History of Latin America Law

The changes in Latin America law institutions over the past few centuries have served to reflect the changes in economic and social needs in the area, and have been implemented and practised to varying effect.

While common law associated with the family and small groups existed prior to colonization, the development of a coherent and stable series of laws can be said to have developed as a response to the requirements set down by the colonizers (particularly the Spanish) during the period when European interests began to dominate over those of the colonised.

Latin America law and thus be said to have been cemented, particularly in the private sphere, in the period between 1700 and 1810. While the specificities of Latin America law depends greatly upon the historical tactics employed by those who colonized the area in question, the predominance of a number of colonist influences can effectively serve to provide a general outlook of the trends that characterised the establishment of a distinct Latin America law institution during this period.

In addition, the dominance of Spanish influence in the region had a particularly prominent influence in the formation of formalised Latin America law institutions. But despite the ubiquity of Spanish law enforcement in the region, it is surprisingly hard to identity the specific characteristics and manner of this law, both written and in terms of how it was practised, during this period. Despite this, certain characteristic trends can be identified which have had an influence on later developments in Latin America law institutions.

Law in Latin America during this period was informed by the Sietes Partidas (1265), a text that was used in Spain to legitimize the authority of the Spanish crown over other sections of the Spanish community. Many copies of this text have been found in Latin America, dated from around the time of the Spanish colonization of the area. In addition to strengthening the power of the Crown, this text also contains many of the features that would categorise Latin America law during the time of Spanish colonial rule.

However, the Castilian law that was used to legislate the social and political sphere in Latin America during this time until the mid 19th century was highly convoluted and speculative, and referred to a great many texts. It was also highly litigious by nature; the well-educated Castilian was almost always well-educated in matters of the law, and many were frequently involved in lawsuits, due in part to the multiple ambiguities inherent to Castilian law at the time. Because of this, it is impossible to ascertain with any degree of precision or authority how Spanish law was precisely implemented. Certain trends, however, can be identified:

Firstly, Latin America law in the private sphere was territorial in its nature. As such, Latin American colonies were carved up according to the needs of the colonists. Portuguese and Spanish territories were therefore defined in response to the need to identify differences between regions that, prior to colonization, did not exist politically.

Secondly, Latin America law was practiced as a colonial tool for replicating royal and social economic structures abroad. This served to assist greatly in homogenizing the political structures of Latin America across the continent, in-keeping with a Spanish model of royal structures that served as a bureaucratic means of legitimizing political authority across the region.

Thirdly, the extensive bureaucratic procedures ideologically implemented across Latin America law institutions served to legitimate the exploitation of labour in order to facilitate material extraction; both mining and agriculture were extensively legislated; additionally, matters concerning private property were also subject to extensive legislation in order to preserve a pro-Spanish power structure.

After independence, the legislative structures that had been incorporated into Latin America law institutions that had served a variety of needs for the Spanish colonisers did not change significantly, although republican values directly related to the revolution marginally altered the economic situation. Latin America law was, however, eventually forced to respond to these changes of circumstances, as rudimentary law structures based upon European legislative models were incorporated to govern both civic and economic activity.

In the 20th century, as the economies in Latin America have become more open and less dependent upon the legislative dominance of Spanish and Portuguese rule, greater discrepancy between colonially defined regions in Latin America law has occurred. The function of the revolutions that led to independence from colonists has been twofold. Firstly, independence from colonial rule has made regions in Latin America law more autonomous from one-another. Rather than rely upon the specific laws of Spanish scripture, Latin America law practitioners were given the opportunity to craft their own laws that became increasingly sophisticated and autonomous in nature.

Secondly, Latin America law has shown to demonstrate an increased influence of American legislative practice and ideology, notably through increased liberalisation via free trade and the egalitarianism enshrined in the American Constitution and Bill of Rights, which has slowly permeated the legislature of the region.

Of course, Latin America law as a result of increased independence from colonial powers has led to an increased domestication and autonomy concerning nation-states in the region, which has devolved the areas that, prior to independence, were dependent upon law that originated from one particular region, namely Europe. Law, especially in matters of economics and trade, has become considerably more sophisticated, particularly since the 1970s. Education in matters of the law have also become less constrained, and civic judges are now well trained in matters of legislature across many nationally discrepant Latin America law institutions.

Despite this, Latin America law is still relatively undemocratic, and the under-representation of people outside of the market economy still serves to create large amounts of injustice and corruption across the law system. Despite rudimentary efforts across Latin America, law continues to be relatively patchy in its practice, and the continued influence of militaristic and dictatorial law in the region has served to increase corruption and reduce the efficacy of an independent, efficient, and accessible legislative system that fully serves the needs of the people.

Bibliography

Mirow, M. C. (2004). Latin American Law: A history of private law and institutions in Spanish America. University of Texas Press.

world operates.