Andrés Bello and his republican codification. Contributions to the founding constitutionalism of Latin America

Authors

  • Diego Romero Castro Universidad de Guayaquil

DOI:

https://doi.org/10.17811/hc.v0i26.1100

Keywords:

Andrés Bello, coding, constitucionalism, legal positivism, Civil Code

Abstract

This paper is based on the investigation into the confluence between constitutionalism and legal positivism, which we observe in the production of law in the liberal State. In this context, the figure of the Venezuelan Andrés Bello stands out, one of the most important representatives of the codification and formation of the legal systems of the nascent South American republics, especially in Chile. Legally ordering society, which was in a postcolonial transition, through the correct and innovative use of language, was the main objective of Bello's codification. His crowning work is the Civil Code of Chile, which reached the significance of similar codes of its time, such as that of France of 1804 or the García Goyena Project of Spain of 1851, becoming a reference for other countries in the region, contributing greatly to the implementation of the founding constitutionalism of Latin America.

Enviado el (Submission Date): 23/05/2024

Aceptado el (Acceptance Date): 12/09/2024

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Published

2025-09-01

Issue

Vol. 1 No. 26 (2025): Historia Constitucional N. 26 (2025)

Section

Iberoamerica

License

Copyright (c) 2024 Diego Romero Castro

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