IDEAS home Printed from https://ideas.repec.org/a/dcu/journl/v16y2022i1p24-37.html
   My bibliography  Save this article

Modernity And Legal Unification:The "Turn To Modernity" Of The Portuguese-Spanishibero-American Legal Culture In The 19th And 20th Centuries And Its Current Core Values (Ii)

Author

Listed:
  • Zoltán Gergely APARICIO

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.

Suggested Citation

  • Zoltán Gergely APARICIO, 2022. "Modernity And Legal Unification:The "Turn To Modernity" Of The Portuguese-Spanishibero-American Legal Culture In The 19th And 20th Centuries And Its Current Core Values (Ii)," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 16(1), pages 24-37, February.
  • Handle: RePEc:dcu:journl:v:16:y:2022:i:1:p:24-37
    as

    Download full text from publisher

    File URL: http://fiatiustitia.ro/wp-content/uploads/2023/03/Fiat-Iustitia-nr.-1-2022-06.03.2023-24-37.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Ibero-American legal culture; Ibero-American legal systems; Mapuche customary law systems; Native (Amerind) rights;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:dcu:journl:v:16:y:2022:i:1:p:24-37. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania (email available below). General contact details of provider: http://fiatiustitia.ro .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.