To gauge the extent of French revolutionary influence in Latin America, an influence which persists to this day, one need not look further than any popular source to see which system of law predominates in any given country.

For centuries, Latin America’s legal system was based on the “major legislative achievement from the Middle Ages,” the Siete Partidas. After the revolutionary wars, the legal systems were modeled after the Napoleonic Code, although, to be sure, the influence of the Siete Partidas , or “Seven Part Code”, persisted.

In brief, the Seven Part Code, promulgated in the 1200’s, declared that all law is to conform to God’s decree. It recognized the ultimate Law Giver as God, not man. It’s first part, roughly translated, states, “To the service of God.” The Napoleonic code, which was developed to codify the French Revolution, rejects any mention of God, but does pay obeisance to the Serpent’s ancient temptation by making man a god. It is humanistic to the core. Of course, it borrowed much from the Christian capital accumulated over millennia, but its deafening silence on God and religion was obvious.

(In striking contrast, consider: the legal system in the then recently independent North American, former English colonies remained the same as England’s: Common Law, with its Christian roots in the Magna Carta. South America was convulsed by a true “revolution”; North America, not so much.)

All South American law is heavily Napoleonic, except for Chile and the countries that adopted or were heavily influenced by Chile’s civil law. 

Why is Chile an exception?

We can thank Venezuelan Andrés Bello, whom we will visit in future posts. For now, we will say he was truly one of the most influential personages of history. Poet, illustrious philologist, excellent diplomat, and unique thinker, this man led a most singular life whose benign influence continues to this day. Although born in Venezuela, he lived 19 years in London, where he met another great personage to whom we’ll return in future posts, Francisco de Miranda, a man who had personally met George Washington, Thomas Jefferson, and other founding fathers of the United States.

He briefly tutored Bolivar, but Bolivar did not heed his request for help to return to his native land. Eventually, Bello was invited to come to Chile where he lived the remaining 36 years of his life. And a most industrious life it was: founded the University of Santiago; developed the Gramática de la Lengua Castellana Destinada Al Uso de Los Americanos, a masterpiece of Spanish grammar and vocabulary. 

And, as if that were not enough, he developed the Civil Code of Chile, adopted by some countries and heavily relied upon by others. His approach incorporated some of the Napoleonic Code, while retaining much of the Spanish Seven Part Code, in modified fashion. A truly remarkable man. He died aged 83 in Santiago, Chile, in 1865.

Another influence, although not so benign, was Simón Rodriguez, long time tutor of Bolivar in his youth. Bolivar lived with him from the age of 12 to 14. Rodriguez was immersed in Rousseau’s philosophy and revolutionary ideology. In exile he met up with his former protege, Bolivar, in Europe and traveled much of the continent with him, including meetings with Napoleon and his coronation in Milan. Rodriguez witnessed Bolivar’s famous oath of not giving rest to his arm until he had “broken the chains … of Spanish power.”

Bolivar helped him return to South America where he died aged 84 in 1854 in Amotape, Peru. He referred to him as “my Socrates. A consummate philosopher. The Socrates of Caracas.” Although his personal influence pales alongside that of Bello, his mentoring of Bolivar impacted Venezuela and much of South America to this day.

(Guess which of the two was honored by the geniuses at Google: Bello or Rodriguez? Hint: the same one who is idolized by the current regime in Venezuela: Rodriguez. No surprise there. And yet another reason to use Bing.)

From a layman’s point of view, Bello managed to tip his hat to the Napoleonic code, while recognizing that the legal tradition and mores of the former Spanish colonies were deeply “non-revolutionary”, even religious. So, since the 19th century, a certain tension has been a part of the legal and intellectual life in South America with some regions or countries handling it with less disruptions than others. This matter deserves much more study and consideration and I am convinced it will help explain much of Latin American life from the 1800’s to the present.

For now, I am grateful it was Bello who developed the Civil Code, not Rodriguez.

We’ll return to Bolivar and these men in future posts.