The Lived Space: Possession, Ownership, and Land Sales on the Chilean Frontier (1790-1830)

Historia Crítica, 67

21 Pages Posted: 13 Feb 2018

See all articles by Manuel Bastias Saavedra

Manuel Bastias Saavedra

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for European Legal History

Date Written: 2018

Abstract

By looking into sales of indigenous land in the territory of Valdivia between 1790 and 1830, this article discusses how legal interactions were tied to the local spaces of rural habitation. Since ownership was linked with possession and use in Spanish colonial law, local social relations and shared local knowledge were crucial for determining legal ownership and ensuring the validity of land transfers. This article provides insights into how law operated in newly integrated colonial spaces, and reveals that land transfers did not yet constitute purely contractual relations but were instead socially negotiated transactions involving different levels of authority and dependency.

Keywords: Chile, colonialism, customary law, indigenous peoples, land tenure, local knowledge

Suggested Citation

Bastias Saavedra, Manuel, The Lived Space: Possession, Ownership, and Land Sales on the Chilean Frontier (1790-1830) (2018). Historia Crítica, 67. Available at SSRN: https://ssrn.com/abstract=3112176

Manuel Bastias Saavedra (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for European Legal History ( email )

Hansaallee 41
Frankfurt am Main, 60323
Germany

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