from colony to state. It bargains a special counterpoint to the normal political background of the Brazilian Empire, which ignores vital criminal switch regarding relations and inheritance legislations. The publication additionally offers a brand new and complementary method of fresh scholarship at the family members in nineteenth-century Brazil by utilizing that examine as a place to begin for studying illegitimacy, marriage, and concubinage from the missed standpoint of criminal switch. The author’s exhaustive research of parliamentary debates unearths how the personal sphere of the family members obtained primary value within the public discourse of Brazil’s imperial legislators. The concluding topic of the ebook treats the reactionary shift clear of liberal reform, the results of the “scandal within the court” that the reform generated.

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Additional resources for Surprise Heirs II: Illegitimacy, Inheritance Rights, and Public Power in the Formation of Imperial Brazil, 1822-1889

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However, the restoration of Bragança absolutism in Portugal redefined the Cortes as bicameral in 1826, again privileging the upper house as the representative of the first two estates—church and nobility. ”44 The change did not go unnoticed among liberals in Brazil, where a Senate based on life-tenure reflected an increasingly ennobled membership and seemed to fulfill a similar function. Liberals in the Chamber of Deputies, who largely identified with the third estate, found the emperor’s progressive expansion of a titled nobility disturbing.

Statutes were issued in the form of an alvará synonymous with “law” in English. ” However, the latter term continued to refer to crown law adopted prior to 1822. The indiscriminate use of both “law” and “decree,” sometimes for the same statute, may confuse readers. It also confounded jurists, who understood “law” and “decree” were virtually synonymous. The persistence of this dualism seems to have originated in the monarch’s historic loss of his role as “the Legislator” in the 1820s. In Portugal, lamented legal historian João Gomes B.

For Pedro, who viewed himself as the bestower of the Constitution—even its author—abandonment of the sovereign’s historic role as “the Legislator” for the Portuguese nation proved a difficult task. Despite demonstrating a more mature grasp of his political role by the late twenties, the monarch’s willingness to confirm the constitutional redistribution of the power to make law, in favor of the legislature, remained ambivalent. Prior to independence, D. João VI had personally vested sovereignty over Brazil in his eldest son, by virtue of what was regarded as Portugal’s “historic,” or unwritten, constitution.

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Surprise Heirs II: Illegitimacy, Inheritance Rights, and Public Power in the Formation of Imperial Brazil, 1822-1889 by Linda Lewin

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