MODERNITY AND LEGAL UNIFICATION: THE “TURN TO MODERNITY” OF THE PORTUGUESE-SPANISH-IBEROAMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES
MODERNITY AND LEGAL UNIFICATION: THE “TURN TO MODERNITY” OF THE PORTUGUESE-SPANISH-IBEROAMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES

Summary/Abstract: Our title is also a reference to the fact that European civilisation in Ibero-America, in thesetwo former colonial powers, represented a specific Portuguese-Spanish cultural tradition,imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use ofeconomic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that hasevolved from the wars of independence in the 19th century to the present day, and which,while it may have its own particularities from country to country, can be seen as a coherentwhole in terms of its foundations and main components. It is another question entirelywhether, within this structure, we can point out where Ibero (or Hispanic) culture ends andnative (Indian) culture begins, from the point of view of, say, customary law. This aspect ofthe indigenous question began to have an impact on the unfolding of native (indigenous)peoples' movements around the 1992 bicentennial and then, in the 2000s, its thematisation,especially in Bolivia. Among blacks, the continuation of African traditions is not expressed incustomary law, but in the world of religion, superstition, nature spirits and creatures, rites,ceremonies, bird feathers, emblems, wood carvings, etc.

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