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oapen-20.500.12657-475182021-03-27T02:26:56Z Nem teúdas, nem manteúdas de Oliveira Coutinho Silva, Luisa Stella Duve, Thomas Vogenauer, Stefan Portuguese Empire; Captaincy of Paraína; Colonial Brazil; Women’s history; Estudos de gênero; Sexual difference and sexualities; Legal History bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAZ Legal history bic Book Industry Communication::H Humanities::HB History::HBJ Regional & national history::HBJD European history bic Book Industry Communication::H Humanities::HB History::HBJ Regional & national history::HBJF Asian history bic Book Industry Communication::H Humanities::HB History::HBL History: earliest times to present day::HBLW 20th century history: c 1900 to c 2000 bic Book Industry Communication::H Humanities::HB History::HBT History: specific events & topics bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes::JPHC Constitution: government & the state This book develops a legal history of colonial women as a methodological approach to studying the women of Paraíba, a captaincy on the northeast coast of Brazil, from the end of the Dutch occupation (1661) to Brazilian independence in 1822. It uses the concept of multiple normativities to analyse dozens of daily life cases from Portuguese and Brazilian archives. To study women’s everyday normative contexts in a colonial space, the author analyses traditional Ius Commune and Portuguese legal sources from different jurisdictions, but also legal doctrines, medical treatises, moralist works and literature to enrich interpretations in women’s history, gender studies, feminist legal theory and legal history. Furthermore, she examines the impact of these normative traditions in the colonial Captaincy of Paraíba and focuses on normativities of a more pragmatic character, analysing archival documents portraying women’s daily life situations relating to both secular and religious jurisdictions. The analysis demonstrates that the law from the metropole neither offered pre-established solutions for women’s daily lives, nor was it applied unchanged in the colony. On the ground, law was dynamic, and the interplay of multiple normativities provided different possibilities that depended on the intersection of women’s condition and status, religion and sexual options, proving that sex and gender categories are not immutable, but, on the contrary, flexible according to the practices of law in colonial Paraíba. 2021-03-25T09:13:52Z 2021-03-25T09:13:52Z 2020 book 9783-44773285 https://library.oapen.org/handle/20.500.12657/47518 por Global Perspectives on Legal History application/pdf Attribution 4.0 International gplh-15-9783944773285.pdf https://www.rg.mpg.de/publikationen/gplh-15 Max Planck Institute for Legal History and Legal Theory 10.12946/gplh15 10.12946/gplh15 aa1e4fa2-ec92-41bb-bd06-19453b9e6e41 9783-44773285 15 396 Frankfurt am Main open access
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This book develops a legal history of colonial women as a methodological approach to studying the women of Paraíba, a captaincy on the northeast coast of Brazil, from the end of the Dutch occupation (1661) to Brazilian independence in 1822. It uses the concept of multiple normativities to analyse dozens of daily life cases from Portuguese and Brazilian archives. To study women’s everyday normative contexts in a colonial space, the author analyses traditional Ius Commune and Portuguese legal sources from different jurisdictions, but also legal doctrines, medical treatises, moralist works and literature to enrich interpretations in women’s history, gender studies, feminist legal theory and legal history. Furthermore, she examines the impact of these normative traditions in the colonial Captaincy of Paraíba and focuses on normativities of a more pragmatic character, analysing archival documents portraying women’s daily life situations relating to both secular and religious jurisdictions. The analysis demonstrates that the law from the metropole neither offered pre-established solutions for women’s daily lives, nor was it applied unchanged in the colony. On the ground, law was dynamic, and the interplay of multiple normativities provided different possibilities that depended on the intersection of women’s condition and status, religion and sexual options, proving that sex and gender categories are not immutable, but, on the contrary, flexible according to the practices of law in colonial Paraíba.
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Max Planck Institute for Legal History and Legal Theory
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2021
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https://www.rg.mpg.de/publikationen/gplh-15
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1771297579983699968
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