Hers, His, and Theirs : Community Property Law in Spain and Early Texas
by Stuntz, Jean A.Edition: 2nd
Format: Paperback
Pub. Date: 2010-11-01
Publisher(s): Texas Tech University Press
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Summary
Through court cases and legal documents, Hers, His, and Theirs explores the evolution of Castilian law during the Spanish Reconquest and how those laws came to the New World and Texas. Looking carefully at why the Spanish legal system developed so differently from any other European system and why it survived in Texas even after settlement by Anglos in the 1830s, Jean A. Stuntz discusses what this system of community property offered that English common law did not, and why this aspect of married women's property rights has not been well studied.
Author Biography
Jean A. Stuntz teaches Texas and Spanish borderlands history at West Texas AM University, in Canyon. Trained in the law, she now specializes in women's history of the Southwest.
Table of Contents
| Preface | p. ix |
| Foreword | p. xi |
| Introduction | p. xxi |
| The Development of Spain and of Castilian Law | p. 1 |
| Las Siete Partidas | p. 15 |
| Family Law in the Partidas | p. 31 |
| The Transfer of Castilian Laws to New Spain | p. 45 |
| The Spanish Legal System Arrives in Texas | p. 63 |
| Women's Status in Case Law from San Fernando de Béxar | p. 71 |
| The Impact of English History on the Development of English Common Law | p. 87 |
| The Application of Spanish and English Laws to Anglo-American Settlers in Mexican Texas | p. 109 |
| The Creation of the Republic of Texas and Its Legal System | p. 133 |
| The State of Texas and Its Legal System | p. 147 |
| Conclusion | p. 172 |
| Chronology | p. 175 |
| Texas Constitution of 1845 | p. 179 |
| Notes | p. 181 |
| Select Bibliography | p. 197 |
| Index | p. 207 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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