Republic of Capital: Buenos Aires and the Legal Transformation of the Atlantic World.
Randall, Stephen J.
Republic of Capital: Buenos Aires and the Legal Transformation of
the Atlantic World, by Jeremy Adelman. Stanford, California, Stanford
University Press, 1999. x, 293 pp. $55.00 U.S.
Republic of Capital is an engaging, well-researched and important
contribution to our understanding of the political, intellectual, and
legal changes that occurred in the Buenos Aires region from the late
eighteenth century through the mid-nineteenth century, with a brief
afterword on twentieth-century developments. The study is much broader
than some readers might conclude from its title. Students of economic
history, even those who are not Latin Americanists, as well as political
historians will find the volume extremely useful. Although the focus is
on the evolution of law, the book provides an insightful analysis of the
intellectual and political changes that occurred as the Buenos Aires
region underwent a war for independence from Spain and its economy
evolved from a mere entrepot for Bolivian silver exports to a more
complex one dominated by merchant capitalists. In the course of his
analysis, Jeremy Adelman traces the changing views of what constituted
property and outlines the search for new economic and political
institutions that would be adequate to meet the exigencies of a
transitional economy emerging from the shadows of eighteenth-century
mercantilism. Adelman identifies this transition as one from colonial
Natural Law to instrumental legal understandings of law and as a
dialectic in which politics shaped private law at the same time that the
efforts to "formalize" the domain of property shaped political
debate and consequences.
Conceptually, Adelman has been influenced by, among others, the
work of the United States economic historian Douglass North, for whom an
understanding of economic history is embedded in a much larger social,
intellectual, and political context. Adelman identifies his approach as
being part of the "new institutionalism" in economic history
or "public choice" theories of macro social change, although
he challenges the assumptions of the "new institutionalism" in
several ways: agents are "not simply wealth maximisers under
constraint" (p. 13); institutions are "settings" within
which the principal contending parties seek to reconcile their
differences; and over the long term political ideas
"mattered." As he concludes, this "self-reflective
intellectual process shaped meanings of property and the terms for
encoding them into law" (p. 15).
The years under consideration were critical ones in the emergence
of the modern Argentine state as the leaders of Buenos Aires sought to
establish those political and economic institutions that would serve
their interests over the short and longer term. In the pre-revolutionary
years the ideas of the Enlightenment prevailed, gradually giving way to
Romanticism and then the instrumental political theories that emphasized
order over liberty and gave rise to the caudillismo associated with Juan
Manuel de Rosas, who dominated Buenos Aires politics from the end of the
1820s through the early 1850s. Although unstable and transitional in
nature, the Rosas years provided the new property holders of Buenos
Aires with a degree of protection until a more formalized,
constitutionalist structure emerged in the course of the 1850s. The
Rosas approach as governor of Buenos Aires or as the power behind the
throne was essentially a form of cronyism, or personalist politics that
were less dependent on stable and objective institutions and laws than
on the capacity of Rosas to provide what property holders required in
return for which those property holders lent him their support. Yet,
such a system operated on the basis of executive decrees rather than a
formalized legal system and as such was destined to give way to the
constitutionalism that followed as the more modern state emerged. This
is thus a history of the transition from private privilege to a
republican legal order in which the rights of all are provided with at
least formal protection before the law. Yet, as his afterword indicates,
the tensions between property and sovereignty and between individual and
collective needs and goals have remained at the heart of the politics
and legal structure of modern Argentina.
Adelman has conducted exhaustive research for this study, drawing
not only on the extensive secondary literature in English and Spanish
but on a wide range of archival sources, including among the principal
sources: the British Public Record Office; the University of
London's holdings of the papers of the Buenos Ayres and River Plate
Bank; the Argentine National Archives; the Provincial Archives of Buenos
Aires; and the Argentine Congressional library.
Stephen J. Randall
University of Calgary