Artigo Acesso aberto Produção Nacional Revisado por pares

An Old Empire Gives Birth to a New One

2018; Max Planck Institute for Legal History and Legal Theory; Volume: 2018; Issue: 26 Linguagem: Inglês

10.12946/rg26/302-311

ISSN

2195-9617

Autores

Arno Wehling,

Tópico(s)

Colonialism, slavery, and trade

Resumo

This paper analyzes the institutional and legal organization of the Brazilian Empire during the transition from the Old Regime to a liberal world, in a country still deeply affected by its colonial status. The paper tries to answer the following questions: With the country moving towards independence, how was the new liberal order put in place in a continental, agro-exporting, slave-owning and predominantly illiterate country like Brazil, whose source of power came mainly from large rural estates? And how was the new normativity established during this huge and long period of transition? It is determined that the liberal framework involved new constitutional and infra-constitutional laws, while also accepting the survival of old legal and judicial rules and doctrines. Recommended citation: Wehling, Arno, An Old Empire Gives Birth to a New One. Social Practices and Transformations of the Luso-Brazilian Legal Order, in: Rechtsgeschichte - Legal History Rg 26 (2018) 302-311, online: http://dx.doi.org/10.12946/rg26/302-311

Referência(s)