出版社:Consejo Superior de Investigaciones Científicas
摘要:Recent studies have revisited the issue of slavery and justice in the colonial Spanish America from the perspective of social and cultural history, while taking into account the necessary input from the history of law as well. This paper analyzes records of slaves from civil courts as well as criminal cases, in the first two decades of the nineteenth century. Assuming that the slave could only inter-act because the Castilian legal system allowed it, and to the extent that such a system depended on a specific cultural context, we analyze in detail the performance of judges and prosecutors on the one hand, and that of slaves and their legal assistants. We conclude that the slave is subject and object of justice in a degree which are very similar to that of free common people, especially in severe cases.