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Legal Probabilism in judicial proceedings in Spanish America in the 17th and 18th centuries

Abstract

The aim of the project presented here is to expand on research from the Young Researchers' Project (JP)"Rights and Justice in the Americas," which was adopted by the FAPESP in 2007 and carried out over the last five years.Our goal is to create a line of innovative research based on analysis of the sentences of the judges who were practicing in Spanish America in the 17th and 18th centuries (as well as treatises by 17th-century Spanish American jurists and theologians) and the motivations for their decisions, under the premise of the relationship between Moral Theology and Law, and, specifically, the school of thought known as "probabilism".If the hypothesis is consistent, a large number of decisions will be verified based on such legal and moral categories as "free will", "conscience", "the opinion of the doctors", "judiciousness", "case" and "circumstance", which would allow the administrators of justice to adapt the royal law, treat it with flexibility and even disobey it, depending on the local interests and circumstances. (AU)

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Scientific publications
(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)
JOAQUÍN GARCÍA-HUIDOBRO; RAFAEL RUIZ. Dupla equidade em sentenças do Vice-Reinado do Prata no final do século XVIII. Revista Direito e Práxis, v. 8, n. 2, p. 1203-1223, . (13/05641-4)

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