Revista Chilena de Historia del Derecho

Editorial

Roberto Cerón Reyes — 2024-12-03

Bernardino Bravo Lira. «Constitución y reconstitución. Madrid: Boletín Oficial del Estado»

Diego Alfredo Berwart Flores — 2024-12-03

Reseña del libro del historiador del derecho Bernardino Bravo Lira, Constitución y reconstitución, publicado en Madrid en 2022.

The Alphonsine legislation regarding the prohibition of interfaith sexual contacts : A hermetic or permeable barrier ?

Pédiomatéhi Ali Coulibaly — 2024-12-03

This study deals with the problem of sexual contact between Christians, Jews and Muslims in the Middle Ages through the Siete Partidas of Alfonso X the Wise. Was the barrier erected by this code of laws between these communities watertight or permeable ? This article aims to highlight the way in which Castilian legislation looks at these sexual contacts. The contextualisation of this Code of Laws through the intersection of a variety of sources allows us to understand that the prohibition of this type of sexual relations by the legislation of the Western monarchies in the 13th century was intrinsically impacted by the theses of the Church on this subject. Although the Partidas formally forbid such intimate contact, in practice this ban was not always respected. Thus, many municipal charters (fueros) even sought to regularise the status of the children of such relationships.

The prosecution of José María Fagoaga, a study of justice and political crime during the crisis of the Spanish Monarchy

Francisco Miguel Martín Blázquez — 2024-12-03

This paper offers a review of a judicial process of infidencia, during the second decade of the 19th century, opened against the prominent Mexico City man José María Fagoaga y Lizaur for his alleged links with the insurgent movement. From its study, based on information collected from documents preserved in Spain (Archivo General de Indias) and Mexico (Archivo General de la Nación, personal archives of fiscal del crimen Juan Ramón Osés), a series of aspects concerning certain formulations of the administration of justice at the most virulent moments of the New Spain conflict will be analysed: the different accusations against this prominent individual, the resources resorted to by the viceregal government to remove him from public life, the construction of the guilt of a dissident from high society, and the final results of these proceedings, which proved his absolution. All of this with the intention of gaining a better understanding of some attitudes towards the opposition of the institutional bodies, whose members were strong supporters of the pro-government cause during that period of war. In this way, new perspectives on the judicial procedures of the Spanish-American independence processes can be exemplified in order to discern elements of approximation derived of changes and permanencies operated in this sphere throughout these moments of transition.

La pretendida precedencia obligatoria del matrimonio civil sobre el matrimonio canónico en Chile y las gestiones del primer nuncio apostólico, Sebastiano Nicotra, 1917-1918

Carlos Salinas — 2024-12-03

The first civil marriage law from 1884 did not impose obligatory precedence of civil marriage over canonical marriage, a matter that was discussed in the following years, particulary due to the interest of the most radical elements of the Chilean political class. At the time of arrival of the first nuncio in Chile designated by the Holy See, Sebastiano Nicotra, this was one of the subjects that strained the relationship between the Chilean State and the Catholic Church. This article reviews the actions taken by this diplomatic before the Chilean government regarding this matter, which solution was of interest for both parties, but was not solved after the short mission of the diplomatic in Chile, mainly due to the pertinacious attitude of the government at the time.

Authoritarian legal thought: José de Castro Nunes’ contribution to the construction of the Brazilian Estado Novo (1937-1945)

Patricia Soster Bortolotto — 2024-12-03

The purpose of this article is to examine the authoritarian legal thought of an influential Brazilian jurist, José de Castro Nunes, during the Estado Novo of Getúlio Vargas. The research hypothesis is that Castro Nunes contributed to the legitimization of the authoritarian regime of the Estado Novo (1937 to 1945), both in the Supremo Tribunal Federal and through the publication of articles in newspapers and legal magazines. We will also present which discursive elements he would have mobilized for this purpose, that is, how his doctrinal contribution to the authoritarian regime would have occurred. After analyzing the sources, we concluded that the hypothesis was only partially confirmed, in relation to the years 1938-1943. In these years, Castro Nunes published newspaper articles, legitimizing the newly instituted regime, and articles in legal journals, presenting a doctrinal contribution to the authoritarian regime, in addition to having defended the possibility of relativizing individual rights and guarantees by the Supremo Tribunal Federal. From 1943 on, however, his discourse changed, leaving behind fascist references, which were increasingly worn out.

The North American Discovery: A historical perspective towards the present

Evelyn Vieyra Luna — 2024-12-03

This booklet offers a historical perspective of Discovery in the pretrial phase of the North American civil process, due to the lack of a central and autonomous preliminary phase within the Chilean civil process, taking into account the positive externalities that this institute claims could solve. Several of the inconveniences that our current civil justice faces. The object is to verify whether the purposes of discovery remain the same as when its implementation was considered, as well as the legislative attempts to stop its use as an abusive practice. For these purposes, the exegetical method has been used, based mainly on the analysis of Rule 26 of the Federal Rules Civil Procedure and the relevant dogmatics. The result has been the verification that at present the discovery pursues different purposes than those that motivated its regulatory introduction and that the incessant efforts to limit fishing expeditions have produced positive changes in the conception and processing of this procedural tool, becoming an attractive institute for the Chilean civil process

Paolo Prodi: «¿Es ahora posible la anatomía del Estado moderno?»

Andrés Botero Bernal — 2024-12-03

Texto traducido de: Prodi, Paolo. È ora possibile l’anatomia dello Stato moderno? En: Annali dell’Istituto storico italo-germanico di Trento, vol. XX, 1994, pp. 265-271. Este trabajo se publicó de nuevo en: Prodi, Paolo. È ora possibile l’anatomia dello Stato moderno? En: Prodi, Paolo. Storia moderna o genesi della modernità. Bologna: Il Mulino, 2012, pp. 91-99.

The Alphonsine legislation regarding the prohibition of interfaith sexual contacts: A hermetic or permeable barrier?

Aude Argouse — 2024-12-03