From Justice to Law: Legal Culture in Latin America between 1750 and 1850

What is it about?

This essay explores how legal institutions and practices changed gradually from the eighteenth to the nineteenth century. Most countries in Latin America achieved independence by 1825 but did not revise the legal codes they inherited from Spain or Portugal until later in the nineteenth century. Nevertheless, small reforms and shifting practices across the period contributed to a trend toward greater standardization and the ascendancy of centralized state law over custom and local jurisdictions. The consequences varied depending on one's social status. Although policing increased, many men--even those from lower classes and nonwhite groups--had opportunities to claim rights as citizens. However, those defined as dependent on others--such as women and servants--lost some of the protections they had previously received from colonial magistrates who prioritized conciliation.

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Photo by Tingey Injury Law Firm on Unsplash

Photo by Tingey Injury Law Firm on Unsplash

Why is it important?

Assuming that legal changes followed the same chronology as political events, such as the independence of Latin American nations, can be misleading. Although this shift did result in certain changes, especially in rights of citizens, the underlying trends started in the eighteenth century during a period of colonial reforms. Moreover, we cannot assume that the modernization of law is uniformly progressive. Rather, we need to analyze how laws were enforced and how ordinary people engaged with the court system in order to assess how legal changes affected people in different social groups.

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