Law in colonial Spanish America between ecclesiastical and secular sphere

Volume 348 of the Studien zur europäischen Rechtsgeschichte out no

Over the course of the Middle Ages and the early modern period, topics such as judgement, jurisdiction, law and justice were shaped within the context of the constant dialogue between legal scholarship and moral theology. The chapters in this volume trace some of the interwoven threads of this history by focusing on applicable law in Hispano-America (derecho indiano). The examination of these interconnections reveals specific aspects of the regalist approach to the relationship between secular and ecclesiastical power in the early modern era, in particular the institutions that shaped it in the Spanish overseas territories between the 16th and 18th centuries.

In addition to the medieval roots of the ‘derecho canónico indiano’, Orazio Condorelli’s account of the flexible boundaries between the spheres of power, which also opened up space for mixed competences in court, is both vivid and rich with references to original sources. He devotes particular attention to the protective status of miserabiles personae, which included indigenous peoples, and the associated procedural consequences – an area in which conflicts and overlaps between the two authorities could arise. A further focus is the debate concerning legal remedies, from the traditional appeal to the ‘recurso de fuerza’, the latter of which represents a particular manifestation of regalism in the complex secular-religious structure of early modern Hispano-America.

The author’s engagement with the term ‘juicio’ in his contribution to the Diccionario Histórico de Derecho Canónico en Hispanoamérica y Filipinas (S. XVI–XVIII) [Hyperlink: https://dch.hypotheses.org/], edited by mpilhlt, served as the impetus for this book.

Orazio Condorelli is a Professor of Canon Law at the University of Catania’s faculty of law.