Escriche, Joaquín, 1784-1847.
Escriche's Diccionario Razonado : Spanish Law
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Diccionario Razonado, 1838 |
Not a great deal is known about writer and translator Joaquín Escriche y Martín. Born in Teruel, Spain, he was attracted to humanism in his studies. During the Napoleonic invasion, he helped defend his country against French domination. When Ferdinand VII reestablished absolute rule in 1823, defeating the efforts of the liberals to reinstate the Constitution of 1812, Escriche emigrated to France. He lived and worked there until Ferdinand died in 1833, and then moved back to Spain to live in Madrid. Escriche was fascinated with the growth of the legal system in America, and translated the works of several American authors, such as Thomas Jefferson and Jeremy Bentham, into Spanish.
Escriche's dictionary, like many other legal texts published in the first half of the 19th century, crystallized the new progressive political and legal doctrine being taught in universities and practiced in Spanish cities. Many liberal writers and jurists wanted to modernize and transform the Spanish judicial system, and to override the traditions held over from the colonial era. Escriche's work added consistency, precision, and elaboration to the laws of Spain. The dictionary was received with great acclaim when it was first published in Paris in 1831, both in Spain and overseas. Escriche strove for universality in the concepts he described, and even jurists who disagreed with Escriche's liberal philosophies used his work, which defines judicial concepts, rules of law, and penal, civil, and mercantile institutions. Subsequent editions, such as the one published by Mexican jurist Juan N. Rodríguez de San Miguel in 1838, were enriched with much-needed references to cases, statutes, and authorities. Dozens of later editions were published in Spain, France, Mexico, and South America, and remained in print throughout the 19th and 20th centuries, attesting to the dictionary's enduring value.
Escriche's dictionary was the most frequently cited source for Spanish law in Texas cases involving Spanish law (mainly land titles and water rights). Escriche's definition for "Aguas" (waters) played a key role in a landmark case on water rights, State v. Valmont Plantations, 346 S.W.2d 853 (Tex.Civ.App. 1961). Justice Jack Pope (later Chief Justice of the Texas Supreme Court), pointed out that, in the 1847 edition, Escriche had erroneously borrowed concepts from French law that were never part of Spanish law.
For information about Escriche and his dictionary, including a bibliography of editions, see the 1998 facsimile reprint of the 1837 Mexican edition of the dictionary, which contains a long, informative introduction: Diccionario razonado de legislación civil, penal, comercial y forense por Joaquín Escriche ; con citas del derecho, notas y adiciones por Juan Rodríguez de San Miguel ; edición y estudio introductorio por María del Refugio González (México : UNAM, Instituto de Investigaciones Jurídicas, 1998).
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