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Article

Between 1796 and 1809, an array of pro- and anti-mining discourses unfolded in response to a proposal to mine gold in the former Jesuit mission territories of Chiquitos. In the last years of the 18th and the beginning of the 19th centuries, Chiquitos, in addition to being a region formerly known for its network of Jesuit missions, was a frontier of colonial settlement on a transimperial boundary characterized by an ambiguous jurisdictional status. These geographical particularities molded in significant ways the arguments presented by supporters as well as detractors of gold mining. Whether they inclined to the negative or positive, colonial discourses relating to mines and mineral extraction were tethered to geography and shaped in relation to ideas and beliefs about the characteristics of particular territories.

Article

“Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century. “Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney (https://www.powerofattorneynative.com/) website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century. The multiscalar narrative of the Power of Attorney project speaks to multiple audiences, and the digital multimedia format allows visitors to further tailor their interactions with information. The site operates on many levels. It provides maps and visualizations based on original research, data culled from primary sources that can be used as a research tool, historical and geographical background information, information about how to read letters of attorney, and microhistorical narratives of power of attorney relationships. For undergraduates learning about the relationship between Spanish administration and pueblos de indios, the maps and visualizations provide an at-a-glance overview of the spatial and social connections among Indian towns, ecclesiastical and viceregal courts, and the court of the king in Madrid from the perspective of an indigenous region rather than a top-down perspective. Graduate students and scholars interested in the production of notarial records in native jurisdictions, social history and ethnohistorical methodology and the relationship between local and transatlantic processes can explore the maps, visualizations, and data in greater detail. An educated general audience interested in the history of Oaxaca’s native peoples can find a general introduction to the region, its history and geography, and the long-standing relationship between Mexico’s native people and the law.

Article

This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.

Article

Mexico had an exceptionally diverse population during the 16th and 17th centuries, including Indigenous peoples of different ethnicities (in the majority), Iberians, and forced migrants from Africa and Asia, who related to one another in complex ways. Society—a group of people living in a community—was configured differently in each place, based on geographical location, local customs, property distribution, and a myriad of other factors. Faced with such different contexts, historians have tended to generalize about social organization (the way people interacted) from the perspective of the men who produced the most sources. Colonial statutes and official correspondence convey the attempts of Hapsburg officials to maintain a hierarchical social order, but property records reveal a more fluid reality. The acquisition of wealth and achievement of social status by non-Spaniards frustrated colonial ideals for a stratified society that correlated to ethnicity. The success of imperial governance, to the degree it was achieved, depended on its flexibility and how it allowed people to benefit from the colonial economy and to achieve social mobility.

Article

Benito Juárez was born on March 21, 1806, in San Pablo Guelatao, a Zapotec-speaking hamlet in Sierra de Ixtlán (renamed the Sierra de Juárez on July 30, 1857) in Mexico’s southeastern state of Oaxaca. He died in the National Palace on July 18, 1872, as President of the Republic, an office he had occupied since January 1858, when, as President of the Supreme Court, he had succeeded the moderate Liberal Ignacio Comonfort, who had been driven into exile by a Conservative military revolt. During his fifteen years as president, a younger generation of Liberals, few of whom could remember the revolution of Independence (1808–1821), radically transformed Mexico’s laws and institutions. In October 1855, when Juárez was the minister of justice in the newly formed Liberal government, he implemented the “Law of Restriction of Corporate Privileges,” which is credited with setting in motion the wider Reform movement. Between 1855 and 1860, in what was at the time called La Revolución but soon became known as La Reforma (the Reformation), Mexico moved from being a “Catholic Nation,” in which many of the social and racial hierarchies and corporate privileges of colonial rule still held sway, to becoming a secular federal republic regulated by a liberal constitution based on the sovereignty of the people and equality before the law, reducing the legal immunities and special privileges of the army and the Catholic Church and establishing a single system of civil law that guaranteed a wide range of freedoms and social rights. In the face of a Conservative uprising in January 1858, which broadened into the Three Years’ War (1858–1861), Liberals pressed ahead with an ambitious project of religious and civil disentailment (desamortización) that abolished corporate or communal property in favor of individual private ownership. The Liberal revolution was further strengthened in 1859 by the “Laws of Reform,” which ordered the wholesale nationalization of Church wealth and the closure of nunneries and monasteries; barred Roman Catholicism, the national religion until 1857, along with any other religion, from external manifestations of the cult; and established a civil registry and a strict separation of church and state. Conservatives, undeterred by their defeat in the Battle of Calpulalpan, in December 1860, and in spite of Juárez receiving his first full popular mandate in the elections of March 1861, redoubled their resistance to the Reform by encouraging Napoleon III’s colonial ambitions, efforts that culminated in January 1862 in the occupation of Veracruz by forces from France, Britain, and Spain and the imposition of Maximilian Habsburg as emperor in April 1864. Juárez now led the defense of the Liberal republic on two fronts, and he retreated to northern Mexico, from where he coordinated resistance to the Empire. Following the defeat of the Second Empire, which culminated in the execution of Maximilian alongside the principal Conservative generals at Querétaro on June 19, 1867, Juárez returned to the national capital wearing the twin laurels of Liberal law giver and savior of the nation. Although at his death, in 1872, he faced many enemies, especially in the Liberal camp, Juárez soon became enshrined as Liberal Mexico’s undisputed founding father and moral guide, much in the mold of his contemporaries Giuseppe Garibaldi and Abraham Lincoln. Under his leadership, liberalism had become insolubly fused with patriotism in the republican victory over European monarchy—Mexico’s second revolution of independence. La Reforma is recognized as a major watershed in Mexico’s history on a par with the revolution of Independence from Spain and the Revolution of 1910–1917.

Article

Anticommunism was a central force in the history of the Chilean political conflict in the 20th century. Not only did several political actors define their identities and actions by their opposition to Marxist-inspired revolutionary projects, but also the state in different moments excluded and persecuted everything identified as “communist.” To a great extent, anticommunism relied on three main “frameworks”: Catholicism, nationalism, and liberalism, all of which were crucial elements in the construction of the Republic since the 19th century. Different combinations and interpretations within each framework resulted in different anticommunist expressions, from pro-fascist movements and nationalist groups to the conservative-liberal right wing, the Social Christian center and even moderate socialists. Many of them, especially in the second half of the 20th century, understood anticommunism as a defense of different variations of capitalism. Of course, anticommunism was not a uniquely Chilean phenomenon. It was, in fact, an ideological trend worldwide. This conditioned the reception in Chile of global events and ideas, while it enabled the construction of transnational networks among related actors. The enactment of the Law of Permanent Defense of Democracy in 1948, which outlawed the Communist Party, symbolized the alignment of Chilean politics to Cold War bipolarity. However, the Marxist left was able to recover during the “long Sixties,” in a political and cultural environment marked by the Cuban Revolution. The Popular Unity government was the materialization of all anticommunist fears. The counter-revolutionary bloc created then paved the way to the 1973 coup and the subsequent military dictatorship, which used anticommunism as state ideology. Human rights violations were legitimated by the dictatorship from that ideological framework. Anticommunism decayed by the late 1980s alongside socialist experiences around the world.

Article

Lilia Katri Moritz Schwarcz

This article provides a larger panorama of the cultural politics of the Brazilian Empire during the 19th century and following the long Second Reign of Pedro II. The central figure of the emperor—as a kind of animator of cultural, scientific, and artistic life—and the conservative profile of the national movement are key issues. The article analyzes the development of the main professional schools of the country, which taught medicine (in Rio de Janeiro and Salvador) and law (in São Paulo and Recife), and also tells the story of the Historical and Geographical Institute and the origins of the museums of art in Rio de Janeiro, the former capital of the court, and scientific museums in Rio de Janeiro, São Paulo, and Belém.

Article

Spanish legal organization required that political communities be represented by a concejo or cabildo, which used customary law to determine and enforce the common good. In the Spanish colonial world, this entailed vesting indigenous communities with jurisdiction and political representation, parallel to that of the municipal cabildo, which represented the common good of most Spanish citizens. Nevertheless, the supposed common good of indigenous and Spanish jurisdictions often intersected or contested one another. In these cases, agents of the Spanish Crown might intervene, or the parties might negotiate new relations. Because Andean cabildos were entreated not to keep minutes of their deliberations or actions, historians have had difficulty in recognizing the role of indigenous authorities in self-governance, and given more credence to the acts of Spanish cabildos and the Crown. But Indian cabildos and caciques took meaningful decisions within their communities, as demonstrated by moments where they came into conflict with Spanish authorities, and as inferred from a small number of documents available for the similar Mexican case.

Article

Ela Miljkovic

As in many areas of the world, in Mexico ambient air pollution is a pervasive component of the lived experience. Most conspicuous in large urban centers, air pollution flows across the diverse Mexican terrain, unifying the country’s political geography while also routinely permeating international boundaries. In Mexico’s capital, air pollution is unyieldingly stagnant and often lingers in the valley for days during winter temperature inversions and periods of low wind activity. Although Mexico City has long suffered from seasonal dust pollution, a consequence of the slow, human-engineered desiccation of the lakes that once surrounded the city, as well as from pollution naturally generated by the relatively more sporadic volcanic eruptions known to afflict the city and its environs, the mid-20th century spawned an altogether different, more human pollution problem. Driven by state-sponsored industrialization, population growth, and a rise in the use of motorized transportation, a phase collectively known as the “Mexican Miracle,” from approximately the 1940s to the 1990s, Mexico City transformed into an industrial powerhouse and the most polluted city in the world, the latter status officially recognized by the United Nations during the Earth Summit in 1992. The state, dedicated to carrying out its comprehensive modernization project, had left Mexico City’s air pollution to fester for decades, framing the legal protection of the environment—atmosphere included—as antithetical to economic growth. This rhetoric pervaded the ways that antipollution laws, passed in the 1970s and 1980s, were enforced. Though they set into motion important classification and monitoring efforts, for the most part air pollution control laws were poorly executed due to bureaucratic inefficiencies and the collapse of the economy, which halted spending on environmental protection programs. Other spheres such as science and environmental activism were also important in the history of Mexico City’s experience with air pollution, as actors within these realms contributed to the creation of air pollution knowledge throughout the second half of the 20th century. In their own ways, scientists and activists discursively rendered air pollution a threat to human life and the ecological future of Mexico City. From the 1940s to the 1990s, then, dirty air connected politics, science, and environmentally minded citizens in important and intriguing ways.

Article

In early modern societies, the duty of enforcing justice was one of the principal tasks of the monarch. Judicial power could be exercised both directly by the monarch—the supreme magistrate—or by those he delegated it to—judges or his courts. In the vast territory of Portuguese America, different institutions were created to ensure access to justice, to help govern the people, to assist in long-distance administration, and to maintain control over the crown’s dominions. Ouvidorias-gerais, judges, and courts were established with their own institutional officials, intermixing lower- and higher-level jurisdictions and exercising justice over distinct territorial spaces. To understand the functioning of judicial institutions in colonial society, it is important to analyze the universe of magistrates, their careers, judicial practices, and complex relations in the social environment. Magistrates, as an important professional group recruited by the Portuguese monarchy, had multiple overseas possibilities. They could serve at the same time as representatives of royal power and allies of local groups. These men faced a colonial reality that allowed them a wide sphere of action, the exercise of a differentiated authority, and a privileged position as intermediaries between local elites and the king. Even though all magistrates were subject to the same rules of selection, recruitment, appointment, and promotion, the exercise of justice in the slaveholding society of Portuguese America demanded a great capacity for adaptation and negotiation, for the application of law in the mosaic of local judicial situations. Magistrates circulated in different spaces, creating and working in different judicial institutions in the difficult balance between theory and practice, between written law and customary law.

Article

The period following the end of Getúlio Vargas’s second government (1951–1954) saw a massive expansion of the media industries, with popular music in particular becoming an important cultural touchstone. A major feature of the postwar period was the politicization of music and other media such as radio, television, and social media. Other salient trends include the incorporation of international musical influences (especially jazz, rock, and countercultural postures) into Brazilian musical production starting in the late-1950s, and the rise and prominence of regional genres in the national discourse. Along with the fluctuations in the national economy, the recording industry expanded and contracted. Brazilian media industry infrastructures have taken part in artistic expression, including both major multinational record labels as well as independent record companies. Popular music production has regularly responded to the social and economic upheavals that have characterized Brazil since the end of World War II, including the military dictatorship (1964–1985). While much of the international reputation of Brazilian music in this period relies on the popularity of bossa nova, the history of the country’s media industries shows how other genres such as música popular brasileira, rock, brega, and sertanejo adapted to public tastes. Even during the height of the military regime’s repression, the efforts of record companies and recording artists saw the expansion of Brazilian popular music into still more diverse sounds, a trend that continued through the first decades of the 21st century. Interdisciplinary perspectives, including communication studies, history, anthropology, and ethnomusicology, show some possible new routes for music and cultural industry research in Brazil.

Article

The Bracero Program began in 1942 as a temporary wartime measure but was extended repeatedly until 1964. During that time, more than 4.5 million braceros received contracts to work in the United States, primarily as agricultural laborers. Before the program ended, braceros worked in thirty-eight states in the United States, with the majority contracted by eight states. With the attack on Pearl Harbor by Japanese forces on December 7, 1941 and the subsequent sinking of two Mexican vessels by German submarines, Mexico and the United States entered into a bilateral agreement. In actuality, there were two bilateral agreements, the first extending from 1942 to 1949, and the second, enacted as Public Law 78, starting in 1951 and culminating in 1964. Throughout the program’s existence Mexico strove to ensure favorable conditions under which braceros were to be contracted, especially in light of the strong opposition to the program among a number of sectors in Mexico and the long history of discrimination against people of Mexican descent in the United States. Like Mexico, the United States faced opposition to the contract labor program from both employers and labor unions. Employers were wary of too much government interference in their ability to secure a plentiful and cheap labor supply, while labor unions viewed the program as a threat to organizing efforts and as an obstacle to achieving better working conditions and pay for agricultural workers in the United States. The Bracero Program also deeply affected the braceros themselves in both positive and negative ways. And it had a profound impact on the families of the braceros who left to work in the United States. The program was plagued by a number of issues and problems, primarily resulting from a lack of enforcement and widespread contract violations. Despite the problems associated with the program, both countries touted its benefits, not only to their economy, but to the braceros themselves. The braceros did not passively accept their fate and challenged their treatment in a variety of ways. Although the Bracero Program ended in 1964, its legacy continues to affect US–Mexican relations to this day. Furthermore, former braceros and their descendants have undertaken a movement to demand reimbursement for wages promised them under the requirements of the Bracero Program.

Article

In the past, scholars of Latin America often assumed that Spanish colonists abandoned the Caribbean for the bullion riches of Mexico and Peru almost immediately after their conquest, while many Caribbeanists have imagined that Barbados, colonized by the British in the mid-1600s, was the “first black slave society.” Yet, in fact, more than a century earlier in the colony of Santo Domingo (then officially known as la Isla Española or simply la Española), European colonists built the first major American plantation economy and society made up mostly of enslaved people. Those held in chains on the island reached into the tens of thousands by the mid-1500s, and Santo Domingo became a pivotal crossroads in the early modern Atlantic. At first the enslaved population included thousands of people the Spanish called “Indians,” taken from other parts of the Caribbean and the Americas, and even an occasional enslaved person of European (Orthodox Christian or Muslim) descent. But after the mid-1500s slavery in Santo Domingo became isolated to people of African descent. This contrasted with the preexisting demography of slavery in southern Europe, where the enslaved were of more diverse geographic origins. Santo Domingo thus initiated a trajectory of racial and plantation slavery whose contours would shape the course of history in the Americas overall. Santo Domingo’s slave-based economy would also, though, be the first to collapse, at the end of the 16th century, partly because of sustained resistance by the enslaved—their continual escape and rebellion—that was costly for planters. The enslaved had composed most of society in the prior century. Now the majority were escaped and, to a lesser extent, freed slaves, living with substantial autonomy as independent peasants dispersed across the countryside. These themes are illuminated through an exploration of one of the earliest freedom suits in the Americas. This suit was won on appeal in Santo Domingo in 1531 through remarkable transatlantic collaboration by family members and sailors as well as through the evident power of notarized documents in the Spanish Empire.