Rights in Latin America

After learning of many atrocities committed at the hands of the Spanish, this week’s reading attempted to cover up those mistakes with logic and Christian philosophy of the 16th century as found in the excerpts from Silvio Zavala's book The Defence of Human Rights in Latin America (Sixteenth to Eighteenth Centuries)

Scholastics, “who based their arguments on the idea of Christian freedom, pleaded for a more generous and pacific treatment of the Indians” (35). It was interesting to see the development of liberal doctrines in the 1500s. Interests and concerns, even among the Scholastics varied greatly. Their main focus was weighing the idea if Indians were able to receive the Christian faith and virtue that came with it. According to Mesa, […] although Indians were capable of receiving the Faith, it was nevertheless necessary to keep them in some form of servitude, so as to make them of better disposition and constrain them to perseverance; and this was consonant with God’s goodness” (36). Mesa's main argument was cut short when he ran into the dilemma from Genesis that states that God made man is his own image, thus in contradiction with his proposed hierarchical model of master and servant.  

Bartolomé de las Casas came to the scene loaded with ideological arguments that proved difficult to challenge. He argued that the Indians “were not irrational or barbarian, as was imagined by those who called them serfs by nature” and believe that “that was a calumny born of ignorance or of bad faith and interested motives on the part of the informants” (37). He, on the contrary, believed that they were of good disposition, had great potential in matters of politics and economics, possessed reason, etc… Servitude was always an issue and was discussed in Aristotle’s Politics. I found it interesting that they would include a “pagan” philosopher in their heavily scriptural-based arguments, but nonetheless he found a way into their discourses. Sepulveda thought Aristotle “would be found among the blessed,” while Las Casas fervently believed that the philosopher was “burning in hell” (39). If Las Casas’ ideology could be summed up in one principle, it would have to be this one: “‘Our Christian religion is equal and adaptable to all nations of the world; it receives all men equally and takes from no one his freedom or his possessions, or places him in servitude’” (39).  

In the 18th century, philosophers and ethicists were still pondering the writings of Las Casas, however, in the context of slavery of the Africans. de Pauw alleged Las Casas “of having written ‘a large number of reports intended to prove that the conquest of America was a colossal injustice and at the same time aimed at destroying the Africans, by means of slavery’” (57). During the scholarly discussions a small part was left out that the author kindly points out to the reader. “Las Casas explained that he did, in fact, propose the introduction of Negroes to alleviate the bad condition of the Indians, but later repented when he became aware of the unjust methods used by the Portuguese in capturing and enslaving Negroes, concluding that ‘they have the same reasoning powers as the Indians’” (58). 

Reading a lot of these philosophers in Silvio Zavala's book, it felt like they were almost trying to justify slavery or break it down logically to establish moral high ground, instead of outright condemning it. Perhaps that was how people were convinced in the Age of Enlightenment– by logical thought-provoking discourse.  

Readings for Oct. 24: Rights in Latin America

Well, well, well. I find it really interesting that in "Christian Freedom", Zavala manages to crush my idea of Las Casas as a fighter for indigenous rights - though not quite sure if this speaks more to his writing skill, or my own ability to perhaps be too easily persuaded! Nevertheless I found the idea that according to Las Casas, indigenous people could not hold the power that serfs did in this time because they were too many of them, they were too populous, very interesting. Serfs - described as "monsters amongst mankind" - were considered to be the proverbial few bad apples in a basket, and because there were so few of them, Indigenous people could never be serfs - according to Las Casas, and as described by Zavala. It seemed to me to be a bit like: "no, no, you can't have power... you're too nice and gentle to be one of these monsters!" Interesting.
For the most part I found I was a bit unsure as to what the point of this paper was until I read what maybe is intended to be Zavala's research question: "Does barbarianism result from natural incapacity or from a wrong
upbringing? In other words, is it an intrinsic attribute of human nature or a state capable of  being changed by religious and cultural methods?" He quickly adds that the usual idea held by Spaniards during their conquest of Latin America was that barbarians had to be educated. As I mentioned in my last post, this was what I thought was the original idea behind the colonization of Latin and Central America - that is, before I read Las Casas and found out about the insane desire for gold.
Interestingly, church members in this time seemed to have a very interesting view on slavery: seeing it as, for the most part, evil - especially in cases when one was tricked into slavery - but in other cases, acceptable, so long as the slave was not mistreated. It was common belief that slaves were "better off" when they were slaves as opposed to being left in their home countries. Here I had to remind myself that I was reading about slavery in the 1500s, not the late 18/early 1900s in the Southern parts of the USA - as that's what I was very reminded of.
In "Equality in the Eighteenth Century" the power that the Church had in these periods is very evident. I was shocked to read that the native inhabitants of the Americas were only considered "men" as a result of the Pope declaring them as such, and was intrigued by the idea Zavala presented that had this not occurred, perhaps these native people would still not be considered men. It also struck me as highly hypocritical that in the eyes of some Pope's in this time, native men were not considered "mentally advanced" enough to accept the Eucharist. If this was the case, then why was there such a fervour to convert these people to Christianity in the first place?
I also read Bolívar's "Angostura Address", where Bolívar, addressing a group of Legislators, advocates for Venezuela to have a centralized president and a hereditary senate, both modeled after the British model. He also believed there should be a branch of government completely unrelated to the others and impartial, perhaps intended to act as a type of "voice of reason" or check on the presidential branch of government and the senate. This he wanted to model after the Areopagus of Athens. The intention of this moral branch of government was to "keep vigil over the education of our children, over our national system of education, and purify the corrupted aspects of  our republic, denouncing ingratitude, selfishness, coldness of affection for the country, idleness and negligence on the part of citizens, and condemn the causes of corruption ard pernicious examples, correcting our customs with moral castigation." All in all, I found the speech to be very interesting and very rousing - you could feel Bolívar's passion for his country and for fair governance. 

Readings for Oct. 24: Rights in Latin America

Well, well, well. I find it really interesting that in "Christian Freedom", Zavala manages to crush my idea of Las Casas as a fighter for indigenous rights - though not quite sure if this speaks more to his writing skill, or my own ability to perhaps be too easily persuaded! Nevertheless I found the idea that according to Las Casas, indigenous people could not hold the power that serfs did in this time because they were too many of them, they were too populous, very interesting. Serfs - described as "monsters amongst mankind" - were considered to be the proverbial few bad apples in a basket, and because there were so few of them, Indigenous people could never be serfs - according to Las Casas, and as described by Zavala. It seemed to me to be a bit like: "no, no, you can't have power... you're too nice and gentle to be one of these monsters!" Interesting.
For the most part I found I was a bit unsure as to what the point of this paper was until I read what maybe is intended to be Zavala's research question: "Does barbarianism result from natural incapacity or from a wrong
upbringing? In other words, is it an intrinsic attribute of human nature or a state capable of  being changed by religious and cultural methods?" He quickly adds that the usual idea held by Spaniards during their conquest of Latin America was that barbarians had to be educated. As I mentioned in my last post, this was what I thought was the original idea behind the colonization of Latin and Central America - that is, before I read Las Casas and found out about the insane desire for gold.
Interestingly, church members in this time seemed to have a very interesting view on slavery: seeing it as, for the most part, evil - especially in cases when one was tricked into slavery - but in other cases, acceptable, so long as the slave was not mistreated. It was common belief that slaves were "better off" when they were slaves as opposed to being left in their home countries. Here I had to remind myself that I was reading about slavery in the 1500s, not the late 18/early 1900s in the Southern parts of the USA - as that's what I was very reminded of.
In "Equality in the Eighteenth Century" the power that the Church had in these periods is very evident. I was shocked to read that the native inhabitants of the Americas were only considered "men" as a result of the Pope declaring them as such, and was intrigued by the idea Zavala presented that had this not occurred, perhaps these native people would still not be considered men. It also struck me as highly hypocritical that in the eyes of some Pope's in this time, native men were not considered "mentally advanced" enough to accept the Eucharist. If this was the case, then why was there such a fervour to convert these people to Christianity in the first place?
I also read Bolívar's "Angostura Address", where Bolívar, addressing a group of Legislators, advocates for Venezuela to have a centralized president and a hereditary senate, both modeled after the British model. He also believed there should be a branch of government completely unrelated to the others and impartial, perhaps intended to act as a type of "voice of reason" or check on the presidential branch of government and the senate. This he wanted to model after the Areopagus of Athens. The intention of this moral branch of government was to "keep vigil over the education of our children, over our national system of education, and purify the corrupted aspects of  our republic, denouncing ingratitude, selfishness, coldness of affection for the country, idleness and negligence on the part of citizens, and condemn the causes of corruption ard pernicious examples, correcting our customs with moral castigation." All in all, I found the speech to be very interesting and very rousing - you could feel Bolívar's passion for his country and for fair governance. 

Uruguay: Between the Law and Politics

The last article I posted from UpsideDownWorld.org gave a great overview of the situation in Uruguay. In this article, election time is near and the political candidates are considering supporting a plebiscite to the Law of Caducidad that is still in the books. There has been progress in bring perpetrators of massive human rights violations to justice, however there is still much more to do, in terms of the struggle for truth and justice in Uruguay.


Between Law and Politics: The Continuing Struggle Against Impunity in Uruguay

From Bolívar to the Bolivarian Revolution…Does today’s Caudillo really reign with a Bolivarian Ideology?

“The continuation of power in the same individual has frequently led to the demise of democratic governments…”

What is striking to me about reading Bolívar is that the present caudillo in executive office, Hugo Chávez, has framed his national transformation of the political economy to a market socialist model in Venezuela as a “Bolivarian revolution”. He reveres Simón Bolívar, and has used him as an integral symbolism of his style of asserting regional sovereignty over US Empire and against the economic enemy of neoliberalism. Chávez has survived a coup, several elections (deciding the transparency of which is largely based on whether or not you like him), and now he is battling his biggest challenge yet, cancer. He is a strong willed career militarist with a loyal armed forces, has been imprisoned, and has constantly defied US economic hegemony in the region to the point that he has fostered a multinational economic agreement in direct competition with regional free trade agreements, called ALBA, with nations that share market-oriented socialist policies like Bolivia, Ecuador, Nicaragua, Cuba, and some Caribbean island nations. Needless to say, he has accomplished a lot in his time in office, while failing to address other ailments plaguing Venezuela, such as violent crime, a corrupt judicial system, and a stagnating import-export shipping industry.

Would we see Chávez leave office on his own will? It seems unlikely. As time rushes on and on, all the while creeping towards an impending election date, the Venezuelan socialists are more and more reliant on him as a one-man show. This is something that Bolívar actually warned against in his speech in 1819. So does it make his actions directly contradict the immortal words of his hero, Simón Bolívar? He wants to stay in office for at least another six years in order to further the nation’s grasp on the nation’s revenue building industries, especially oil, banking, the agricultural economy, the shipping industry, and the media.

Another interesting quote from Bolívar: “It is the people, not governments, that allow tyranny to reign” But what then of autocratic populism? Latin America has seen many nations led by autocracies that just don’t seem to go away over the years, figures like Fidel, Chávez, Evo in Bolivia, Rafael Correa in Ecuador, Daniel Ortega in Nicaragua. Save Cuba where there are no elections, these men continuously get reelected, often in elections where independent supervisors don’t cry corruption in the electoral process! Does this then mean that there is space for populism, if the people indeed trust in their leader? Can there be political and economic justice under the reign of a strong men like Fidel Castro, or ex-sandinista guerrilla Daniel Ortega?

One final element of his speech that I found very interesting in terms of historical context is when he says there is a diametric opposition between the political reality of English America and Spanish America’s, and that federalism would be difficult to implement in Venezuela. Bolivar writes this one year before the Monroe doctrine comes into American foreign policy, which is a manifesto of US defense and naval expansionism into the Americas in order to keep out European influence…seems like he had some sort of premonition of the unparalleled rise of US Empire in the region.

POR QUE SOMOS COMO SOMOS? RE: THE STATE AND THE INDIVIDUAL IN LATIN AMERICA: A HISTORICAL OVERVIEW.




I would like to start off by thanking Margaret Crahan, for I felt her reading tried to tackle the very question that fuels my interest in Latin American Studies. Por que somos como somos? Why are we, that hard-to-define, yet clearly felt community of Latin Americans, the way we are? Why do the things that happen in our countries and the patterns that have emerged out of our regions happen? Crahan’s goal is to tie the structure of the state and society at large in Latin America to its “Iberian Heritage”. In the process of her argument I agreed with some things and disagreed with others. Overall, I enjoyed many of the historical connections she made throughout her account of the evolution of the state in Latin America. 
Crahan makes a case for something of which I have been convinced for a while: that the revolutions that deposed the Spanish crown from Latin America were not for and by the people, as they have been romanticized in our (at least my) national histories. Rather, it was a war fought by the people, for certain elites. (24) This paper made me ponder on the origin of certain tendencies in Latin America. Perhaps in our revolutions we can see the origin of the tendency, or the initial manifestation of the curse by which Latin American nations always seem to be stuck choosing the lesser of several evils. 
On page 27 she identifies the ideology at the root of another Latin American tendency: the susceptibility to fall into racism and classism as systems for understanding/navigating the social reality of our nations. I once had an Israeli-American friend who claimed he didn’t travel because he didn’t need to: he though anywhere you went was the same: The lighter people have the money and the power, and the darker people do the work. It was meant as a fatalistic, simplistic, inflammatory comment. Something to mess with the sensibilities of those discussing their latest travels. I couldn’t help remembering this comment as I read about the construction of a white-mestizo-black/indio caste system, and I can’t help thinking of my city, Bogota, where the president is white as milk, the struggling middle class has always been by large majority mestizo, and the darker brown and black skin tones are the norm for la gente de la calle. 

Crahan also supplies a theory for the origin of clientelism, the ruling paradigm of government in Latin America, by which the highest law of the land is the golden rule: He who has the gold, makes the rules. She sees this as yet another trait passed down from the peculiar Iberian royalty, down to its successor, their illegitimate social offspring that was the mestizo elite. She also discusses the origin of the penchant for being ruled by caudillos, attributing it to the frustrated desire for stability post-independence. In my opinion, this was the simplest (or weakest) of her arguments.
Finally, I really enjoyed her account of the beginning of a true sense of social mobility in Latin American societies in what she dubs “the development of the modern state, 1920-1980” (36). Her description of the push by the “urban working class, small businessmen, professionals and others” to gain access to benefits paints these groups as “broadening the bases of collectivity without fully challenging the nature of centralized power.” (36) Perhaps in an overly cynical manner, I couldn’t help but feel that this was the moment in which the larger society became complicit in the perpetuation of what Crahan exposes to be an internally, inherently flawed system based on the privilege of certain elites. Perhaps Leon Gieco was not exaggerating when he sang “Cinco siglos igual...” 

POR QUE SOMOS COMO SOMOS? RE: THE STATE AND THE INDIVIDUAL IN LATIN AMERICA: A HISTORICAL OVERVIEW.




I would like to start off by thanking Margaret Crahan, for I felt her reading tried to tackle the very question that fuels my interest in Latin American Studies. Por que somos como somos? Why are we, that hard-to-define, yet clearly felt community of Latin Americans, the way we are? Why do the things that happen in our countries and the patterns that have emerged out of our regions happen? Crahan’s goal is to tie the structure of the state and society at large in Latin America to its “Iberian Heritage”. In the process of her argument I agreed with some things and disagreed with others. Overall, I enjoyed many of the historical connections she made throughout her account of the evolution of the state in Latin America. 
Crahan makes a case for something of which I have been convinced for a while: that the revolutions that deposed the Spanish crown from Latin America were not for and by the people, as they have been romanticized in our (at least my) national histories. Rather, it was a war fought by the people, for certain elites. (24) This paper made me ponder on the origin of certain tendencies in Latin America. Perhaps in our revolutions we can see the origin of the tendency, or the initial manifestation of the curse by which Latin American nations always seem to be stuck choosing the lesser of several evils. 
On page 27 she identifies the ideology at the root of another Latin American tendency: the susceptibility to fall into racism and classism as systems for understanding/navigating the social reality of our nations. I once had an Israeli-American friend who claimed he didn’t travel because he didn’t need to: he though anywhere you went was the same: The lighter people have the money and the power, and the darker people do the work. It was meant as a fatalistic, simplistic, inflammatory comment. Something to mess with the sensibilities of those discussing their latest travels. I couldn’t help remembering this comment as I read about the construction of a white-mestizo-black/indio caste system, and I can’t help thinking of my city, Bogota, where the president is white as milk, the struggling middle class has always been by large majority mestizo, and the darker brown and black skin tones are the norm for la gente de la calle. 

Crahan also supplies a theory for the origin of clientelism, the ruling paradigm of government in Latin America, by which the highest law of the land is the golden rule: He who has the gold, makes the rules. She sees this as yet another trait passed down from the peculiar Iberian royalty, down to its successor, their illegitimate social offspring that was the mestizo elite. She also discusses the origin of the penchant for being ruled by caudillos, attributing it to the frustrated desire for stability post-independence. In my opinion, this was the simplest (or weakest) of her arguments.
Finally, I really enjoyed her account of the beginning of a true sense of social mobility in Latin American societies in what she dubs “the development of the modern state, 1920-1980” (36). Her description of the push by the “urban working class, small businessmen, professionals and others” to gain access to benefits paints these groups as “broadening the bases of collectivity without fully challenging the nature of centralized power.” (36) Perhaps in an overly cynical manner, I couldn’t help but feel that this was the moment in which the larger society became complicit in the perpetuation of what Crahan exposes to be an internally, inherently flawed system based on the privilege of certain elites. Perhaps Leon Gieco was not exaggerating when he sang “Cinco siglos igual...” 

Re. Readings for Monday,October 17th.

Both readings, Bartolomé de Las Casas, A Short Account of the Destruction of the Indies and Eduardo Galeano’s Memory of Fire II: Faces and Masks, were very intriguing and strong. Unlike previous readings, these ones really caught my attention due to the amount of detail they contained!
De Las Casas reading really struck me in the way he depicts the indigenous people towards being completely washed out and many times slaughtered in masses during the Spanish Conquest of the Americas. It gives us an idea what brutally happened, which I still find it pretty hard to digest, to say the least! What I found interesting, (and on this I will have to agree with Ana’s post), is Las Casas speech and the way he refers to the indigenous people as being submissive, child-like, naive and ‘ignorant’. Through that, Las Casas convinces us that it was basically easy to convert and impose Catholicism to the indigenous population.
The reading from Galeano, on the other hand, tells the history of the Americas through many different stories. They are easy to read and at times somewhat comical but it sadly shows again the gloomy image of Latin America’s past.
I would recommend everyone to read both of these texts as they clearly summarize the roots of the Latin America problematic that still goes on today.

National Security States Eliminate Rights Conflicts?

One thing I found really interesting this week in the readings was Crahan’s article which outlined the development of state powers in Latin America through to the 1980′s. It is very interesting to see a shortened timeline of Latin American political history in order to make a quick comparison in the large changes in political structure that have occurred.

One point she raises is the ‘desire for stability’ which is quite an important factor in all the changes in types of power and in the changes of politics during Latin America’s history. Interestingly, she links this to how the authoritarian regimes came about and what the ‘justification’ for them was. Also, she demonstrates how economic sovereignty plays heavily into this instability as well. I especially liked her explanation of how most of the countries were depending on a limited amount of export goods for financial survival so the market powers of the world were really determining most of their prosperity or lack there of. It is very interesting to think about the link between economic instability and the desire for a more powerful, centralized government. Obviously, economics is a only one of many factors in how these authoritarian regimes came about, for there were many more underhanded actions as well, but it is interesting to examine the link between the desire for stability and the willingness to accept such regimes.

However, these regimes did push stability and power quite far over the edge. One very good example of this is in how Crahan explains the regimes’ responses to human rights cases in saying that “genuine rights cannot be violated because conflict between legitimate of individuals, groups, and the state does not exist.” Essentially saying that these national security states are good for people even if those people are not aware of it. I think it’s fascinating that these administrations even really acknowledged human rights claims about the violations they were committing. It is also disturbing to see how convinced they were that they were right. It almost makes these states out to be the most extreme form of paternalism. The idea of this ‘national goal’ is fairly intriguing as well. That these leaders got to decide a ‘goal’ and strive towards it at all costs is quite scary especially when you look at what truly went on with all of these administrations.


“LOOKING LATINO IS NOT PROBABLE CAUSE”




Latino residents sue ICE over apartment raid



With the context of the recently lauded "largest national crackdown on immigration" in the U.S., which took place last month (http://latimesblogs.latimes.com/nationnow/2011/09/immigration-raids-net-2900-criminals.html), this story depicts a small challenge against the arrest and deportation machinery that is currently targeted at Latinos (both legal and illegal immigrants, as well as citizens). The lack of criminal charges stemming from the raid in question shows how such practices terrorize communities unnecessarily. The implied link between the economic benefit of private businesses and the targets of the raids is alarming. This is a small peek at what the militarization of immigration law enforcement looks like. The lack of respect for rights of due process is blatant. 



Peace. 


“LOOKING LATINO IS NOT PROBABLE CAUSE”




Latino residents sue ICE over apartment raid



With the context of the recently lauded "largest national crackdown on immigration" in the U.S., which took place last month (http://latimesblogs.latimes.com/nationnow/2011/09/immigration-raids-net-2900-criminals.html), this story depicts a small challenge against the arrest and deportation machinery that is currently targeted at Latinos (both legal and illegal immigrants, as well as citizens). The lack of criminal charges stemming from the raid in question shows how such practices terrorize communities unnecessarily. The implied link between the economic benefit of private businesses and the targets of the raids is alarming. This is a small peek at what the militarization of immigration law enforcement looks like. The lack of respect for rights of due process is blatant. 



Peace. 


My take on the ends of rights debate

Gilles Deleuze’s take on jurisprudence vs. human rights was interesting, yet a bit confusing. It is of my understanding that jurisprudence means the use of a neutral point of view and language in relation to the legal system.

Thus, I believe jurisprudence struggles with the questions of what laws are and its relationship with morality and I can see the connection between these concepts with human rights. They seem intertwined since it opens the debate of which acts deserve punishment and who should obey the rule of law.

I am inclined to say that human rights cannot really assist the world if its domestic application of it varies on a national law level. One clear example of the great contradictions exemplified by Deleuze was the case of the Armenian enclave. How can we believe human rights are respected when a fundamental and universal principle like  “the right to live” competes with the death penalty that many countries support  (like the United States)? The contraction is obvious, and if one explores in detail how international human rights fit into the international community dynamics of laws, more disparities could be found. So in a sense, we can agree that human rights are subjective, ideological and at times unrealistic.

While reading Giorgio Agamben, “Means Without End” many doubts arose, and I felt lost most of the time with discussions of “naked life”. Its concept  is still unclear to me. Maybe I should read more on it.

The refugee experience narrated in these readings resonated with me. As a Venezuelan, on self-imposed exile, I can understand how refugees feel once they relocate to a new country. I agree with the author that history is not a closed book, but times have changed, and in my personal case it feels like a closed chapter. Returning to Venezuela will imply putting my life in danger and one can feel stateless when realizing that you don’t necessarily share the same values as Canadians but nor of those living the Chavist’s revolution back home either.

According to the article, the first appearance of refugees as a trend happened at the end of World War I, with the fall of the Russian, Austro-Hungarian, and Ottoman empires. Many refugees preferred to become part of the new nation, rather than returning to their countries– and I can understand the feeling.

The status of the refugee can be a temporary thing; but even if you naturalize, you still don’t feel home and there is no home to return to either. This reality generates complex and mixed emotions.  Globalization has created masses of noncitizens around the world and many find themselves as refugees and statelessness. Is the UN doing enough to aid those in this situation?

Another aspect of the readings I found interesting was the definition of the word “People.” I have to agree that the term is widely used as a symbol of misfortune, poverty, lower social class and the underprivileged. However, I think the problem is not that of “interpretation” or “linguistic.” It is more physiological and political to keep balance of power in check, and I wonder, what role human rights play in this verbal disparity?

 

 

 


Rights in Latin America

      This weeks readings provide four very different approaches about thinking about human rights in Latin America. Here I will look at two of these. First, in the writing of Simón Bolívar, he explains the Venezuelan people as “Americans by birth and Europeans by law,” which produces tension within the people causing them to contend with natives for titles of ownership and, at the same time, attempt to maintain rights against the opposition of invaders (33). He also claims that as nature makes men unequal, in intelligence, temperate and strength, the purpose of laws are meant to correct this difference by placing the individual in society so that education, industry, the arts, the services and the virtues can give him a fictitious equality (that is properly called political and social) (39). But as the idea of absolute freedom is pernicious and only the product of abstract theories, Bolívar maintains that people do not only have rights but also responsibilities (contractarian idea that the relationship between individuals and the state is a contract in which both sides have rights and obligations. To maintain the contract, the state guarantees basic rights to individuals while the individual has a resposibility to obey the laws). For Bolívar, public power thus, must be in the limits prescribed by reason and interest and the national will must conform to the possibilities allowed by the fair distribution of power (47). He calls for a republic linked with responsibility.
     In the writing of Margaret E. Crahan, she maintains that seventeenth and eighteenth century Spain and consequently, Latin American did not have the same evolution of rights, as did England or France, because it lacked a strong basis for the necessary expansion (24). She claims that the failure of the Spanish to consolidate power in centralized bureaucracies limited the development of more universalistic goals for government and diminished its role as an instrument of non-elites (29). Authority was thus, transferred from the monarchy to aristocratic and commercial elites, who used control of the state to ensure the continuance of their privileged position within society. As the monarch was financially dependent on elites, this meant that the latter could exact concessions. The dominant pattern in the Spanish empire was to avoid or to be exempted from state authority, rather than to expand basic rights (30). 

Rights in Latin America

      This weeks readings provide four very different approaches about thinking about human rights in Latin America. Here I will look at two of these. First, in the writing of Simón Bolívar, he explains the Venezuelan people as “Americans by birth and Europeans by law,” which produces tension within the people causing them to contend with natives for titles of ownership and, at the same time, attempt to maintain rights against the opposition of invaders (33). He also claims that as nature makes men unequal, in intelligence, temperate and strength, the purpose of laws are meant to correct this difference by placing the individual in society so that education, industry, the arts, the services and the virtues can give him a fictitious equality (that is properly called political and social) (39). But as the idea of absolute freedom is pernicious and only the product of abstract theories, Bolívar maintains that people do not only have rights but also responsibilities (contractarian idea that the relationship between individuals and the state is a contract in which both sides have rights and obligations. To maintain the contract, the state guarantees basic rights to individuals while the individual has a resposibility to obey the laws). For Bolívar, public power thus, must be in the limits prescribed by reason and interest and the national will must conform to the possibilities allowed by the fair distribution of power (47). He calls for a republic linked with responsibility.
     In the writing of Margaret E. Crahan, she maintains that seventeenth and eighteenth century Spain and consequently, Latin American did not have the same evolution of rights, as did England or France, because it lacked a strong basis for the necessary expansion (24). She claims that the failure of the Spanish to consolidate power in centralized bureaucracies limited the development of more universalistic goals for government and diminished its role as an instrument of non-elites (29). Authority was thus, transferred from the monarchy to aristocratic and commercial elites, who used control of the state to ensure the continuance of their privileged position within society. As the monarch was financially dependent on elites, this meant that the latter could exact concessions. The dominant pattern in the Spanish empire was to avoid or to be exempted from state authority, rather than to expand basic rights (30).