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.

The Latin American Perspective in Dade County Schools: An Initial Curricular and Teacher Survey (Dialogue #65)

This paper analyzes the knowledge about Latin America that is present in the newly required 9th grade World History Course in Dade County Public Schools. Nine recommended World History textbooks are examined in terms of their Latin American content. Also, the results of a survey questionnaire dealing with knowledge and perceptions of Latin America, which was distributed to various World History and general teachers, are discussed. The findings of this research effort while tentative, seem to indicate that there is a definite need to upgrade the Latin American knowledge base both in textbook content and among teachers. Few of the texts are considered adequate in their treatment of Latin America. Some, especially those for below average readers, present a slanted, even distorted picture of Latin American reality. While World History teachers appear to be more knowledgeable about Latin America than teachers in general, lack of knowledge and stereotyping are clearly manifested in certain persisting beliefs about the region. While this is a narrow research effort, it explores the intriguing notion that what is often considered legitimate knowledge in our classrooms can in fact be quite inadequate. The concluding section of the paper focuses on whether academic excellence is possible when there are distortions and lacunae in our classroom knowledge base.

The dynamics of movement: Toward a definition of a Latin American identity in contemporary fiction

Concha Meléndez opened up a venue for the discussion of a Latin American identity in works of literature when she implied that the great Latin American novel would gestate in the cities, the space where the typical Latin American would achieve an ideal state of consciousness and intellectual capabilities. ^ Her point of view mirrored nineteenth-century debate on a Latin American identity. Similar to her viewpoint, intellectuals of this period viewed the cities and their inhabitants of European extraction, as the ideal spaces and people on which an identity could be defined. However, the present state of urban and rural areas in Latin America demonstrates that there is no such clear-cut division of city and countryside or of their inhabitants. The dynamics of movement, from rural to urban areas, of people of diverse ethnic, and socioeconomic backgrounds, make it difficult to uphold descriptors of space, race, or culture, as sole descriptors of an identity. ^ A study of five twentieth-century novels from North and South America, La muerte de Artemio Cruz (1962), Hasta no verte Jesús mío (1969), Los ríos profundos (1981), La casa de los espíritus (1982), and Los años con Laura Díaz (1999) reveal that the dynamism of movement, between countryside, and cities of peoples of distinct races and social backgrounds, hamper the definition of a collective identity in specific spaces. As characters move, they are constantly reconfiguring their identities and creating tensions and conflicts that intensify social, racial and economic divisions in society. This makes it difficult to ascribe permanent identity descriptors, much less define a collective identity. ^ However, as writers of fiction address the malaise in Latin American societies, they have unearthed descriptors such as history, economy, land, and movement that advance a collective definition of self in these societies. Additionally, female characters have been granted a new identity. The overwhelming evidence in this study points to ‘land’ as the prime factor in the identity dilemma and suggests that a definition will not be possible until the vast landless populace is granted a space they can call home. Only then, perhaps, will Meléndez novel surface. ^

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. ^

Imah on the bimah: Gender and the roles of Latin American Conservative congregational rabinas

The aim of this research is to analyze the impact of gender on the work of Latin American rabinas within Conservative congregations in Latin America. The fact that women’s roles in Latin America and in Judaism have been traditionally linked to nurturing and caring serves as the point of departure for my hypothesis, which is that the role rabinas play within their congregations is also linked to those traits. In this research I utilize a social scientific approach and qualitative methodology, conducting personal interviews with the rabinas. While this work proves that Conservative congregations in Latin America are gendered, my research demonstrates that this gendered division of labor does not have a negative impact on the work of rabinas. On the contrary, by embracing attributes of womanhood and motherhood rabinas become imah (mother) on the bimah (pulpit), educating, caring, and nurturing their congregations in a special and unique way.^

Negotiating identities, striving for state recognition: Blacks in Córdoba, Argentina 1776–1853

Race in Argentina played a significant role as a highly durable construct by identifying and advancing subjects (1776–1810) and citizens (1811–1853). My dissertation explores the intricacies of power relations by focusing on the ways in which race informed the legal process during the transition from a colonial to national State. It argues that the State’s development in both the colonial and national periods depended upon defining and classifying African descendants. In response, people of African descendent used the State’s assigned definitions and classifications to advance their legal identities. It employs race and culture as operative concepts, and law as a representation of the sometimes, tense relationship between social practices and the State’s concern for social peace. This dissertation examines the dynamic nature of the court. It utilizes the theoretical concepts multicentric legal orders that are analyzed through weak and strong legal pluralisms, and jurisdictional politics, from the late eighteenth to early nineteenth centuries. This dissertation juxtaposes various levels of jurisdiction (canon/state law and colonial/national law) to illuminate how people of color used the legal system to ameliorate their social condition. In each chapter the primary source materials are state generated documents which include criminal, ecclesiastical, civil, and marriage dissent court cases along with notarial and census records. Though it would appear that these documents would provide a superficial understanding of people of color, my analysis provides both a top-down and bottom-up approach that reflects a continuous negotiation for African descendants’ goal for State recognition. These approaches allow for implicit or explicit negotiation of a legal identity that transformed slaves and free African descendants into active agents of their own destinies.

Assessing the impact of business group diversification on the internationalization of their affiliates: The case of Latin American firms

This dissertation explored the capacity of business group diversification to generate value to their affiliates in an institutional environment characterized by the adoption of structural pro-market reforms. In particular, the three empirical essays explored the impact of business group diversification on the internationalization process of their affiliates. ^ The first essay examined the direct effect of business group diversification on firm performance and its moderating effect on the multinationality-performance relationship. It further explored whether such moderating effect varies depending upon whether the focal affiliate is a manufacturing or service firm. The findings suggested that the benefits of business group diversification on firm performance have a threshold, that those benefits are significant at earlier stages of internationalization and that these benefits are stronger for service firms. ^ The second essay studied the capacity of business group diversification to ameliorate the negative effects of the added complexity faced by its affiliates when they internationalized. The essay explored this capacity in different dimensions of international complexity. The results indicated that business group diversification effectively ameliorated the effects of the added international complexity. This positive effect is stronger in the institutional voids rather than the societal complexity dimension. In the former dimension, diversified business groups can use both their non-market resources and previous experience to ameliorate the effects of complexity on firm performance. ^ The last essay explored whether the benefits of business group diversification on the scope-performance relationship varies depending on the level of development of the network of subsidiaries and the region of operation of the focal firm. The results suggested that the benefits of business group diversification are location bound within the region but that they are not related to the level of development of the targeted countries. ^ The three essays use longitudinal analyses on a sample of Latin American firms to test the hypotheses. While the first essay used multilevel models and fix effects models, the last two essays used exclusively fix effects models to assess the impact of business group diversification. In conclusion, this dissertation aimed to explain the capacity of business group diversification to generate value under conditions of institutional change.^