Details
| Original language | English |
|---|---|
| Number of pages | 31 |
| Journal | Journal of Interdisciplinary History of Ideas |
| Volume | 12 |
| Issue number | 24 |
| Publication status | Published - 31 Dec 2023 |
Abstract
Rooted in medieval juridical thinking, early modern legal culture saw community’s law as the expression of an underlying order of things, something defined not by the willing agreement of the parts that constituted the community, but rather by nature and nurture. For the Iberian world, this belief was expressed in the idea of the ‘señorío natural’, which according to legal doctrine was a bond that linked subjects to the land where they were born and subjected them to a common jurisdiction (Hespanha, Uncommon Laws). Communities and all kinds of corporate bodies thus also had a natural origin, which points to an intertwinement, and not a contradiction, between nature and different kinds of collective bodies. These bodies—corporations, guilds, communities, families, and so on—were the basis for the assignment of rights, obligations, privileges, and duties, but also for the distribution of access to land. This article seeks to reframe ownership and property within this framework as a way of rethinking the ways in which communities defined their relations to land.
Keywords
- 18th-Century Francophone Encyclopedism, Physiocracy, Pierre-Nicolas Gautier, René-Louis de Girardin, State Knowledge
ASJC Scopus subject areas
- Arts and Humanities(all)
- Philosophy
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In: Journal of Interdisciplinary History of Ideas, Vol. 12, No. 24, 31.12.2023.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Nature, Bodies, and Land
T2 - Reframing Ownership and Property in Early Modern Spanish America
AU - Bastias Saavedra, Manuel
AU - Rodríguez Sánchez, Alina
N1 - Funding Information: This article has been written as part of the IberLAND project. This project has received funding from the European Research Council ?ERC) under the European Union’s Horizon 2020 research and innovation programme ?grant agreement No. 101000)̊̉ff).
PY - 2023/12/31
Y1 - 2023/12/31
N2 - Rooted in medieval juridical thinking, early modern legal culture saw community’s law as the expression of an underlying order of things, something defined not by the willing agreement of the parts that constituted the community, but rather by nature and nurture. For the Iberian world, this belief was expressed in the idea of the ‘señorío natural’, which according to legal doctrine was a bond that linked subjects to the land where they were born and subjected them to a common jurisdiction (Hespanha, Uncommon Laws). Communities and all kinds of corporate bodies thus also had a natural origin, which points to an intertwinement, and not a contradiction, between nature and different kinds of collective bodies. These bodies—corporations, guilds, communities, families, and so on—were the basis for the assignment of rights, obligations, privileges, and duties, but also for the distribution of access to land. This article seeks to reframe ownership and property within this framework as a way of rethinking the ways in which communities defined their relations to land.
AB - Rooted in medieval juridical thinking, early modern legal culture saw community’s law as the expression of an underlying order of things, something defined not by the willing agreement of the parts that constituted the community, but rather by nature and nurture. For the Iberian world, this belief was expressed in the idea of the ‘señorío natural’, which according to legal doctrine was a bond that linked subjects to the land where they were born and subjected them to a common jurisdiction (Hespanha, Uncommon Laws). Communities and all kinds of corporate bodies thus also had a natural origin, which points to an intertwinement, and not a contradiction, between nature and different kinds of collective bodies. These bodies—corporations, guilds, communities, families, and so on—were the basis for the assignment of rights, obligations, privileges, and duties, but also for the distribution of access to land. This article seeks to reframe ownership and property within this framework as a way of rethinking the ways in which communities defined their relations to land.
KW - 18th-Century Francophone Encyclopedism
KW - Physiocracy
KW - Pierre-Nicolas Gautier
KW - René-Louis de Girardin
KW - State Knowledge
UR - http://www.scopus.com/inward/record.url?scp=85183618484&partnerID=8YFLogxK
U2 - 10.13135/2280-8574/7895
DO - 10.13135/2280-8574/7895
M3 - Article
AN - SCOPUS:85183618484
VL - 12
JO - Journal of Interdisciplinary History of Ideas
JF - Journal of Interdisciplinary History of Ideas
IS - 24
ER -