Summary
Highlights
The discovery of America on October 12, 1492, profoundly changed human history and worldview. This event reshaped religious, geographical, historical, and legal perspectives, initiating a new era and transforming the idea of future construction. This date is now commemorated as the Day of Cultural Diversity, formerly the Day of the Race.
The concept of 'Día de la Raza' was established in 1917 during Hipólito Yrigoyen's government, associating the discovery of America with a Hispano-American cultural race. This idea was championed by significant political movements like Yrigoyen's and Peronism, emphasizing Hispanism. José Vasconcelos further developed this notion with his concept of the 'cosmic race,' highlighting the unique mestizaje (racial and cultural mixing) that formed the Hispano-American identity.
Aldo Ferrer described the discovery of America as the first globalizing milestone in human history, giving humanity a unified global perspective. This unification also brought conflict among European states over territorial possession, leading to the legal justification of colonization through 'just title' and effective occupation.
European states needed to justify their dominion over the newly discovered lands. Spain asserted its claim through 'just title,' based on effective occupation. This involved founding over 400 cities, ports, and villages across America, creating a network of possession and establishing the foundation for Spanish rule, adapting the Roman law concept of 'occupation of the thing' to these new territories.
The Spanish presence in America led to the creation of 'Derecho Indiano' (Indian Law), a new legal system distinct from Castilian and indigenous law. While rooted in Peninsular traditions, it adapted to the unique geographical, historical, and customary conditions of America. This legal system was characterized by 'casuistry,' adjusting norms to particular cases and local customs, ensuring laws were not detrimental to the American peoples.
Indian Law, despite the end of the viceregal period and the Hispano-American revolutions, continued to influence the legal frameworks of newly formed nations, including Argentina. While eventually superseded by modern codes and constitutions, its principles persist. Jurists adapted this legal framework to diverse Hispano-American regions from Mexico to Chile and Argentina, ensuring justice aligned with local values and customs.