Hers, His, And Theirs: Community Property Law in Spain and Early Texas

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9780896725607: Hers, His, And Theirs: Community Property Law in Spain and Early Texas

“In the mid-1700s, in the tiny villa of San Fernando de Béxar, on the northern fringes of the Spanish Empire in North America, Hispanic women had legal rights that would have astonished their British counterparts half a continent to the east. Under Spanish law, even in the sparsely settled land that would one day become Texas, married women could own property in their own names. They could control and manage not only their own property but even that of their husbands. And if their property rights were infringed, they could seek redress in the courts.” —from the Introduction In the Texas Republic, Spanish law came to be seen as more equitable than English common law in certain areas, especially women’s rights, and some Spanish traditions were adopted into Texas law. Upon statehood, traditions in community property and women’s legal status were written into the state constitution.Through legal battles, documents, and court cases, 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. Jean A. Stuntz looks 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. She 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.

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About the Author:

Jean A. Stuntz teaches Texas and Spanish borderlands history at West Texas A&M University, in Canyon. Formerly a practicing attorney, she now specializes in women’s history of the Southwest.

Review:

"In the mid-1700s, in...the Spanish Empire in North America, Hispanic women had legal rights that would have astonished their British counterparts....Under Spanish law ...married women could own and manage property in their own names....And if their property rights were infringed, they could seek redress in the courts."

"About this title" may belong to another edition of this title.

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Book Description Texas Tech Press,U.S., United States, 2005. Hardback. Book Condition: New. Language: English . Brand New Book. In the mid-1700s, in the tiny villa of San Fernando de Bxar, on the northern fringes of the Spanish Empire in North America, Hispanic women had legal rights that would have astonished their British counterparts half a continent to the east. Under Spanish law, even in the sparsely settled land that would one day become Texas, married women could own property in their own names. They could control and manage not only their own property but even that of their husbands. And if their property rights were infringed, they could seek redress in the courts - from the Introduction. In the Texas Republic, Spanish law came to be seen as more equitable than English common law in certain areas, especially womens rights, and some Spanish traditions were adopted into Texas law. Upon statehood, traditions in community property and womens legal status were written into the state constitution. Through legal battles, documents, and court cases, 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. Jean A. Stuntz looks 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. She discusses what this system of community property offered that English common law did not and why this aspect of married womens property rights has not been well studied. Jean A. Stuntz teaches Texas and Spanish borderlands history at West Texas AM University, in Canyon. Formerly a practicing attorney, she now specializes in womens history of the Southwest. Bookseller Inventory # AAN9780896725607

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