Law and Market Society in Mexico


Book Description

A new theory to explain the problems Mexico has had in developing a viable market economy is presented in this innovative book. The theory bases the difficulties not on the current popular view of dependency, domestic response to foreign influence, but on Mexican culture and traditions. Armstrong traces patterns of Mexican history and lawmaking from the time of the Spanish conquistadores through the present. He demonstrates that the country has never developed a materialistic culture of egoism and autonomy, necessary in a market economy, but instead reinforces communitarian paternalism. The ideologies imported by the intellegensia (such as nineteenth century liberalism and twentieth century socialism) are shown to have had little impact on Mexico because the implicit premises of these philosophies have been incompatible with social conditions and aspirations in that nation. Armstrong argues that the blend of Spanish and traditional Indian cultures which focus on communitarian and paternalistic attitudes have constricted entrepreneurship, innovation, and commerce. Law and Market Society in Mexico begins in New Spain. The author explores the patterns of land tenure by the conquistadores and collective ownership among the Indians. Both the land and labor in Mexico were generally not articles of commerce, with systems such as mortmain, entail, and debt peonage in place. Current government stewardship is seen as far more intense than the level of regulation the United States has been accustomed to. This perceptive work is ideal for courses on Latin American studies, politics, and history.




The Making of Law


Book Description

Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.




Race, Nation, and Market


Book Description

Prior to the Revolution of 1910, economic ideals were a dominant mode of political and social discourse in Mexico. Scholars have focused considerable attention on the expansion of the market economy during this period—particularly its political, economic, and social importance. Richard Weiner now enhances our understanding of the emergence of modern Mexico by exploring the market's immense symbolic significance. Race, Nation, and Market traces the intellectual strands of economic thought during the late Porfiriato. Even in the face of Díaz's political reign, the market became the dominant theme in national discourse as contemporaries of all political persuasions underscored its social and cultural effects. This work documents the ways in which liberals, radicals, and conservatives employed market rhetoric to establish their political identities and map out their courses of action, and it shows how the market became an emblem linked to the identity of each group. Weiner explains how the dominant political interests—the científicos, the Mexican Liberal Party, and the social Catholics—each conceived economic issues, and he compares how they rhetorically used their conceptions of the market to promote their political objectives. Some worshiped it as a deity that created social peace, political harmony, and material abundance, while others demonized it as a source of social destruction. Weiner delineates their approaches and reveals how distinct notions of race, gender, community, and nationality informed economic culture and contradicted a laissez-faire conception of society and economy. By focusing on these rhetorical contests, Race, Nation, and Market offers a new perspective on social mobilization in late nineteenth-century Mexico as it also explores the related field of Porfirian economic culture and thought, about which little thus far has been written. In the face of today's controversy over globalization, it offers a unique historical perspective on the market's long-standing significance to political activism.




The Divine Charter


Book Description

Although Mexico began its national life in the 1821 as one of the most liberal democracies in the world, it ended the century with an authoritarian regime. Examining this defining process, distinguished historians focus on the evolution of Mexican liberalism from the perspectives of politics, the military, the Church, and the economy. Based on extensive archival research, the chapters demonstrate that--despite widely held assumptions--liberalism was not an alien ideology unsuited to Mexico's traditional, conservative, and multiethnic society. On the contrary, liberalism in New Spain arose from Hispanic culture, which drew upon a shared European tradition reaching back to ancient Greece. This volume provides the first systematic exploration of the evolution of Mexican liberal traditions in the nineteenth century. The chapters assess the changes in liberal ideology, the nature of federalism, efforts to create stability with a liberal monarchy in the 1860s, the Church's accommodation to the new liberal order, the role of the army and of the civil militias, the liberal tax system, and attempts to modernize the economy in the latter part of the century. Taken together, these essays provide a nuanced and comprehensive analysis of the transformation of liberalism in Mexico. Contributions by: Christon I. Archer, William H. Beezley, Marcello Carmagnani, Manuel Chust, Brian Connaughton, Robert H. Duncan, Aldo Flores-Quiroga, Alicia Hernández Chávez, Sandra Kuntz Ficker, Andrés Reséndez, Jaime E. Rodríguez O., and José Antonio Serrano Ortega




Latin American Law


Book Description

Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.




Feeding Mexico


Book Description

Winner of the 1998 Michael C. Meyer Manuscript Prize! Feeding Mexico: The Political Uses of Food since 1910 traces the Mexican government's intervention in the regulation, production, and distribution of food from the days of Cardenas to the recent privatization inspired by NAFTA. Professor Ochoa argues that the real goals of the government's food subsidies were political, driven by presidential desires to court urban labor. Many of the agencies and policies were hastily set in place in response to short-term political or economic crises. Since the goals were not to alleviate poverty, but to provide modest subsidies to urban consumers, the policies did not eliminate destitution or malnutrition in the country. Despite the minimal achievements of these interventionist policies, the State Food Agency provided a symbol of the state's concern for the workers. The elimination of the Agency in the 1990s prompted social protest and unrest. Feeding Mexico is the first study to examine the creation of networks to deliver food products, the relationship of these channels of distribution to the food crisis, and the role of the state in trying to ameliorate the problem. Based on exhaustive research of new archival material and richly documented with statistical tables, this book exposes the dynamics and outcome of social policy in twentieth-century Mexico.




Competition Policy, Deregulation, and Modernization in Latin America


Book Description

Providing one of the first studies to explore the topic, the authors trace the development of competition policy in Latin America, where that policy stands today, and how it may be reconceptualized and deployed as a tool for consolidating the region's economic future."--BOOK JACKET.




Mexican Law


Book Description




Mexico's Politics and Society in Transition


Book Description

An exploration of the interrelated trends of Mexico's transitional politics and society. Offering perspectives on the problems on the Mexican agenda, the authors discuss the politics of change, the challenges of social development, and how to build a mutually beneficial US-Mexico relationship.