The impact of Spanish legal traditions on the American legal system is examined in this dissertation, with particular attention paid to areas where this influence is most noticeable. It explores the historical exchange between Spanish and American legal systems, with focus on areas where Spanish colonial control had a particularly strong influence, including Louisiana and the Southwest. The research analyses the persistence and modification of Spanish legal concepts in the United States legal system by looking at how they are integrated into civil law, water rights traditions and property law. This study offers a thorough knowledge of the complex ways that Spanish legal traditions have affected and continue to impact American jurisprudence by following the transmission of Spanish legal conceptions through historical sources, case law and legal codes. To conclude this dissertation adds to the larger conversation on legal diversity and the multicultural roots of the American legal system. The dissertation aims to shed light on the ways that many sectors of American law have been shaped by Spanish legal concepts and how they still do. In states like Texas, New Mexico but also California and Arizona as well as Louisiana, the legacy of Spanish law is especially noticeable because of the historical background of Spanish colonization in portions of what is now the US. In terms of historical background of Spanish influence, beginning in the late 15th century, Spain explored and colonized the Americas, building a huge empire that covered a sizable section of North America.As regards the impact of property law we will see in this research paper that in contrast to the English common law system the legal tradition of Spain brought ideas like community property.All property obtained during marriage is regarded as jointly owned by husband and wife both under community property law and this is a notion that is currently upheld in a number of United States including here Texas but also California. With reference to property rights and land grants we will notice that Spanish land grants had a major impact on property rights in the Southwest of the America. Spanish government granted land concessions to individuals, but also to municipalities and American native tribes, frequently with the aim of promoting settlement and growth. The US property law system has been moulded by the court cases involving these land concessions especially in the aftermath of the war between America and Mexico.In this study we will also look at influences on water law. Spanish legal traditions have also had a lasting influence on water law. Spanish colonial law is the source of the prior appropriation theory, which controls water rights in several states located in West. We will discuss several case studies in each session of the dissertation. These case studies address a variety of subjects such as the community property law applications, property conflicts and litigations on water rights.Finally, the dissertation ends with a summary of the major discoveries and advancements in our knowledge of the impact on American law of Spanish legal traditions. It highlights how crucial it is under the conclusion section to acknowledge and value the various legal influences that have moulded the legal system of American states.The conclusion also makes recommendations for future research, such as examining how foreign legal traditions have influenced American law.

The impact of Spanish legal traditions on the American legal system is examined in this dissertation, with particular attention paid to areas where this influence is most noticeable. It explores the historical exchange between Spanish and American legal systems, with focus on areas where Spanish colonial control had a particularly strong influence, including Louisiana and the Southwest. The research analyses the persistence and modification of Spanish legal concepts in the United States legal system by looking at how they are integrated into civil law, water rights traditions and property law. This study offers a thorough knowledge of the complex ways that Spanish legal traditions have affected and continue to impact American jurisprudence by following the transmission of Spanish legal conceptions through historical sources, case law and legal codes. To conclude this dissertation adds to the larger conversation on legal diversity and the multicultural roots of the American legal system. The dissertation aims to shed light on the ways that many sectors of American law have been shaped by Spanish legal concepts and how they still do. In states like Texas, New Mexico but also California and Arizona as well as Louisiana, the legacy of Spanish law is especially noticeable because of the historical background of Spanish colonization in portions of what is now the US. In terms of historical background of Spanish influence, beginning in the late 15th century, Spain explored and colonized the Americas, building a huge empire that covered a sizable section of North America.As regards the impact of property law we will see in this research paper that in contrast to the English common law system the legal tradition of Spain brought ideas like community property.All property obtained during marriage is regarded as jointly owned by husband and wife both under community property law and this is a notion that is currently upheld in a number of United States including here Texas but also California. With reference to property rights and land grants we will notice that Spanish land grants had a major impact on property rights in the Southwest of the America. Spanish government granted land concessions to individuals, but also to municipalities and American native tribes, frequently with the aim of promoting settlement and growth. The US property law system has been moulded by the court cases involving these land concessions especially in the aftermath of the war between America and Mexico.In this study we will also look at influences on water law. Spanish legal traditions have also had a lasting influence on water law. Spanish colonial law is the source of the prior appropriation theory, which controls water rights in several states located in West. We will discuss several case studies in each session of the dissertation. These case studies address a variety of subjects such as the community property law applications, property conflicts and litigations on water rights.Finally, the dissertation ends with a summary of the major discoveries and advancements in our knowledge of the impact on American law of Spanish legal traditions. It highlights how crucial it is under the conclusion section to acknowledge and value the various legal influences that have moulded the legal system of American states.The conclusion also makes recommendations for future research, such as examining how foreign legal traditions have influenced American law.

The influence of Spanish Legal traditions on the legal system of the United States reflects its heritage in distinct ways.

MATAJ, PEMARNELA
2023/2024

Abstract

The impact of Spanish legal traditions on the American legal system is examined in this dissertation, with particular attention paid to areas where this influence is most noticeable. It explores the historical exchange between Spanish and American legal systems, with focus on areas where Spanish colonial control had a particularly strong influence, including Louisiana and the Southwest. The research analyses the persistence and modification of Spanish legal concepts in the United States legal system by looking at how they are integrated into civil law, water rights traditions and property law. This study offers a thorough knowledge of the complex ways that Spanish legal traditions have affected and continue to impact American jurisprudence by following the transmission of Spanish legal conceptions through historical sources, case law and legal codes. To conclude this dissertation adds to the larger conversation on legal diversity and the multicultural roots of the American legal system. The dissertation aims to shed light on the ways that many sectors of American law have been shaped by Spanish legal concepts and how they still do. In states like Texas, New Mexico but also California and Arizona as well as Louisiana, the legacy of Spanish law is especially noticeable because of the historical background of Spanish colonization in portions of what is now the US. In terms of historical background of Spanish influence, beginning in the late 15th century, Spain explored and colonized the Americas, building a huge empire that covered a sizable section of North America.As regards the impact of property law we will see in this research paper that in contrast to the English common law system the legal tradition of Spain brought ideas like community property.All property obtained during marriage is regarded as jointly owned by husband and wife both under community property law and this is a notion that is currently upheld in a number of United States including here Texas but also California. With reference to property rights and land grants we will notice that Spanish land grants had a major impact on property rights in the Southwest of the America. Spanish government granted land concessions to individuals, but also to municipalities and American native tribes, frequently with the aim of promoting settlement and growth. The US property law system has been moulded by the court cases involving these land concessions especially in the aftermath of the war between America and Mexico.In this study we will also look at influences on water law. Spanish legal traditions have also had a lasting influence on water law. Spanish colonial law is the source of the prior appropriation theory, which controls water rights in several states located in West. We will discuss several case studies in each session of the dissertation. These case studies address a variety of subjects such as the community property law applications, property conflicts and litigations on water rights.Finally, the dissertation ends with a summary of the major discoveries and advancements in our knowledge of the impact on American law of Spanish legal traditions. It highlights how crucial it is under the conclusion section to acknowledge and value the various legal influences that have moulded the legal system of American states.The conclusion also makes recommendations for future research, such as examining how foreign legal traditions have influenced American law.
ENG
The impact of Spanish legal traditions on the American legal system is examined in this dissertation, with particular attention paid to areas where this influence is most noticeable. It explores the historical exchange between Spanish and American legal systems, with focus on areas where Spanish colonial control had a particularly strong influence, including Louisiana and the Southwest. The research analyses the persistence and modification of Spanish legal concepts in the United States legal system by looking at how they are integrated into civil law, water rights traditions and property law. This study offers a thorough knowledge of the complex ways that Spanish legal traditions have affected and continue to impact American jurisprudence by following the transmission of Spanish legal conceptions through historical sources, case law and legal codes. To conclude this dissertation adds to the larger conversation on legal diversity and the multicultural roots of the American legal system. The dissertation aims to shed light on the ways that many sectors of American law have been shaped by Spanish legal concepts and how they still do. In states like Texas, New Mexico but also California and Arizona as well as Louisiana, the legacy of Spanish law is especially noticeable because of the historical background of Spanish colonization in portions of what is now the US. In terms of historical background of Spanish influence, beginning in the late 15th century, Spain explored and colonized the Americas, building a huge empire that covered a sizable section of North America.As regards the impact of property law we will see in this research paper that in contrast to the English common law system the legal tradition of Spain brought ideas like community property.All property obtained during marriage is regarded as jointly owned by husband and wife both under community property law and this is a notion that is currently upheld in a number of United States including here Texas but also California. With reference to property rights and land grants we will notice that Spanish land grants had a major impact on property rights in the Southwest of the America. Spanish government granted land concessions to individuals, but also to municipalities and American native tribes, frequently with the aim of promoting settlement and growth. The US property law system has been moulded by the court cases involving these land concessions especially in the aftermath of the war between America and Mexico.In this study we will also look at influences on water law. Spanish legal traditions have also had a lasting influence on water law. Spanish colonial law is the source of the prior appropriation theory, which controls water rights in several states located in West. We will discuss several case studies in each session of the dissertation. These case studies address a variety of subjects such as the community property law applications, property conflicts and litigations on water rights.Finally, the dissertation ends with a summary of the major discoveries and advancements in our knowledge of the impact on American law of Spanish legal traditions. It highlights how crucial it is under the conclusion section to acknowledge and value the various legal influences that have moulded the legal system of American states.The conclusion also makes recommendations for future research, such as examining how foreign legal traditions have influenced American law.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14240/144946