A Child Marriage in Early Colonial Cuzco

2020 ◽  
Vol 45 (4) ◽  
pp. 429-456
Author(s):  
Jeremy Ravi Mumford
Keyword(s):  
Early Modern ◽  
Child Marriage ◽  
Marriage Law ◽  
Arranged Marriage ◽  
Shared Space ◽  
Early Colonial

This article examines an arranged marriage between a seven-year-old Inka girl and an adult Spanish man, and the prosecution that followed. Historians of marriage in the early modern Hispanic world have found broad support for the principle of free consent, which underlay Catholic marriage law and prohibited child marriage. Child marriage was legally invalid and rare. Yet, in this case none of the participants, whether Spanish or indigenous, in favor or opposed to the marriage, considered child marriage to be wrong in itself. The marriage of a child provided members of two ruling castes (colonial elites and colonized Inkas) a shared space for family alliance.

Unsettling Inscriptions: An Interview with Michael Gaudio

Public ◽  
2018 ◽  
Vol 29 (58) ◽  
pp. 22-30
Author(s):  
Michael Litwack ◽  
Michael Gaudio
Keyword(s):  
Early Modern ◽  
Atlantic World ◽  
Colonial Modernity ◽  
Theoretical Approaches ◽  
Early Colonial ◽  
Visual Cultures

Michael Gaudio is an art historian whose far-reaching scholarship has transformed archival and theoretical approaches to the visual cultures of the early modern Atlantic world. In this interview, Gaudio considers smoke’s (dis)organizing vocation within the archives of early colonial modernity. Following smoke’s pathways leads to a discussion of the structure and limits of representation; ephemerality and protocols of reading; the racialized vexations of materiality; and the possibilities of thinking the question of medium otherwise.

scholarly journals “Forming Partnerships”: Extramarital Songs and the Promotion of China's 1950 Marriage Law

2017 ◽  
Vol 233 ◽  
pp. 211-229 ◽  
Author(s):  
Levi S. Gibbs
Keyword(s):  
Northern China ◽  
Marriage Law ◽  
Arranged Marriage ◽  
Free Love ◽  
Chinese Music ◽  
The People ◽  
Music Research ◽  
Song Lyrics ◽  
Social Agendas ◽  
Marriage Reform

AbstractShortly after a push to promote China's 1950 Marriage Law in 1953, scholars from the Chinese Music Research Institute on a collection trip to a small locality in northern China encountered a large number of folksongs about extramarital affairs. They interpreted this as evidence of the need for marriage reform. The folksong lyrics highlighted controversial aspects of the Marriage Law by espousing one of the law's central tenets – free love – while also expressing women's desires to leave their husbands. In this article, I explore how the researchers placed the song lyrics in a liminal moral-temporal category between “feudal” arranged marriage and the new marriage system before declaring the songs to be relics of the victimization of women in a “feudal” past. I argue that additional light-hearted elements complicate the researchers’ conclusion and suggest that when the promotion of social agendas in the 1940s and 1950s cast songs about illicit affairs as morally ambiguous, Chinese scholars chose to ascribe the songs’ “roots” to other groups or to the “feudal” past of the people they sought to praise and/or transform.

scholarly journals Medical Connections and Exchanges in the Early Modern World

2011 ◽  
Vol 8 (2) ◽  
Author(s):  
Michael Naylor Pearson
Keyword(s):  
Early Modern ◽  
Local Knowledge ◽  
Medical Information ◽  
Colonial Period ◽  
Modern World ◽  
Human History ◽  
Early Colonial

For most of human history there have been extensive exchanges of medical information all over Eurasia. Some diseases were considered to be geographically determined, and hence had to be cured using local knowledge. Other ailments were found in many places, but cures could differ according to location. Most healers, whether book based or experiential, took a non-judgemental approach to different healing methods, as seen especially in India in the early colonial period.

scholarly journals Transacting Business through/for Others in Early Colonial Western India: The Text, Context, and Meaning of a Mukhtār-nāma of 1821

2021 ◽  
Vol 64 (5-6) ◽  
pp. 640-659
Author(s):  
Ghulam A. Nadri
Keyword(s):  
Early Modern ◽  
South Asia ◽  
East India Company ◽  
Western India ◽  
Power Of Attorney ◽  
Business Transactions ◽  
Legal Instrument ◽  
Early Colonial ◽  
Text Context ◽  
Commercial Disputes

Abstract In the Persianate world, a mukhtār-nāma (deed of representation or a power of attorney) was a legal instrument that enabled people to transact business through a representative or agent (mukhtār or wakīl). This is a study of one such document written in Surat in 1821. It analyses the document for its socio-cultural, legal, and commercial significance as well as to explore the transition in the adjudication of commercial disputes and civil cases from Mughal to East India Company courts. It shows that there was a strong tradition of documenting business transactions in early modern South Asia and that such practices have continued into the colonial and postcolonial periods.

scholarly journals Indonesian Marriage Law Reform: The Way To Strengthen The Protection of Children’s Rights Against Child Marriage

2018 ◽  
Vol 2 (1) ◽  
pp. 286 ◽  
Author(s):  
Zendy Wulan Ayu Widhi Prameswari ◽  
Erni Agustin
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
International Human Rights ◽  
Minimum Age ◽  
International Human ◽  
Keywords Child

The Act Number 1 Year 1974 on Marriage stipulates the minimum ages requirement to enter into a marriage, which are 19 years for men and 16 years for women. It is expected that at that ages, each party has a mature soul and physic to enter into a marriage life. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Act Number 1 Year 1974 on Marriage to raise the limit of minimum age for women from 16 to 18 years. However, the Constitutional Court considered the provisions is constitutional. Then in 2017, the same provision of Marriage Law is submitted for the second time by different applicant to be reviewed again by the Constitutional Court. On the other hand, Indonesia has participated in the formulation of a variety of international human rights instruments which have an impact on children, and is a party to a number of them, including the CRC and the CEDAW. This paper elaborates the stipulation on minimum age requirement to enter into marriage and the conformity of Indonesian Marriage Act  to the principles and provisions on the international human rights instruments.   Keywords: Child Marriage, Children’s Rights, Indonesian Marriage Law, Minimum Ages

scholarly journals Pernikahan Dini Dalam Hukum Perkawinan di Indonesia

2009 ◽  
Vol 8 (2) ◽  
pp. 223
Author(s):  
Eko Mardiono
Keyword(s):  
High Risk ◽  
Sexual Intercourse ◽  
Young Women ◽  
Social Engineering ◽  
Child Marriage ◽  
Medical Studies ◽  
Marriage Law ◽  
The Law

Contemporary Indonesians witness the rise of the popularity of marriage of the minors, despite the application of the Indonesian Marriage Law no 1/1974 that forbids child marriages for decades. The enactment of the Law decades ago was meant to be a social engineering mean to erase the practice of child marriage with social compromises. Recent research in medical studies show that there is significantly high risk for young women under 18 years old who do sexual intercourse to be infected with servick cancer. Many other research on child marriage using psychological and social approaches also suggest that actors of child marriage are of high risk of suffering from social and psychological troubles. Now, what can we do with the Indonesian Marriage Law that still endorse marriage for girls under 18 years old? This paper discusses the issues from different perspectives.

Diskresi Hukum dalam Pemberian Dispensasi Perkawinan

2020 ◽  
Vol 1 (1) ◽  
pp. 48
Author(s):  
Emanuel Boputra
Keyword(s):  
Children's Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
Family Household ◽  
Legal Consideration ◽  
Age Limit ◽  
The Law ◽  
The Republic ◽  
Happy Family

ABSTRACT: Marriage is one important part in the journey of human’s life. According to the Law No. 1 of 1974 concerning Marriage, Article 1: Marriage is a physical-mental bond between a man and a woman, as a husband and a wife, aiming to create an eternal and happy family/household based on God Almighty. Marriage aims to create a happy and eternal family/household.Article 7 (1) of the Marriage Law stipulates and regulates the age limit for a marriage. A marriage is allowed when the man is at least 19 (nineteen) years old, and the woman is at least 16 (sixteen) years old. Next in the verse 2 is stated that in the event of deviating the verse 1, this article is able to request a dispensation from the Court or other Officials which is appointed by both the parents of the man and the woman. Therefore, a dispensation from the Court or other Officials, which is appointed by both the parents of the man and the woman, is required in order to hold a marriage if those minimum ages are not attained yet.Indeed, a dispensation is able to be justified based on the law aspect (a dispensation is required from the Court or other Officials, appointed by both the parents of the man and the woman, if those minimum ages are not attained yet). The submission of an application for the marriage dispensation to the Court is a legal step, chosen by the applicant in order to legalize their marriage. However, the space for dispensing various forms of child marriage is in fact a form of violation towards the children’s rights, as stated in the legal consideration of the Decree of the Constitutional Court of the Republic of Indonesia No. 22/PUU-XV/2017.Keyword: Marriage, Dispensation, Decree of Law ABSTRAK: Perkawinan merupakan salah satu bagian terpenting dalam perjalanan kehidupan manusia. Menurut ketentuan Undang-undang No. 1 Tahun 1974 tentang Perkawinan Pasal 1 : perkawinan adalah ikatan lahir batin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan untuk membentuk keluarga / rumah tangga yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa  Tujuan perkawinan adalah untuk membentuk keluarga / rumahtangga yang bahagia dan kekal.Pasal 7 (1) Undang-undang Perkawinan menetapkan dan mengatur perihal batas umur untuk melangsungkan perkawinan ; Perkawinan hanya diijinkan jika pihak pria sudah mencapai umur 19 (sembilan belas) tahun dan pihak wanita sudah mencapai umur 16 (enam belas) tahun. Selanjutnya dalam ayat 2 disebutkan bahwa; dalam hal penyimpangan terhadap ayat (1) pasal ini dapat meminta dispensasi kepada Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita. Dengan demikian apabila belum mencapai umur tersebut apabila hendak melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita.Dari aspek hukum pemberian dispensasi memang dapat dibenarkan (apabila belum mencapai umur tersebut, untuk melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita). Pengajuan permohonan dispensasi perkawinan ke Pengadilan adalah langkah hukum yang dipilih oleh Pemohon untuk melegalkan perkawinan. Akan tetapi “ruang” pemberian dispensasi terhadap berbagai bentuk perkawinan anak sebetulnya juga merupakan salah satu bentuk “pelanggaran” terhadap hak-hak anak, sebagai mana dinayatakan dalam pertimbangan hukum Putusan Mahkamah Konstitusi No. 22/PUU-XV/2017.Kata Kunci: Perkawinan, Dispensasi, Dekresi Hukum

The Legal Mechanics of Spanish Conquest: War and Peace in Early Colonial Peru

2021 ◽  
pp. 81-106
Author(s):  
Arnulf Becker Lorca
Keyword(s):  
Early Modern ◽  
Legal Regulation ◽  
War And Peace ◽  
Spanish Conquest ◽  
Limited Space ◽  
Colonial Peru ◽  
Early Colonial ◽  
The Law ◽  
Modern War ◽  
War Discourse

Whereas Anuschka Tischer’s chapter focusses on the early modern war discourse in Europe, Arnulf Becker Lorca in this chapter examines the legal mechanics of conquest in early colonial Peru. Conventional and postcolonial legal histories focus on the recognition of the indio as free subject, a reaction to the excesses of conquistadores that marked the beginning of the legal regulation of conquest. In contrast, this chapter shows that conquest from the beginning was a regulated enterprise. The law offered a mechanics of conquest. But this law was not only for the Spanish, but also for natives, including Inca elites to manoeuvre. Where conventional histories see in the law a promise of peace between Spaniards and natives, postcolonial histories (presented by Mallavarapu and Chimni in this volume) see a justification of war. In this chapter, we will see a continuum between war and peace with plenty of room for Spanish violence, with some room for Inca resistance, and with a potential, although limited, space for coexistence between the two.

Introduction

2019 ◽  
pp. 1-28
Author(s):  
Caleb Simmons
Keyword(s):  
Early Modern ◽  
Colonial Period ◽  
Early Colonial ◽  
History Of ◽  
British Colonial ◽  
Colonial Encounter

This chapter introduces the reader to the history of the Mysore kingdom and the courts of Tipu Sultan and Krishnaraja Wodeyar III. It investigates the kingdom’s development before and during the British colonial encounter in order to show the historical circumstances that led to the rearticulation of sovereignty in the late early modern and early colonial period. This chapter frames the period under discussion as a time in which the Mysore courts searched for their sovereign identity, which became intimately connected to religious idioms and the kings’ royal devotion. Lastly, this introduction provides an overall outline of the book and its major arguments.

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