front cover of Judge and Jury in Imperial Brazil, 1808–1871
Judge and Jury in Imperial Brazil, 1808–1871
Social Control and Political Stability in the New State
By Thomas Flory
University of Texas Press, 1981

In nineteenth-century Brazil the power of the courts rivaled that of the central government, bringing to it during its first half century of independence a stability unique in Latin America. Thomas Flory analyzes the Brazilian lower-court system, where the private interests of society and the public interests of the state intersected.

Justices of the peace—lay judges elected at the parish level—played a special role in the early years of independence, for the post represented the triumph of Brazilian liberalism’s commitment to localism and decentralization. However, as Flory shows by tracing the social history and performance of parish judges, the institution actually intensified conflict within parishes to the point of destabilizing the local regime and proved to be so independent of national interests that it all but destroyed the state.

By the 1840s the powers of the office were passed to state appointees, particularly the district judges. Flory recognizes these professional magistrates as a new elite who served as brokers between the state and the poorly articulated landowner elite, and his account of their rise reveals the mechanisms of state integration.

In focusing on the judiciary, Flory has isolated a crucial aspect of Brazil’s early history, one with broad implications for the study of nineteenth-century Latin America as a whole. He combines social, intellectual, and political perspectives—as well as national-level discussion with scrutiny of parish-level implementation—and so makes sense of a complicated, little-studied period. The study clearly shows the progression of Brazilian social thought from a serene liberal faith in the people as a nation to an abiding, very modern distrust of that nation as a threat to the state.

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front cover of Peasants in Revolt
Peasants in Revolt
A Chilean Case Study, 1965–1971
By James Petras and Hugo Zemelman Merino; translated by Thomas Flory
University of Texas Press, 1973

Based on extended interviews at the Culiprán fundo in Chile with peasants who recount in their own terms their political evolution, this is an in-depth study of peasants in social and political action. It deals with two basic themes: first, the authoritarian structure within a traditional latifundio and its eventual replacement by a peasant-based elected committee, and second, the events shaping the emergence of political consciousness among the peasantry. Petras and Zemelman Merino trace the careers of local peasant leaders, followers, and opponents of the violent illegal land seizure in 1965 and the events that triggered the particular action.

The findings of this study challenge the oft-accepted assumption that peasants represent a passive, traditional, downtrodden group capable only of following urban-based elites. The peasant militants, while differing considerably in their ability to grasp complex political and social problems, show a great deal of political skill, calculate rationally on the possibility of success, and select and manipulate political allies on the basis of their own primary needs. The politicized peasantry lend their allegiance to those forces with whom they anticipate they have the most to gain—and under circumstances that minimize social costs. The authors identify the highly repressive political culture within the latifundio—reinforced by the national political system—as the key factor inhibiting overt expressions of political demands.

The emergence of revolutionary political consciousness is found to be the result of cumulative experiences and the breakdown of traditional institutions of control. The violent illegal seizure of the farm is perceived by the peasantry as a legitimate act based on self-interest as well as general principles of justice—in other words, the seizure is perceived as a “natural act,” suggesting that perhaps two sets of moralities functioned within the traditional system.

The book is divided into two parts: the first part contains a detailed analysis of peasant behavior; the second contains transcriptions of peasant interviews. Combined, they give the texture and flavor of insurgent peasant politics.

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