Una sociedad legalista: Abogados, procuradores de causas y la creación de una cultura legal colonial en Lima y Potosí, 1540–1670

This study deals with the formation, reproduction, and the role in litigation of two branches of the legal profession, lawyers and procurators. They were the experts in charge of civil, criminal, and ecclesiastical litigation during the Old Regime. While the lawyers provided erudite legal advice, procurators oriented and drove the procedure as legal representatives of their clients. The European legal revolutions of the twelfth and thirteenth centuries forged a new legal culture in which the lawsuit was reputed to be the best way to settle disputes. Likewise, that legal culture conferred an important place to specialists as legal facilitators of the contending parties. When Castilians exported their legal system to the New World, they spread a complex and bureaucratic framework, contributing to the reproduction of a class of experts in urban spaces. Lima and Potosi, two urban centers created in the sixteenth century, quickly became significant ‘legal cities’. This dissertation explores how the legal markets of these cities operated, the careers of their specialists, their professional options, social images regarding them, and litigation costs. This study examines the careers of 267 facilitators and demonstrates that they constituted a class of distinctive legal professionals. Legal culture embodies the representation and use of law. The closeness of specialists with litigants, in particular of procurators familiarized the parties with litigation and its complex processes. These specialists forged dominant legal discourses and manipulated juridical order. Litigants were not passive agents of their specialists. Caciques and members of the Hispanicized communities appropriated the law in a visible way as the growing litigiousness illustrates. Colonial law (of a pluralistic basis) was an arena of assertion and discussion of rights by different social actors, encomenderos, leading citizens, widows, native chieftains, artisans, and commoners. This study concludes that this struggle and manipulation served to legitimate the role of those legal experts and gave birth to a complex legalistic society in the Andes under Spanish Habsburg rule.

Buried voices: Genres and types of female authorship during the Spanish American colonial period (sixteenth to eighteenth centuries)

This dissertation analyzes various types of non-canonical texts authorized by women from a wide spectrum of classes and races in the Spanish colonies. The female voice, generally absent from official colonial documents of the sixteenth, seventeenth and eighteen centuries, left a gap in the complex subject of women's history and social participation. Through the study of personal letters, autobiographies, journals, court documents, inquisitorial transcripts, wills and testaments, edicts, orders, proclamations and posters, that voice is recovered. Thus, the Indigenous, Spaniards and African women and their descendants who lived during this period left their written legacy and proof of participation. Beginning with a thorough history of the native woman's interest in writing, this study focuses on how women of all social levels utilized the few means of writing available at their disposal to display a testimonial, critical and sometimes fictional narrative of their surroundings. ^ This investigation concludes that it is necessary to change the traditional image of the passive women of the colonies, subjected to a patriarchal authority and unable to speak or grow on their own. The documents under study, introduced women who were able to self represent themselves as followers of the tradition while at the same time their writings were denying that very same statement. They passed from the private arena to the public one with discourses that confessed their innermost feelings and concerns, challenged the authority of the Inquisitor or the Governor, exposed their sexual freedom and transvestite narratives, successfully developed stratagems that challenged the official ideology of the oppressive religious environment and established their own authority reaching at last the freedom of their souls. ^