MODERNITY AND LEGAL UNIFICATION: THE "TURN TO MODERNITY" OF THE PORTUGUESE-SPANISH-IBERO-AMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES (II) Cover Image

MODERNITY AND LEGAL UNIFICATION: THE "TURN TO MODERNITY" OF THE PORTUGUESE-SPANISH-IBERO-AMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES (II)
MODERNITY AND LEGAL UNIFICATION: THE "TURN TO MODERNITY" OF THE PORTUGUESE-SPANISH-IBERO-AMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES (II)

Author(s): Zoltán Gergely Aparicio
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Recent History (1900 till today), 19th Century, Comparative Law
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: Ibero-American legal culture; Ibero-American legal systems; Mapuche customary law systems, Native (Amerind) rights;

Summary/Abstract: Our title is also a reference to the fact that European civilisation in Ibero-America, in these two former colonial powers, represented a specific Portuguese-Spanish cultural tradition, imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use of economic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that has evolved 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 coherent whole in terms of its foundations and main components. It is another question entirely whether, within this structure, we can point out where Ibero (or Hispanic) culture ends and native (Indian) culture begins, from the point of view of, say, customary law. This aspect of the 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 in customary law, but in the world of religion, superstition, nature spirits and creatures, rites, ceremonies, bird feathers, emblems, wood carvings, etc.

  • Issue Year: 1/2022
  • Issue No: 1
  • Page Range: 24-37
  • Page Count: 14
  • Language: English