A dimensão imperial do espaço jurídico português. Formas de imaginar a pluralidade nos espaços ultramarinos, séculos XIX e XX
When the Portuguese Civil Code of 1867 was enforced in colonial territories, the right to be judged according to their »customs and law« (usos e costumes) was recognized for a large set of indigenous groups. Both decisions – the application of the Civil Code and the recognition of indigenous c...
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| Format: | Article |
| Language: | deu |
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Max Planck Institute for Legal History and Legal Theory
2015-01-01
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| Series: | Rechtsgeschichte - Legal History |
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| Online Access: | http://data.rg.mpg.de/rechtsgeschichte/rg23_187nogueira.pdf |
| Summary: | When the Portuguese Civil Code of 1867 was
enforced in colonial territories, the right to be
judged according to their »customs and law« (usos
e costumes) was recognized for a large set of indigenous
groups. Both decisions – the application of
the Civil Code and the recognition of indigenous
customs – reflected an existing tension between
principles of unity and diversity in what concerned
Portuguese legal order Overseas. In this article, I
examine the role played by this tension in the
judicial theories of Portuguese law teachers, colonial
legislators, governors, judges and officers. By
looking at their lessons, reports and memoires, as
well as at the laws enacted, I identify their changing
thoughts about the role of legal pluralism and
its practices in the civilizational improvement of
indigenous individuals and societies. In the closing
pages of my contribution, I pay special attention to
the changes that occurred in the late 19th and early
20th centuries, when an indigenous system (indigenato)
was first conceptualized and then enforced in
Portuguese African colonies. |
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| ISSN: | 1619-4993 2195-9617 |