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Filiation, Marriage, Family, and Domestic Conflicts

Filiation, Marriage, Family, and Domestic Conflicts

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This chapter discusses the legal history of filiation, family, marriage, and domestic conflicts in Latin America during colonial times and after independence. It considers the prevalence of sexual liaisons before or out of marriage and the various legal categories of illegitimate offspring resulting from such relations. Then, it looks at marriage and family formation. Finally, it considers domestic conflicts and their legal evolution from private to public and then, to international legal affairs. The chapter examines forces behind such transformation highlighting that they included European colonial powers, the Catholic church, legal scholars, and individual family members, women being perhaps the most prominent. It also establishes that international actors such as the global feminist movement and multilateral organizations like the United Nations played a key role as well. Overall, it emphasizes the historical centrality and persistence of patriarchy, legal and otherwise.

ISBN

978-90-04-37020-3

Publication Date

12-2023

Publisher

Brill

Disciplines

Law | Legal History

Comments

Type: Chapter 18
Pages: 452–476

Filiation, Marriage, Family, and Domestic Conflicts

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