Surprise Heirs: Illegitimacy, Inheritance Rights, and Public Power in the Formation of Imperial Brazil, 1822-1889 - Vol. 2

By Linda Lewin | Go to book overview

CHAPTER 2
Dismantling the Colonial Regime
Estate, Birth, and Color

When I drew up this bill, I had in mind putting an end to the De
sembargo do Paço, for the reason that it was not needed. It was
created here, only because there had been a Desembargo do Paço
in Lisbon.

Dep. Bernardo Pereira de Vasconcellos, July 24, 1827 1

What should come to an end is the effective jurisdiction of the tri
bunal for dispensing laws, whose function belongs to the legislative
body.

Dep. Jozé Clemente Pereira, July 24, 1827 2

The central importance of a legally embedded society of estates for reform of matrimonial and inheritance law emerged as soon as Brazil's national legislature convened. A plethora of arrangements touching on both public and private positive law attracted attention from liberal reformers, due to their determination that corporate privilege for church and nobility should cease. Yet legislators construed distinctions of estate very narrowly. During the 1820s, for instance, they still thought in terms of social divisions they identified as “orders”—divisions that roughly corresponded to legal estates rather than to those of social class. They also closed ranks on the issue of color— what they usually construed as African ancestry. By maintaining silence, liberal reformers not only declined to confront the most blatant reminder of a society of estates—slavery—but they also endorsed the increasingly extralegal barrier of African ancestry that explained why church, nobility, military, and even Parliament itself would be upheld as lily-white institutions.

This chapter examines several ways that a society of estates still mattered juridically after independence and how it shaped key social divisions in early imperial Brazil. It is an effort to clarify both the juridical and the judicial context for reformist bills addressing illegitimate birth and inheritance rights discussed in the chapters that follow. Major attention is paid to the criterion of legitimate birth, in tandem with the related notion of racial purity, extending a focus the preceding volume introduced. Each continued to be cen

-37-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Surprise Heirs: Illegitimacy, Inheritance Rights, and Public Power in the Formation of Imperial Brazil, 1822-1889 - Vol. 2
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 397

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.