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

Zoltán Gergely Aparicio

FIAT IUSTITIA, 2021, vol. 15, issue 2, 20-34

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.

Keywords: computer systems; cyber incidents; security breaches; breach of medical data security (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2021
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