“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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solution for Bauzá and others was to enact reforms in order to finally extend laws into the countryside. This dissertation has challenged these notions. It has argued that beneath the pervasive violence, an alternative order had in fact emerged in the Río de la Plata’s interior. The collapse of imperial authority on the Iberian Peninsula tore apart the foundations of the old colonial order in the borderlands. Sovereign frictions then combined with revolutionary state projects in the periphery to preclude new national structures from emerging. In the aftermath of two decades of warfare, however, peripheral inhabitants developed a set of legal practices – borderlands legalities – that were uniquely suited to the conditions they encountered in their contested ground. These practices drew upon elements of local autonomy that had found a voice in Artigas’ failed revolution. They also tapped into concepts like vecindad to express notions of personal standing in the community. Traders and landowners used these local building blocks to develop dense webs of connections that sustained commerce along the region’s rivertine trading arteries. They forged a world that simultaneously operated on local and regional levels. Contrary to Bauzá’s telling, this dissertation has argued that forms of local legal practices did survive both constitutional changes and revolutionary upheavals in the form of borderlands legalities. This survival in fact played an important role in the intractable conflicts that Bauzá sought to understand. With their political and economic relationships rooted in systems premised on integration and local legal practices, borderlands inhabitants jealously guarded their autonomy from coastal efforts to police new boundaries. They also struggled to control the local systems of justice and cross-border trading networks that defined their world. Litigation secured reciprocal ties and personal allegiances that were vital for commerce. Powerful figures like Urquiza and Canabarro arose to defend legal 366
 
 


elationships and secure local courts for their allies. In the process, they provoked sharp conflicts with their local rivals to control the administration of justice. The last third of the 19 th century did provide a framework for the creation of new states. Fueled by growing revenues from the export of agricultural staples, governments throughout the Río de la Plata developed sufficient power to compel allegiance from their peripheries. But this power only went so far. National leaders had to forge networks of local allies in order to consolidate their authority over the borderlands. Elites in the periphery in turn began to negotiate with putative national figures over the terms of state authority. Borderlands courts represented critical sites where thorny questions regarding the relationship between the nation and its peripheral inhabitants were negotiated. Local legal politics increasingly pivoted around securing the support of national judicial officials in the persistent struggles over reputation, reciprocal relationships and factional associations. In this sense, courts occupied a dual role as units of national integration through the law and of disintegration through privileging local relationships and the legalities defining them. From this perspective, the consolidation of state authority on the periphery looks more contingent and uneven. As Guillermo O’Donnell observed, nation-states often possess within them zones in which legal power has been effectively “localized” or “privatized.” O’Donnell’s metaphor of a “heat map” in which the extension of state authority across its territories occurs unevenly, creating “brown” or “green” spaces where state-centered laws have failed or only partially penetrated local and regional enclaves seems particularly appropriate. 4 The inhabitants of national peripheries retained their power to define their personal allegiances and political associations. The presence of national judicial 























































 4 Guillermo O'Donnell, Contrapuntos: Ensayos Escogidos Sobre Autoritarismo y Democratización, 1a ed. (Buenos Aires: Paidós, 1997), 267-69. 367
 
 


solution for Bauzá and others was to enact reforms in order to finally extend laws into the<br />

countryside.<br />

This dissertation has challenged these notions. It has argued that beneath the<br />

pervasive violence, an alternative order had in fact emerged in the Río de la Plata’s interior.<br />

The collapse of imperial authority on the Iberian Peninsula tore apart the foundations of the<br />

old colonial order in the borderlands. Sovereign frictions then combined with revolutionary<br />

state projects in the periphery to preclude new national structures from emerging. In the<br />

aftermath of two decades of warfare, however, peripheral inhabitants developed a set of legal<br />

practices – borderlands legalities – that were uniquely suited to the conditions they<br />

encountered in their contested ground. These practices drew upon elements of local<br />

autonomy that had found a voice in Artigas’ failed revolution. They also tapped into<br />

concepts like vecindad to express notions of personal standing in the community. Traders and<br />

landowners used these local building blocks to develop dense webs of connections that<br />

sustained commerce along the region’s rivertine trading arteries. They forged a world that<br />

simultaneously operated on local and regional levels.<br />

Contrary to Bauzá’s telling, this dissertation has argued that forms of local legal<br />

practices did survive both constitutional changes and revolutionary upheavals in the form of<br />

borderlands legalities. This survival in fact played an important role in the intractable<br />

conflicts that Bauzá sought to understand. With their political and economic relationships<br />

rooted in systems premised on integration and local legal practices, borderlands inhabitants<br />

jealously guarded their autonomy from coastal efforts to police new boundaries. They also<br />

struggled to control the local systems of justice and cross-border trading networks that<br />

defined their world. Litigation secured reciprocal ties and personal allegiances that were vital<br />

for commerce. Powerful figures like Urquiza and Canabarro arose to defend legal<br />

366
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