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    Nem teúdas, nem manteúdas

    História das Mulheres e Direito na capitania da Paraíba (Brasil, 1661–1822)

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    Author(s)
    de Oliveira Coutinho Silva, Luisa Stella
    Contributor(s)
    Duve, Thomas (editor)
    Vogenauer, Stefan (editor)
    Language
    Portuguese
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    Abstract
    This book develops a legal history of colonial women as a methodological approach to studying the women of Paraíba, a captaincy on the northeast coast of Brazil, from the end of the Dutch occupation (1661) to Brazilian independence in 1822. It uses the concept of multiple normativities to analyse dozens of daily life cases from Portuguese and Brazilian archives. To study women’s everyday normative contexts in a colonial space, the author analyses traditional Ius Commune and Portuguese legal sources from different jurisdictions, but also legal doctrines, medical treatises, moralist works and literature to enrich interpretations in women’s history, gender studies, feminist legal theory and legal history. Furthermore, she examines the impact of these normative traditions in the colonial Captaincy of Paraíba and focuses on normativities of a more pragmatic character, analysing archival documents portraying women’s daily life situations relating to both secular and religious jurisdictions. The analysis demonstrates that the law from the metropole neither offered pre-established solutions for women’s daily lives, nor was it applied unchanged in the colony. On the ground, law was dynamic, and the interplay of multiple normativities provided different possibilities that depended on the intersection of women’s condition and status, religion and sexual options, proving that sex and gender categories are not immutable, but, on the contrary, flexible according to the practices of law in colonial Paraíba.
    URI
    https://library.oapen.org/handle/20.500.12657/47518
    Keywords
    Portuguese Empire; Captaincy of Paraína; Colonial Brazil; Women’s history; Estudos de gênero; Sexual difference and sexualities; Legal History
    DOI
    10.12946/gplh15
    ISBN
    9783944773285, 9783944773292
    Publisher
    Max Planck Institute for Legal History and Legal Theory
    Publisher website
    https://www.lhlt.mpg.de/en
    Publication date and place
    Frankfurt am Main, 2020
    Series
    Global Perspectives on Legal History, 15
    Classification
    Legal history
    European history
    Asian history
    History and Archaeology
    20th century, c 1900 to c 1999
    History: specific events and topics
    Constitution: government and the state
    Pages
    396
    Rights
    https://creativecommons.org/licenses/by/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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