Miedo / Fear (DCH)
 

No. 2025-09

English Abstract: 

Fear was broadly understood as one of the passions capable of vitiating consent. The article presents the multiple types of fear according to the sources of canon law in Spanish America and the Philippines. It also explores the various implications of fear in the execution of contracts, marriage, religious profession and  oaths, among other issues. Emphasis is placed on the importance of this emotion in the administration of justice based on legal manuals and colonial jurisprudence. The article also discusses the transfer of this category to Spanish America, where indigenous people were considered prone to fear of colonial authorities. Finally, a historiographical overview of this topic is included, which may be useful for future research.