Civilizing process and legislation: considerations about the portuguese ordinations

Abstract

The aim is to reflect on the relationship between the legal and social changes in Europe from the fifteenth century. Will address more specifically some changes in the forms of punishment in the present legislation in force in all the Portuguese Empire from the fifteenth century. This legislation was defined by the actual ordinances, regulations that were carrying the names of kings who sent them to elaborate. The three main sets of laws by the end of the Portuguese monarchy were the Ordinances Alphonsine (completed in 1446), the Manueline Ordinances (published in 1514) and Filipinas (enacted in 1603). These sets of laws reveal changes in the forms of punishment, which, one assumes, has close ties with the project of society that took shape in each context. In this sense, investigations of Norbert Elias for the civilizing process will be considered here because of his belief that there is “long-term changes in emotions and control structures of people in particular societies”. Assuming that each reality sets its forms of punishment, such as initiatives will be addressed in order to change lifestyles and therefore educational initiatives. Initially, the ordinances will be presented and their contexts in which they were enacted. Then considerations of Norbert Elias and the civilizing process are discussed, especially in its relations with the legislation. Finally, it will examine some points of this legislation and its connections with the transformations of the time.