Colisión de ordenanzas, costumbres y derechos en un pleito castellano del siglo XVIII

Abstract

This paper analyses an 18th century trial over private and common grazing rights between the farmers and stockbreeders of the council of Antequera. The legal controversy, from the end of the 16th century, gave rise to a request to the Council of Castile for permission in its governing function, and for approval in its judicial function, regarding new ordinances, coexisting with the local custom. The lawsuit highlights a modern legal conception in which subjective rights take precedence over the formal system of normative provisions.