Contested legalities in colonial Mexico : Francisco Xavier Gamboa and the defense of Derecho Indiano

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Title: Contested legalities in colonial Mexico : Francisco Xavier Gamboa and the defense of Derecho Indiano
Author: Albi, Christopher Peter
Abstract: “Contested legalities in colonial Mexico : Francisco Xavier Gamboa and the defense of Derecho Indiano” explores the legal culture of late colonial Mexico through the lens of Francisco Xavier Gamboa , the most celebrated Mexican jurist of his era . Born in Guadalajara in 1717 , Gamboa practiced in the courtrooms of Mexico City , represented the merchants guild of Mexico in Madrid from 1755 to 1764 , analyzed mining legislation in the 1761 Comentarios a las Ordenanzas de Minas , and served three decades as an Audiencia judge until 1794 . His long career encompassed the most salient features of the legal culture of his time . The central argument of this dissertation is that the legality Gamboa embodied and defended , known to historians as Derecho Indiano , came under attack in the period of the so -called Bourbon Reforms during the reign of Charles III . Led by José de Gálvez , the visitor -general of New Spain in the 1760s and later the secretary of state for the Indies from 1776 to 1787 , the crown sought to streamline the legal order in order to root out corruption , restrict local autonomy , and strengthen royal authority . Gamboa and many other experienced officials opposed this effort . They argued that the old legal order , which recognized local customs and guaranteed judicial autonomy , provided the flexibility needed to maintain the Spanish empire in America . This contest in legalities marked the emergence of a centralized state in Spanish America and the moment when the Spanish legal order began to lose its legitimacy in America .
URI: http : / /hdl .handle .net /2152 /ETD -UT -2009 -08 -186
Date: 2010-06-04

Citation

Contested legalities in colonial Mexico : Francisco Xavier Gamboa and the defense of Derecho Indiano. Doctoral dissertation, The University of Texas at Austin. Available electronically from http : / /hdl .handle .net /2152 /ETD -UT -2009 -08 -186 .

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