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Sample extract from The Native Land Court Vol. 2 - www.thomsonreuters.co.nz
A RETURN TO COLLECTIVISM?
Church lands and communal Indian lands were seen as archaic relics of the Spanish
colonial empire and as obstacles to modernisation, and the period of the liberal reforms,
associated with the governments of Benito Juarez and Porfirio Diaz, saw significant
losses of Indian lands to private ownership during a period of rapid economic expansion.
The process was, however, both complex and incomplete. Recent Mexican scholarship is
now cautious about overstating the effects of the liberal Reforma on the corporate lands
of the Church and the Indian pueblos. Historians have emphasised the need for further
research on the many obstacles that the liberals faced in putting their plans into effect
and the limitations in liberal theory itself, which tended to regard private property rights
as sacred. Liberalism left the properties of the existing landed elite untouched,
contributing to the problem of unequal land distribution, a problem which was one of
the causes of the great Mexican revolution which broke out in 1910. 12 A further problem
was the weakness and constant indebtedness of the Mexican state: enacting statutes is
one thing, putting them into effect is quite another — this being equally true of much
statute law relating to Maori land in 19th-century New Zealand, much of which was just
so much boilerplate. Mexico, moreover, is a vast and complex country, and the effects of
the Reforma on the indigenous towns varied considerably, as is now becoming
increasingly clear as the result of a proliferation of new regional and local studies of 19thcentury
Mexico. 13 Notwithstanding all these caveats, however, it is certain that an
important, if regionally varied, transformation took place.
For much of the 19th century the creation of the unitary liberal regime remained an
aspiration, rather than a reality (this is just as true of New Zealand, where parts of the
North Island remained autonomous and under de facto Maori control until the 1890s). 14
Even in a powerful metropolitan country like France, parts of the national territory were
still more or less autonomous in 1800, and were only brought under centralised authority
10 The “positivist” philosophy of Auguste Comte, not to be confused with the jurisprudential theory of
legal positivism, was never very influential in the Anglo-Saxon world, but was enormously significant
in key Latin American countries such as Mexico and Brazil in the 19th and early 20th centuries.
Positivism, which sees humanity as progressing away from religious superstition towards rationalism
and modernity, was not necessarily antithetical to indigenous interests. Many Brazilian supporters of
Indian rights in the early 20th century, such as the famous explorer and ethnographer Candido
Rondon, and political intellectuals such as Silvio de Almeida and Luis Horta Barboza were dedicated
positivists. See generally John Hemming Die if You Must: Brazilian Indians in the Twentieth Century (Pan
Books, London, 2004) at 1–23. The positivist slogan, “order and progress” (ordem e progreso) is on the
Brazilian flag. On positivism in Brazil see also Todd A Diacon Stringing together a Nation: Cândido
Mariano da Silva Rondon and the Construction of Modern Brazil, 1906-1930 (Duke University Press, Durham,
2004). Positivism was not entirely without influence in Britain (and perhaps, therefore, in British
colonies): the reformer Charles Booth regarded himself as a positivist and it was an important strand
in Fabian socialism: see Gertrude Himmelfarb Poverty and Compassion: The Moral Imagination of the Late
Victorians (Knopf, New York, 1991) at 82–85 and 356–358. Its formal impact in New Zealand seems
to have been slight but probably many key architects of Maori land policy such as Donald McLean,
Francis Dart Fenton, and John Ballance would have shared similar ideas.
11 See François-Xavier Guerra Le Mexique: De l’Ancien Régime à la Révolution (L’Harmattan, Paris, 1985) at
37.
12 See Aurora Gómez Galvarriato and Emilio Kourí “La reforma económica: Finanza Públicas,
Mercados y Tierras” in Erika Pani (ed) Nación, Constitución y Reforma, 1821-1908 (Fondo de Cultura
Económica, México DF, 2010).
13 See, for example, J Édgar Mendoza García Municipios, cofradías y tierras comunales: Los pueblos chocholtecos de
Oaxaca en el siglo XIX (Universidad Autónoma “Benito Juarez” de Oaxaca, Oaxaca, 2011).
14 Te Urewera is an example. See ch 9 above.
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Sample extract from The Native Land Court Vol. 2 - www.thomsonreuters.co.nz