Details
| Original language | English |
|---|---|
| Pages (from-to) | 325-337 |
| Number of pages | 13 |
| Journal | Rechtsgeschichte - Legal History |
| Volume | 26 |
| Publication status | Published - 2018 |
Abstract
This contribution discusses the collapse of the Iberian Empire and the transformation of legal regimes in 19 th-century Latin America. While most of the literature on this period centers on the process of state-building and the reform of legal institutions, my discussion will focus on the important changes produced in the form of law according to Luhmann's theory of functional differentiation. The main argument is that systems theory can provide a re-evaluation of the history of law in the 19 th and 20 th centuries if one focuses on the idea of the autonomy of law. I argue that this way of reading the functioning of law is analogous to the legal historical re-evaluation of early-modern Iberian legal regimes through the idea of jurisdictional autonomy. Taken together both ways of understanding autonomy in legal observation direct our attention to shifts in law that go beyond the question of empire and nation-state building.
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In: Rechtsgeschichte - Legal History, Vol. 26, 2018, p. 325-337.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Jurisdictional autonomy and the autonomy of law
T2 - End of Empire and the functional differentiation of law in 19 th-century Latin America
AU - Saavedra, Manuel Bastias
N1 - Funding Information: * Research for this article was funded by a Georg Forster research fellow- ship granted by the Alexander von Humboldt Foundation.
PY - 2018
Y1 - 2018
N2 - This contribution discusses the collapse of the Iberian Empire and the transformation of legal regimes in 19 th-century Latin America. While most of the literature on this period centers on the process of state-building and the reform of legal institutions, my discussion will focus on the important changes produced in the form of law according to Luhmann's theory of functional differentiation. The main argument is that systems theory can provide a re-evaluation of the history of law in the 19 th and 20 th centuries if one focuses on the idea of the autonomy of law. I argue that this way of reading the functioning of law is analogous to the legal historical re-evaluation of early-modern Iberian legal regimes through the idea of jurisdictional autonomy. Taken together both ways of understanding autonomy in legal observation direct our attention to shifts in law that go beyond the question of empire and nation-state building.
AB - This contribution discusses the collapse of the Iberian Empire and the transformation of legal regimes in 19 th-century Latin America. While most of the literature on this period centers on the process of state-building and the reform of legal institutions, my discussion will focus on the important changes produced in the form of law according to Luhmann's theory of functional differentiation. The main argument is that systems theory can provide a re-evaluation of the history of law in the 19 th and 20 th centuries if one focuses on the idea of the autonomy of law. I argue that this way of reading the functioning of law is analogous to the legal historical re-evaluation of early-modern Iberian legal regimes through the idea of jurisdictional autonomy. Taken together both ways of understanding autonomy in legal observation direct our attention to shifts in law that go beyond the question of empire and nation-state building.
KW - Empire
KW - Frontiers
KW - Indigenous peoples
KW - Latin America
KW - Legal history
UR - http://www.scopus.com/inward/record.url?scp=85054848803&partnerID=8YFLogxK
U2 - 10.12946/rg26/325-337
DO - 10.12946/rg26/325-337
M3 - Article
VL - 26
SP - 325
EP - 337
JO - Rechtsgeschichte - Legal History
JF - Rechtsgeschichte - Legal History
SN - 1619-4993
ER -