Beyond Property: Law and Land in the Iberian World (1510-1850)

Project Information

IberLAND

Grant agreement ID: 101000991

DOI

10.3030/101000991

EC signature date 18 March 2021

Start date 1 November 2021

End date 31 October 2026

Funded under

• EXCELLENT SCIENCE - European Research Council (ERC)

Total cost

€ 1 983 193,75

EU contribution

€ 1 983 193,00

Coordinated by

GOTTFRIED WILHELM LEIBNIZ UNIVERSITAET HANNOVER
Germany

Periodic Reporting for period 3 - IberLAND (Beyond Property: Law and Land in the Iberian World (1510-1850))

Reporting period: 2024-02-01 to 2025-07-31

Summary of the context and overall objectives of the project

IberLAND: Beyond Property: Law and Land in the Iberian World (1510-1850) is a five-year research project funded by the European Research Council. Hosted at Leibniz University Hannover, the project involves a team of six researchers and various external associates and visiting fellows. The project aims to address the misconception that private property was a European invention spread worldwide through colonialism. This narrative oversimplifies the diverse and complex land tenure systems that existed both in Europe and in the regions colonized by Iberian powers. By examining historical land relations, IberLAND aims to debunk this Eurocentric view and highlight the variety of land tenure practices that existed globally before the rise of private property.
Understanding the true history of land tenure is crucial for several reasons. It acknowledges the diverse ways people around the world have organized their societies, challenging the dominance of European-centric historical narratives. Additionally, uncovering historical land practices can inform contemporary debates on land rights and property laws, potentially leading to fairer and more inclusive policies. Providing a more accurate account of history is essential for education and for fostering a more comprehensive understanding of our global past.
IberLAND has two main objectives: first, to deconstruct the traditional view that property laws and practices spread from Europe to the rest of the world, re-evaluating the role of European law and its supposed superiority. Second, to reconstruct the historical narrative by examining how land relations were organized in various regions under Iberian influence. This involves detailed archival research and comparative analysis of six key case studies: Mexico, Goa, Cape Verde, Spain, Brazil, and the Philippines.
Currently at the halfway point of the proposed research, IberLAND has already achieved some important objectives. The project has developed an analytical and comparative framework, leading to several publications. Extensive archival research has been conducted, and a comprehensive bibliography on land tenure in the Iberian world is being finalized for publication. Multiple research colloquia and workshops have been organized, resulting in the preparation of significant scholarly volumes and articles. The team has established a robust network of international scholars and presented findings at various conferences and workshops globally.
This ongoing research is expected to significantly influence future studies on land tenure and colonialism, offering new insights and fostering a deeper understanding of historical land relations. By moving beyond Eurocentric narratives, IberLAND aims to provide a more nuanced and accurate account of the history of land tenure, with implications for both historical scholarship and contemporary legal and social issues.

Work performed from the beginning of the project to the end of the period covered by the report and main results achieved so far

Since its inception, the IberLAND project has undertaken extensive research to reframe the understanding of land tenure in the Iberian world from 1510 to 1850. The project has successfully completed several key parts of its work and achieved significant milestones. Initially, the project focused on building an analytical and comparative framework. This foundational work was advanced through dialogue with other scholars by coordinating sections in international conferences and organizing a workshop in the first year. These efforts led to several publications, including a special issue in a Brazilian journal that gathered case studies using the proposed analytical and comparative framework. This framework is also reflected in an article by Manuel Bastias Saavedra in the same journal, an upcoming introductory chapter in an edited volume, and a submission to a journal on Global History. These publications set the stage for the project's overarching goals and provide a theoretical basis for subsequent research.
To explore the state of the art and compile a comprehensive bibliography, the project organized two internal research colloquia to review and discuss key literature on legal history and land history. This work culminated in an introductory bibliography on land tenure in the Iberian world, which is being finalized for publication. Additionally, team members presented state-of-the-art analyses of their respective case studies, further enriching the project's intellectual foundation.
The project also focused on the collection, transcription, and digital processing of historical documents. Researchers conducted research stays in various locations, including Lisbon, Seville, Madrid, Tolosa, Goa, Cape Verde, Mexico, Rio de Janeiro, and Rome. These efforts have yielded a substantial amount of original research material. A series of research colloquia facilitated the critical reading and discussion of primary sources, contributing to the preparation of a commented volume on primary sources, which is intended for publication. A document database is also under construction to support ongoing and future research.
In analysing primary sources, researchers presented their case studies during a series of research colloquia, receiving feedback from team members and associated researchers. This collaborative effort has led to the preparation of several manuscripts, including articles and dissertation chapters.
Regarding publications and dissertations, the project has already produced several significant works. These include an article on the social construction of nature and land relations, a book chapter on jurisdiction and village tenures in northern Spain, and a forthcoming book chapter on land tenure in Brazil. A special issue in a leading Brazilian law journal has also been published, featuring contributions from the project team and other scholars. These publications highlight the project's impact on academic discourse and its contribution to rethinking legal regimes of land.
The project has emphasized dissemination and networking by organizing numerous workshops, giving talks, and participating in international conferences to share its findings with a broader audience. A major conference on ownership regimes in the Iberian world was hosted, resulting in two forthcoming volumes in a prestigious series. The team has also co-organized a workshop in Paris, leading to a special issue due for publication. The project's network has been strengthened through collaborations with scholars from Brazil, Spain, Argentina, and Chile, who actively participate in colloquia and other activities.
The project has made significant progress in its mission to provide a new, non-Eurocentric history of land tenure. The research conducted so far has established a strong basis for the project's ongoing work, resulting in numerous publications, a growing document database, and an expanding network of international scholars contributing to a deeper understanding of historical land relations in the Iberian world.

Progress beyond the state of the art and expected potential impact (including the socio-economic impact and the wider societal implications of the project so far)

All the abovementioned achievements contribute to the main aims of the project which is pushing the boundaries of the field beyond the state of the art in two directions. First, IberLAND seeks to understand how land relations developed in the context of Spanish and Portuguese imperialism by exploring the multiplicity of possible normative arrangements that developed in different local contexts, by taking into account both the European and the vernacular normative systems and exploring their articulation and transformation over time. This approach is highly novel since, on the one hand, it undoes the idea that Europeans had one way of understanding this relation (i.e. property) but in fact the relation between people and land occurred in different ways everywhere. On the other hand, the novelty lies in systematically comparing different historiographies and regions, including within the Iberian Peninsula (i.e. Europe), thus analysing land relations in an integrated and global perspective. Taking the Iberian world as the focus of research on land had not been done until this project.
Second, the field tends to rely on certain deeply ingrained narratives and assumptions about the way in which land was regulated. It either draws on the notions of public and private property; it falls back on the idea that lands were held individually (supposedly a European achievement) or collectively (supposedly attuned to the indigenous form); it supposes that land laws were enacted from a higher political authority (the Crown); and it traditionally takes an economic point of view by understanding land as a productive asset. IberLAND has been pushing back on these ideas and proposes a radically different perspective. By drawing on our own case studies but also by an ample review of the literature, we have shown that the difference between public and private and the difference between individual and collective are not adequate ways of classifying land relations in the early modern period. Land tended to always be held collectively in some form or another, be it by Church organizations, corporations, cities and villages, and even in its most particular form it was held within family groups. We also argue that the rules governing the access and use of lands were organized at different levels and tended to be defined within each collective body. So, while there were general rules that served as a general frame in describing certain arrangements, the specific rules that governed specific lands were always placed at the local level and within each corporation (cities, families, etc.). Finally, we also argue that both in Europe and in Africa, Asia, and the Americas, non-human agencies played an important role in the organization of land relations, and this gave lands an important function in defining identity and belonging but were also imbued with sacred and spiritual meaning. As such, while some lands were important for their productive qualities early modern societies also imbued lands with other meanings and functions.
The research conducted so far has established a solid foundation for the project's future endeavours. This includes numerous publications, an expanding document database, and a growing network of international scholars, all contributing to a deeper understanding of historical land relations in the Iberian world. This is a significant achievement, especially due to its comparative potential. While scholars have already made comparative efforts in Latin American and Portuguese Empire history, IberLAND aims to provide an analytical common ground that enables comparisons across different territories influenced by the Iberian crowns and agents in the past. The articles published in the two special issues organized by group members and the forthcoming volumes on “Ownership Regimes in the Iberian World” offer a solid basis for dialogue between local historiographies of these territories.
We also aim to encourage this dialogue by popularizing resources and shared methods of analysis. To this end, we are organizing a book that will compile translated sources from various parts of the Iberian empires, accompanied by brief contextual analyses provided by specialized scholars. Additionally, another collective book is being organized to broaden the comparative perspective by comparing historiography on different imperial experiences beyond the Iberian case.
Within the group, the analytical framework is currently being tested in the development of their case studies. By the end of the project period, this will result in three PhD dissertations demonstrating the applicability of the analytical framework in New Spain, Cape Verde, and Brazil, as well as a monograph on the Chilean case. Articles on the cases of Goa and Spain are also in progress.
 

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