The Rule of Law and the Estado de Derecho in British and Spanish America

Settlers in the New World liked to think that their polities respected the rule of law. They recoiled from accusations of systematic lawlessness. There was not one ideal-type of a rule of law state, but a multiplicity of polities that could fit under that capacious and contested term. My paper will explore the various ways that early modern historical actors—and historians looking back on them—understood the meaning of the “rule of law” in British and Spanish America. What made for a law-respecting or lawless polity; and how could one judge if a society conformed to the “rule of law” ideal?

Note: This is a discussion based workshop of work-in-progress with the expectation that those attending have read the workshop materials. Please contact Jacquelyn E. Burt at ruppx077@umn.edu for a copy of the materials.