Tamar Herzog – författare

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.“A remarkable achievement, sure to become a go-to text for scholars and students alike… A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.”—Amalia D. Kessler, Stanford University“A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.”—Federico Varese, Oxford University“Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.”—David Nirenberg, University of Chicago

In this book Tamar Herzog explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the natural result of common factors such as language or religion, or that they were artificially imagined, Herzog reexamines early modern categories of belonging. She argues that the distinction between those who were Spaniards and those who were foreigners came about as local communities distinguished between immigrants who were judged to be willing to take on the rights and duties of membership in that community and those who were not.

Frontiers of Possession asks how territorial borders were established in Europe and the Americas during the early modern period and challenges the standard view that national boundaries are largely determined by military conflicts and treaties. Focusing on Spanish and Portuguese claims in the New and Old Worlds, Tamar Herzog reconstructs the different ways land rights were negotiated and enforced, sometimes violently, among people who remembered old possessions or envisioned new ones: farmers and nobles, clergymen and missionaries, settlers and indigenous peoples.Questioning the habitual narrative that sees the Americas as a logical extension of the Old World, Herzog portrays Spain and Portugal on both sides of the Atlantic as one unified imperial space. She begins in the Americas, where Iberian conquerors had to decide who could settle the land, who could harvest fruit and cut timber, and who had river rights for travel and trade. The presence of indigenous peoples as enemies to vanquish or allies to befriend, along with the vastness of the land, complicated the picture, as did the promise of unlimited wealth. In Europe, meanwhile, the formation and re-formation of boundaries could last centuries, as ancient entitlements clashed with evolving economic conditions and changing political views and juridical doctrines regarding how land could be acquired and maintained.Herzog demonstrates that the same fundamental questions had to be addressed in Europe and in the Americas. Territorial control was always subject to negotiation, as neighbors and outsiders, in their quotidian interactions, carved out and defended new frontiers of possession.

Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.

Having succeeded in establishing themselves in Europe, Asia, Africa and the Americas, in the early 16th century Spain and Portugal became the first imperial powers on a worldwide scale. Between 1580 and 1640, when these two entities were united, they achieved an almost global hegemony, constituting the largest political force in Europe and abroad. Although they lost their political primacy in the seventeenth century, both monarchies survived and were able to enjoy a relative success until the early 19th century. The aim of this collection is to answer the question how and why their cultural and political legacies persist to date. Part I focuses on the construction of the monarchy, examining the ways different territories integrated in the imperial network mainly by inquiring to what extent local political elites maintained their autonomy, and to what a degree they shared power with the royal administration. Part II deals primarily with the circulation of ideas, models and people, observing them as they move in space but also as they coincide in the court, which was a veritable melting pot in which the various administrations that served the Kings and the various territories belonging to the monarchy developed their own identities, fought for recognition, and for what they considered their proper place in the global hierarchy. Part III explains the forms of dependence and symbiosis established with other European powers, such as Genoa and the United Provinces. Attempting to reorient the politics of these states, political and financial co-dependence often led to bad economic choices. The Editors and Contributors discard the portrayal of the Iberian monarchies as the accumulation of many bilateral relations arranged in a radial pattern, arguing that these political entities were polycentric, that is to say, they allowed for the existence of many different centres which interacted and thus participated in the making of empire. The resulting political structure was complex and unstable, albeit with a general adhesion to a discourse of loyalty to King and religion.

This book traces the interplay between the public structuring and regulation of identities and the creative processes of collective identification, appropriation and evasion of identities. It deals with the ways in which individuals and social groups have developed and enacted identities as cultural resources with different degrees of public recognition and political legitimation, and how these identities have had an impact in defining the boundaries of social order and diversity.

Having succeeded in establishing themselves in Europe, Asia, Africa and the Americas, in the early 16th century Spain and Portugal became the first imperial powers on a worldwide scale. Between 1580 and 1640, when these two entities were united, they achieved an almost global hegemony, constituting the largest political force in Europe and abroad. Although they lost their political primacy in the seventeenth century, both monarchies survived and were able to enjoy a relative success until the early 19th century. The aim of this collection is to answer the question how and why their cultural and political legacies persist to date. Part I focuses on the construction of the monarchy, examining the ways different territories integrated in the imperial network mainly by inquiring to what extent local political elites maintained their autonomy, and to what a degree they shared power with the royal administration. Part II deals primarily with the circulation of ideas, models and people, observing them as they move in space but also as they coincide in the court, which was a veritable melting pot in which the various administrations that served the Kings and the various territories belonging to the monarchy developed their own identities, fought for recognition, and for what they considered their proper place in the global hierarchy. Part III explains the forms of dependence and symbiosis established with other European powers, such as Genoa and the United Provinces. Attempting to reorient the politics of these states, political and financial co-dependence often led to bad economic choices. The Editors and Contributors discard the portrayal of the Iberian monarchies as the accumulation of many bilateral relations arranged in a radial pattern, arguing that these political entities were polycentric, that is to say, they allowed for the existence of many different centres which interacted and thus participated in the making of empire. The resulting political structure was complex and unstable, albeit with a general adhesion to a discourse of loyalty to King and religion.

"Una breve historia del derecho europeo" recorre los últimos dos mil quinientos años, desde los orígenes del derecho romano hasta las últimas transformaciones del derecho comunitario de la actual Unión Europea. Incide en los periodos y momentos de intensa transformación de la realidad jurídica, de los que proceden nuestras instituciones y leyes actuales, y señala los puntos clave para entender de qué se trata cuando hablamos del derecho y de dónde viene el derecho que nos gobierna. Herzog describe cómo los sucesivos ordenamientos jurídicos europeos se fundamentaron unos en otros, desde la Antigüedad hasta la creación y ampliación de la Unión Europea. El derecho romano formaba la espina dorsal de cada configuración, aunque la manera en que se interpretaba, utilizaba y rehacía variaba considerablemente de un siglo y lugar a otro. Solo al considerar conjuntamente el derecho civil continental y el "common law" inglés vemos cómo se basaron en esta tradición compartida y la enriquecieron. Ampliando la definición de Europa para incluir sus dominios coloniales, Herzog explica que los imperios británico y español del Nuevo Mundo no solo fueron receptores de las tradiciones jurídicas europeas sino también incubadores de nuevas ideas. Sus experiencias, además de la tensión constante entre las ideas innovadoras y el localismo ingenuo, explican de qué modo el derecho europeo se rehízo a sí mismo como el epítome de la razón y como un sistema con aplicaciones potencialmente globales. "Una breve historia del derecho europeo", articulando la compleja relación entre los acontecimientos políticos y sociales, y las soluciones jurídicas concebidas para tratarlos, ayudará a entender los orígenes de conceptos e instituciones legales esenciales de nuestros días; a comprender, a través de sus sistemas legales, lo que es Europa.