Michael Huffstutler Latin America: At their respective times of independence throughout the 19th century, the majority of Latin American countries struggled to find their national and cultural identities, relying on Western philosophical doctrine such as positivism initially to explain social, political, and economic shortcomings. In this analysis, I will argue that through despotic leadership, the concentration of resources, and the perpetual reliance on foreign investment throughout the 19th and 20th centuries, a vicious cycle of inequality has been born from harsh legacies of colonialism in both Mexico and Venezuela. The philosophical idea of positivism grew from western ideologues who advocated the theory as a legitimate explanation for the socio-economic lag taking place in Latin America.
Introduction Does regime change result in legal change? For purposes of comparison, a brief section will discuss regime change and its legal effects in other societies—ancient Roman provinces, formerly French Canada, and formerly Mexican California—which also reveal a range of responses influenced by local conditions.
Methodology Legal historians who use case law to reconstruct the evolution of doctrine and its application in practice typically analyze a series of court decisions in a particular jurisdiction and period.
A number of federal and state The legacy of the porfiriato in mexico judgments were printed in El Derecho, published from throughand in El Foro, covering through The editors did not include every case in the country, but reproduced a sufficient sample, particularly for Mexico City and its environs, to give us an idea of how law developed through actual decisions and not just through formal codes.
The eight cases decided between and which I selected from these journals let me assess the extent to which Imperial court judgments influenced jurisprudence well beyond the period of their issuance.
Legal Periodicals and their view of the Empire Perusal of these two journals reveals the impressive breadth of late-nineteenth-century legal talent and judicial topics. All the decisions were judgments promulgated by the Tribunal Superior del Distrito Federal Appellate Court of the Federal Districtand interpreted statutes, principles of equity, or procedure to decide whether prior rulings should be upheld.
In the third examined case the Tribunal Superior refused to apply the recurso de nulidad against an judgment from the Departamento del Valle Del Valle Department, then just outside of Mexico City in favor of creditor Lorenzo Hidalga against Juan Temple. In the Juzgado Sexto de lo Civil applied a statute to a complicated case in which an decision favored Manuel Alcocer, the holder of two disentailment notes promissory notes given by the government in exchange for nationalized Church property.
According to a fire insurance contract signed by entrepreneur Fernando Mangard inhe had to pay a forty-one-peso annual premium for a five-year term. When his business dissolved, Mangard no longer wanted to compensate any of his creditors, including the insurance company.
Further, rules of corporations, such as insurance concerns, were to be considered still fully in force—despite their having originated under the Intervention.
Thus the son could continue collecting his monthly payment. In still other cases, if an Imperial act were not crucial to the resolution of the matter at hand, judges would skip profound analysis and indulge in the post-Intervention rhetoric of condemnation. Ancient Rome conquered varied provinces throughout the Mediterranean world and Europe, and had to decide the extent to which it would impose its own legal system on each.
Spanish and Mexican law considered minerals to be owned by the sovereign, so California judges initially allowed public access to the subsurface, but by reversed themselves and granted private surface owners everything below their land.
|Oxford University Comparative Law Forum||He was offered a post as a priest inbut national events intervened.|
This consistency parallels the stability in political ideology and judicial administration which previous historians have found characteristic of the Empire and its aftermath. However, as in other societies subjected to regime change, the post-Imperial Mexican courts engaged in a range of responses to prior cases depending on the nature of the case as political or practical.
More continuity seems to have been present following the Second Empire than in ancient Rome, where regime change resulted in flexible hybridization; in Canada, where it caused legal conundrums for decades; and in California, where civil law was supplanted.
To follow the approach of Morton Horwitz and determine whether doctrinal tendencies in these Mexican cases favored particular economic classes or social groups, which clearly happened in post-conquest California, we would need a broader and deeper study than that presented here.
Nonetheless, comparative law scholars researching past and contemporary interventions, like those of the United States in Iraq and Afghanistan, may find the methodology and results of the current investigation useful. It should be noted that a similar methodology applied to the same evidence need not yield the same result: Comparative law scholar Alan Watson revisited one set of the cases Horwitz studied, and concluded that judges did not transform traditional property law as much as the latter asserts.
Batiza n 1 — For a detailed exposition of this document, see J. For a useful reprint, with contemporary materials and modern commentary, see Hilda Neatby, The Quebec Act: Protest and Policy Prentice-Hall Arguably, foreign merchants expected to be governed by English commercial law, while family and property primarily involved locals.
Murray Greenwood, Legacies of Fear: In an interesting parallel to formerly French Quebec, the regime change in metropolitan France brought about by the Revolution of also produced chaotic legal results, at least initially.
For a comparison of the reform law requiring paternal recognition of illegitimate children in order for the latter to receive support with judicial decisions ignoring the statute and awarding benefits, see Rachel G Fuchs, Contested Paternity: Spain governed California from toand Mexico then ruled it until the US conquest in Mexico Table of Contents.
The roots of the Mexican republic can be traced to two documents drafted during the early independence struggle against Spain: Los sentimientos de la nación (), by José María Morelos y Pavón, and the Constitution of Apatzingán ().
These tracts introduced the ideal of a republic based on liberal political institutions and. Porfirio Díaz left a mixed legacy in his homeland. His influence is undeniable: with the possible exception of the dashing, brilliant madman Santa Anna no one man has been more important to the history of Mexico since independence.
A People's History of the Mexican Revolution, La Revolución Mexicana. On February 9, the students of the Military Academy of Tlalpan, near Mexico City, broke into the prison where General Bernardo Reyes and Felix Diaz were confined and set them free. Prolonged military dictatorships like the Porfiriato era illuminate how social and economic distributions can become further polarized, causing inequality to grow, and the legacy of colonialism to live on.
Celebration of Mexico's first one hundred years of Independence in , Porfirio Díaz (left) and Enrique Creel (center) The legacy of Díaz has undergone revision since the s. In Díaz's lifetime before his ouster, there was an adulatory literature, which has been named "Porfirismo".
history of Mexico In history of Latin America: Oligarchies in power That regime, known as the Porfiriato, was a particularly clear example of the late 19th-century regimes’ ties to the new economic order.